Page:United States Statutes at Large Volume 105 Part 2.djvu/270

 105 STAT. 1222 PUBLIC LAW 102-175—DEC. 2, 1991 Public Law 102-175 102d Congress An Act Dec. 2, 1991 [H.R. 2270] Senior Executive Service Improvements Act 5 Uisc 3301 note. Amending certain provisions of title 5, United States Code, relating to the Senior Executive Service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Senior Executive Service Improvements Act". SEC. 2. PROTECTION AGAINST PAY REDUCTION UPON ENTERING THE SES. Section 5383 of title 5, United States Code, is amended by adding at the end the following new subsection: "(e)(1) This subsection applies to— "(A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and "(B) any individual who— "(i) holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and "(ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service. "(2)(A) The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (I)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed. "(B) The initial rate of pay for a career appointee following the position's conversion (as described in paragraph (I)(B)) may not be less than the rate of basic pav last payable to that individual immediately before such position s conversion.". SEC. 3. LIMITATION ON AUTHORITY TO REASSIGN. Section 3395(e) of title 5, United States Code, is amended— (1) by amending clause (ii) of paragraph (1)(B) to read as follows: "(ii) has the authority to make an initial appraisal of the career appointee's performance under subchapter II of chapter 43."; and (2) by adding at the end of the following new paragraph: "(3) For the purpose of applying paragraph (1) to a career appointee, any days (not to exceed a total of 60) during which such career appointee is serving pursuant to a detail or other temporary assignment apart from such appointee's regular position shall not be counted in determining the number of days that have elapsed since an appointment referred to in subparagraph (A) or (B) of such paragraph.". 59-139 O - 91 (175)

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