or liability, and no provision of Pub. L. 103-94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set out as an Effective Date; Savings Provision note under section 7321 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 571, 1204, 1212, 1214, 1221, 2301, 2303, 3303, 3352, 4505a, 4703, 5754, 5755, 7116, 7121, 7701 of this title; title 22 sections 3905, 4115; title 31 section 732. § 2303. Prohibited personnel practices in the Federal Bureau of Investigation [See main edition for text of (a) and (b)] (c) The President shall provide for the enforcement of this section in a manner consistent with applicable provisions of sections 1214 and 1221 of this title. (As amended Pub. L. 101-12, § 9(a)(1), Apr. 10, 1989, 103 Stat. 34.) AMENDMENTS 1989-Subsec. (c). Pub. L. 101-12 substituted "applicable provisions of sections 1214 and 1221" for "the provisions of section 1206". EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. § 2304. Responsibility of the General Accounting Office [See main edition for text of (a)] (b) The General Accounting Office shall prepare and submit an annual report to the President and the Congress on the activities of the Merit Systems Protection Board and the Office of Personnel Management. The report shall include a description of— [See main edition for text of (1) and (2)] (As amended Pub. L. 102-378, § 2(6), Oct. 2, 1992, 106 Stat. 1346.) AMENDMENTS 1992-Subsec. (b). Pub. L. 102-378 substituted "The" for "the" at beginning of first sentence. Subpart B-Employment and Retention CHAPTER 31—AUTHORITY FOR EMPLOYMENT SUBCHAPTER I-EMPLOYMENT AUTHORITIES § 3101. General authority to employ CITIZENSHIP REQUIREMENT FOR EMPLOYEES Act Oct. 28, 1993, Pub. L. 103-123, title VI, § 606, 107 Stat. 1259, provided that: "Unless otherwise specified during the current fiscal year no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act [Oct. 28, 1993] who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence, or (5) South Vietnamese, Cambodian, and Laotian refugees paroled in the United States after January 1, 1975, or (6) nationals of the People's Republic of China that qualify for adjustment of status pursuant to the Chinese Student Protection Act of 1992 [Pub. L. 102-404, 8 U.S.C. 1255 note]: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies." Similar provisions were contained in the following prior appropriation acts: Oct. 6, 1992, Pub. L. 102-393, title VI, § 607, 106 Stat. 1766. Oct. 28, 1991, Pub. L. 102-141, title VI, § 607, 105 Stat. 868. Nov. 5, 1990, Pub. L. 101-509, title VI, § 603, 104 Stat. 1471. Nov. 3, 1989, Pub. L. 101-136, title VI, § 603, 103 Stat. 816. Ex. ORD. No. 12839. REDUCTION OF 100,000 FEDERAL POSITIONS Ex. Ord. No. 12839, Feb. 10, 1993, 58 F.R. 8515, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, section 3301 of title 5, United States Code, and section 1111 of title 31, United States Code, it is hereby ordered as follows: SECTION 1. Limits on Hiring Civilian Personnel. Each executive department or agency with over 100 employees shall eliminate not less than 4 percent of its civilian personnel positions (measured on a fulltime equivalent (FTE) basis) over the next 3 fiscal years. The positions shall be vacated through attrition or early out programs established at the discretion of the department and agency heads. At least 10 percent of the reductions shall come from the Senior Executive Service, GS-15 and GS-14 levels or equivalent. SEC. 2. Coverage. This order applies to all executive branch departments and agencies with over 100 employees (measured on a FTE basis). SEC. 3. Target Dates. Each department and agency shall achieve 25 percent of its total reductions by the end of fiscal year 1993, 62.5 percent by the end of fiscal year 1994, and 100 percent by the end of fiscal year 1995. SEC. 4. Implementation. The Director of the Office of Management and Budget shall issue detailed instructions regarding the implementation of this order, including exemptions necessary for the delivery of essential services and compliance with applicable law. SEC. 5. Independent Agencies. All independent regulatory commissions and agencies are requested to comply with the provisions of this order. WILLIAM J. CLINTON. § 3102. Employment of personal assistants for handicapped