PUBLIC LAW 101-509 —NOV. 5, 1990 104 STAT. 1433 "(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(l)(A), be included within a pay locality. "(d) In order to carry out this section, the President shall— President. "(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 18 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 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 annual 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 pa5naients 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 iii 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 Reports, 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 locsdity; "(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 pa5mients payable); and "(C) indicate the size of the respective comparability pa5anents (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. "(e)(1) The President shall establish a Federal Salary Council of 9 President. members, of whom— "(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and "(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employ- ees represented by the various organizations, except that not more thein 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
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