[House Prints, 107th Congress]
[From the U.S. Government Publishing Office]


107th Congress 
 1st Session                COMMITTEE PRINT                            
                                                                       
_______________________________________________________________________


 
                      TITLE 5, UNITED STATES CODE

                        Government Organization

                             and Employees

                               __________

                            prepared by the

                     COMMITTEE ON GOVERNMENT REFORM

                        HOUSE OF REPRESENTATIVES

[GRAPHIC] [TIFF OMITTED] TONGSEAL.004


                                MAY 2001

                       Printed for the use of the
                     Committee on Government Reform

  Available via the World Wide Web: http://www.gpo.gov/congress/house
                      http://www.house.gov/reform
                               ---------

                   U.S. GOVERNMENT PRINTING OFFICE
70-524                     WASHINGTON : 2001


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                     COMMITTEE ON GOVERNMENT REFORM

                     DAN BURTON, Indiana, Chairman
BENJAMIN A. GILMAN, New York         HENRY A. WAXMAN, California
CONSTANCE A. MORELLA, Maryland       TOM LANTOS, California
CHRISTOPHER SHAYS, Connecticut       MAJOR R. OWENS, New York
ILEANA ROS-LEHTINEN, Florida         EDOLPHUS TOWNS, New York
JOHN M. McHUGH, New York             PAUL E. KANJORSKI, Pennsylvania
STEPHEN HORN, California             PATSY T. MINK, Hawaii
JOHN L. MICA, Florida                CAROLYN B. MALONEY, New York
THOMAS M. DAVIS, Virginia            ELEANOR HOLMES NORTON, Washington, 
MARK E. SOUDER, Indiana                  DC
JOE SCARBOROUGH, Florida             ELIJAH E. CUMMINGS, Maryland
STEVEN C. LaTOURETTE, Ohio           DENNIS J. KUCINICH, Ohio
BOB BARR, Georgia                    ROD R. BLAGOJEVICH, Illinois
DAN MILLER, Florida                  DANNY K. DAVIS, Illinois
DOUG OSE, California                 JOHN F. TIERNEY, Massachusetts
RON LEWIS, Kentucky                  JIM TURNER, Texas
JO ANN DAVIS, Virginia               THOMAS H. ALLEN, Maine
TODD RUSSELL PLATTS, Pennsylvania    JANICE D. SCHAKOWSKY, Illinois
DAVE WELDON, Florida                 WM. LACY CLAY, Missouri
CHRIS CANNON, Utah                   (VACANCY)
ADAM H. PUTNAM, Florida              (VACANCY)
C.L. ``BUTCH'' OTTER, Idaho                      ------
EDWARD L. SCHROCK, Virginia          BERNARD SANDERS, Vermont 
(VACANCY)                                (Independent)


                      Kevin Binger, Staff Director
                 Daniel R. Moll, Deputy Staff Director
           David A. Kass, Deputy Counsel and Parliamentarian
                     Robert A. Briggs, Chief Clerk
                 Phil Schiliro, Minority Staff Director
                                 ------                                

                   Subcommittee on the Civil Service

                   JOE SCARBOROUGH, Florida, Chairman
ASA HUTCHINSON, Arkansas             ELIJAH E. CUMMINGS, Maryland
CONSTANCE A. MORELLA, Maryland       ELEANOR HOLMES NORTON, Washington, 
JOHN L. MICA, Florida                    DC
DAN MILLER, Florida                  THOMAS H. ALLEN, Maine

                               Ex Officio

DAN BURTON, Indiana                  HENRY A. WAXMAN, California
                      Garry Ewing, Staff Director
               Jennifer Hemingway, Deputy Staff Director
                        Miguel Serrano, Counsel
                          Scott Sadler, Clerk
            Tania Shand, Minority Professional Staff Member


                                  NOTE

      This compilation of title 5, United States Code, relating 
to government organization and employees, includes amendments 
made to that title through Public Law 106-580 (December 31, 
2000).

      For changes to any provision of title 5, United States 
Code, after the closing date of this publication (December 31, 
2000), see the United States Code Classification Tables 
published by the Office of the Law Revision Counsel of the 
House of Representatives at http://uscode.house.gov/uscct.htm.


                                 (iii)


                          TABLE OF CONTENTS *

                              -----------                             


                     PART I--THE AGENCIES GENERALLY

                         Chapter 1--Organization

Sec.
101.  Executive departments.
---------------------------------------------------------------------------
    * Included for the convenience of the reader. It is not part of 
title 5, United States Code.
---------------------------------------------------------------------------
102.  Military departments.
103.  Government corporation.
104.  Independent establishment.
105.  Executive agency.

                            Chapter 3--Powers

301.  Departmental regulations.
302.  Delegation of authority.
303.  Oaths to witnesses.
304.  Subpenas.
305.  Systematic agency review of operations.
306.  Strategic plans.

                   Chapter 5--Administrative Procedure

                     SUBCHAPTER I--GENERAL PROVISIONS

500.  Administrative practice; general provisions.
501.  Advertising practice; restrictions.
502.  Administrative practice; Reserves and National Guardsmen.
503.  Witness fees and allowances.
504.  Costs and fees of parties.

                  SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

551.  Definitions.
552.  Public information; agency rules, opinions, orders, records, and 
          proceedings.
552a. Records maintained on individuals.
552b. Open meetings.
553.  Rule making.
554.  Adjudications.
555.  Ancillary matters.
556.  Hearings; presiding employees; powers and duties; burden of proof; 
          evidence; record as basis of decision.
557.  Initial decisions; conclusiveness; review by agency; submissions 
          by parties; contents of decisions; record.
558.  Imposition of sanctions; determination of applications for 
          licenses; suspension, revocation, and expiration of licenses.
559.  Effect on other laws; effect of subsequent statute.

              SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE

561.  Purpose.
562.  Definitions.
563.  Determination of need for negotiated rulemaking committee.
564.  Publication of notice; applications for membership on committees.
565.  Establishment of committee.
566.  Conduct of committee activity.
567.  Termination of committee.
568.  Services, facilities, and payment of committee member expenses.
569.  Encouraging negotiated rulemaking.
570.  Judicial review.
570a.  Authorization of appropriations.

      SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                         ADMINISTRATIVE PROCESS

571.  Definitions.
572.  General authority.
573.  Neutrals.
574.  Confidentiality.
575.  Authorization of arbitration.
576.  Enforcement of arbitration agreements.
577.  Arbitrators.
578.  Authority of the arbitrator.
579.  Arbitration proceedings.
580.  Arbitration awards.
581.  Judicial review.
582.  [Repealed.]
583.  Support services.
584.  Authorization of appropriations.

       SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

591.  Purpose.
592.  Definitions.
593.  Administrative Conference of the United States.
594.  Powers and duties of the Conference.
595.  Organization of the Conference.
596.  Authorization of appropriations.

             Chapter 6--The Analysis of Regulatory Functions

601.  Definitions.
602.  Regulatory agenda.
603.  Initial regulatory flexibility analysis.
604.  Final regulatory flexibility analysis.
605.  Avoidance of duplicative or unnecessary analyses.
606.  Effect on other law.
607.  Preparation of analyses.
608.  Procedure for waiver or delay of completion.
609.  Procedures for gathering comments.
610.  Periodic review of rules.
611.  Judicial review.
612.  Reports and intervention rights.

                       Chapter 7--Judicial Review

701.  Application; definitions.
702.  Right of review.
703.  Form and venue of proceeding.
704.  Actions reviewable.
705.  Relief pending review.
706.  Scope of review.

          Chapter 8--Congressional Review of Agency Rulemaking

801.  Congressional review.
802.  Congressional disapproval procedure.
803.  Special rule on statutory, regulatory, and judicial deadlines.
804.  Definitions.
805.  Judicial review.
806.  Applicability; severability.
807.  Exemption for monetary policy.
808.  Effective date of certain rules.

                   Chapter 9--Executive Reorganization

901.  Purpose
902.  Definitions.
903.  Reorganization plans.
904.  Additional contents of reorganization plan.
905.  Limitation on powers.
906.  Effective date and publication of reorganization plans.
907.  Effect on other laws, pending legal proceedings, and unexpended 
          appropriations.
908.  Rules of Senate and House of Representatives on reorganization 
          plans.
909.  Terms of resolution.
910.  Introduction and reference of resolution.
911.  Discharge of committee considering resolution.
912.  Procedure after report or discharge of committee; debate; vote on 
          final passage.

          PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

               Chapter 11--Office of Personnel Management

1101.  Office of Personnel Management.
1102.  Director; Deputy Director; Associate Directors.
1103.  Functions of the Director.
1104.  Delegation of authority for personnel management.
1105.  Administrative procedure.

 Chapter 12--Merit Systems Protection Board, Office of Special Counsel, 
                      and Employee Right of Action

               SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD

1201.  Appointment of members of the Merit Systems Protection Board.
1202.  Term of office; filling vacancies; removal.
1203.  Chairman; Vice Chairman.
1204.  Powers and functions of the Merit Systems Protection Board.
1205.  Transmittal of information to Congress.
1206.  Annual report.
1207.  [Repealed]
1208.  [Repealed]

                 SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL

1211.  Establishment.
1212.  Powers and functions of the Office of Special Counsel.
1213.  Provisions relating to disclosures of violations of law, gross 
          mismanagement, and certain other matters.
1214.  Investigation of prohibited personnel practices; corrective 
          action.
1215.  Disciplinary action.
1216.  Other matters within the jurisdiction of the Office of Special 
          Counsel.
1217.  Transmittal of information to Congress.
1218.  Annual report.
1219.  Public information.

   SUBCHAPTER III--INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES

1221.  Individual right of action in certain reprisal cases.
1222.  Availability of other remedies.

                      Chapter 13--Special Authority

1301.  Rules.
1302.  Regulations.
1303.  Investigations; reports.
1304.  Loyalty investigations; reports; revolving fund.
1305.  Administrative law judges.
1306.  Oaths to witnesses.
1307.  Minutes.

   Chapter 15--Political Activity of Certain State and Local Employees

1501.  Definitions.
1502.  Influencing elections; taking part in political campaigns; 
          prohibitions; exceptions.
1503.  Nonpartisan candidacies permitted.
1504.  Investigations; notice of hearing.
1505.  Hearings; adjudications; notice of determinations.
1506.  Orders; withholding loans or grants; limitations.
1507.  Subpenas and depositions.
1508.  Judicial review.

                           PART III--EMPLOYEES

                      SUBPART A--GENERAL PROVISIONS

                         Chapter 21--Definitions

2101.  Civil service; armed forces; uniformed services.
2101a. The Senior Executive Service.
2102.  The competitive service.
2103.  The excepted service.
2104.  Officer.
2105.  Employee.
2106.  Member of Congress.
2107.  Congressional employee.
2108.  Veteran; disabled veteran; preference eligible.
2109.  Air traffic controller; Secretary.

                   Chapter 23--Merit System Principles

2301.  Merit system principles.
2302.  Prohibited personnel practices.
2303.  Prohibited personnel practices in the Federal Bureau of 
          Investigation.
2304.  Responsibility of the General Accounting Office.
2305.  Coordination with certain other provisions of law.

          Chapter 29--Commissions, Oaths, Records, and Reports

               SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS

2901.  Commission of an officer.
2902.  Commission; where recorded.
2903.  Oath; authority to administer.
2904.  Oath; administered without fees.
2905.  Oath; renewal.
2906.  Oath; custody.

                          SUBCHAPTER II--REPORTS

2951.  Reports to the Office of Personnel Management.
2952.  Time of making annual reports.
2953.  Reports to Congress on additional employee requirements.
2954.  Information to committees of Congress on request.

                   SUBPART B--EMPLOYMENT AND RETENTION

                  Chapter 31--Authority for Employment

                   SUBCHAPTER I--EMPLOYMENT AUTHORITIES

3101.  General authority to employ.
3102.  Employment of personal assistants for handicapped employees, 
          including blind and deaf employees.
3103.  Employment at seat of Government only for services rendered.
3104.  Employment of specially qualified scientific and professional 
          personnel.
3105.  Appointment of administrative law judges.
3106.  Employment of attorneys; restrictions.
3107.  Employment of publicity experts; restrictions.
3108.  Employment of detective agencies; restrictions.
3109.  Employment of experts and consultants; temporary or intermittent.
3110.  Employment of relatives; restrictions.
3111.  Acceptance of volunteer service.
3112.  Disabled veterans; noncompetitive appointment.
3113.  Restriction on reemployment after conviction of certain crimes.

                SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

3131.  The Senior Executive Service.
3132.  Definitions and exclusions.
3133.  Authorization of positions; authority for appointment.
3134.  Limitations on noncareer and limited appointments.
3135.  [Repealed.]
3136.  Regulations.

       SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG 
           ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

3151.  The Federal Bureau of Investigation and Drug Enforcement 
          Administration Senior Executive Service.
3152.  Limitation on pay.

  SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE 
                                  ORDER

3161.  Employment and compensation of employees.

            Chapter 33--Examination, Selection, and Placement

         SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT

3301.  Civil service; generally.
3302.  Competitive service; rules.
3303.  Competitive service; recommendations of Senators or 
          Representatives.
3304.  Competitive service; examinations.
3304a. Competitive service; career appointment after 3 years' temporary 
          service.
3305.  Competitive service; examinations; when held.
3306.  [Repealed.]
3307.  Competitive service; maximum-age entrance requirements; 
          exceptions.
3308.  Competitive service; examinations; educational requirements 
          prohibited; exceptions.
3309.  Preference eligibles; examinations; additional points for.
3310.  Preference eligibles; examinations; guards, elevator operators, 
          messengers, and custodians.
3311.  Preference eligibles; examinations; crediting experience.
3312.  Preference eligibles; physical qualifications; waiver.
3313.  Competitive service; registers of eligibles.
3314.  Registers; preference eligibles who resigned.
3315.  Registers; preference eligibles furloughed or separated.
3315a. [Repealed.]
3316.  Preference eligibles; reinstatement.
3317.  Competitive service; certification from registers.
3318.  Competitive service; selection from certificates.
3319.  [Repealed.]
3320.  Excepted service; government of the District of Columbia; 
          selection.
3321.  Competitive service; probationary period.
3322.  [Repealed.]
3323.  Automatic separations; reappointment; reemployment of annuitants.
3324.  Appointments to positions classified above GS-15.
3325.  Appointments to scientific and professional positions.
3326.  Appointments of retired members of the armed forces to positions 
          in the Department of Defense.
3327.  Civil service employment information.
3328.  Selective Service registration.
3329.  Appointments of military reserve technicians to positions in the 
          competitive service.
3330.  Government-wide list of vacant positions.
3330a. Preference eligibles; administrative redress.
3330b. Preference eligibles; judicial redress.
3330c. Preference eligibles; remedy.

                       SUBCHAPTER II--OATH OF OFFICE

3331.  Oath of office.
3332.  Officer affidavit; no consideration paid for appointment.
3333.  Employee affidavit; loyalty and striking against the Government.

           SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS

3341.  Details; within Executive or military departments.
3342.  [Repealed.]
3343.  Details; to international organizations.
3344.  Details; administrative law judges.
3345.  Acting officer.
3346.  Time limitation.
3347.  Exclusivity.
3348.  Vacant office.
3349.  Reporting of vacancies.
3349a. Presidential inaugural transitions.
3349b. Holdover provisions relating to certain independent 
establishments.\1\
---------------------------------------------------------------------------
    \1\ Catchline does not conform to section heading.
---------------------------------------------------------------------------
3349c. Exclusion of certain officers.
3349d. Notification of intent to nominate during certain recesses or 
          adjournments.

                         SUBCHAPTER IV--TRANSFERS

3351.  Preference eligibles; transfer; physical qualifications; waiver.
3352.  Preference in transfers for employees making certain disclosures.

                          SUBCHAPTER V--PROMOTION

3361.  Promotion; competitive service; examination.
3362.  Promotion; effect of incentive award.
3363.  Preference eligibles; promotion; physical qualifications; waiver.
3364.  [Repealed.]

               SUBCHAPTER VI--ASSIGNMENTS TO AND FROM STATES

3371.  Definitions.
3372.  General provisions.
3373.  Assignments of employees to State or local governments.\2\
---------------------------------------------------------------------------
    \2\ So in law. The item for section 3373 does not conform to the 
heading for such section.
---------------------------------------------------------------------------
3374.  Assignments of employees from State or local governments.
3375.  Travel expenses.
3376.  Regulations.

                  SUBCHAPTER VII--AIR TRAFFIC CONTROLLERS

3381.  Training.
3382.  Involuntary separation for retirement.
3383.  Determinations; review procedures.
3384.  Regulations.
3385.  Effect on other authority.

  SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT 
                     IN THE SENIOR EXECUTIVE SERVICE

3391.  Definitions.
3392.  General appointment provisions.
3393.  Career appointments.
3393a. Recertification.
3394.  Noncareer and limited appointments.
3395.  Reassignment and transfer within the Senior Executive Service.
3396.  Development for and within the Senior Executive Service.
3397.  Regulations.

          Chapter 34--Part-Time Career Employment Opportunities

3401.  Definitions.
3402.  Establishment of part-time career employment programs.
3403.  Limitations.
3404.  Personnel ceilings.
3405.  Nonapplicability.
3406.  Regulations.
3407.  [Repealed.]
3408.  Employee organization representation.

     Chapter 35--Retention Preference, Restoration, and Reemployment

                    SUBCHAPTER I--RETENTION PREFERENCE

3501.  Definitions; application.
3502.  Order of retention.
3503.  Transfer of functions.
3504.  Preference eligibles; retention; physical qualifications; waiver.

      [SUBCHAPTER II--RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY]

3551.  [Repealed.]

     SUBCHAPTER III--REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR 
                      REMOVAL FOR NATIONAL SECURITY

3571.  Reinstatement or restoration; individuals suspended or removed 
          for national security.

     SUBCHAPTER IV--REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL 
                              ORGANIZATION

3581.  Definitions.
3582.  Rights of transferring employees.
3583.  Computations.
3584.  Regulations.

  SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE 
                        SENIOR EXECUTIVE SERVICE

3591.  Definitions.
3592.  Removal from the Senior Executive Service.
3593.  Reinstatement in the Senior Executive Service.
3594.  Guaranteed placement in other personnel systems.
3595.  Reduction in force in the Senior Executive Service.
3595a. Furlough in the Senior Executive Service.
3596.  Regulations.

     SUBCHAPTER VI--REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE 
                             FOREIGN SERVICE

3597.  Reemployment following limited appointment in the Foreign 
          Service.

                     SUBPART C--EMPLOYEE PERFORMANCE

                          Chapter 41--Training

4101.  Definitions.
4102.  Exceptions; Presidential authority.
4103.  Establishment of training programs.
4104.  Government facilities; use of.
4105.  Non-Government facilities; use of.
4106.  [Repealed.]
4107.  Restriction on degree training.
4108.  Employee agreements; service after training.
4109.  Expenses of training.
4110.  Expenses of attendance at meetings.
4111.  Acceptance of contributions, awards, and other payments.
4112.  Absorption of costs within funds available.
4113.  [Repealed.]
4114.  [Repealed.]
4115.  Collection of training information.
4116.  Training program assistance.
4117.  Administration.
4118.  Regulations.
4119.  Training for employees under the Office of the Architect of the 
          Capitol and the Botanic Garden.

                    Chapter 43--Performance Appraisal

                     SUBCHAPTER I--GENERAL PROVISIONS

4301.  Definitions.
4302.  Establishment of performance appraisal systems.
4302a. [Repealed.]
4303.  Actions based on unacceptable performance.
4304.  Responsibilities of the Office of Personnel Management.
4305.  Regulations.

   SUBCHAPTER II--PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE

4311.  Definitions.
4312.  Senior Executive Service performance appraisal systems.
4313.  Criteria for performance appraisals.
4314.  Ratings for performance appraisals.
4315.  Regulations.

                      Chapter 45--Incentive Awards

             SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS

4501.  Definitions.
4502.  General provisions.
4503.  Agency awards.
4504.  Presidential awards.
4505.  Awards to former employees.
4505a. Performance-based cash awards.
4506.  Regulations.
4507.  Awarding of ranks in the Senior Executive Service.
4508.  Limitation of awards during a Presidential election year.
4509.  Prohibition of cash award to Executive Schedule officers.

            SUBCHAPTER II--AWARDS FOR COST SAVINGS DISCLOSURES

4511.  Definition and general provisions.
4512.  Agency awards for cost savings disclosures.
4513.  Presidential awards for cost savings disclosures.

  SUBCHAPTER III--AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE 
                              CAPABILITIES

4521.  Definition.
4522.  General provision.
4523.  Award authority.

   Chapter 47--Personnel Research Programs and Demonstration Projects

4701.  Definitions.
4702.  Research programs.
4703.  Demonstration projects.
4704.  Allocation of funds.
4705.  Regulations.

                      SUBPART D--PAY AND ALLOWANCES

                       Chapter 51--Classification

5101.  Purpose.
5102.  Definitions; application.
5103.  Determination of applicability.
5104.  Basis for grading positions.
5105.  Standards for classification of positions.
5106.  Basis for classifying positions.
5107.  Classification of positions.
5108.  Classification of positions above GS-15.
5109.  Positions classified by statute.
5110.  Review of classification of positions.
5111.  Revocation and restoration of authority to classify positions.
5112.  General authority of the Office of Personnel Management.
5113.  Classification records.
5114.  [Repealed.]
5115.  Regulations.

                    Chapter 53--Pay Rates and Systems

              SUBCHAPTER I--PAY COMPARABILITY SYSTEM

5301.  Policy.
5302.  Definitions.
5303.  Annual adjustments to pay schedules.
5304.  Locality-based comparability payments.
5304a. Authority to fix an alternative level of comparability payments.
5305.  Special pay authority.
5306.  Pay fixed by administrative action.
5307.  Limitation on certain payments.

                SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

5311.  The Executive Schedule.
5312.  Positions at level I.
5313.  Positions at level II.
5314.  Positions at level III.
5315.  Positions at level IV.
5316.  Positions at level V.
5317.  Presidential authority to place positions at levels IV and V.
5318.  Adjustments in rates of pay.

                SUBCHAPTER III--GENERAL SCHEDULE PAY RATES

5331.  Definitions; application.
5332.  The General Schedule.
5333.  Minimum rate for new appointments.
5334.  Rate on change of position or type of appointment; regulations.
5335.  Periodic step-increases.
5336.  Additional step-increases.
5337.  [Repealed.]
5338.  Regulations.

                  SUBCHAPTER IV--PREVAILING RATE SYSTEMS

5341.  Policy.
5342.  Definitions; application.
5343.  Prevailing rate determinations; wage schedules; night 
          differentials.
5344.  Effective date of wage increase; retroactive pay.
5345.  [Repealed.]
5346.  Job grading system.
5347.  Federal Prevailing Rate Advisory Committee.
5348.  Crews of vessels.
5349.  Prevailing rate employees; legislative, judicial, Bureau of 
          Engraving and Printing, and government of the District of 
          Columbia.

                      SUBCHAPTER V--STUDENT-EMPLOYEES

5351.  Definitions.
5352.  Stipends.
5353.  Quarters, subsistence, and laundry.
5354.  Effect of detail or affiliation; travel expenses.
5355.  Effect on other statutes.
5356.  Appropriations.

                  SUBCHAPTER VI--GRADE AND PAY RETENTION

5361.  Definitions.
5362.  Grade retention following a change of positions or 
          reclassification.
5363.  Pay retention.
5364.  Remedial actions.
5365.  Regulations.
5366.  Appeals.

                 SUBCHAPTER VII--MISCELLANEOUS PROVISIONS

5371.  Health care positions.
5372.  Administrative law judges.
5372a. Contract appeals board members.
5372b. Administrative appeals judges.
5373.  Limitation on pay fixed by administrative action.
5374.  Miscellaneous positions in the executive branch.
5375.  Police force of the National Zoological Park.
5376.  Pay for certain senior-level positions.
5377.  Pay authority for critical positions.
5378.  Police forces of the Bureau of Engraving and Printing and the 
          United States Mint.
5379.  Student loan repayments.

           SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE

5381.  Definitions.
5382.  Establishment and adjustment of rates of pay for the Senior 
          Executive Service.
5383.  Setting individual senior executive pay.
5384.  Performance awards in the Senior Executive Service.
5385.  Regulations.

              SUBCHAPTER IX--SPECIAL OCCUPATIONAL PAY SYSTEMS

5391.  Definitions.
5392.  Establishment of special occupational pay systems.

                     Chapter 55--Pay Administration

                     SUBCHAPTER I--GENERAL PROVISIONS

5501.  Disposition of money accruing from lapsed salaries or unused 
          appropriations for salaries.
5502.  Unauthorized office; prohibition on use of funds.
5503.  Recess appointments.
5504.  Biweekly pay periods; computation of pay.
5505.  Monthly pay periods; computation of pay.
5506.  Computation of extra pay based on standard or daylight saving 
          time.
5507.  Officer affidavit; condition to pay.
5508.  Officer entitled to leave; effect on pay status.
5509.  Appropriations.

                      SUBCHAPTER II--WITHHOLDING PAY

5511.  Withholding pay; employees removed for cause.
5512.  Withholding pay; individuals in arrears.
5513.  Withholding pay; credit disallowed or charge raised for payment.
5514.  Installment deduction for indebtedness to the United States.
5515.  Crediting amounts received for jury or witness service.
5516.  Withholding District of Columbia income taxes.
5517.  Withholding State income taxes.
5518.  Deductions for State retirement systems; National Guard 
          employees.
5519.  Crediting amounts received for certain Reserve or National Guard 
          service.
5520.  Withholding of city or county income or employment taxes.
5520a. Garnishment of pay.

       SUBCHAPTER III--ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

5521.  Definitions.
5522.  Advance payments; rates; amounts recoverable.
5523.  Duration of payments; rates; active service period.
5524.  Review of accounts.
5524a. Advance payments for new appointees.
5525.  Allotment and assignment of pay.
5526.  Funds available on reimbursable basis.
5527.  Regulations.

                SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT

5531.  Definitions.
5532.  Employment of retired members of the uniformed services; 
          reduction in retired or retainer pay.
5533.  Dual pay from more than one position; limitations; exceptions.
5534.  Dual employment and pay of Reserves and National Guardsmen.
5534a. Dual employment and pay during terminal leave from uniformed 
          services.
5535.  Extra pay for details prohibited.
5536.  Extra pay for extra services prohibited.
5537.  Fees for jury and witness service.

                         SUBCHAPTER V--PREMIUM PAY

5541.  Definitions.
5542.  Overtime rates; computation.
5543.  Compensatory time off.
5544.  Wage-board overtime and Sunday rates; computation.
5545.  Night, standby, irregular, and hazardous duty differential.
5545a. Availability pay for criminal investigators
5545b. Pay for firefighters.
5546.  Pay for Sunday and holiday work.
5546a. Differential pay for certain employees of the Federal Aviation 
          Administration and the Department of Defense.
5547.  Limitation on premium pay.
5548.  Regulations.
5549.  Effect on other statutes.
5550.  [Repealed.]
5550a. Compensatory time off for religious observances.

         SUBCHAPTER VI--PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

5551.  Lump-sum payment for accumulated and accrued leave on separation.
5552.  Lump-sum payment for accumulated and accrued leave on entering 
          active duty; election.
5553.  Regulations.

               SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES

5561.  Definitions.
5562.  Pay and allowances; continuance while in a missing status; 
          limitations.
5563.  Allotments; continuance, suspension, initiation, resumption, or 
          increase while in a missing status; limitations.
5564.  Travel and transportation; dependents; household and personal 
          effects; motor vehicles; sale of bulky items; claims for 
          proceeds; appropriation chargeable.
5565.  Agency review.
5566.  Agency determinations.
5567.  Settlement of accounts.
5568.  Income tax deferment.
5569.  Benefits for captives.
5570.  Compensation for disability or death.

                  SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS

5581.  Definitions.
5582.  Designation of beneficiary; order of precedence.
5583.  Payment of money due; settlement of accounts.
5584.  Claims for overpayment of pay and allowances, and of travel, 
          transportation and relocation expenses and allowances.

                 SUBCHAPTER IX--SEVERANCE PAY AND BACK PAY

5591-5594.  [Repealed.]
5595.  Severance pay.
5596.  Back pay due to unjustified personnel action.
5597.  Separation pay.

           Chapter 57--Travel, Transportation, and Subsistence

     SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

5701.  Definitions.
5702.  Per diem; employees traveling on official business.
5703.  Per diem, travel, and transportation expenses; experts and 
          consultants; individuals serving without pay.
5704.  Mileage and related allowances.
5705.  Advancements and deductions.
5706.  Allowable travel expenses.
5706a. Subsistence and travel expenses for threatened law enforcement 
          personnel.
5706b. Interview expenses.
5706c. Reimbursement for taxes incurred on money received for travel 
          expenses.
5707.  Regulations and reports.
5707a. Adherence to fire safety guidelines in establishing rates and 
          discounts for lodging expenses.
5708.  Effect on other statutes.
5709.  Air evacuation patients: furnished subsistence.
5710.  Authority for travel expenses test programs.

    SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, 
               STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

5721.  Definitions.
5722.  Travel and transportation expenses of new appointees; posts of 
          duty outside the continental United States.
5723.  Travel and transportation expenses of new appointees and student 
          trainees.
5724.  Travel and transportation expenses of employees transferred; 
          advancement of funds; reimbursement on commuted basis.
5724a. Relocation expenses of employees transferred or reemployed.
5724b. Taxes on reimbursements for travel, transportation, and 
          relocation expenses of employees transferred.
5724c. Relocation services.
5725.  Transportation expenses; employees assigned to danger areas.
5726.  Storage expenses; household goods and personal effects.
5727.  Transportation of motor vehicles.
5728.  Travel and transportation expenses; vacation leave.
5729.  Transportation expenses; prior return of family.
5730.  Funds available.
5731.  Expenses limited to lowest first-class rate.
5732.  General average contribution; payment or reimbursement.
5733.  Expeditious travel.
5734.  Travel, transportation, and relocation expenses of employees 
          transferred from the Postal Service.
5735.  Travel, transportation, and relocation expenses of employees 
          transferring to the United States Postal Service.
5736.  Travel, transportation, and relocation expenses of certain 
          nonappropriated fund employees.
5737.  Relocation expenses of an employee who is performing an extended 
          assignment.
5738.  Regulations.
5739.  Authority for relocation expenses test programs.

    SUBCHAPTER III--TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

5741.  General prohibition.
5742.  Transportation of remains, dependents, and effects; death 
          occurring away from official station or abroad.

                  SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

5751.  Travel expenses of witnesses.
5752.  Travel expenses of Senior Executive Service candidates.
5753.  Recruitment and relocation bonuses.
5754.  Retention allowances.
5755.  Supervisory differentials.
5756.  Home marketing incentive payment.

                         Chapter 59--Allowances

                          SUBCHAPTER I--UNIFORMS

5901.  Uniform allowances.
5902.  Increase in maximum uniform allowance.
5903.  Regulations.

                          SUBCHAPTER II--QUARTERS

5911.  Quarters and facilities; employees in the United States.
5912.  Quarters in Government owned or rented buildings; employees in 
          foreign countries.
5913.  Official residence expenses.

           SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES

5921.  Definitions.
5922.  General provisions.
5923.  Quarters allowances.
5924.  Cost-of-living allowances.
5925.  Post differentials.
5926.  Compensatory time off at certain posts in foreign areas.
5927.  Advances of pay.
5928.  Danger pay allowance.

                  SUBCHAPTER IV--MISCELLANEOUS ALLOWANCES

5941.  Allowances based on living costs and conditions of environment; 
          employees stationed outside continental United States or in 
          Alaska.
5942.  Allowance based on duty at remote worksites.
5942a. Separate maintenance allowance for duty at Johnston Island.
5943.  Foreign currency appreciation allowances.
5944.  [Repealed.]
5945.  Notary public commission expenses.
5946.  Membership fees; expenses of attendance at meetings; limitations.
5947.  Quarters, subsistence, and allowances for employees of the Corps 
          of Engineers, Department of the Army, engaged in floating 
          plant operations.
5948.  Physicians comparability allowances.

                     SUBPART E--ATTENDANCE AND LEAVE

                        Chapter 61--Hours of Work

                     SUBCHAPTER I--GENERAL PROVISIONS

6101.  Basic 40-hour workweek; work schedules; regulations.
6102.  [Repealed.]
6103.  Holidays.
6104.  Holidays; daily, hourly, and piece-work basis employees.
6105.  Closing of Executive departments.
6106.  Time clocks; restrictions.

           SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES

6120.  Purpose.
6121.  Definitions.
6122.  Flexible schedules; agencies authorized to use.
6123.  Flexible schedules; computation of premium pay.
6124.  Flexible schedules; holidays.
6125.  Flexible schedules; time-recording devices.
6126.  Flexible schedules; credit hours; accumulation and compensation.
6127.  Compressed schedules; agencies authorized to use.
6128.  Compressed schedules; computation of premium pay.
6129.  Administration of leave and retirement provisions.
6130.  Application of programs in the case of collective bargaining 
          agreements.
6131.  Criteria and review.
6132.  Prohibition of coercion.
6133.  Regulations; technical assistance; program review.

                            Chapter 63--Leave

                    SUBCHAPTER I--ANNUAL AND SICK LEAVE

6301.  Definitions.
6302.  General provisions.
6303.  Annual leave; accrual.
6304.  Annual leave; accumulation.
6305.  Home leave; leave for Chiefs of Missions; leave for crews of 
          vessels.
6306.  Annual leave; refund of lump-sum payment; recredit of annual 
          leave.
6307.  Sick leave; accrual and accumulation.
6308.  Transfers between positions under different leave systems.
6309.  [Repealed.]
6310.  Leave of absence; aliens.
6311.  Regulations.
6312.  Accrual and accumulation for former ASCS county office and 
          nonappropriated fund employees.

                      SUBCHAPTER II--OTHER PAID LEAVE

6321.  Absence of veterans to attend funeral services.
6322.  Leave for jury or witness service; official duty status for 
          certain witness service.
6323.  Military leave; Reserves and National Guardsmen.
6324.  Absence of certain police and firemen.
6325.  Absence resulting from hostile action abroad.
6326.  Absence in connection with funerals of immediate relatives in the 
          Armed Forces.
6327.  Absence in connection with serving as a bone-marrow or organ 
          donor.
6328.  Absence in connection with funerals of fellow Federal law 
          enforcement officers.

               SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE

6331.  Definitions.
6332.  General authority.
6333.  Receipt and use of transferred leave.
6334.  Donations of leave.
6335.  Termination of medical emergency.
6336.  Restoration of transferred leave.
6337.  Accrual of leave.
6338.  Prohibition of coercion.
6339.  Additional leave transfer programs.
6340.  Inapplicability of certain provisions.

                SUBCHAPTER IV--VOLUNTARY LEAVE BANK PROGRAM

6361.  Definitions.
6362.  General authority.
6363.  Establishment of leave banks.
6364.  Establishment of Leave Bank Boards.
6365.  Contributions of annual leave.
6366.  Eligibility for leave recipients.
6367.  Receipt and use of leave from a leave bank.
6368.  Termination of medical emergency.
6369.  Restoration of transferred leave.
6370.  Prohibition of coercion.
6371.  Accrual of leave.
6372.  Additional leave bank programs.
6373.  Authority to participate in both programs.

                  SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

6381.  Definitions.
6382.  Leave requirement.
6383.  Certification.
6384.  Employment and benefits protection.
6385.  Prohibition of coercion.
6386.  Health insurance.
6387.  Regulations.

        SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

6391.  Authority for leave transfer program in disasters and 
          emergencies.

           SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

                 Chapter 71--Labor-Management Relations

                     SUBCHAPTER I--GENERAL PROVISIONS

7101.  Findings and purpose.
7102.  Employees' rights.
7103.  Definitions; application.
7104.  Federal Labor Relations Authority.
7105.  Powers and duties of the Authority.
7106.  Management rights.

   SUBCHAPTER II--RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS

7111.  Exclusive recognition of labor organizations.
7112.  Determination of appropriate units for labor organization 
          representation.
7113.  National consultation rights.
7114.  Representation rights and duties.
7115.  Allotments to representatives.
7116.  Unfair labor practices.
7117.  Duty to bargain in good faith; compelling need; duty to consult.
7118.  Prevention of unfair labor practices.
7119.  Negotiation impasses; Federal Service Impasses Panel.
7120.  Standards of conduct for labor organizations.

              SUBCHAPTER III--GRIEVANCES, APPEALS, AND REVIEW

7121.  Grievance procedures.
7122.  Exceptions to arbitral awards.
7123.  Judicial review; enforcement.

            SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS

7131.  Official time.
7132.  Subpenas.
7133.  Compilation and publication of data.
7134.  Regulations.
7135.  Continuation of existing laws, recognitions, agreements, and 
          procedures.

       Chapter 72--Antidiscrimination; Right to Petition Congress

              SUBCHAPTER I--ANTIDISCRIMINATION IN EMPLOYMENT

7201.  Antidiscrimination policy; minority recruitment program.
7202.  Marital status.
7203.  Handicapping condition.
7204.  Other prohibitions.

           SUBCHAPTER II--EMPLOYEES' RIGHT TO PETITION CONGRESS

7211.  Employees' right to petition Congress.

             Chapter 73--Suitability, Security, and Conduct

                    SUBCHAPTER I--REGULATION OF CONDUCT

7301.  Presidential regulations.

                   SUBCHAPTER II--EMPLOYMENT LIMITATIONS

7311.  Loyalty and striking.
7312.  Employment and clearance; individuals removed for national 
          security.
7313.  Riots and civil disorders.

                   SUBCHAPTER III--POLITICAL ACTIVITIES

7321.  Political participation.
7322.  Definitions.
7323.  Political activity authorized; prohibitions.
7324.  Political activities on duty; prohibition.
7325.  Political activity permitted; employees residing in certain 
          municipalities.
7326.  Penalties.

               SUBCHAPTER IV--FOREIGN GIFTS AND DECORATIONS

7341.  [Repealed.]
7342.  Receipt and disposition of foreign gifts and decorations.

                         SUBCHAPTER V--MISCONDUCT

7351.  Gifts to superiors.
7352.  Excessive and habitual use of intoxicants.
7353.  Gifts to Federal employees.

         SUBCHAPTER VI--DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

7361.  Drug abuse.
7362.  Alcohol abuse and alcoholism.
7363.  Reports to Congress.

    SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW 
                          ENFORCEMENT OFFICERS

7371.  Mandatory removal from employment of law enforcement officers 
          convicted of felonies.

                       Chapter 75--Adverse Actions

               SUBCHAPTER I--SUSPENSION FOR 14 DAYS OR LESS

7501.  Definitions.
7502.  Actions covered.
7503.  Cause and procedure.
7504.  Regulations.

  SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
              GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

7511.  Definitions; application.
7512.  Actions covered.
7513.  Cause and procedure.
7514.  Regulations.

                 SUBCHAPTER III--ADMINISTRATIVE LAW JUDGES

7521.  Actions against administrative law judges.

                     SUBCHAPTER IV--NATIONAL SECURITY

7531.  Definitions.
7532.  Suspension and removal.
7533.  Effect on other statutes.

                  SUBCHAPTER V--SENIOR EXECUTIVE SERVICE

7541.  Definitions.
7542.  Actions covered.
7543.  Cause and procedure.

                           Chapter 77--Appeals

7701.  Appellate procedures.
7702.  Actions involving discrimination.
7703.  Judicial review of decisions of the Merit Systems Protection 
          Board.

                    Chapter 79--Services to Employees

7901.  Health service programs.
7902.  Safety programs.
7903.  Protective clothing and equipment.
7904.  Employee assistance programs relating to drug abuse and alcohol 
          abuse.
7905.  Programs to encourage commuting by means other than single-
          occupancy motor vehicles.

                   SUBPART G--INSURANCE AND ANNUITIES

               Chapter 81--Compensation for Work Injuries

                          SUBCHAPTER I--GENERALLY

8101.  Definitions.
8102.  Compensation for disability or death of employee.
8103.  Medical services and initial medical and other benefits.
8104.  Vocational rehabilitation.
8105.  Total disability.
8106.  Partial disability.
8107.  Compensation schedule.
8108.  Reduction of compensation for subsequent injury to same member.
8109.  Beneficiaries of awards unpaid at death; order of precedence.
8110.  Augmented compensation for dependents.
8111.  Additional compensation for services of attendants or vocational 
          rehabilitation.
8112.  Maximum and minimum monthly payments.
8113.  Increase or decrease of basic compensation.
8114.  Computation of pay.
8115.  Determination of wage-earning capacity.
8116.  Limitations on right to receive compensation.
8117.  Time of accrual of right.
8118.  Continuation of pay; election to use annual or sick leave.
8119.  Notice of injury or death.
8120.  Report of injury.
8121.  Claim.
8122.  Time for making claim.
8123.  Physical examinations.
8124.  Findings and award; hearings.
8125.  Misbehavior at proceedings.
8126.  Subpenas; oaths; examination of witnesses.
8127.  Representation; attorneys' fees.
8128.  Review of award.
8129.  Recovery of overpayments.
8130.  Assignment of claim.
8131.  Subrogation of the United States.
8132.  Adjustment after recovery from a third person.
8133.  Compensation in case of death.
8134.  Funeral expenses; transportation of body.
8135.  Lump-sum payment.
8136.  Initial payments outside the United States.
8137.  Compensation for noncitizens and nonresidents.
8138.  Minimum limit modification for noncitizens and aliens.
8139.  Employees of the District of Columbia.
8140.  Members of the Reserve Officers' Training Corps.
8141.  Civil Air Patrol volunteers.
8142.  Peace Corps volunteers.
8143.  Job Corps enrollees; volunteers in service to America.
8143a. Members of the National Teacher Corps.
8144.  Student-employees.
8145.  Administration.
8146.  Administration for the Panama Canal Commission and the Alaska 
          Railroad.
8146a. Cost-of-living adjustment of compensation.
8147.  Employees' Compensation Fund.
8148.  Forfeiture of benefits by convicted felons.
8149.  Regulations.
8150.  Effect on other statutes.
8151.  Civil service retention rights.
8152.  Annual report.

    SUBCHAPTER II--EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

8171.  Compensation for work injuries; generally.
8172.  Employees not citizens or residents of the United States.
8173.  Liability under this subchapter exclusive.

   SUBCHAPTER III--LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED 
                                 STATES

8191.  Determination of eligibility.
8192.  Benefits.
8193.  Administration.

                         Chapter 83--Retirement

                     SUBCHAPTER I--GENERAL PROVISIONS

8301.  Uniform retirement date.

          SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY

8311.  Definitions.
8312.  Conviction of certain offenses.
8313.  Absence from the United States to avoid prosecution.
8314.  Refusal to testify.
8315.  Falsifying employment applications.
8316.  Refund of contributions and deposits.
8317.  Repayment of annuity or retired pay properly paid; waiver.
8318.  Restoration of annuity or retired pay.
8319.  Removal of members of the uniformed services from rolls; 
          restoration; reappointment.
8320.  Offense or violation committed in compliance with orders.
8321.  Liability of accountable employees.
8322.  Effect on other statutes.

                 SUBCHAPTER III--CIVIL SERVICE RETIREMENT

8331.  Definitions.
8332.  Creditable service.
8333.  Eligibility for annuity.
8334.  Deductions, contributions, and deposits.
8335.  Mandatory separation.
8336.  Immediate retirement.
8337.  Disability retirement.
8338.  Deferred retirement.
8339.  Computation of annuity.
8340.  Cost-of-living adjustment of annuities.
8341.  Survivor annuities.
8342.  Lump-sum benefits; designation of beneficiary; order of 
          precedence.
8343.  Additional annuities; voluntary contributions.
8343a. Alternative forms of annuities.
8344.  Annuities and pay on reemployment.
8345.  Payment of benefits; commencement, termination, and waiver of 
          annuity.
8346.  Exemption from legal process; recovery of payments.
8347.  Administration; regulations.
8348.  Civil Service Retirement and Disability Fund.
8349.  Offset relating to certain benefits under the Social Security 
          Act.
8350.  Retirement counseling.
8351.  Participation in the Thrift Savings Plan.

