123STA T . 2 507PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (5) ( A ) TheDir e cto ro f the O ffice of P er s o n ne lMa na g e m ent ma yp rom u lgate regulations pro v i d ing for the administration of this su b section . ‘‘( B ) Any regulations promulgated under subparagraph (A) may — ‘‘(i) provide standards for the maintenance and form of necessary records of employment under this subsection
‘‘(ii) to the e x tent not other w ise expressly prohibited by law , re q uire employing agencies to provide records of such employment to the Office of Personnel Management or other employing agencies as necessary to ensure compli - ance with paragraph ( 3 ); ‘‘(iii) authori z e other administratively convenient periods substantially equivalent to 12 months, such as 2 6 pay periods, to be used in determining compliance with paragraph (3)(B); ‘‘(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection; and ‘‘(v) encourage the training and mentoring of employees by any limited time appointee employed under this sub- section. ‘‘(6)(A) Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 52 0 hours. ‘‘(B) I f the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3). ‘‘( 7 ) The authority of the head of an agency under this sub- section to waive the application of subsection (a) or (b) shall termi- nate 5 years after the date of enactment of the N ational Defense Authorization Act for F iscal Y ear 2010. ’ ’; and (3) in subsection (m) (as so redesignated)— (A) in paragraph (1), by stri k ing ‘‘(k)’’ and inserting ‘‘(l)’’; and (B) in paragraph (2), by striking ‘‘or (k)’’ and inserting ‘‘(k), or (l)’’. (b) F ED E RALEMP L OY EE R E TI REME N T S Y S TEM.—Section 84 68 of title 5, U nited States C ode, is amended— (1) by redesignating subsection (i) as subsection ( j ); (2) by inserting after subsection (h) the following
‘‘(i)(1) For purposes of this subsection— ‘‘(A) the term ‘head of an agency’ means— ‘‘(i) the head of an Executive agency, other than the Department of Defense or the G overnment Accountability Office; ‘‘(ii) the head of the United States Postal Service; ‘‘(iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and ‘‘(iv) any employing authority described under sub- section (h)(2), other than the Government Accountability Office; and Terminat i o n d ate .
