Page:United States Statutes at Large Volume 104 Part 3.djvu/110

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104 STAT. 1462 PUBLIC LAW 101-509 —NOV. 5, 1990 this Act shall be effective only to the extent provided for in advance in appropriation Acts. 5 USC 5304 note. SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS. (A) DEFINITIONS.—For the purpose of this section— (1) the term "area" means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and (2) the term "pay relative" shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. Ob) AUTHORITY. —(1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each General Schedule employee (including an employee covered by the performance management and recognition system) whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). President. (2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. (c) ADMINISTRATION.— (1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of— (A) the basic pay to which a percentage is applied in computing an amount payable under this section; (B) the purposes for which any amount under this section is to be considered part of basic pay; (C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and (D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. (2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended). President. (c) COMMENCEMENT AND TERMINATION RULES. — (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than January 1, 1994. (2)(A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act take effect, except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. (B) The total rate to which subparagraph (A) applies is the sum of— (i) the rate at which comparability payments (under section 5304 of title 5, United States Code, as amended by such Act) are payable; and (ii) the rate at which payments under this section are payable.