Page:United States Statutes at Large Volume 104 Part 3.djvu/78

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104 STAT. 1430 PUBLIC LAW 101-509—NOV. 5, 1990 President. Federal Register, publication. non-Federal workers for the same levels of work in the same locality; "(7) the term 'comparability payment' means a payment pay- able under section 5304; "(8) the term 'rates of pay under the General Schedule', 'rates of pay for the General Schedule', or 'scheduled rates of basic pay' means— "(A) the rates of basic pay set forth in the General Schedule; and "(B) in the case of an employee covered by the perform- Eince management and recognition system, the rates of basic pay under chapter 54; and "(9) the term 'General Schedule position' means any position to which subchapter III applies (including any position under the performance management and recognition system). "§ 5303. Annual adjustments to pay schedules "(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be incresised by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). "(b)(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall— "(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and "(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect. "(2) In evsduating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. "(3) The President shall include in the report to Congress under paragraph (I)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government's ability to recruit and retain well-qualified employees. "(c) The rates of basic pay that take effect under this section— "(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and "(2) shall be printed in the Federal Register and the Code of Federal Regulations.