            Chapter 84--Federal Employees' Retirement System

                     SUBCHAPTER I--GENERAL PROVISIONS

8401.  Definitions.
8402.  Federal Employees' Retirement System; exclusions.
8403.  Relationship to the Social Security Act.

                       SUBCHAPTER II--BASIC ANNUITY

8410.  Eligibility for annuity.
8411.  Creditable service.
8412.  Immediate retirement.
8413.  Deferred retirement.
8414.  Early retirement.
8415.  Computation of basic annuity.
8416.  Survivor reduction for a current spouse.
8417.  Survivor reduction for a former spouse.
8418.  Survivor elections; deposit; offsets.
8419.  Survivor reductions; computation.
8420.  Insurable interest reductions.
8420a. Alternative forms of annuities.
8421.  Annuity supplement.
8421a. Reductions on account of earnings from work performed while 
          entitled to an annuity supplement.
8422.  Deductions from pay; contributions for military service.
8423.  Government contributions.
8424.  Lump-sum benefits; designation of beneficiary; order of 
          precedence.
8425.  Mandatory separation.

                    SUBCHAPTER III--THRIFT SAVINGS PLAN

8431.  Certain transfers to be treated as a separation.
8432.  Contributions.
8432a. Payment of lost earnings.
8432b. Contributions of persons who perform military service.
8432c. Contributions of certain persons reemployed after service with 
          international organizations.
8433.  Benefits and election of benefits.
8434.  Annuities: methods of payment; election; purchase.
8435.  Protections for spouses and former spouses.
8436.  Administrative provisions.
8437.  Thrift Savings Fund.
8438.  Investment of Thrift Savings Fund.
8439.  Accounting and information.
8440.  Tax treatment of the Thrift Savings Fund.
8440a. Justices and judges.
8440b. Bankruptcy judges and magistrates.
8440c. Claims Court judges.
8440d. Judges of the United States Court of Appeals for Veterans Claim.
8440e. Members of the uniformed services.
8440f. Maximum percentage allowable for certain participants.

                     SUBCHAPTER IV--SURVIVOR ANNUITIES

8441.  Definitions.
8442.  Rights of a widow or widower.
8443.  Rights of a child.
8444.  Rights of a named individual with an insurable interest.
8445.  Rights of a former spouse.

                     SUBCHAPTER V--DISABILITY BENEFITS

8451.  Disability retirement.
8452.  Computation of disability annuity.
8453.  Application.
8454.  Medical examination.
8455.  Recovery; restoration of earning capacity.
8456.  Military reserve technicians.

           SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS

8461.  Authority of the Office of Personnel Management.
8462.  Cost-of-living adjustments.
8463.  Rate of benefits.
8464.  Commencement and termination of annuities of employees and 
          Members.
8464a. Relationship between annuity and workers' compensation.
8465.  Waiver, allotment, and assignment of benefits.
8466.  Application for benefits.
8467.  Court orders.
8468.  Annuities and pay on reemployment.
8469.  Withholding of State income taxes.
8470.  Exemption from legal process; recovery of payments.

  SUBCHAPTER VII--FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM

8471.  Definitions.
8472.  Federal Retirement Thrift Investment Board.
8473.  Employee Thrift Advisory Council.
8474.  Executive Director.
8475.  Investment policies.
8476.  Administrative provisions.
8477.  Fiduciary responsibilities; liability and penalties.
8478.  Bonding.
8478a. Investigative authority.
8479.  Exculpatory provisions; insurance.

                  Chapter 85--Unemployment Compensation

                     SUBCHAPTER I--EMPLOYEES GENERALLY

8501.  Definitions.
8502.  Compensation under State agreement.
8503.  Compensation absent State agreement.
8504.  Assignment of Federal service and wages.
8505.  Payments to States.
8506.  Dissemination of information.
8507.  False statements and misrepresentations.
8508.  Regulations.
8509.  Federal Employees Compensation Account.

                       SUBCHAPTER II--EX-SERVICEMEN

8521.  Definitions; application.
8522.  Assignment of Federal service and wages.
8523.  Dissemination of information.
8524.  [Repealed.]
8525.  Effect on other statutes.

                       Chapter 87--Life Insurance

8701.  Definitions.
8702.  Automatic coverage.
8703.  Benefit certificate.
8704.  Group insurance; amounts.
8705.  Death claims; order of precedence; escheat.
8706.  Termination of insurance; assignment of ownership.
8707.  Employee deductions; withholding.
8708.  Government contributions.
8709.  Insurance policies.
8710.  Reinsurance.
8711.  Basic tables of premium rates.
8712.  Annual accounting; special contingency reserve.
8713.  Effect of other statutes.
8714.  Employees' Life Insurance Fund.
8714a. Optional insurance.
8714b. Additional optional life insurance.
8714c. Optional life insurance on family members.
8714d. Option to receive ``living benefits''.
8715.  Jurisdiction of courts.
8716.  Regulations.

                      Chapter 89--Health Insurance

8901.  Definitions.
8902.  Contracting authority.
8902a. Debarment and other sanctions.
8903.  Health benefits plans.
8903a. Additional health benefits plans.
8903b. Authority to readmit an employee organization plan.
8904.  Types of benefits.
8905.  Election of coverage.
8905a. Continued coverage.
8906.  Contributions.
8906a. Temporary employees.
8907.  Information to individuals eligible to enroll.
8908.  Coverage of restored employees and survivor or disability 
          annuitants.
8909.  Employees Health Benefits Fund.
8910.  Studies, reports, and audits.
8911.  Advisory committee.
8912.  Jurisdiction of courts.
8913.  Regulations.
8914.  Effect of other statutes.

                  Chapter 90--Long-Term Care Insurance

9001.  Definitions.
9002.  Availability of insurance.
9003.  Contracting authority.
9004.  Financing.
9005.  Preemption.
9006.  Studies, reports, and audits.
9007.  Jurisdiction of courts.
9008.  Administrative functions.
9009.  Cost accounting standards.

        SUBPART H--ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

Chapter 91--Access to Criminal History Records for National Security and 
                             Other Purposes

9101.  Access to criminal history records for national security and 
          other purposes.

                        SUBPART I--MISCELLANEOUS

  Chapter 95--Personnel Flexibilities Relating to the Internal Revenue 
                                 Service

9501.  Internal Revenue Service personnel flexibilities.
9502.  Pay authority for critical positions.
9503.  Streamlined critical pay authority.
9504.  Recruitment, retention, relocation incentives, and relocation 
          expenses.
9505.  Performance awards for senior executives.
9506.  Limited appointments to career reserved Senior Executive Service 
          positions.
9507.  Streamlined demonstration project authority.
9508.  General workforce performance management system.
9509.  General workforce classification and pay.
9510.  General workforce staffing.

                     PART I--THE AGENCIES GENERALLY

Chap.                                                               Sec.
      Organization...................................................101
      Powers.........................................................301
      Administrative Procedure.......................................501
      The Analysis of Regulatory Functions...........................601
      Judicial Review................................................701
      Congressional Review of Agency Rulemaking......................801
      Executive Reorganization.......................................901

                        CHAPTER 1--ORGANIZATION

Sec.
101.    Executive departments.
102.    Military departments.
103.    Government corporation.
104.    Independent establishment.
105.    Executive agency.

Sec. 101. Executive departments

    The Executive departments are:
            The Department of State.
            The Department of the Treasury.
            The Department of Defense.
            The Department of Justice.
            The Department of the Interior.
            The Department of Agriculture.
            The Department of Commerce.
            The Department of Labor.
            The Department of Health and Human Services.
            The Department of Housing and Urban Development.
            The Department of Transportation.
            The Department of Energy.
            The Department of Education.
            The Department of Veterans Affairs.

Sec. 102. Military departments

    The military departments are:
            The Department of the Army.
            The Department of the Navy.
            The Department of the Air Force.

Sec. 103. Government corporation

    For the purpose of this title--
            (1) ``Government corporation'' means a corporation 
        owned or controlled by the Government of the United 
        States; and
            (2) ``Government controlled corporation'' does not 
        include a corporation owned by the Government of the 
        United States.

Sec. 104. Independent establishment

    For the purpose of this title, ``independent 
establishment'' means--
            (1) an establishment in the executive branch (other 
        than the United States Postal Service or the Postal 
        Rate Commission) which is not an Executive department, 
        military department, Government corporation, or part 
        thereof, or part of an independent establishment; and
            (2) the General Accounting Office.

Sec. 105. Executive agency

    For the purpose of this title, ``Executive agency'' means 
an Executive department, a Government corporation, and an 
independent establishment.


                           CHAPTER 3--POWERS

Sec.
301.    Departmental regulations.
302.    Delegation of authority.
303.    Oaths to witnesses.
304.    Subpenas.
305.    Systematic agency review of operations.
306.    Strategic plans.

Sec. 301. Departmental regulations

    The head of an Executive department or military department 
may prescribe regulations for the government of his department, 
the conduct of its employees, the distribution and performance 
of its business, and the custody, use, and preservation of its 
records, papers, and property. This section does not authorize 
withholding information from the public or limiting the 
availability of records to the public.

Sec. 302. Delegation of authority

    (a) For the purpose of this section, ``agency'' has the 
meaning given it by section 5721 of this title.
    (b) In addition to the authority to delegate conferred by 
other law, the head of an agency may delegate to subordinate 
officials the authority vested in him--
            (1) by law to take final action on matters 
        pertaining to the employment, direction, and general 
        administration of personnel under his agency; and
            (2) by section 3702 of title 44 to authorize the 
        publication of advertisements, notices, or proposals.

Sec. 303. Oaths to witnesses

    (a) An employee of an Executive department lawfully 
assigned to investigate frauds on or attempts to defraud the 
United States, or irregularity or misconduct of an employee or 
agent of the United States, may administer an oath to a witness 
attending to testify or depose in the course of the 
investigation.
    (b) An employee of the Department of Defense lawfully 
assigned to investigative duties may administer oaths to 
witnesses in connection with an official investigation.

Sec. 304. Subpenas

    (a) The head of an Executive department or military 
department or bureau thereof in which a claim against the 
United States is pending may apply to a judge or clerk of a 
court of the United States to issue a subpena for a witness 
within the jurisdiction of the court to appear at a time and 
place stated in the subpena before an individual authorized to 
take depositions to be used in the courts of the United States, 
to give full and true answers to such written interrogatories 
and cross-interrogatories as may be submitted with the 
application, or to be orally examined and cross-examined on the 
subject of the claim.
    (b) If a witness, after being served with a subpena, 
neglects or refuses to appear, or, appearing, refuses to 
testify, the judge of the district in which the subpena issued 
may proceed, on proper process, to enforce obedience to the 
subpena, or to punish for disobedience, in the same manner as a 
court of the United States may in case of process of subpena ad 
testificandum issued by the court.

Sec. 305. Systematic agency review of operations

    (a) For the purpose of this section, ``agency'' means an 
Executive agency, but does not include--
            (1) a Government controlled corporation;
            (2) the Tennessee Valley Authority;
            (3) the Alaska Railroad;
            (4) the Virgin Islands Corporation;
            (5) the Atomic Energy Commission;
            (6) the Central Intelligence Agency;
            (7) the Panama Canal Commission; or
            (8) the National Security Agency, Department of 
        Defense.
    (b) Under regulations prescribed and administered by the 
President, each agency shall review systematically the 
operations of each of its activities, functions, or 
organization units, on a continuing basis.
    (c) The purpose of the reviews includes--
            (1) determining the degree of efficiency and 
        economy in the operation of the agency's activities, 
        functions, or organization units;
            (2) identifying the units that are outstanding in 
        those respects; and
            (3) identifying the employees whose personal 
        efforts have caused their units to be outstanding in 
        efficiency and economy of operations.

Sec. 306. Strategic plans

    (a) No later than September 30, 1997, the head of each 
agency shall submit to the Director of the Office of Management 
and Budget and to the Congress a strategic plan for program 
activities. Such plan shall contain--
            (1) a comprehensive mission statement covering the 
        major functions and operations of the agency;
            (2) general goals and objectives, including 
        outcome-related goals and objectives, for the major 
        functions and operations of the agency;
            (3) a description of how the goals and objectives 
        are to be achieved, including a description of the 
        operational processes, skills and technology, and the 
        human, capital, information, and other resources 
        required to meet those goals and objectives;
            (4) a description of how the performance goals 
        included in the plan required by section 1115(a) of 
        title 31 shall be related to the general goals and 
        objectives in the strategic plan;
            (5) an identification of those key factors external 
        to the agency and beyond its control that could 
        significantly affect the achievement of the general 
        goals and objectives; and
            (6) a description of the program evaluations used 
        in establishing or revising general goals and 
        objectives, with a schedule for future program 
        evaluations.
    (b) The strategic plan shall cover a period of not less 
than five years forward from the fiscal year in which it is 
submitted. The strategic plan shall be updated and revised at 
least every three years, except that the strategic plan for the 
Department of Defense shall be updated and revised at least 
every four years.
    (c) The performance plan required by section 1115 of title 
31 shall be consistent with the agency's strategic plan. A 
performance plan may not be submitted for a fiscal year not 
covered by a current strategic plan under this section.
    (d) When developing a strategic plan, the agency shall 
consult with the Congress, and shall solicit and consider the 
views and suggestions of those entities potentially affected by 
or interested in such a plan.
    (e) The functions and activities of this section shall be 
considered to be inherently Governmental functions. The 
drafting of strategic plans under this section shall be 
performed only by Federal employees.
    (f) For purposes of this section the term ``agency'' means 
an Executive agency defined under section 105, but does not 
include the Central Intelligence Agency, the General Accounting 
Office, the Panama Canal Commission, the United States Postal 
Service, and the Postal Rate Commission.


                  CHAPTER 5--ADMINISTRATIVE PROCEDURE

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
500.    Administrative practice; general provisions.
501.    Advertising practice; restrictions.
502.    Administrative practice; Reserves and National Guardsmen.
503.    Witness fees and allowances.
504.    Costs and fees of parties.

                 SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

551.    Definitions.
552.    Public information; agency rules, opinions, orders, records, and 
          proceedings.
552a.   Records maintained on individuals.
552b.   Open meetings.
553.    Rule making.
554.    Adjudications.
555.    Ancillary matters.
556.    Hearings; presiding employees; powers and duties; burden of 
          proof; evidence; record as basis of decision.
557.    Initial decisions; conclusiveness; review by agency; submissions 
          by parties; contents of decisions; record.
558.    Imposition of sanctions; determination of applications for 
          licenses; suspension, revocation, and expiration of licenses.
559.    Effect on other laws; effect of subsequent statute.

          SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE \1\
---------------------------------------------------------------------------

    \1\ The items relating to sections 561-596 generally were added by 
section 4 of P.L. 102-354 (106 Stat. 945). These items probably should 
not have ``Sec.'' at the beginning. The items relating to sections 569 
and 570a were added by sections 11(b)(2) and 11(d)(2), respectively, of 
P.L. 104-320 (110 Stat. 3873, 3874). These items conform with the style 
of this table of sections.
---------------------------------------------------------------------------
Sec. 561. Purpose.
Sec. 562. Definitions.
Sec. 563. Determination of need for negotiated rulemaking committee.
Sec. 564. Publication of notice; applications for membership on 
committee.\2\
---------------------------------------------------------------------------
    \2\ Does not match section catchline.
---------------------------------------------------------------------------
Sec. 565. Establishment of committee.
Sec. 566. Conduct of committee activity.
Sec. 567. Termination of committee.
Sec. 568. Services, facilities, and payment of committee member 
          expenses.
569. Encouraging negotiated rulemaking.
Sec. 570. Judicial review.
570a. Authorization of appropriations.

     SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                       ADMINISTRATIVE PROCESS \1\

Sec. 571. Definitions.
Sec. 572. General authority.
Sec. 573. Neutrals.
Sec. 574. Confidentiality.
Sec. 575. Authorization of arbitration.
Sec. 576. Enforcement of arbitration agreements.
Sec. 577. Arbitrators.
Sec. 578. Authority of the arbitrator.
Sec. 579. Arbitration proceedings.
Sec. 580. Arbitration awards.
Sec. 581. Judicial review.
[Sec. 582. Repealed.]
Sec. 583. Support services.
584. Authorization of appropriations.

    SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES \1\
---------------------------------------------------------------------------

    \1\ The items relating to sections 561-596 generally were added by 
section 4 of P.L. 102-354 (106 Stat. 945). These items probably should 
not have ``Sec.'' at the beginning. The item relating to section 584 
was added by section 10(b) of P.L. 104-320 (110 Stat. 3873). This item 
conforms with the style of this table of sections.
---------------------------------------------------------------------------
Sec. 591. Purpose.
Sec. 592. Definitions.
Sec. 593. Administrative Conference of the United States.
Sec. 594. Powers and duties of the Conference.
Sec. 595. Organization of the Conference.
Sec. 596. Authorization of appropriations.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 500. Administrative practice; general provisions

    (a) For the purpose of this section--
            (1) ``agency'' has the meaning given it by section 
        551 of this title; and
            (2) ``State'' means a State, a territory or 
        possession of the United States including a 
        Commonwealth, or the District of Columbia.
    (b) An individual who is a member in good standing of the 
bar of the highest court of a State may represent a person 
before an agency on filing with the agency a written 
declaration that he is currently qualified as provided by this 
subsection and is authorized to represent the particular person 
in whose behalf he acts.
    (c) An individual who is duly qualified to practice as a 
certified public accountant in a State may represent a person 
before the Internal Revenue Service of the Treasury Department 
on filing with that agency a written declaration that he is 
currently qualified as provided by this subsection and is 
authorized to represent the particular person in whose behalf 
he acts.
    (d) This section does not--
            (1) grant or deny to an individual who is not 
        qualified as provided by subsection (b) or (c) of this 
        section the right to appear for or represent a person 
        before an agency or in an agency proceeding;
            (2) authorize or limit the discipline, including 
        disbarment, of individuals who appear in a 
        representative capacity before an agency;
            (3) authorize an individual who is a former 
        employee of an agency to represent a person before an 
        agency when the representation is prohibited by statute 
        or regulation; or
            (4) prevent an agency from requiring a power of 
        attorney as a condition to the settlement of a 
        controversy involving the payment of money.
    (e) Subsections (b)-(d) of this section do not apply to 
practice before the United States Patent and Trademark Office 
with respect to patent matters that continue to be covered by 
chapter 3 (sections 31-33) of title 35.
    (f) When a participant in a matter before an agency is 
represented by an individual qualified under subsection (b) or 
(c) of this section, a notice or other written communication 
required or permitted to be given the participant in the matter 
shall be given to the representative in addition to any other 
service specifically required by statute. When a participant is 
represented by more than one such qualified representative, 
service on any one of the representatives is sufficient.

Sec. 501. Advertising practice; restrictions

    An individual, firm, or corporation practicing before an 
agency of the United States may not use the name of a Member of 
either House of Congress or of an individual in the service of 
the United States in advertising the business.

Sec. 502. Administrative practice; Reserves and National Guardsmen

    Membership in a reserve component of the armed forces or in 
the National Guard does not prevent an individual from 
practicing his civilian profession or occupation before, or in 
connection with, an agency of the United States.

Sec. 503. Witness fees and allowances

    (a) For the purpose of this section, ``agency'' has the 
meaning given it by section 5721 of this title.
    (b) A witness is entitled to the fees and allowances 
allowed by statute for witnesses in the courts of the United 
States when--
            (1) he is subpenaed under section 304(a) of this 
        title; or
            (2) he is subpenaed to and appears at a hearing 
        before an agency authorized by law to hold hearings and 
        subpena witnesses to attend the hearings.

Sec. 504. Costs and fees of parties

    (a)(1) An agency that conducts an adversary adjudication 
shall award, to a prevailing party other than the United 
States, fees and other expenses incurred by that party in 
connection with that proceeding, unless the adjudicative 
officer of the agency finds that the position of the agency was 
substantially justified or that special circumstances make an 
award unjust. Whether or not the position of the agency was 
substantially justified shall be determined on the basis of the 
administrative record, as a whole, which is made in the 
adversary adjudication for which fees and other expenses are 
sought.
    (2) A party seeking an award of fees and other expenses 
shall, within thirty days of a final disposition in the 
adversary adjudication, submit to the agency an application 
which shows that the party is a prevailing party and is 
eligible to receive an award under this section, and the amount 
sought, including an itemized statement from any attorney, 
agent, or expert witness representing or appearing in behalf of 
the party stating the actual time expended and the rate at 
which fees and other expenses were computed. The party shall 
also allege that the position of the agency was not 
substantially justified. When the United States appeals the 
underlying merits of an adversary adjudication, no decision on 
an application for fees and other expenses in connection with 
that adversary adjudication shall be made under this section 
until a final and unreviewable decision is rendered by the 
court on the appeal or until the underlying merits of the case 
have been finally determined pursuant to the appeal.
    (3) The adjudicative officer of the agency may reduce the 
amount to be awarded, or deny an award, to the extent that the 
party during the course of the proceedings engaged in conduct 
which unduly and unreasonably protracted the final resolution 
of the matter in controversy. The decision of the adjudicative 
officer of the agency under this section shall be made a part 
of the record containing the final decision of the agency and 
shall include written findings and conclusions and the reason 
or basis therefor. The decision of the agency on the 
application for fees and other expenses shall be the final 
administrative decision under this section.
    (4) If, in an adversary adjudication arising from an agency 
action to enforce a party's compliance with a statutory or 
regulatory requirement, the demand by the agency is 
substantially in excess of the decision of the adjudicative 
officer and is unreasonable when compared with such decision, 
under the facts and circumstances of the case, the adjudicative 
officer shall award to the party the fees and other expenses 
related to defending against the excessive demand, unless the 
party has committed a willful violation of law or otherwise 
acted in bad faith, or special circumstances make an award 
unjust. Fees and expenses awarded under this paragraph shall be 
paid only as a consequence of appropriations provided in 
advance.
    (b)(1) For the purposes of this section--
            (A) ``fees and other expenses'' includes the 
        reasonable expenses of expert witnesses, the reasonable 
        cost of any study, analysis, engineering report, test, 
        or project which is found by the agency to be necessary 
        for the preparation of the party's case, and reasonable 
        attorney or agent fees (The amount of fees awarded 
        under this section shall be based upon prevailing 
        market rates for the kind and quality of the services 
        furnished, except that (i) no expert witness shall be 
        compensated at a rate in excess of the highest rate of 
        compensation for expert witnesses paid by the agency 
        involved, and (ii) attorney or agent fees shall not be 
        awarded in excess of $125 per hour unless the agency 
        determines by regulation that an increase in the cost 
        of living or a special factor, such as the limited 
        availability of qualified attorneys or agents for the 
        proceedings involved, justifies a higher fee.);
            (B) ``party'' means a party, as defined in section 
        551(3) of this title, who is (i) an individual whose 
        net worth did not exceed $2,000,000 at the time the 
        adversary adjudication was initiated, or (ii) any owner 
        of an unincorporated business, or any partnership, 
        corporation, association, unit of local government, or 
        organization, the net worth of which did not exceed 
        $7,000,000 at the time the adversary adjudication was 
        initiated, and which had not more than 500 employees at 
        the time the adversary adjudication was initiated; 
        except that an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1954 (26 
        U.S.C. 501(c)(3)) exempt from taxation under section 
        501(a) of such Code, or a cooperative association as 
        defined in section 15(a) of the Agricultural Marketing 
        Act (12 U.S.C. 1141j(a)), may be a party regardless of 
        the net worth of such organization or cooperative 
        association or for purposes of subsection (a)(4), a 
        small entity as defined in section 601;
            (C) ``adversary adjudication'' means (i) an 
        adjudication under section 554 of this title in which 
        the position of the United States is represented by 
        counsel or otherwise, but excludes an adjudication for 
        the purpose of establishing or fixing a rate or for the 
        purpose of granting or renewing a license, (ii) any 
        appeal of a decision made pursuant to section 6 of the 
        Contract Disputes Act of 1978 (41 U.S.C. 605) before an 
        agency board of contract appeals as provided in section 
        8 of that Act (41 U.S.C. 607), (iii) any hearing 
        conducted under chapter 38 of title 31, and (iv) the 
        Religious Freedom Restoration Act of 1993;
            (D) ``adjudicative officer'' means the deciding 
        official, without regard to whether the official is 
        designated as an administrative law judge, a hearing 
        officer or examiner, or otherwise, who presided at the 
        adversary adjudication;
            (E) ``position of the agency'' means, in addition 
        to the position taken by the agency in the adversary 
        adjudication, the action or failure to act by the 
        agency upon which the adversary adjudication is based; 
        except that fees and other expenses may not be awarded 
        to a party for any portion of the adversary 
        adjudication in which the party has unreasonably 
        protracted the proceedings; and
            (F) ``demand'' means the express demand of the 
        agency which led to the adversary adjudication, but 
        does not include a recitation by the agency of the 
        maximum statutory penalty (i) in the administrative 
        complaint, or (ii) elsewhere when accompanied by an 
        express demand for a lesser amount.
    (2) Except as otherwise provided in paragraph (1), the 
definitions provided in section 551 of this title apply to this 
section.
    (c)(1) After consultation with the Chairman of the 
Administrative Conference of the United States, each agency 
shall by rule establish uniform procedures for the submission 
and consideration of applications for an award of fees and 
other expenses. If a court reviews the underlying decision of 
the adversary adjudication, an award for fees and other 
expenses may be made only pursuant to section 2412(d)(3) of 
title 28, United States Code.
    (2) If a party other than the United States is dissatisfied 
with a determination of fees and other expenses made under 
subsection (a), that party may, within 30 days after the 
determination is made, appeal the determination to the court of 
the United States having jurisdiction to review the merits of 
the underlying decision of the agency adversary adjudication. 
The court's determination on any appeal heard under this 
paragraph shall be based solely on the factual record made 
before the agency. The court may modify the determination of 
fees and other expenses only if the court finds that the 
failure to make an award of fees and other expenses, or the 
calculation of the amount of the award, was unsupported by 
substantial evidence.
    (d) Fees and other expenses awarded under this subsection 
shall be paid by any agency over which the party prevails from 
any funds made available to the agency by appropriation or 
otherwise.
    (e) The Chairman of the Administrative Conference of the 
United States, after consultation with the Chief Counsel for 
Advocacy of the Small Business Administration, shall report 
annually to the Congress on the amount of fees and other 
expenses awarded during the preceding fiscal year pursuant to 
this section. The report shall describe the number, nature, and 
amount of the awards, the claims involved in the controversy, 
and any other relevant information which may aid the Congress 
in evaluating the scope and impact of such awards. Each agency 
shall provide the Chairman with such information as is 
necessary for the Chairman to comply with the requirements of 
this subsection.
    (f) No award may be made under this section for costs, 
fees, or other expenses which may be awarded under section 7430 
of the Internal Revenue Code of 1986.

                SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

Sec. 551. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means each authority of the 
        Government of the United States, whether or not it is 
        within or subject to review by another agency, but does 
        not include--
                    (A) the Congress;
                    (B) the courts of the United States;
                    (C) the governments of the territories or 
                possessions of the United States;
                    (D) the government of the District of 
                Columbia;
            or except as to the requirements of section 552 of 
        this title--
                    (E) agencies composed of representatives of 
                the parties or of representatives of 
                organizations of the parties to the disputes 
                determined by them;
                    (F) courts martial and military 
                commissions;
                    (G) military authority exercised in the 
                field in time of war or in occupied territory; 
                or
                    (H) functions conferred by sections 1738, 
                1739, 1743, and 1744 of title 12; chapter 2 of 
                title 41; subchapter II of chapter 471 of title 
                49; or sections 1884, 1891-1902, and former 
                section 1641(b)(2), of title 50, appendix;
            (2) ``person'' includes an individual, partnership, 
        corporation, association, or public or private 
        organization other than an agency;
            (3) ``party'' includes a person or agency named or 
        admitted as a party, or properly seeking and entitled 
        as of right to be admitted as a party, in an agency 
        proceeding, and a person or agency admitted by an 
        agency as a party for limited purposes;
            (4) ``rule'' means the whole or a part of an agency 
        statement of general or particular applicability and 
        future effect designed to implement, interpret, or 
        prescribe law or policy or describing the organization, 
        procedure, or practice requirements of an agency and 
        includes the approval or prescription for the future of 
        rates, wages, corporate or financial structures or 
        reorganizations thereof, prices, facilities, 
        appliances, services or allowances therefor or of 
        valuations, costs, or accounting, or practices bearing 
        on any of the foregoing;
            (5) ``rule making'' means agency process for 
        formulating, amending, or repealing a rule;
            (6) ``order'' means the whole or a part of a final 
        disposition, whether affirmative, negative, injunctive, 
        or declaratory in form, of an agency in a matter other 
        than rule making but including licensing;
            (7) ``adjudication'' means agency process for the 
        formulation of an order;
            (8) ``license'' includes the whole or a part of an 
        agency permit, certificate, approval, registration, 
        charter, membership, statutory exemption or other form 
        of permission;
            (9) ``licensing'' includes agency process 
        respecting the grant, renewal, denial, revocation, 
        suspension, annulment, withdrawal, limitation, 
        amendment, modification, or conditioning of a license;
            (10) ``sanction'' includes the whole or a part of 
        an agency--
                    (A) prohibition, requirement, limitation, 
                or other condition affecting the freedom of a 
                person;
                    (B) withholding of relief;
                    (C) imposition of penalty or fine;
                    (D) destruction, taking, seizure, or 
                withholding of property;
                    (E) assessment of damages, reimbursement, 
                restitution, compensation, costs, charges, or 
                fees;
                    (F) requirement, revocation, or suspension 
                of a license; or
                    (G) taking other compulsory or restrictive 
                action;
            (11) ``relief'' includes the whole or a part of an 
        agency--
                    (A) grant of money, assistance, license, 
                authority, exemption, exception, privilege, or 
                remedy;
                    (B) recognition of a claim, right, 
                immunity, privilege, exemption, or exception; 
                or
                    (C) taking of other action on the 
                application or petition of, and beneficial to, 
                a person;
            (12) ``agency proceeding'' means an agency process 
        as defined by paragraphs (5), (7), and (9) of this 
        section;
            (13) ``agency action'' includes the whole or a part 
        of an agency rule, order, license, sanction, relief, or 
        the equivalent or denial thereof, or failure to act; 
        and
            (14) ``ex parte communication'' means an oral or 
        written communication not on the public record with 
        respect to which reasonable prior notice to all parties 
        is not given, but it shall not include requests for 
        status reports on any matter or proceeding covered by 
        this subchapter.

