Page:United States Statutes at Large Volume 106 Part 2.djvu/479

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PUBLIC LAW 102-378—OCT. 2, 1992 106 STAT. 1359 (b) APPLICABILITY. —(1) The amendments made by subsection 5 USC 75ii note, (a) shall apply with respect to any personnel action taking effect on or after the date of enactment of this Act. (2) In the case of an employee or former employee of the Veterans Health Administration (or predecessor agency in name)— (A) against whom an adverse personnel action was taken before the date of enactment of this Act, (B) who, as a result of the enactment of the Civil Service Due Process Amendments (5 U.S.C. 7501 note), became ineligible to appeal such action to the Merit Systems Protection Board, (C) as to whom that appeal right is restored as a result of the enactment of subsection (a), or would have been restored but for the passage of time, and (D) wno is not precluded, by section 7121(e)(l) of title 5, United States Code, from appealing to the Merit Systems Fi:t)tection Board, the deadline for bringing an appeal under section 7513(d) or section 4303(e) of such title wiu respect to such action shall be the latter of— (i) the 60th day after the date of enactment of this Act; or (ii) the deadline which would otherwise apply if this paragraph had not been enacted. SEC. 7. RETROACTIVE PERFOBMANCE AWARDS. (a) IN GENERAL.— Section 7(b) of the Thrift Savings Plan Technical Amendments Act of 1990 (5 U.S.C. 3392 note; Public Law 101-335) is amended by adding at the end thereof the following new paragraph: "(3) RETROACTIVE PERFORMANCE AWARDS. —If an individual elects under paragraph (2) to continue to be subject to performance awards, the nead of the agency in which such individvial is serving shall determine whether to grant retroactive performance awards for any fiscal years prior to fiscal year 1991 to such individual, and the amount oi any such awards, without regard to the provisions of subsection (b) of section 5383 of title 5, United States Code, and subsections (b) and (c) of section 5384 of such title. Before granting an award, the head of the agency shall make a written determination tiiat the individual's performance during the fiscal year for which the award is given was at least fully successful, and shall consider the recommendation of the agency's performance review board with respect to the award. No such award for performance during any fiscal year may be less than 5 percent nor more than 15 percent of the individual's rate of basic pay as of the end of suchfiscalyear.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 5 USC 3392 note. shall be effective as if enacted as a part of section 7 of the Thrift Savings Plan Technical Amendments Act of 1990. SEC. 8. MISCELLANEOUS PROVISIONS. (a) ELIMINATION OF DUPUCATIVE AMENDMENTS MADE BY THE DEFENSE ACQUISITION WORKFORCE IMPROVEMENT ACT. — Subsections (i) and (j) of section 1206 of the Defense Acquisition Workforce Improvement Act, as contained in the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101--510; 104