Page:United States Statutes at Large Volume 112 Part 3.djvu/312

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112 STAT. 2142 PUBLIC LAW 105-261—OCT. 17, 1998 "(4) The pay, allowances, or differentials granted under this section for the period for which an unjustified or unwarranted personnel action was in effect shall not exceed that authorized by the applicable law, rule, regulations, or collective bargaining agreement under which the unjustified or unwarranted personnel action is found, except that in no case may pay, allowances, or differentials be granted under this section for a period beginning more than 6 years before the date of the filing of a timely appeal or, absent such filing, the date of the administrative determination.". (b) CONFORMING AMENDMENT.— Section 7121 of title 5, United States Code, is amended by adding at the end the following new subsection: "(h) Settlements and awards under this chapter shall be subject to the limitations in section 5596(b)(4) of this title.". SEC. 1105. RESTORATION OF ANNUAL LEAVE ACCUMULATED BY CIVILIAN EMPLOYEES AT INSTALLATIONS IN THE REPUB- UC OF PANAMA TO BE CLOSED PURSUANT TO THE PAN- AMA CANAL TREATY OF 1977. Section 6304(d)(3)(A) of title 5, United States Code, is amended by inserting "the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977," after "2687 note) during any period,". SEC. 1106. REPEAL OF PROGRAM PROVIDING PREFERENCE FOR EMPLOYMENT OF MILITARY SPOUSES IN MILITARY CHILD CARE FACILITIES. Section 1792 of title 10, United States Code, is amended— (1) by striking out subsection (d); and (2) by redesignating subsection (e) as subsection (d). SEC. 1107. OBSERVANCE OF CERTAIN HOUDAYS AT DUTY POSTS OUT- SIDE THE UNITED STATES. Section 6103(b) of title 5, United States Code, is amended by inserting after paragraph (2) the following new paragraph: "(3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.". 5 USC 7301 note. SEC. 1108. CONTINUATION OF RANDOM DRUG TESTING PROGRAM FOR CERTAIN DEPARTMENT OF DEFENSE EMPLOYEES. (a) CONTINUATION OF EXISTING PROGRAM. —The Secretary of Defense shall continue to actively carry out the drug testing program, originally required by section 3(a) of Executive Order No. 12564 (51 Fed. Reg. 32889; September 15, 1986), involving civilian employees of the Department of Defense who are considered to be employees in sensitive positions. The Secretary shall comply with the drug testing procedures prescribed pursuant to section 4 of the Executive order. (b) TESTING UPON REASONABLE SUSPICION OF ILLEGAL DRUG USE. — The Secretary of Defense shall ensure that the drug testing program referred to in subsection (a) authorizes the testing of a civilian employee of the Department of Defense for illegal drug