Sec. 552. Public information; agency rules, opinions, orders, records, 
                    and proceedings

    (a) Each agency shall make available to the public 
information as follows:
    (1) Each agency shall separately state and currently 
publish in the Federal Register for the guidance of the 
public--
            (A) descriptions of its central and field 
        organization and the established places at which, the 
        employees (and in the case of a uniformed service, the 
        members) from whom, and the methods whereby, the public 
        may obtain information, make submittals or requests, or 
        obtain decisions;
            (B) statements of the general course and method by 
        which its functions are channeled and determined, 
        including the nature and requirements of all formal and 
        informal procedures available;
            (C) rules of procedure, descriptions of forms 
        available or the places at which forms may be obtained, 
        and instructions as to the scope and contents of all 
        papers, reports, or examinations;
            (D) substantive rules of general applicability 
        adopted as authorized by law, and statements of general 
        policy or interpretations of general applicability 
        formulated and adopted by the agency; and
            (E) each amendment, revision, or repeal of the 
        foregoing.
Except to the extent that a person has actual and timely notice 
of the terms thereof, a person may not in any manner be 
required to resort to, or be adversely affected by, a matter 
required to be published in the Federal Register and not so 
published. For the purpose of this paragraph, matter reasonably 
available to the class of persons affected thereby is deemed 
published in the Federal Register when incorporated by 
reference therein with the approval of the Director of the 
Federal Register.
    (2) Each agency, in accordance with published rules, shall 
make available for public inspection and copying--
            (A) final opinions, including concurring and 
        dissenting opinions, as well as orders, made in the 
        adjudication of cases;
            (B) those statements of policy and interpretations 
        which have been adopted by the agency and are not 
        published in the Federal Register;
            (C) administrative staff manuals and instructions 
        to staff that affect a member of the public;
            (D) copies of all records, regardless of form or 
        format, which have been released to any person under 
        paragraph (3) and which, because of the nature of their 
        subject matter, the agency determines have become or 
        are likely to become the subject of subsequent requests 
        for substantially the same records; and
            (E) a general index of the records referred to 
        under subparagraph (D);
unless the materials are promptly published and copies offered 
for sale. For records created on or after November 1, 1996, 
within one year after such date, each agency shall make such 
records available, including by computer telecommunications or, 
if computer telecommunications means have not been established 
by the agency, by other electronic means. To the extent 
required to prevent a clearly unwarranted invasion of personal 
privacy, an agency may delete identifying details when it makes 
available or publishes an opinion, statement of policy, 
interpretation, staff manual, instruction, or copies of records 
referred to in subparagraph (D). However, in each case the 
justification for the deletion shall be explained fully in 
writing, and the extent of such deletion shall be indicated on 
the portion of the record which is made available or published, 
unless including that indication would harm an interest 
protected by the exemption in subsection (b) under which the 
deletion is made. If technically feasible, the extent of the 
deletion shall be indicated at the place in the record where 
the deletion was made. Each agency shall also maintain and make 
available for public inspection and copying current indexes 
providing identifying information for the public as to any 
matter issued, adopted, or promulgated after July 4, 1967, and 
required by this paragraph to be made available or published. 
Each agency shall promptly publish, quarterly or more 
frequently, and distribute (by sale or otherwise) copies of 
each index or supplements thereto unless it determines by order 
published in the Federal Register that the publication would be 
unnecessary and impracticable, in which case the agency shall 
nonetheless provide copies of such index on request at a cost 
not to exceed the direct cost of duplication. Each agency shall 
make the index referred to in subparagraph (E) available by 
computer telecommunications by December 31, 1999. A final 
order, opinion, statement of policy, interpretation, or staff 
manual or instruction that affects a member of the public may 
be relied on, used, or cited as precedent by an agency against 
a party other than an agency only if--
            (i) it has been indexed and either made available 
        or published as provided by this paragraph; or
            (ii) the party has actual and timely notice of the 
        terms thereof.
    (3)(A) Except with respect to the records made available 
under paragraphs (1) and (2) of this subsection, each agency, 
upon any request for records which (i) reasonably describes 
such records and (ii) is made in accordance with published 
rules stating the time, place, fees (if any), and procedures to 
be followed, shall make the records promptly available to any 
person.
    (B) In making any record available to a person under this 
paragraph, an agency shall provide the record in any form or 
format requested by the person if the record is readily 
reproducible by the agency in that form or format. Each agency 
shall make reasonable efforts to maintain its records in forms 
or formats that are reproducible for purposes of this section.
    (C) In responding under this paragraph to a request for 
records, an agency shall make reasonable efforts to search for 
the records in electronic form or format, except when such 
efforts would significantly interfere with the operation of the 
agency's automated information system.
    (D) For purposes of this paragraph, the term ``search'' 
means to review, manually or by automated means, agency records 
for the purpose of locating those records which are responsive 
to a request.
    (4)(A)(i) In order to carry out the provisions of this 
section, each agency shall promulgate regulations, pursuant to 
notice and receipt of public comment, specifying the schedule 
of fees applicable to the processing of requests under this 
section and establishing procedures and guidelines for 
determining when such fees should be waived or reduced. Such 
schedule shall conform to the guidelines which shall be 
promulgated, pursuant to notice and receipt of public comment, 
by the Director of the Office of Management and Budget and 
which shall provide for a uniform schedule of fees for all 
agencies.
    (ii) Such agency regulations shall provide that--
            (I) fees shall be limited to reasonable standard 
        charges for document search, duplication, and review, 
        when records are requested for commercial use;
            (II) fees shall be limited to reasonable standard 
        charges for document duplication when records are not 
        sought for commercial use and the request is made by an 
        educational or noncommercial scientific institution, 
        whose purpose is scholarly or scientific research; or a 
        representative of the news media; and
            (III) for any request not described in (I) or (II), 
        fees shall be limited to reasonable standard charges 
        for document search and duplication.
    (iii) Documents shall be furnished without any charge or at 
a charge reduced below the fees established under clause (ii) 
if disclosure of the information is in the public interest 
because it is likely to contribute significantly to public 
understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the 
requester.
    (iv) Fee schedules shall provide for the recovery of only 
the direct costs of search, duplication, or review. Review 
costs shall include only the direct costs incurred during the 
initial examination of a document for the purposes of 
determining whether the documents must be disclosed under this 
section and for the purposes of withholding any portions exempt 
from disclosure under this section. Review costs may not 
include any costs incurred in resolving issues of law or policy 
that may be raised in the course of processing a request under 
this section. No fee may be charged by any agency under this 
section--
            (I) if the costs of routine collection and 
        processing of the fee are likely to equal or exceed the 
        amount of the fee; or
            (II) for any request described in clause (ii) (II) 
        or (III) of this subparagraph for the first two hours 
        of search time or for the first one hundred pages of 
        duplication.
    (v) No agency may require advance payment of any fee unless 
the requester has previously failed to pay fees in a timely 
fashion, or the agency has determined that the fee will exceed 
$250.
    (vi) Nothing in this subparagraph shall supersede fees 
chargeable under a statute specifically providing for setting 
the level of fees for particular types of records.
    (vii) In any action by a requester regarding the waiver of 
fees under this section, the court shall determine the matter 
de novo: Provided, That the court's review of the matter shall 
be limited to the record before the agency.
    (B) On complaint, the district court of the United States 
in the district in which the complainant resides, or has his 
principal place of business, or in which the agency records are 
situated, or in the District of Columbia, has jurisdiction to 
enjoin the agency from withholding agency records and to order 
the production of any agency records improperly withheld from 
the complainant. In such a case the court shall determine the 
matter de novo, and may examine the contents of such agency 
records in camera to determine whether such records or any part 
thereof shall be withheld under any of the exemptions set forth 
in subsection (b) of this section, and the burden is on the 
agency to sustain its action. In addition to any other matters 
to which a court accords substantial weight, a court shall 
accord substantial weight to an affidavit of an agency 
concerning the agency's determination as to technical 
feasibility under paragraph (2)(C) and subsection (b) and 
reproducibility under paragraph (3)(B).
    (C) Notwithstanding any other provision of law, the 
defendant shall serve an answer or otherwise plead to any 
complaint made under this subsection within thirty days after 
service upon the defendant of the pleading in which such 
complaint is made, unless the court otherwise directs for good 
cause shown.
    [(D) Repealed.]
    (E) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this section in which the 
complainant has substantially prevailed.
    (F) Whenever the court orders the production of any agency 
records improperly withheld from the complainant and assesses 
against the United States reasonable attorney fees and other 
litigation costs, and the court additionally issues a written 
finding that the circumstances surrounding the withholding 
raise questions whether agency personnel acted arbitrarily or 
capriciously with respect to the withholding, the Special 
Counsel shall promptly initiate a proceeding to determine 
whether disciplinary action is warranted against the officer or 
employee who was primarily responsible for the withholding. The 
Special Counsel, after investigation and consideration of the 
evidence submitted, shall submit his findings and 
recommendations to the administrative authority of the agency 
concerned and shall send copies of the findings and 
recommendations to the officer or employee or his 
representative. The administrative authority shall take the 
corrective action that the Special Counsel recommends.
    (G) In the event of noncompliance with the order of the 
court, the district court may punish for contempt the 
responsible employee, and in the case of a uniformed service, 
the responsible member.
    (5) Each agency having more than one member shall maintain 
and make available for public inspection a record of the final 
votes of each member in every agency proceeding.
    (6)(A) Each agency, upon any request for records made under 
paragraph (1), (2), or (3) of this subsection, shall--
            (i) determine within 20 days (excepting Saturdays, 
        Sundays, and legal public holidays) after the receipt 
        of any such request whether to comply with such request 
        and shall immediately notify the person making such 
        request of such determination and the reasons therefor, 
        and of the right of such person to appeal to the head 
        of the agency any adverse determination; and
            (ii) make a determination with respect to any 
        appeal within twenty days (excepting Saturdays, 
        Sundays, and legal public holidays) after the receipt 
        of such appeal. If on appeal the denial of the request 
        for records is in whole or in part upheld, the agency 
        shall notify the person making such request of the 
        provisions for judicial review of that determination 
        under paragraph (4) of this subsection.
    (B)(i) In unusual circumstances as specified in this 
subparagraph, the time limits prescribed in either clause (i) 
or clause (ii) of subparagraph (A) may be extended by written 
notice to the person making such request setting forth the 
unusual circumstances for such extension and the date on which 
a determination is expected to be dispatched. No such notice 
shall specify a date that would result in an extension for more 
than ten working days, except as provided in clause (ii) of 
this subparagraph.
    (ii) With respect to a request for which a written notice 
under clause (i) extends the time limits prescribed under 
clause (i) of subparagraph (A), the agency shall notify the 
person making the request if the request cannot be processed 
within the time limit specified in that clause and shall 
provide the person an opportunity to limit the scope of the 
request so that it may be processed within that time limit or 
an opportunity to arrange with the agency an alternative time 
frame for processing the request or a modified request. Refusal 
by the person to reasonably modify the request or arrange such 
an alternative time frame shall be considered as a factor in 
determining whether exceptional circumstances exist for 
purposes of subparagraph (C).
    (iii) As used in this subparagraph, ``unusual 
circumstances'' means, but only to the extent reasonably 
necessary to the proper processing of the particular requests--
            (I) the need to search for and collect the 
        requested records from field facilities or other 
        establishments that are separate from the office 
        processing the request;
            (II) the need to search for, collect, and 
        appropriately examine a voluminous amount of separate 
        and distinct records which are demanded in a single 
        request; or
            (III) the need for consultation, which shall be 
        conducted with all practicable speed, with another 
        agency having a substantial interest in the 
