Pub. L. 100-440, tit. V, sec. 524

Sec. 524. (a) Notwithstanding any other provision of law, during fiscal year 1989, the authority to establish higher rates of pay under section 5303 of title 5, United States Code, may— (1) in addition to positions paid under any of the pay systems referred to in subsection (a) of section 5303 of title 5, United States Code, be exercised with respect to positions paid under any other pay system established by or under Federal statute for positions within the executive branch of the Government; and (2) in addition to the circumstance described in the first sentence of subsection (a) of section 5303 of title 5, United States Code, be exercised based on— (A) pay rates for the positions involved being generally less than the rates payable for similar positions held— (i) by individuals outside the Government; or (ii) by other individuals within the executive branch of the Government; (B) the remoteness of the area or location involved; (C) the undesirability of the working conditions or the nature of the work involved, including exposure to toxic substances or other occupational hazards; or (D) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of section 5303(a) of title 5, United States Code, for purposes of this subparagraph) may identify. 102 STAT. 1750 Nothing in paragraph (2) shall be considered to permit the exercise of any authority based on any of the circumstances under such paragraph without an appropriate finding that such circumstances are significantly handicapping the Government’s recruitment or retention efforts. (b) (1) A rate of pay established during fiscal year 1989 through the exercise of any additional authority under subsection (a) of section 5303 of title 5, United States Code— (A) shall be subject to revision or adjustment, (B) shall be subject to reduction or termination (including pay retention), and (C) shall otherwise be treated, in the manner as generally applies with respect to any rate other-wise established under section 5303 of title 5, United States Code. (2) The President (or an agency duly authorized or designated by the President in accordance with the last sentence of section 5303(a) of title 5, United States Code, for purposes of this subsection) may prescribe any regulations necessary to carry out this subsection. (c) Any additional authority under this section may, during fiscal year 1989, be exercised only to the extent that amounts otherwise appropriated under this Act for purposes of section 5303 of title 5, United States Code, are available.