Page:United States Statutes at Large Volume 104 Part 3.djvu/312

 104 STAT. 1664 PUBLIC LAW 101-510—NOV. 5, 1990 which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. Regulations. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B),". (2) AMENDMENT TO 5 U.S.C. 8344.— Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection: "(i)(l) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. Regulations. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). "(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect.". (3) AMENDMENT TO 5 U.S.C. 8468.— Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(f)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— "(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or "(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a caseby-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. Regulations. "(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). "(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the

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