employees, including blind and deaf employees SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 28 section 604; title 38 section 7281; title 39 section 410. § 3104. Employment of specially qualified scientific and professional personnel (a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes (including procedures under which the prior approval of the Director may be required), by agency action. [See main edition for text of (b) and (c)] (As amended Pub. L. 102-378, § 2(7), Oct. 2, 1992, 106 Stat. 1346.) AMENDMENTS 1992-Subsec. (a). Pub. L. 102-378 struck out "(not to exceed 517)" after "positions" in first sentence and amended second sentence generally, substituting provisions authorizing establishment of positions by Director and by agency action for provisions specifying that only Director may establish positions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3325, 5376, 5377 of this title; title 20 section 3461; title 49 App. section 1655. § 3105. Appointment of administrative law judges HEARING EXAMINERS APPOINTED FOR INDIAN PROBATE WORK Hearing examiners appointed for Indian probate work pursuant to former section 372-1 of Title 25, Indians, having met qualifications required for appointment pursuant to this section, deemed to have been appointed pursuant to this section, see section 12(b) of Pub. L. 101-301, set out as a Savings Provision note under former section 372-1 of Title 25. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 554, 556, 559, 1104, 1204, 1215, 1305, 3132, 3323, 3344, 4301, 5102, 5304, 5372, 7105, 7132, 7521, 7701 of this title; title 7 section 2023; title 15 sections 327, 1715; title 16 section 823b; title 19 section 1641; title 20 section 1234; title 29 sections 214, 661, 792; title 30 sections 804, 823, 932a; title 31 section 3801; title 33 sections 873, 919; title 41 section 607; title 42 sections 2000e-4, 2282a, 3608, 3612, 6303, 8433; title 47 section 410; title 49 sections 10305, 10344, 11346; title 50 App. section 2412. § 3109. Employment of experts and consultants; temporary or intermittent [See main edition for text of (a) to (c)] (d) The Office of Personnel Management shall prescribe regulations necessary for the administration of this section. Such regulations shall include (1) criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this section; (2) criteria for setting the pay of experts and consultants under this section; and (3) provisions to ensure compliance with such regulations. (e) Each agency shall report to the Office of Personnel Management on an annual basis with respect to (1) the number of days each expert or consultant employed by the agency during the period was so employed; and (2) the total amount paid by the agency to each expert and consultant for such work during the period. (As amended Pub. L. 102-378, § 2(8), Oct. 2, 1992, 106 Stat. 1347.) AMENDMENTS 1992-Subsecs. (d), (e). Pub. L. 102-378 added subsecs. (d) and (e). APPROPRIATIONS RELATING TO LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION; PUBLIC DISCLOSURE OF CONSULTING SERVICE THROUGH PROCUREMENT CONTRACT Pub. L. 102-394, title V, § 501, Oct. 6, 1992, 106 Stat. 1825, provided that: "The expenditure of any appropriation under this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-170, title V, § 501, Nov. 26, 1991, 105 Stat. 1140. Pub. L. 101-517, title V, § 501, Nov. 5, 1990, 104 Stat. 2220. Pub. L. 101-166, title V, § 501, Nov. 21, 1989, 103 Stat. 1189. Pub. L. 100-202, § 101(h) [title V, 5011, Dec. 22, 1987, 101 Stat. 1329-256, 1329-287. Pub. L. 99-500, § 101(i) [H.R. 5233, title V, § 5011, Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, § 101(i) [H.R. 5233, title V, § 5011, Oct. 30, 1986, 100 Stat. 3341-287. Pub. L. 99-178, title V, § 501, Dec. 12, 1985, 99 Stat. 1132. Pub. L. 98-619, title V, § 501, Nov. 8, 1984, 98 Stat. 3332. Pub. L. 98-139, title V, § 501, Oct. 31, 1983, 97 Stat. 898. Pub. L. 97-377, title I, § 101(e)(1) [title V, § 501], Dec. 21, 1982, 96 Stat. 1878, 1904. 