118 STAT. 2312 PUBLIC LAW 108–411—OCT. 30, 2004 (2) CLERICAL AMENDMENT.—The table of sections for chapter 41 of title 5, United States Code, is amended by adding at the end the following: ‘‘4121. Specific training programs.’’. SEC. 202. ANNUAL LEAVE ENHANCEMENTS. (a) CREDITABILITY OF PRIOR NONGOVERNMENTAL SERVICE FOR PURPOSES OF DETERMINING RATE OF LEAVE ACCRUAL.— (1) IN GENERAL.—Section 6303 of title 5, United States Code, is amended by adding at the end the following: ‘‘(e)(1) Not later than 180 days after the date of the enactment of this subsection, the Office of Personnel Management shall pre scribe regulations under which, for purposes of determining years of service under subsection (a), credit shall, in the case of a newly appointed employee, be given for any prior service of such employee that would not otherwise be creditable for such purposes, if— ‘‘(A) such service— ‘‘(i) was performed in a position the duties of which directly relate to the duties of the position to which such employee is so appointed; and ‘‘(ii) meets such other requirements as the Office may prescribe; and ‘‘(B) in the judgment of the head of the appointing agency, the application of this subsection is necessary in order to achieve an important agency mission or performance goal. ‘‘(2) Service described in paragraph (1)— ‘‘(A) shall be creditable, for the purposes described in para graph (1), as of the effective date of the employee’s appointment; and ‘‘(B) shall not thereafter cease to be so creditable, unless the employee fails to complete a full year of continuous service with the agency. ‘‘(3) An employee shall not be eligible for the application of paragraph (1) on the basis of any appointment if, within 90 days before the effective date of such appointment, such employee has held any position in the civil service.’’. (2) CONFORMING AMENDMENT.—The second sentence of sec tion 6303(a) of title 5, United States Code, is amended by striking the period and inserting ‘‘, and for all service which is creditable by virtue of subsection (e).’’. (b) OTHER ANNUAL LEAVE ENHANCEMENTS.—Section 6303 of title 5, United States Code, is amended by adding after subsection (e) (as added by subsection (a)) the following: ‘‘(f) Notwithstanding any other provision of this section, the rate of accrual of annual leave under subsection (a) shall be 1 day for each full biweekly pay period in the case of any employee who holds a position which is subject to— ‘‘(1) section 5376 or 5383; or ‘‘(2) a pay system equivalent to either of the foregoing, as determined by the Office of Personnel Management.’’. (c) APPLICABILITY.—None of the amendments made by sub section (a) shall apply in the case of any employee holding a position pursuant to an appointment made before the effective date of the regulations implementing such amendments. 5 USC 6303 note. Deadline. Regulations.
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