; and (2) the permanent duty station for not less than 90 percent of the positions as an officer or employee of the covered agency for which the permanent duty station is located in the Washington metropolitan area, without regard to whether the position is vacant. (b) Penalties If, on the date that is 10 years after the date on which a location is selected under section 5, the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency have not been relocated as required under subsection (a) of this section— (1) for the fiscal year immediately following the fiscal year in which such failure first occurs, and for each fiscal year thereafter in which any such failure continues, the head of the covered agency shall be authorized to use funds made available to the covered agency for the relevant fiscal year in an amount equal to not more than 85 percent of the funds made available to the covered agency for the fiscal year in which the failure first occurs, notwithstanding any other provision of law authorizing the head of the covered agency to use those funds in an amount greater than that percent; and (2) the head of the covered agency may not receive— (A) pay during the period— (i) beginning on the date on which the failure first occurs; and (ii) ending on the date on which the head of the covered agency relocates the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency as required under subsection (a)