PUBLIC LAW 101-509 —NOV. 5, 1990 104 STAT. 1435 "(h)(l) For the purpose of this subsection, the term 'position' means— "(A) a position to which section 5376 applies (relating to certain senior-level positions); "(B) a Senior Executive Service position under section 3132; "(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; "(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); "(E) a position to which section 5372a applies (relating to contract appeals board members); and "(F) a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule; but does not include— "(i) a position to which subchapter IV applies (relating to prevailing rate systems); or "(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions). "(2)(A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments. "(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover— "(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and "(ii) with respect to positions under paragraph (IXF), such positions as may be considered appropriate (excluding any under clause (i) or (ii) of paragraph (1)). "(3) Comparability payments under this subsection— "(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; "(B) shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President; "(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and "(D) shall be subject to the applicable limitation under subsection (g). "(i) The Office of Personnel Mangigement may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees.
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