Page:United States Statutes at Large Volume 110 Part 3.djvu/1008

 110 STAT. 2738 PUBLIC LAW 104-201—SEPT. 23, 1996 Regulations. Termination date. and necessary for the performance of school board duties by the member.". SEC. 1609. MODIFICATION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE TO PARTICIPATE VOLUN- TARILY IN REDUCTIONS IN FORCE. Subsection (f) of section 3502 of title 5, United States Code, is amended to read as follows: "(f)(1) The Secretary of Defense or the Secretary of a military department may— "(A) separate from service any employee who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and "(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force. "(2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force. "(3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned. "(4) The regulations prescribed under this section shall incorporate the authority provided in this subsection. "(5) No authority under paragraph (1) may be exercised after September 30, 2001.". SEC. 1610. WAGE-BOARD COMPENSATORY TIME OFF. (a) IN GENERAL.—Section 5543 of title 5, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): "(b) The head of an agency may, on request of an employee, grant the employee compensatory time off from the employee's scheduled tour of duty instead of payment under section 5544 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work. An agency head may not require an employee to be compensated for overtime work with an equivalent amount of compensatory time-off from the employee's tour of duty.". (b) CONFORMING AMENDMENT. — Section 5544(c) of title 5, United States Code, is amended by inserting "and the provisions of section 5543(b)" after "the last two sentences of subsection (a)". SEC. 1611. UQUIDATION OF RESTORED ANNUAL LEAVE THAT REMAINS UNUSED UPON TRANSFER OF EMPLOYEE FROM INSTALLATION BEING CLOSED OR REALIGNED. (a) LUMP-SUM PAYMENT REQUIRED.—Section 5551 of title 5, United States Code, is amended by adding at the end the following: "(c)(1) Annual leave that is restored to an employee of the Department of Defense under section 6304(d) of this title by reason of the operation of paragraph (3) of such section and remains unused upon the transfer of the employee to a position described

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