Page:United States Statutes at Large Volume 104 Part 3.djvu/309

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PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1661 "(1) separates from such agency; or "(2) does not maintain an acceptable level of performance, as determined under standards and procedures which the agency head shall by regulation prescribe. "(e) In selecting employees to receive benefits under this section, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of this title, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service. "(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. "(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.". (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following: "5379. Student loan repayment.". (c) RELOCATION EXPENSES. —Section 5724a(a)(2) of title 5, United States Code, is amended by striking out "continental" in the second sentence. (d) EXPENSES RELATED TO DEATH OF EMPLOYEES IN SPECIFIED CIRCUMSTANCES. —Section 5742 of title 5, United States Code, is amended— (1) in subsection (b), by inserting "continental" after "outside the" each place it appears in paragraphs (1) and (2); and (2) by adding at the end the following new subsection: "(e) Employees covered by this section include an employee who has been reassigned away from the employee's home of record pursuant to a mandatory mobility agreement executed as a condition of employment.". (e) OPTIONAL EXCLUSION OF PERFORMANCE RATINGS FOR CERTAIN TEMPORARY EMPLOYEES. — Section 4301(2) of title 5, United States Code, is amended— (1) by striking out "or" at the end of subparagraph (F); (2) by striking out "and" at the end of subparagraph (G) and inserting in lieu thereof "or"; and (3) by inserting after subparagraph (G) the following new subparagraph: "(H) an individual who (i) is serving in a position under a temporary appointment for less than one year, (ii) agrees to serve without a performance evaluation, and (iii) will not be considered for a reappointment or for an increase in pay based in whole or in part on performance; and ". (f) SUSPENSION OF RESTRICTIONS ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE. — Section 3326 of title 5, United States Code, shall not be in effect for the period beginning on the date of the enactment of this Act and ending two years after such date. Equal employment opportunity. Regulations. 5 USC 3326 note.