75-801 O-94-8: QL3 AVAILABILITY OF APPROPRIATIONS FOR SERVICES Pub. L. 102-394, title V, § 503, Oct. 6, 1992, 106 Stat. 1825, provided that: “Appropriations contained in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-170, title V, § 503, Nov. 26, 1991, 105 Stat. 1140. Pub. L. 101-517, title V, § 503, Nov. 5, 1990, 104 Stat. 2221. Pub. L. 101-166, title V, § 503, Nov. 21, 1989, 103 Stat. 1189. Pub. L. 100-202, § 101(h) [title V, § 5031, Dec. 22, 1987, 101 Stat. 1329-256, 1329-287. Pub. L. 99-500, § 101(i) [H.R. 5233, title V, § 503], Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, § 101(1) [H.R. 5233, title V, § 5031, Oct. 30, 1986, 100 Stat. 3341-287. Pub. L. 99-178, title V, § 503, Dec. 12, 1985, 99 Stat. 1132. Pub. L. 98-619, title V, § 503, Nov. 8, 1984, 98 Stat. 3333. Pub. L. 98-139, title V, § 503, Oct. 31, 1983, 97 Stat. 899. Pub. L. 97-377, title I, § 101(e)(1) [title V, § 503], Dec. 21, 1982, 96 Stat. 1878, 1904. APPROPRIATIONS RELATING TO ENERGY AND WATER DE- Pub. L. 102-377, title V, § 504, Oct. 2, 1992, 106 Stat. 1342, provided that: "The expenditure of any appropriation under this Act or subsequent Energy and Water Development Appropriations Acts for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, hereafter shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 595, 5102, 7342, 8474 of this title; title 2 sections 136c, 179h, 1108; title 3 sections 105, 106, 107, 108; title 7 sections 16, 2225a, 5902; title 10 section 129b; title 12 section 2405; title 15 sections 205i, 634d, 636, 1942, 2206, 2218, 2451, 4105, 4805; title 16 sections 410cc-36, 410ww-24, 410yy-8, 460zz-2, 469b, 469j, 470m, 825q-1, 1052, 1406; title 18 sections 3153, 3168, 4204, 4352; title 19 sections 1331, 2171; title 20 sections 959, 1098, 1213c, 1221e-1, 1233d, 1505, 2012, 2106, 2839, 3413, 3462, 3463, 3702, 4355, 4414, 4513, 4710, 5608, 5708; title 21 sections 1305, 1502; title 22 sections 272a, 277d-3, 280b, 280i, 280k, 290b, 290f, 290h-5, 1469, 1474, 1622d, 2024, 2083, 2102, 2103, 2386, 2512, 2581, 2669, 2873, 2905, 3106, 3712, 4308, 4341, 4832; title 25 sections 640d-11, 2707, 3505; title 28 sections 602, 625, 994; title 29 sections 656, 671, 676, 783, 1302, 1774; title 30 section 1807; title 31 sections 332, 731, 1352, 5112; title 36 section 1404; title 38 section 7281; title 40 sections 71a, 822, 873, 1106; title 41 section 422; title 42 sections 242b, 2421, 282, 285a-2, 285b-3, 290aa, 299c-4, 300v-2, 1320b-9, 1962a-4, 1975d, 2286b, 2473, 3211, 3788, 4276, 4343, 5042, 5149, 5612, 5816, 6616, 7171, 7211, 7233, 10163, 10248, 10267, 10412, 11314, 12651; title 43 section 377b; title 44 sections 2105, 2706, 3319, 3520; title 47 section 154; title 49 sections 323, 10384; title 49 App. sections 20, 26b, 1903, 2508; title 50 App. section 2158. SUBCHAPTER II-THE SENIOR EXECUTIVE SERVICE SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 7 section 16; title 38 section 7425. § 3131. The Senior Executive Service SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3151, 3393a of this title; title 10 sections 1590, 1601; title 31 section 733. § 3132. Definitions and exclusions (a) For the purpose of this subchapter (1) "agency" means an Executive agency, except a Government corporation and the General Accounting Office, but does not include (A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10,,1 and, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities; (C) the Federal Election Commission; or (D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Housing Finance Board, the Resolution Trust Corporation, the Farm Credit Administration, the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development, and the National Credit Union Administration; (2) "Senior Executive Service position" means any position in an agency which is classified above GS-15 pursuant to section 5108 or in level IV or V of the Executive Schedule, or an equivalent position, which is not required to be filled by an appointment by the President by and with the advice and consent of the Senate, and in which an employee [See main edition for text of (A) to (E)] but does not include [See main edition for text of (i) and (ii), (3) to (9); (b) to (A] (As amended Pub. L. 101-73, title VII, § 742(c), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101-509, title V, § 529 [title I, § 101(b)(9)(A)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 101-624, title XVIII, § 1841, Nov. 28, 1990, 104 Stat. 3835; Pub. L. 102-496, title IV, § 402(b), Oct. 24, 1992, 106 Stat. 3184; Pub. L. 102-550, title XIII, § 1351(b), Oct. 28, 1992, 106 Stat. 3969.) 