Page:United States Statutes at Large Volume 104 Part 1.djvu/359

 PUBLIC LAW 101-335 —JULY 17, 1990 104 STAT. 325 SEC. 7. ELECTION TO REMAIN SUBJECT TO CERTAIN PROVISIONS RELAT- ING TO CAREER APPOINTEES. (a) IN GENERAL.— Section 3392(c) of title 5, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by redesignating subsection (c) as subsection (c)(D; and (3) by adding at the end the following: "(2) An election under paragraph (1) may also be made by any career appointee who is appointed to a civilian position in the executive branch— "(A) which is not in the Senior Executive Service; and "(B) which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to 1 of the levels of the Executive Schedule. An election under this paragraph shall remain effective so long as the appointee continues to serve in the same position." (b) EFFECTIVE DATE; ELECTION BY PERSONS PREVIOUSLY AP- 5 USC 3392 note. POINTED.— (1) EFFECTIVE DATE.— The Eimendments made by this section shall take effect on the date of enactment of this Act. (2) ELECTION BY PERSONS PREVIOUSLY APPOINTED. —The Office Regulations, of Personnel Management shall prescribe regulations (including procedures and deadlines) under which an election under section 3392(c)(2) of title 5, United States Code (as amended by this section) may be made by any individual who— (A) on the date of enactment of this Act, is serving in a civilian position in the executive branch which— (i) is not in the Senior Executive Service; and (ii) satisfies section 3392(c)(2)(B) of such title 5 (as so amended); (B) was appointed to that position on or after November 1, 1986, and has served continuously in such position since then; (C) was a career appointee (within the meaning of section 3132(a)(4) of such title 5) immediately before having been so appointed; and (D) was not, based on such individual's appointment to the position described in subparagraph (A), eligible to make an election under section 3392(c) of such title 5 (as then in effect). An election under this paragraph shall be effective as of the date of appointment to the position described in subparagraph (A). SEC. 8. REPEAL. Subsection (c) of section 133 of Public Law 100-238 (5 U.S.C. 8477 note) is repealed.

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