104 STAT. 1662 PUBLIC LAW 101-510—NOV. 5, 1990 (g) ADJUSTMENT OF AMOUNT PAYABLE ON THE BASIS OF DUTY AT REMOTE WORKSITE.— Section 5942 of title 5, United States Code, is amended— i (1) by inserting "(a)" before "Notwithstanding"; and (B) by adding at the end the following new subsection: "(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.". (h) SEPARATE MAINTENANCE ALLOWANCE FOR EMPLOYEES IN PANAMA.—Section 5924(3) of title 5, United States Code, is amended by adding at the end the following: "Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term 'foreign area' includes the Republic of Panama.". (i) CRITICAL-POSITION PAY AUTHORITY. — (1) IN GENERAL.—Subchapter VII of chapter 53 of title 5, United States Code, as amended by subsection (b), is further amended by adding at the end the following new section: "§ 5380. Pay authority for critical positions "(a) For the purpose of this section— "(1) the term 'agency' has the meaning given it by section 5102; and "(2) the term 'position' means— "(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; "(B) a position under the Executive Schedule under sections 5312-5317 of this title; "(C) a position to which section 5372 of this title applies (or would apply, but for this section); and "(D) a position to which section 5372a of this title applies (or would apply, but for this section). "(b) Authority under this section— "(1) may be granted or exercised only with respect to a position— "(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and "(B) which is critical to the agency's successful accomplishment of an important mission; and "(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. "(c) The Office of Personnel Management may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. "(d)(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. "(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
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