1 So in original. AMENDMENTS 1992-Subsec. (a)(1)(B). Pub. L. 102-496 inserted ", Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10," after "National Security Agency". Subsec. (a)(1)(D). Pub. L. 102-550 inserted "the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development," after "Farm Credit Administration,". 1990-Subsec. (a)(1)(D). Pub. L. 101-624 inserted reference to Farm Credit Administration. Subsec. (a)(2). Pub. L. 101-509 substituted "classified above GS-15 pursuant to section 5108" for "in GS-16, 17, or 18 of the General Schedule". 1989-Subsec. (a)(1)(D). Pub. L. 101-73 added subpar. (D). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2101a, 3104, 3133, 3135, 3151, 3372, 3391, 3591, 4311, 4507, 5304, 5347, 5376, 5381, 5724, 7323, 8432 of this title; title 10 sections 1590, 1601, 3014, 5014, 8014; title 20 section 1402; title 22 section 2664a; title 31 section 733; title 38 sections 308, 7281; title 44 section 2103. 8 3151. The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (a) The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the "FBI-DEA Senior Executive Service"). The regulations establishing the FBI-DEA Senior Executive Service shall [See main edition for text of (1) to (4)] (5) provide for [See main edition for text of (A) and (B)] (C) procedures in accordance with which any furlough affecting the FBI-DEA Senior Executive Service shall be carried out; (D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to which a member of the FBI-DEA Senior Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Attorney General); and (E) recertification consistent with section 3393a; [See main edition for text of (6) and (7); (b) to (e)] (As amended Pub. L. 101-194, title V, § 506(b)(1), Nov. 30, 1989, 103 Stat. 1758.) AMENDMENTS 1989-Subsec. (a)(5)(E). Pub. L. 101-194 added subpar. (E). EFFECTIVE DATE of 1989 AMENDMENT Section 506(d) of Pub. L. 101-194 provided that: "The amendments made by this section [enacting section 3393a of this title and amending this section, sections 3393, 3592 to 3594, 7701, 8336, 8339, 8414, and 8421 of this title, section 1601 of Title 10, Armed Forces, section 3945 of Title 22, Foreign Relations and Intercourse, and provisions set out as a note under section 402 of Title 50, War and National Defense] shall take effect on January 1, 1991." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5304, 5376 of this title. § 3152. Limitation on pay Members of the FBI-DEA Senior Executive Service shall be subject to the limitation under section 5307. (As amended Pub. L. 102-378, § 2(9), Oct. 2, 1992, 106 Stat. 1347.) AMENDMENTS 1992-Pub. L. 102-378 amended section generally. Prior to amendment, section read as follows: "Nothing in this subchapter shall be construed to allow the ag gregate amount payable to a member of the FBI-DEA Senior Executive Service under this subchapter during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year. This section shall be applied in a manner consistent with paragraphs (1) and (2) of section 5383(b)." 1993-Pub. L. 103-94, § 8(b), Oct. 6, 1993, 107 Stat. 1007, substituted "Political recommendations" for "Competitive service; recommendations of Senators or Representatives" in item 3303. 1992-Pub. L. 102-484, div. A, title V, § 544(b), div. D, title XLIV, § 4431(b), Oct. 23, 1992, 106 Stat. 2415, 2720, added two items 3329. Pub. L. 102–378, § 2(13)(B), Oct. 2, 1992, 106 Stat. 1347, struck out item 3342 “Federal participants in executive exchange programs”. 1990-Pub. L. 101-509, title V, § 529 [title I, § 101(b)(9)(C)(iii)], Nov. 5, 1990, 104 Stat. 1427, 1441, substituted "Appointments to positions classified above GS-15" for "Appointments at GS-16, 17, and 18" in item 3324. Pub. L. 101-416, § 2(a)(2), Oct. 12, 1990, 104 Stat. 903, added item 3342. 1989-Pub. L. 101-194, title V, § 506(a)(2), Nov. 30, 1989, 103 Stat. 1758, added item 3393a. Pub. L. 101-12, § 5(b), Apr. 10, 1989, 103 Stat. 33, added item 3352. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 31 section 3801; title 42 sections 290aa, 2297b-4. SUBCHAPTER I-EXAMINATION, CERTIFICATION, AND APPOINTMENT SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 10 section 1744; title 16 section 3198; title 38 section 7403. § 3301. Civil service; generally SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-175, § 1, Dec. 2, 1991, 105 Stat. 1222, provided that: "This Act [amending sections 3395, 3396, 5383, and 7701 of this title] may be cited as the 'Senior Executive Service Improvements Act"." TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT "(8) DEFINITIONS.