Page:United States Statutes at Large Volume 116 Part 3.djvu/705

 PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2297 (2) in chapter 35— (A) in section 3592(a)— (i) in paragraph (1), by inserting "or" at the end; (ii) in paragraph (2), by striking "or" at the end; (iii) by striking paragraph (3); and (iv) by striking the last sentence; (B) in section 3593(a), by striking paragraph (2) and inserting the following: "(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance as determined under subchapter II of chapter 43."; and (C) in section 3594(b)— (i) in paragraph (1), by inserting "or" at the end; (ii) in paragraph (2), by striking "or" at the end; and (iii) by striking paragraph (3); (3) in section 7701(c)(1)(A), by striking "or removal from the Senior Executive Service for failure to be recertified under section 3393a"; (4) in chapter 83— (A) in section 8336(h)(1), by striking "for failure to be recertified as a senior executive under section 3393a or"; and (B) in section 8339(h), in the first sentence, by striking ", except that such reduction shall not apply in the case of an employee retiring under section 8336(h) for failure to be recertified as a senior executive"; and (5) in chapter 84— (A) in section 8414(a)(1), by striking "for failure to be recertified as a senior executive under section 3393a or"; and (B) in section 8421(a)(2), by striking ", except that an individual entitled to an annuity under section 8414(a) for failure to be recertified as a senior executive shall be entitled to an annuity supplement without regard to such applicable retirement age". (b) SAVINGS PROVISION. —Notwithstanding the amendments 5 USC 3592 note. made by subsection (a)(2)(A), an appeal under the final sentence of section 3592(a) of title 5, United States Code, that is pending on the day before the effective date of this section— (1) shall not abate by reason of the enactment of the amendments made by subsection (a)(2)(A); and (2) shall continue as if such amendments had not been enacted. (c) APPLICATION.— The amendment made by subsection (a)(2)(B) 5 USC 3593 note. shall not apply with respect to an individual who, before the effective date of this section, leaves the Senior Executive Service for failure to be recertified as a senior executive under section 3393a of title 5, United States Code. SEC. 1322. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL COM- PENSATION. (a) IN GENERAL.—Section 5307 of title 5, United States Code, is amended by adding at the end the following: "(d)(1) Notwithstanding any other provision of this section. Applicability. subsection (a)(1) shall be applied by substituting 'the total annual 99-194O-03 -23:QL3Part3

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