Page:United States Statutes at Large Volume 121.djvu/2099

 121 STAT. 2078

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07:12 Jan 26, 2009

PUBLIC LAW 110–161—DEC. 26, 2007

(A) INCUMBENT DEFINED.—For purposes of this paragraph, the term ‘‘incumbent’’ means an individual who is serving as a customs and border protection officer on the date of the enactment of this Act. (B) NOTICE REQUIREMENT.—Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election. (C) ELECTION AVAILABLE TO INCUMBENTS.— (i) IN GENERAL.—An incumbent may elect, for all purposes, either— (I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable; or (II) to be treated as if subsections (a) and (b) had never been enacted. Failure to make a timely election under this paragraph shall be treated in the same way as an election made under subclause (I) on the last day allowable under clause (ii). (ii) DEADLINE.—An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1). (4) DEFINITION.—For purposes of this subsection, the term ‘‘customs and border protection officer’’ has the meaning given such term by section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section). (5) EXCLUSION.—Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act— (A) holds a position within U.S. Customs and Border Protection; and (B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position. SEC. 536. In fiscal year 2008, none of the funds made available in this or any other Act may be used to enforce section 4025(1) of Public Law 108–458 unless the Assistant Secretary (Transportation Security Administration) reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security. SEC. 537. None of the funds provided in this Act may be used to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the civil engineering units, facilities, design and construction centers, maintenance and logistics command centers, and the Coast Guard Academy, except as specifically authorized by a statute enacted after the date of the enactment of this Act. SEC. 538. The cumulative amount appropriated in title I of this Act for the ‘‘Office of the Secretary and Executive Management’’ and the ‘‘Office of the Under Secretary for Management’’ shall be reduced by $5,000,000. SEC. 539. (a) Except as provided in subsection (b), none of the funds appropriated in this Act to the Office of the Secretary

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