Page:United States Statutes at Large Volume 106 Part 2.djvu/471

 PUBLIC LAW 102-378—OCT. 2, 1992 106 STAT. 1351 "(2) At the request of an agency head, the President may designate 1 or more categories of positions within such agency to be treated, for purposes of this section, as positions within the meaning of subsection (a)(2).''; (35) in section 538i3 by amending subsection (b) to read as follows: "(b) Members of the Senior Executive Service shall be subject to the limitation under section 5307."; (36) in subchapter IX of chapter 53 by striking the matter after the subchapter heading and before the heading for section 5391; (37) in section 5401(1) by striking "(a)" and inserting "(A)", and by striking "(b)" and inserting "(B)"; (38) in section 5403(d) by striking "section 5305" and inserting "section 5303"; (39) in section 5519 by striking "section 6323(c) or (d) of this title" and inserting "section 6323(b) or icT; (40) in section 5541— (A) in paragraph (1) by striking "and" at the end; (B) in paragraph (2) by striking the period at the end and inserting "; and"; and (C) by adding at the end the following: "(3) law enforcement officer* means an employee who— "(A) is a law enforcement officer within the meaning of section 8331(20) or 8401(17); "(B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not quaUfy to be considered a law enforcement officer within the meaning of section 8331(20), would so qualify if such employee had transferred directly to such position after serving as a law enforcement officer within the meaning of such section; "(C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a law enforcement officer within the meaning of section 8401(17), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(17)(A) and (B) for at least 3 years; and '\D) in the case of an employee who is not subject to subchapter III of diapter 83 or chapter 84— "(i) holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to Bvbdiapter III of chapter 83 or chapter 84; or "(ii) is a special agent in the Diplomatic Security Service. "; (D) SENSE OF THE CONGRESS RELATING TO LAW 5 USC 554I note. ENFORCEMENT OFFICER PROVISIONS.—I t is the sense of the Congress that— (i) the provisions of section 5541(3) of title 5, United States Code (as added by section 2(40XC) of this Act)— (I) are enacted only for the purposes of pay and not for the purposes of retirement;

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