104 STAT. 1436
PUBLIC LAW 101-509—NOV. 5, 1990
"§ 5304a. Authority to fix an alternative level of comparability
payments
President.
"(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider
the level of comparability payments which would otherwise be
payable under section 5304 in any year to be inappropriate, the
President shall—
Reports.
"(1) prepare and transmit to Congress, at least 1 month before
those comparability payments (disregarding this section) would
otherwise become payable, a report describing the alternative
level of pa5anents which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and
"(2) implement the alternative level of payments beginning
on the same date as would otherwise apply, for the year involved, under section 5304.
"(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to
exercise any authority to fix an alternative level of comparability
payments under this section.
"§ 5305. Special pay authority
"(a) Whenever the President finds that the Government's recruitment or retention efforts with respect to 1 or more occupations in 1
or more areas or locations are, or are likely to become, significantly
handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with
respect to individuals in positions paid under any of the pay systems
referred to in subsection (c), higher minimum rates of basic pay for 1
or more grades or levels, occupational groups, series, classes, or
subdivisions thereof, and may make corresponding increases in all
step rates of the pay range for each such grade or level. However, a
minimum rate so established may not exceed the maximum pay rate
prescribed by statute for the grade or level by more than 30 percent,
and no rate may be established under this section (disregarding any
amount payable under subsection (g)) in excess of the rate of basic
pay payable for level V of the Executive Schedule. The President
may authorize the exercise of the authority conferred on him by this
section by the Office of Personnel Management or, in the case of
individuals not subject to the provisions of this title governing
appointment in the competitive service, by such other agency as he
may designate.
"(b) The circumstances referred to in subsection (a) are—
"(1) rates of pay offered by non-Federal employers being
significantly higher than those payable by the Government
within the area, location, occupational group, or other class of
positions under the pay system involved;
"(2) the remoteness of the area or location involved;
"(3) the undesirability of the working conditions or the nature
of the work involved (including exposure to toxic substances or
other occupational hazards); or
"(4) any other circumstances which the President (or an
agency duly authorized or designated by the President in
accordance with the last sentence of subsection (a)) considers
appropriate.
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