Page:United States Statutes at Large Volume 104 Part 3.djvu/93

 PUBLIC LAW 101-509—NOV. 5, 1990 104 STAT. 1445 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. "(e) The authority to fix the rate of basic pay under this section for a position shall terminate— \ "(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such 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 such 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 of Management and Budget 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 of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or msiking any decision to grant or terminate any authority under this section. "(h) The Office of Management and Budget shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmentgd 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 on 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.", (b) TABLE OF SECTIONS. —The table of sections for chapter 53 of title 5, United States (Uode, as amended by section 102, is further amended by adding at the end the following new item: "5377. Pay authority for critical positions.". SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS BOARD MEMBERS. (a) PAY PROVISIONS. —(1) Section 5372 of title 5, United States Code, is amended to read as follows: "§ 5372. Administrative law judges "(a) For the purposes of this section, the term 'administrative law judge' means an administrative law judge appointed under section 3105. "(b)(1) There shall be 3 levels of basic pay for administrative law judges (designated as AL-1, 2, and 3, respectively), and each such ju^e shall be paid at 1 of those levels, in accordance with the

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