-For the purpose of this section"(1) the term ‘agency' means an Executive agency (as defined by section 105 of title 5, United States Code), excluding the General Accounting Office and the Department of Defense; and "(2) the term 'displaced employee' means any individual who is "(A) an employee of the Department of Defense who has been given specific notice that such employee is to be separated due to a reduction in force; or "(B) a former employee of the Department of Defense who was involuntarily separated therefrom due to a reduction in force. "(b) METHOD OF CONSIDERATION.—In accordance with regulations which the Office of Personnel Management shall prescribe, consistent with otherwise appli cable provisions of law, an agency shall, in filling a vacant position for which a qualified displaced employee has applied in timely fashion, give full consideration to the application of the displaced employee before selecting any candidate from outside the agency for the position. "(c) LIMITATION.-A displaced employee is entitled to consideration in accordance with this section for the 24-month period beginning on the date such employee receives the specific notice referred to in subsection (a)(2)(A), except that, if the employee is separated pursuant to such notice, the right to such consideration shall continue through the end of the 24-month period beginning on the date of separation. "(d) APPLICABILITY.—(1) This section shall apply to any individual who “(A) became a displaced employee within the 12month period ending immediately before the date of the enactment of this Act (Oct. 23, 1992]; or "(B) becomes a displaced employee on or after the date of the enactment of this Act and before October 1, 1997. "(2) In the case of a displaced employee described in paragraph (1)(A), for purposes of computing any period of time under subsection (c), the date of the specific notice described in subsection (a)(2)(A) (or, if the employee was separated as described in subsection (a)(2)(B) before the date of enactment of this Act, the date of separation) shall be deemed to have occurred on such date of enactment. "(3) Nothing in this section shall be considered to apply with respect to any position "(A) which has been filled as of the date of enactment of this Act; or “(B) which has been excepted from the competitive service because of its confidential, policy-determining, policy-making or policy-advocating character." NATIONAL ADVISORY COUNCIL ON THE PUBLIC SERVICE Pub. L. 101-363, Aug. 14, 1990, 104 Stat. 424, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'National Advisory Council on the Public Service Act of 1990'. "SEC. 2. FINDINGS. "The Congress finds that— "(1) recognition of the services rendered by Federal employees (hereinafter in this Act referred to as 'national public service') should be accorded a high and continuing place on the national agenda; "(2) the National Commission on the Public Service, through its good works, has documented the need for greater advocacy on behalf of those performing national public service; "(3) although public service is an honorable profession, members of the public do not always perceive it favorably; "(4) serious obstacles often hinder the Government's efforts to recruit and retain the best and the brightest for national public service; “(5) just as the public has a right to expect Federal employees to adhere to the highest standards of excellence and ethicality, so Federal employees have a right to expect an atmosphere of trust and respect, and a sense of accomplishment from their work; and "(6) an advisory council is needed to provide the President and the Congress with bipartisan, objective assessments of, and recommendations concerning, the Federal workforce. "SEC. 3. ESTABLISHMENT. "There shall be established a council to be known as the National Advisory Council on the Public Service (hereinafter in this Act referred to as the 'Council'). "SEC. 4. FUNCTIONS. "The Council shall |