118 STAT. 473 PUBLIC LAW 108–201—FEB. 24, 2004 ‘‘(iv) employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or ‘‘(v) employment under a temporary appointment that is neither full time nor the principal employment of the individual; ‘‘(2) the term ‘period of qualified non Federal service’ means any period of service performed by an individual that— ‘‘(A) was performed in a position the duties of which were directly related to the duties of the position in the Administration which that individual will fill as a newly appointed employee; and ‘‘(B) except for this section, would not otherwise be service performed by an employee for purposes of section 6303; and ‘‘(3) the term ‘directly related to the duties of the position’ means duties and responsibilities in the same line of work which require similar qualifications. ‘‘(b)(1) For purposes of section 6303, the Administrator may deem a period of qualified non Federal service performed by a newly appointed employee to be a period of service of equal length performed as an employee. ‘‘(2) A decision under paragraph (1) to treat a period of qualified non Federal service as if it were service performed as an employee shall continue to apply so long as that individual serves in or under the Administration. ‘‘(c)(1) Notwithstanding section 6303(a), the annual leave accrual rate for an employee of the Administration in a position paid under section 5376 or 5383, or for an employee in an equivalent category whose rate of basic pay is greater than the rate payable at GS–15, step 10, shall be 1 day for each full biweekly pay period. ‘‘(2) The accrual rate established under this subsection shall continue to apply to the employee so long as such employee serves in or under the Administration. ‘‘§ 9813. Limited appointments to Senior Executive Service positions ‘‘(a) In this section— ‘‘(1) the term ‘career reserved position’ means a position in the Administration designated under section 3132(b) which may be filled only by— ‘‘(A) a career appointee; or ‘‘(B) a limited emergency appointee or a limited term appointee— ‘‘(i) who, immediately before entering the career reserved position, was serving under a career or career conditional appointment outside the Senior Executive Service; or ‘‘(ii) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management; ‘‘(2) the term ‘limited emergency appointee’ has the meaning given under section 3132; and ‘‘(3) the term ‘limited term appointee’ means an individual appointed to a Senior Executive Service position in the Adminis tration to meet a bona fide temporary need, as determined by the Administrator.
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