§ 5304.
(a)
Pay disparities shall be identified and reduced as follows:
(1)
Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.
(2)
(A)
The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.
(B)
Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.
(3)
Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that—
(A)
the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(B)
the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(C)
the percentage for the third calendar year in which any amounts are payable under this section may not be less than ⅖ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(D)
the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(E)
the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than ⅗ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(F)
the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(G)
the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than ⅘ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(H)
the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; and
(I)
the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent.
(4)
Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality’s pay disparity completely.
(b)
After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable).
(d)
In order to carry out this section, the President shall—
(1)
direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that—
(A)
compares the rates of pay under the General Schedule (disregarding any described in section 5302(8)(C))
1
See References in Text note below.
with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate surveys that shall be conducted by the Bureau of Labor Statistics;
(B)
based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable);
(C)
makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and
(D)
includes the views and recommendations submitted under subsection (e);
(2)
after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and
(3)
transmit to Congress a report of the actions taken under paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C)) which shall—
(A)
identify each pay locality;
(B)
specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent’s most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and
(C)
indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year.
(g)
(1)
Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(2)
The applicable maximum under this subsection shall be level III of the Executive Schedule for—
(A)
positions under subparagraphs (A) and (B) of subsection (h)(1);
(B)
positions under subsection (h)(1)(C) not covered by appraisal systems certified under subsection 5307(d); and
(C)
any positions under subsection (h)(1)(D) as the President may determine.
(3)
The applicable maximum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).
([Pub. L. 89–554], Sept. 6, 1966, [80 Stat. 459]; [Pub. L. 91–375, § 6(c)(11)], Aug. 12, 1970, [84 Stat. 776]; [Pub. L. 95–454, title IX, § 906(a)(2)], Oct. 13, 1978, [92 Stat. 1224]; [Pub. L. 96–465, title II, § 2314(c)(3)], Oct. 17, 1980, [94 Stat. 2168]; [Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)]], Nov. 5, 1990, [104 Stat. 1427], 1431; [Pub. L. 102–378, § 2(26)], Oct. 2, 1992, [106 Stat. 1348]; [Pub. L. 108–136, div. A, title XI, § 1125(a)(1)], Nov. 24, 2003, [117 Stat. 1638]; [Pub. L. 108–411, title III, § 302(a)(1)], Oct. 30, 2004, [118 Stat. 2318]; [Pub. L. 110–372, § 2(a)], Oct. 8, 2008, [122 Stat. 4043]; [Pub. L. 111–84, div. A, title XIX, § 1912(a)], Oct. 28, 2009, [123 Stat. 2619].)