Page:United States Statutes at Large Volume 104 Part 3.djvu/91

 PUBLIC LAW 101-509 —NOV. 5, 1990 104 STAT. 1443 (e) SENSE OF CONGRESS. — It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year. SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER POSITIONS. (a) IN GENERAL. —(1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after section 5375 the following new section: "§ 5376. Pay for certain senior-level positions "(a) This section applies to— "(1) positions that are classified above GS-15 pursuant to section 5108; and "(2) scientific or professional positions established under section 3104; but does not apply to— "(A) any Senior Executive Service position under section 3132; or "(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. "OJXD Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— "(A) not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and "(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. "(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.". (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following new item: "5376. Pay for certain senior-level positions.". (b) AMENDMENTS TO CHAPTER 51 OF TITLE 5, UNITED STATES CODE.— (1) Section 5104 of title 5, United States Code, is amended— (A) in the second sentence, by striking "18"; and (B) by striking paragraphs (16) through (18). (2) Section 5108 of title 5, United States Code, is amended to read as follows: "§ 5108. Classincation of positions above GS-15 "(a) The Office of Personnel Management may, for any Executive agency—

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