        determination of the request or among two or more 
        components of the agency having substantial subject-
        matter interest therein.
    (iv) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for the 
aggregation of certain requests by the same requestor, or by a 
group of requestors acting in concert, if the agency reasonably 
believes that such requests actually constitute a single 
request, which would otherwise satisfy the unusual 
circumstances specified in this subparagraph, and the requests 
involve clearly related matters. Multiple requests involving 
unrelated matters shall not be aggregated.
    (C)(i) Any person making a request to any agency for 
records under paragraph (1), (2), or (3) of this subsection 
shall be deemed to have exhausted his administrative remedies 
with respect to such request if the agency fails to comply with 
the applicable time limit provisions of this paragraph. If the 
Government can show exceptional circumstances exist and that 
the agency is exercising due diligence in responding to the 
request, the court may retain jurisdiction and allow the agency 
additional time to complete its review of the records. Upon any 
determination by an agency to comply with a request for 
records, the records shall be made promptly available to such 
person making such request. Any notification of denial of any 
request for records under this subsection shall set forth the 
names and titles or positions of each person responsible for 
the denial of such request.
    (ii) For purposes of this subparagraph, the term 
``exceptional circumstances'' does not include a delay that 
results from a predictable agency workload of requests under 
this section, unless the agency demonstrates reasonable 
progress in reducing its backlog of pending requests.
    (iii) Refusal by a person to reasonably modify the scope of 
a request or arrange an alternative time frame for processing a 
request (or a modified request) under clause (ii) after being 
given an opportunity to do so by the agency to whom the person 
made the request shall be considered as a factor in determining 
whether exceptional circumstances exist for purposes of this 
subparagraph.
    (D)(i) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for multitrack 
processing of requests for records based on the amount of work 
or time (or both) involved in processing requests.
    (ii) Regulations under this subparagraph may provide a 
person making a request that does not qualify for the fastest 
multitrack processing an opportunity to limit the scope of the 
request in order to qualify for faster processing.
    (iii) This subparagraph shall not be considered to affect 
the requirement under subparagraph (C) to exercise due 
diligence.
    (E)(i) Each agency shall promulgate regulations, pursuant 
to notice and receipt of public comment, providing for 
expedited processing of requests for records--
            (I) in cases in which the person requesting the 
        records demonstrates a compelling need; and
            (II) in other cases determined by the agency.
    (ii) Notwithstanding clause (i), regulations under this 
subparagraph must ensure--
            (I) that a determination of whether to provide 
        expedited processing shall be made, and notice of the 
        determination shall be provided to the person making 
        the request, within 10 days after the date of the 
        request; and
            (II) expeditious consideration of administrative 
        appeals of such determinations of whether to provide 
        expedited processing.
    (iii) An agency shall process as soon as practicable any 
request for records to which the agency has granted expedited 
processing under this subparagraph. Agency action to deny or 
affirm denial of a request for expedited processing pursuant to 
this subparagraph, and failure by an agency to respond in a 
timely manner to such a request shall be subject to judicial 
review under paragraph (4), except that the judicial review 
shall be based on the record before the agency at the time of 
the determination.
    (iv) A district court of the United States shall not have 
jurisdiction to review an agency denial of expedited processing 
of a request for records after the agency has provided a 
complete response to the request.
    (v) For purposes of this subparagraph, the term 
``compelling need'' means--
            (I) that a failure to obtain requested records on 
        an expedited basis under this paragraph could 
        reasonably be expected to pose an imminent threat to 
        the life or physical safety of an individual; or
            (II) with respect to a request made by a person 
        primarily engaged in disseminating information, urgency 
        to inform the public concerning actual or alleged 
        Federal Government activity.
    (vi) A demonstration of a compelling need by a person 
making a request for expedited processing shall be made by a 
statement certified by such person to be true and correct to 
the best of such person's knowledge and belief.
    (F) In denying a request for records, in whole or in part, 
an agency shall make a reasonable effort to estimate the volume 
of any requested matter the provision of which is denied, and 
shall provide any such estimate to the person making the 
request, unless providing such estimate would harm an interest 
protected by the exemption in subsection (b) pursuant to which 
the denial is made.
    (b) This section does not apply to matters that are--
            (1)(A) specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy and 
        (B) are in fact properly classified pursuant to such 
        Executive order;
            (2) related solely to the internal personnel rules 
        and practices of an agency;
            (3) specifically exempted from disclosure by 
        statute (other than section 552b of this title), 
        provided that such statute (A) requires that the 
        matters be withheld from the public in such a manner as 
        to leave no discretion on the issue, or (B) establishes 
        particular criteria for withholding or refers to 
        particular types of matters to be withheld;
            (4) trade secrets and commercial or financial 
        information obtained from a person and privileged or 
        confidential;
            (5) inter-agency or intra-agency memorandums or 
        letters which would not be available by law to a party 
        other than an agency in litigation with the agency;
            (6) personnel and medical files and similar files 
        the disclosure of which would constitute a clearly 
        unwarranted invasion of personal privacy;
            (7) records or information compiled for law 
        enforcement purposes, but only to the extent that the 
        production of such law enforcement records or 
        information (A) could reasonably be expected to 
        interfere with enforcement proceedings, (B) would 
        deprive a person of a right to a fair trial or an 
        impartial adjudication, (C) could reasonably be 
        expected to constitute an unwarranted invasion of 
        personal privacy, (D) could reasonably be expected to 
        disclose the identity of a confidential source, 
        including a State, local, or foreign agency or 
        authority or any private institution which furnished 
        information on a confidential basis, and, in the case 
        of a record or information compiled by criminal law 
        enforcement authority in the course of a criminal 
        investigation or by an agency conducting a lawful 
        national security intelligence investigation, 
        information furnished by a confidential source, (E) 
        would disclose techniques and procedures for law 
        enforcement investigations or prosecutions, or would 
        disclose guidelines for law enforcement investigations 
        or prosecutions if such disclosure could reasonably be 
        expected to risk circumvention of the law, or (F) could 
        reasonably be expected to endanger the life or physical 
        safety of any individual;
            (8) contained in or related to examination, 
        operating, or condition reports prepared by, on behalf 
        of, or for the use of an agency responsible for the 
        regulation or supervision of financial institutions; or
            (9) geological and geophysical information and 
        data, including maps, concerning wells.
Any reasonably segregable portion of a record shall be provided 
to any person requesting such record after deletion of the 
portions which are exempt under this subsection. The amount of 
information deleted shall be indicated on the released portion 
of the record, unless including that indication would harm an 
interest protected by the exemption in this subsection under 
which the deletion is made. If technically feasible, the amount 
of the information deleted shall be indicated at the place in 
the record where such deletion is made.
    (c)(1) Whenever a request is made which involves access to 
records described in subsection (b)(7)(A) and--
            (A) the investigation or proceeding involves a 
        possible violation of criminal law; and
            (B) there is reason to believe that (i) the subject 
        of the investigation or proceeding is not aware of its 
        pendency, and (ii) disclosure of the existence of the 
        records could reasonably be expected to interfere with 
        enforcement proceedings,
the agency may, during only such time as that circumstance 
continues, treat the records as not subject to the requirements 
of this section.
    (2) Whenever informant records maintained by a criminal law 
enforcement agency under an informant's name or personal 
identifier are requested by a third party according to the 
informant's name or personal identifier, the agency may treat 
the records as not subject to the requirements of this section 
unless the informant's status as an informant has been 
officially confirmed.
    (3) Whenever a request is made which involves access to 
records maintained by the Federal Bureau of Investigation 
pertaining to foreign intelligence or counterintelligence, or 
international terrorism, and the existence of the records is 
classified information as provided in subsection (b)(1), the 
Bureau may, as long as the existence of the records remains 
classified information, treat the records as not subject to the 
requirements of this section.
    (d) This section does not authorize withholding of 
information or limit the availability of records to the public, 
except as specifically stated in this section. This section is 
not authority to withhold information from Congress.
    (e)(1) On or before February 1 of each year, each agency 
shall submit to the Attorney General of the United States a 
report which shall cover the preceding fiscal year and which 
shall include--
            (A) the number of determinations made by the agency 
        not to comply with requests for records made to such 
        agency under subsection (a) and the reasons for each 
        such determination;
            (B)(i) the number of appeals made by persons under 
        subsection (a)(6), the result of such appeals, and the 
        reason for the action upon each appeal that results in 
        a denial of information; and
            (ii) a complete list of all statutes that the 
        agency relies upon to authorize the agency to withhold 
        information under subsection (b)(3), a description of 
        whether a court has upheld the decision of the agency 
        to withhold information under each such statute, and a 
        concise description of the scope of any information 
        withheld;
            (C) the number of requests for records pending 
        before the agency as of September 30 of the preceding 
        year, and the median number of days that such requests 
        had been pending before the agency as of that date;
            (D) the number of requests for records received by 
        the agency and the number of requests which the agency 
        processed;
            (E) the median number of days taken by the agency 
        to process different types of requests;
            (F) the total amount of fees collected by the 
        agency for processing requests; and
            (G) the number of full-time staff of the agency 
        devoted to processing requests for records under this 
        section, and the total amount expended by the agency 
        for processing such requests.
    (2) Each agency shall make each such report available to 
the public including by computer telecommunications, or if 
computer telecommunications means have not been established by 
the agency, by other electronic means.
    (3) The Attorney General of the United States shall make 
each report which has been made available by electronic means 
available at a single electronic access point. The Attorney 
General of the United States shall notify the Chairman and 
ranking minority member of the Committee on Government Reform 
and Oversight of the House of Representatives and the Chairman 
and ranking minority member of the Committees on Governmental 
Affairs and the Judiciary of the Senate, no later than April 1 
of the year in which each such report is issued, that such 
reports are available by electronic means.
    (4) The Attorney General of the United States, in 
consultation with the Director of the Office of Management and 
Budget, shall develop reporting and performance guidelines in 
connection with reports required by this subsection by October 
1, 1997, and may establish additional requirements for such 
reports as the Attorney General determines may be useful.
    (5) The Attorney General of the United States shall submit 
an annual report on or before April 1 of each calendar year 
which shall include for the prior calendar year a listing of 
the number of cases arising under this section, the exemption 
involved in each case, the disposition of such case, and the 
cost, fees, and penalties assessed under subparagraphs (E), 
(F), and (G) of subsection (a)(4). Such report shall also 
include a description of the efforts undertaken by the 
Department of Justice to encourage agency compliance with this 
section.
    (f) For purposes of this section, the term--
            (1) ``agency'' as defined in section 551(1) of this 
        title includes any executive department, military 
        department, Government corporation, Government 
        controlled corporation, or other establishment in the 
        executive branch of the Government (including the 
        Executive Office of the President), or any independent 
        regulatory agency; and
            (2) ``record'' and any other term used in this 
        section in reference to information includes any 
        information that would be an agency record subject to 
        the requirements of this section when maintained by an 
        agency in any format, including an electronic format.
    (g) The head of each agency shall prepare and make publicly 
available upon request, reference material or a guide for 
requesting records or information from the agency, subject to 
the exemptions in subsection (b), including--
            (1) an index of all major information systems of 
        the agency;
            (2) a description of major information and record 
        locator systems maintained by the agency; and
            (3) a handbook for obtaining various types and 
        categories of public information from the agency 
        pursuant to chapter 35 of title 44, and under this 
        section.

