Page:United States Statutes at Large Volume 104 Part 2.djvu/743

 PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-335 publish guidance under subsection (p)(l)(A)(ii) of section 552a of title 5, United States Code, as amended by this Act. 5 USC 552a note. (c) LIMITATION ON APPLICATION OF VERIFICATION REQUIREMENT. — Section 552a(p)(l)(A)(iiXn) of title 5, United States Code, as amended by section 2, shall not apply to a program referred to in paragraph (1), (2), or (4) of section 1187(b) of the Social Security Act (42 U.S.C. 1320b-7), until the earlier of— (1) the date on which the Data Integrity Board of the Federal agency which administers that program determines that there is not a high degree of confidence that information provided by that agency under Federal matching programs is accurate; or (2) 30 days after the date of publication of guidance under section 2(b). SEC. 7202. PORTABILITY OF BENEFITS FOR EMPLOYEES CONVERTING TO Portability of THE CIVIL SERVICE SYSTEM. Benefits for Nonappropriated (a) SHORT TITLE.—T h is section may be cited as the "Portability of Fund Employees Benefits for Nonappropriated Fund Employees Act of 1990". Act of 1990. (b) DEFINITIONAL AMENDMENT.— Section 2105(c) of title 5, United ^ ^^ ^^"^ ''°^- States Code, is amended— (1) by amending paragraph (1) to read as follows: "(1) laws administered by the OfRce of Personnel Maneigement, except— "(A) section 7204; "(B) as otherwise specifically provided in this title; "(C) the Fair Labor Standards Act of 1938; or "(D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or"; and (2) in paragraph (2), by striking "chapter 84" and inserting "chapter 84 (except to the extent specifically provided therein)'. (c) AMENDMENT RELATING TO ORDER OF RETENTION.—Section 3502(a)(C) of title 5, United States Code, is amended to read as follows: "(C) is entitled to credit for— "(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and "(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after Jguiuary 1, 1987, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).". (d) AMENDMENT RELATING TO PAY ON A CHANGE OF POSITION. — Section 5334 of title 5, United States Code, is amended by adding at the end the following: "(g) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such

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