Page:United States Statutes at Large Volume 104 Part 3.djvu/130

 note. 104 STAT. 1482 PUBLIC LAW 101-509 —NOV. 5, 1990 (D) Add after paragraph (4) (as so redesignated by subparagraph (B) the following: "(5) For the purpose of this subsection, 'severe economic conditions' shall be considered to exist relative to an adjustment scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.". (b) REFERENCES.— Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 and any provision of law amended made by such Act), effective for purposes of any pay adjustment scheduled to take effect during the period described in subsection (a), any reference in a provision of law to section 5303 of title 5, United States Code, as amended by section 101 (or to the effective date of a pay adjustment, the size of an adjustment, a rate payable after an adjustment, or other related matter under such section 5303) shall be considered a reference to such section as applied in accordance with this section (or to the corresponding matter, as determined under such section 5303, as applied in accordance with this section). 5 USC 5304a SEC. 634. SPECIAL RULE RELATING TO COMPARABILITY PAYMENTS IN 1994. Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 and any provision of law amended by such Act), for purposes of any comparability pa3mients scheduled to take effect under section 5304 of title 5, United States (Uode (as amended by such Act) during calendar year 1994— (1) deem section 5304a of such title (as so amended) to be amended as follows: (A) in subsection (a), strike "If and all that follows thereafter through "welfare," and insert "Subject to subsection (c), if'; and (B) add after subsection (b) the following: "(c)(l) For the purpose of this section— "(A) the 'threshold amount' is $1,800,000,000; and "(B) 'severe economic conditions' shall be considered to exist relative to comparability payments scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP. "(2) Authority under this section to provide an alternative level of comparability pa3anents in any year may not be exercised except in accordance with the following: "(A) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be equal to the threshold amount or less, no alternative level may be fixed under this section unless necessary because a state of war or severe economic conditions exist. "(B) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be greater than the threshold amount, no alternative level may be fixed— "(i) at a level which would result in an estimated cost equal to or greater than the threshold amount, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or

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