Page:United States Statutes at Large Volume 104 Part 3.djvu/311

. PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1663 "(e) The authority to fix the rate of basic pay under this section for a position shall terminate— "(1) whenever the Office determines (in accordance with such procedures and subject to such terms or conditions as the Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or "(2) as of such date as the Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. "(f) The Office may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. "(g) The Office shall consult with the Office of Management and Budget before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. "(h) The Office of Personnel Management shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include— "(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and "(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate or rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.". (2) TABLE OP SECTIONS. —The table of sections for chapter 53 of title 5, United States (Dode, is amended by adding at the end the following new item: "5380. Pay authority for critical positions.". (3) TERMINATION. —(A) Unless section 5380 of title 5, United 5 USC 5380 note. States Code, as added by paragraph (1), does not take effect as provided in subparagraph (B), such section shall cease to be in effect on the earlier of October 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990. (B) Section 5380 of title 5, United States C!ode, as added by paragraph (1), shall not take effect if the Federal Employees Pay Comparability Act of 1990 is enacted before the date of the enactment of this Act. (j) REEMPLOYMENT OF RETIREES. — (1) AMENDMENT TO 5 U.S.C. 5532.—Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: "(g)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— "(A) waive the application of the preceding provisions of this section on a Case-by-case basis for employees in positions for

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