Sec. 552a. Records maintained on individuals

    (a) Definitions.--For purposes of this section--
            (1) the term ``agency'' means agency as defined in 
        section 552(e) \1\ of this title;
---------------------------------------------------------------------------
    \1\ Reference probably should be to ``552(f)''. Section 1802(b) of 
P.L. 99-570 (100 Stat. 3207-49) redesignated subsection (e) of section 
552 as (f).
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            (2) the term ``individual'' means a citizen of the 
        United States or an alien lawfully admitted for 
        permanent residence;
            (3) the term ``maintain'' includes maintain, 
        collect, use, or disseminate;
            (4) the term ``record'' means any item, collection, 
        or grouping of information about an individual that is 
        maintained by an agency, including, but not limited to, 
        his education, financial transactions, medical history, 
        and criminal or employment history and that contains 
        his name, or the identifying number, symbol, or other 
        identifying particular assigned to the individual, such 
        as a finger or voice print or a photograph;
            (5) the term ``system of records'' means a group of 
        any records under the control of any agency from which 
        information is retrieved by the name of the individual 
        or by some identifying number, symbol, or other 
        identifying particular assigned to the individual;
            (6) the term ``statistical record'' means a record 
        in a system of records maintained for statistical 
        research or reporting purposes only and not used in 
        whole or in part in making any determination about an 
        identifiable individual, except as provided by section 
        8 of title 13;
            (7) the term ``routine use'' means, with respect to 
        the disclosure of a record, the use of such record for 
        a purpose which is compatible with the purpose for 
        which it was collected;
            (8) the term ``matching program''--
                    (A) means any computerized comparison of--
                            (i) two or more automated systems 
                        of records or a system of records with 
                        non-Federal records for the purpose 
                        of--
                                    (I) establishing or 
                                verifying the eligibility of, 
                                or continuing compliance with 
                                statutory and regulatory 
                                requirements by, applicants 
                                for, recipients or 
                                beneficiaries of, participants 
                                in, or providers of services 
                                with respect to, cash or in-
                                kind assistance or payments 
                                under Federal benefit programs, 
                                or
                                    (II) recouping payments or 
                                delinquent debts under such 
                                Federal benefit programs, or
                            (ii) two or more automated Federal 
                        personnel or payroll systems of records 
                        or a system of Federal personnel or 
                        payroll records with non-Federal 
                        records,
                    (B) but does not include--
                            (i) matches performed to produce 
                        aggregate statistical data without any 
                        personal identifiers;
                            (ii) matches performed to support 
                        any research or statistical project, 
                        the specific data of which may not be 
                        used to make decisions concerning the 
                        rights, benefits, or privileges of 
                        specific individuals;
                            (iii) matches performed, by an 
                        agency (or component thereof) which 
                        performs as its principal function any 
                        activity pertaining to the enforcement 
                        of criminal laws, subsequent to the 
                        initiation of a specific criminal or 
                        civil law enforcement investigation of 
                        a named person or persons for the 
                        purpose of gathering evidence against 
                        such person or persons;
                            (iv) matches of tax information (I) 
                        pursuant to section 6103(d) of the 
                        Internal Revenue Code of 1986, (II) for 
                        purposes of tax administration as 
                        defined in section 6103(b)(4) of such 
                        Code, (III) for the purpose of 
                        intercepting a tax refund due an 
                        individual under authority granted by 
                        section 404(e), 464, or 1137 of the 
                        Social Security Act; or (IV) for the 
                        purpose of intercepting a tax refund 
                        due an individual under any other tax 
                        refund intercept program authorized by 
                        statute which has been determined by 
                        the Director of the Office of 
                        Management and Budget to contain 
                        verification, notice, and hearing 
                        requirements that are substantially 
                        similar to the procedures in section 
                        1137 of the Social Security Act;
                            (v) matches--
                                    (I) using records 
                                predominantly relating to 
                                Federal personnel, that are 
                                performed for routine 
                                administrative purposes 
                                (subject to guidance provided 
                                by the Director of the Office 
                                of Management and Budget 
                                pursuant to subsection (v)); or
                                    (II) conducted by an agency 
                                using only records from systems 
                                of records maintained by that 
                                agency;
                        if the purpose of the match is not to 
                        take any adverse financial, personnel, 
                        disciplinary, or other adverse action 
                        against Federal personnel;
                            (vi) matches performed for foreign 
                        counterintelligence purposes or to 
                        produce background checks for security 
                        clearances of Federal personnel or 
                        Federal contractor personnel;
                            (vii) matches performed incident to 
                        a levy described in section 6103(k)(8) 
                        of the Internal Revenue Code of 1986; 
                        or
                            (viii) matches performed pursuant 
                        to section 202(x)(3) or 1611(e)(1) of 
                        the Social Security Act (42 U.S.C. 
                        402(x)(3), 1382(e)(1));
            (9) the term ``recipient agency'' means any agency, 
        or contractor thereof, receiving records contained in a 
        system of records from a source agency for use in a 
        matching program;
            (10) the term ``non-Federal agency'' means any 
        State or local government, or agency thereof, which 
        receives records contained in a system of records from 
        a source agency for use in a matching program;
            (11) the term ``source agency'' means any agency 
        which discloses records contained in a system of 
        records to be used in a matching program, or any State 
        or local government, or agency thereof, which discloses 
        records to be used in a matching program;
            (12) the term ``Federal benefit program'' means any 
        program administered or funded by the Federal 
        Government, or by any agent or State on behalf of the 
        Federal Government, providing cash or in-kind 
        assistance in the form of payments, grants, loans, or 
        loan guarantees to individuals; and
            (13) the term ``Federal personnel'' means officers 
        and employees of the Government of the United States, 
        members of the uniformed services (including members of 
        the Reserve Components), individuals entitled to 
        receive immediate or deferred retirement benefits under 
        any retirement program of the Government of the United 
        States (including survivor benefits).
    (b) Conditions of Disclosure.--No agency shall disclose any 
record which is contained in a system of records by any means 
of communication to any person, or to another agency, except 
pursuant to a written request by, or with the prior written 
consent of, the individual to whom the record pertains, unless 
disclosure of the record would be--
            (1) to those officers and employees of the agency 
        which maintains the record who have a need for the 
        record in the performance of their duties;
            (2) required under section 552 of this title;
            (3) for a routine use as defined in subsection 
        (a)(7) of this section and described under subsection 
        (e)(4)(D) of this section;
            (4) to the Bureau of the Census for purposes of 
        planning or carrying out a census or survey or related 
        activity pursuant to the provisions of title 13;
            (5) to a recipient who has provided the agency with 
        advance adequate written assurance that the record will 
        be used solely as a statistical research or reporting 
        record, and the record is to be transferred in a form 
        that is not individually identifiable;
            (6) to the National Archives and Records 
        Administration as a record which has sufficient 
        historical or other value to warrant its continued 
        preservation by the United States Government, or for 
        evaluation by the Archivist of the United States or the 
        designee of the Archivist to determine whether the 
        record has such value;
            (7) to another agency or to an instrumentality of 
        any governmental jurisdiction within or under the 
        control of the United States for a civil or criminal 
        law enforcement activity if the activity is authorized 
        by law, and if the head of the agency or 
        instrumentality has made a written request to the 
        agency which maintains the record specifying the 
        particular portion desired and the law enforcement 
        activity for which the record is sought;
            (8) to a person pursuant to a showing of compelling 
        circumstances affecting the health or safety of an 
        individual if upon such disclosure notification is 
        transmitted to the last known address of such 
        individual;
            (9) to either House of Congress, or, to the extent 
        of matter within its jurisdiction, any committee or 
        subcommittee thereof, \1\ any joint committee of 
        Congress or subcommittee of any such joint committee;
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    \1\ So in law; ``thereof,'' should probably be ``thereof or''.
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            (10) to the Comptroller General, or any of his 
        authorized representatives, in the course of the 
        performance of the duties of the General Accounting 
        Office;
            (11) pursuant to the order of a court of competent 
        jurisdiction; and \2\
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    \2\ So in law. Probably should be ``; or''.
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            (12) to a consumer reporting agency in accordance 
        with section 3711(e) of title 31.
    (c) Accounting of Certain Disclosures.--Each agency, with 
respect to each system of records under its control shall--
            (1) except for disclosures made under subsections 
        (b)(1) or (b)(2) of this section, keep an accurate 
        accounting of--
                    (A) the date, nature, and purpose of each 
                disclosure of a record to any person or to 
                another agency made under subsection (b) of 
                this section; and
                    (B) the name and address of the person or 
                agency to whom the disclosure is made;
            (2) retain the accounting made under paragraph (1) 
        of this subsection for at least five years or the life 
        of the record, whichever is longer, after the 
        disclosure for which the accounting is made;
            (3) except for disclosures made under subsection 
        (b)(7) of this section, make the accounting made under 
        paragraph (1) of this subsection available to the 
        individual named in the record at his request; and
            (4) inform any person or other agency about any 
        correction or notation of dispute made by the agency in 
        accordance with subsection (d) of this section of any 
        record that has been disclosed to the person or agency 
        if an accounting of the disclosure was made.
    (d) Access to Records.--Each agency that maintains a system 
of records shall--
            (1) upon request by any individual to gain access 
        to his record or to any information pertaining to him 
        which is contained in the system, permit him and upon 
        his request, a person of his own choosing to accompany 
        him, to review the record and have a copy made of all 
        or any portion thereof in a form comprehensible to him, 
        except that the agency may require the individual to 
        furnish a written statement authorizing discussion of 
        that individual's record in the accompanying person's 
        presence;
            (2) permit the individual to request amendment of a 
        record pertaining to him and--
                    (A) not later than 10 days (excluding 
                Saturdays, Sundays, and legal public holidays) 
                after the date of receipt of such request, 
                acknowledge in writing such receipt; and
                    (B) promptly, either--
                            (i) make any correction of any 
                        portion thereof which the individual 
                        believes is not accurate, relevant, 
                        timely, or complete; or
                            (ii) inform the individual of its 
                        refusal to amend the record in 
                        accordance with his request, the reason 
                        for the refusal, the procedures 
                        established by the agency for the 
                        individual to request a review of that 
                        refusal by the head of the agency or an 
                        officer designated by the head of the 
                        agency, and the name and business 
                        address of that official;
            (3) permit the individual who disagrees with the 
        refusal of the agency to amend his record to request a 
        review of such refusal, and not later than 30 days 
        (excluding Saturdays, Sundays, and legal public 
        holidays) from the date on which the individual 
        requests such review, complete such review and make a 
        final determination unless, for good cause shown, the 
        head of the agency extends such 30-day period; and if, 
        after his review, the reviewing official also refuses 
        to amend the record in accordance with the request, 
        permit the individual to file with the agency a concise 
        statement setting forth the reasons for his 
        disagreement with the refusal of the agency, and notify 
        the individual of the provisions for judicial review of 
        the reviewing official's determination under subsection 
        (g)(1)(A) of this section;
            (4) in any disclosure, containing information about 
        which the individual has filed a statement of 
        disagreement, occurring after the filing of the 
        statement under paragraph (3) of this subsection, 
        clearly note any portion of the record which is 
        disputed and provide copies of the statement and, if 
        the agency deems it appropriate, copies of a concise 
        statement of the reasons of the agency for not making 
        the amendments requested, to persons or other agencies 
        to whom the disputed record has been disclosed; and
            (5) nothing in this section shall allow an 
        individual access to any information compiled in 
        reasonable anticipation of a civil action or 
        proceeding. \1\
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    \1\ So in law. Paragraph (5) should probably be a separate 
sentence.
---------------------------------------------------------------------------
    (e) Agency Requirements.--Each agency that maintains a 
system of records shall--
            (1) maintain in its records only such information 
        about an individual as is relevant and necessary to 
        accomplish a purpose of the agency required to be 
        accomplished by statute or by executive order of the 
        President;
            (2) collect information to the greatest extent 
        practicable directly from the subject individual when 
        the information may result in adverse determinations 
        about an individual's rights, benefits, and privileges 
        under Federal programs;
            (3) inform each individual whom it asks to supply 
        information, on the form which it uses to collect the 
        information or on a separate form that can be retained 
        by the individual--
                    (A) the authority (whether granted by 
                statute, or by executive order of the 
                President) which authorizes the solicitation of 
                the information and whether disclosure of such 
                information is mandatory or voluntary;
                    (B) the principal purpose or purposes for 
                which the information is intended to be used;
                    (C) the routine uses which may be made of 
                the information, as published pursuant to 
                paragraph (4)(D) of this subsection; and
                    (D) the effects on him, if any, of not 
                providing all or any part of the requested 
                information;
            (4) subject to the provisions of paragraph (11) of 
        this subsection, publish in the Federal Register upon 
        establishment or revision a notice of the existence and 
        character of the system of records, which notice shall 
        include--
                    (A) the name and location of the system;
                    (B) the categories of individuals on whom 
                records are maintained in the system;
                    (C) the categories of records maintained in 
                the system;
                    (D) each routine use of the records 
                contained in the system, including the 
                categories of users and the purpose of such 
                use;
                    (E) the policies and practices of the 
                agency regarding storage, retrievability, 
                access controls, retention, and disposal of the 
                records;
                    (F) the title and business address of the 
                agency official who is responsible for the 
                system of records;
                    (G) the agency procedures whereby an 
                individual can be notified at his request if 
                the system of records contains a record 
                pertaining to him;
                    (H) the agency procedures whereby an 
                individual can be notified at his request how 
                he can gain access to any record pertaining to 
                him contained in the system of records, and how 
                he can contest its content; and
                    (I) the categories of sources of records in 
                the system;
            (5) maintain all records which are used by the 
        agency in making any determination about any individual 
        with such accuracy, relevance, timeliness, and 
        completeness as is reasonably necessary to assure 
        fairness to the individual in the determination;
            (6) prior to disseminating any record about an 
        individual to any person other than an agency, unless 
        the dissemination is made pursuant to subsection (b)(2) 
        of this section, make reasonable efforts to assure that 
        such records are accurate, complete, timely, and 
        relevant for agency purposes;
            (7) maintain no record describing how any 
        individual exercises rights guaranteed by the First 
        Amendment unless expressly authorized by statute or by 
        the individual about whom the record is maintained or 
        unless pertinent to and within the scope of an 
        authorized law enforcement activity;
            (8) make reasonable efforts to serve notice on an 
        individual when any record on such individual is made 
        available to any person under compulsory legal process 
        when such process becomes a matter of public record;
            (9) establish rules of conduct for persons involved 
        in the design, development, operation, or maintenance 
        of any system of records, or in maintaining any record, 
        and instruct each such person with respect to such 
        rules and the requirements of this section, including 
        any other rules and procedures adopted pursuant to this 
        section and the penalties for noncompliance;
            (10) establish appropriate administrative, 
        technical, and physical safeguards to insure the 
        security and confidentiality of records and to protect 
        against any anticipated threats or hazards to their 
        security or integrity which could result in substantial 
        harm, embarrassment, inconvenience, or unfairness to 
        any individual on whom information is maintained;
            (11) at least 30 days prior to publication of 
        information under paragraph (4)(D) of this subsection, 
        publish in the Federal Register notice of any new use 
        or intended use of the information in the system, and 
        provide an opportunity for interested persons to submit 
        written data, views, or arguments to the agency; and
            (12) if such agency is a recipient agency or a 
        source agency in a matching program with a non-Federal 
        agency, with respect to any establishment or revision 
        of a matching program, at least 30 days prior to 
        conducting such program, publish in the Federal 
        Register notice of such establishment or revision.
    (f) Agency Rules.--In order to carry out the provisions of 
this section, each agency that maintains a system of records 
shall promulgate rules, in accordance with the requirements 
(including general notice) of section 553 of this title, which 
shall--
            (1) establish procedures whereby an individual can 
        be notified in response to his request if any system of 
        records named by the individual contains a record 
        pertaining to him;
            (2) define reasonable times, places, and 
        requirements for identifying an individual who requests 
        his record or information pertaining to him before the 
        agency shall make the record or information available 
        to the individual;
            (3) establish procedures for the disclosure to an 
        individual upon his request of his record or 
        information pertaining to him, including special 
        procedure, if deemed necessary, for the disclosure to 
        an individual of medical records, including 
        psychological records pertaining to him;
            (4) establish procedures for reviewing a request 
        from an individual concerning the amendment of any 
        record or information pertaining to the individual, for 
        making a determination on the request, for an appeal 
        within the agency of an initial adverse agency 
        determination, and for whatever additional means may be 
        necessary for each individual to be able to exercise 
        fully his rights under this section; and
            (5) establish fees to be charged, if any, to any 
        individual for making copies of his record, excluding 
        the cost of any search for and review of the record.
The Office of the Federal Register shall biennially compile and 
publish the rules promulgated under this subsection and agency 
notices published under subsection (e)(4) of this section in a 
form available to the public at low cost.
    (g)(1) Civil Remedies.--Whenever any agency--
            (A) makes a determination under subsection (d)(3) 
        of this section not to amend an individual's record in 
        accordance with his request, or fails to make such 
        review in conformity with that subsection;
            (B) refuses to comply with an individual request 
        under subsection (d)(1) of this section;
            (C) fails to maintain any record concerning any 
        individual with such accuracy, relevance, timeliness, 
        and completeness as is necessary to assure fairness in 
        any determination relating to the qualifications, 
        character, rights, or opportunities of, or benefits to 
        the individual that may be made on the basis of such 
        record, and consequently a determination is made which 
        is adverse to the individual; or
            (D) fails to comply with any other provision of 
        this section, or any rule promulgated thereunder, in 
        such a way as to have an adverse effect on an 
        individual,
the individual may bring a civil action against the agency, and 
the district courts of the United States shall have 
jurisdiction in the matters under the provisions of this 
subsection.
    (2)(A) In any suit brought under the provisions of 
subsection (g)(1)(A) of this section, the court may order the 
agency to amend the individual's record in accordance with his 
request or in such other way as the court may direct. In such a 
case the court shall determine the matter de novo.
    (B) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this paragraph in which the 
complainant has substantially prevailed.
    (3)(A) In any suit brought under the provisions of 
subsection (g)(1)(B) of this section, the court may enjoin the 
agency from withholding the records and order the production to 
the complainant of any agency records improperly withheld from 
him. In such a case the court shall determine the matter de 
novo, and may examine the contents of any agency records in 
camera to determine whether the records or any portion thereof 
may be withheld under any of the exemptions set forth in 
subsection (k) of this section, and the burden is on the agency 
to sustain its action.
    (B) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this paragraph in which the 
complainant has substantially prevailed.
    (4) In any suit brought under the provisions of subsection 
(g)(1)(C) or (D) of this section in which the court determines 
that the agency acted in a manner which was intentional or 
willful, the United States shall be liable to the individual in 
an amount equal to the sum of--
            (A) actual damages sustained by the individual as a 
        result of the refusal or failure, but in no case shall 
        a person entitled to recovery receive less than the sum 
        of $1,000; and
            (B) the costs of the action together with 
        reasonable attorney fees as determined by the court.
    (5) An action to enforce any liability created under this 
section may be brought in the district court of the United 
States in the district in which the complainant resides, or has 
his principal place of business, or in which the agency records 
are situated, or in the District of Columbia, without regard to 
the amount in controversy, within two years from the date on 
which the cause of action arises, except that where an agency 
has materially and willfully misrepresented any information 
required under this section to be disclosed to an individual 
and the information so misrepresented is material to 
establishment of the liability of the agency to the individual 
under this section, the action may be brought at any time 
within two years after discovery by the individual of the 
misrepresentation. Nothing in this section shall be construed 
to authorize any civil action by reason of any injury sustained 
as the result of a disclosure of a record prior to September 
27, 1975.
    (h) Rights of Legal Guardians.--For the purposes of this 
section, the parent of any minor, or the legal guardian of any 
individual who has been declared to be incompetent due to 
physical or mental incapacity or age by a court of competent 
jurisdiction, may act on behalf of the individual.
    (i)(1) Criminal Penalties.--Any officer or employee of an 
agency, who by virtue of his employment or official position, 
has possession of, or access to, agency records which contain 
individually identifiable information the disclosure of which 
is prohibited by this section or by rules or regulations 
established thereunder, and who knowing that disclosure of the 
specific material is so prohibited, willfully discloses the 
material in any manner to any person or agency not entitled to 
receive it, shall be guilty of a misdemeanor and fined not more 
than $5,000.
    (2) Any officer or employee of any agency who willfully 
maintains a system of records without meeting the notice 
requirements of subsection (e)(4) of this section shall be 
guilty of a misdemeanor and fined not more than $5,000.
    (3) Any person who knowingly and willfully requests or 
obtains any record concerning an individual from an agency 
under false pretenses shall be guilty of a misdemeanor and 
fined not more than $5,000.
    (j) General Exemptions.--The head of any agency may 
promulgate rules, in accordance with the requirements 
(including general notice) of sections 553(b)(1), (2), and (3), 
(c), and (e) of this title, to exempt any system of records 
within the agency from any part of this section except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), 
(7), (9), (10), and (11), and (i) if the system of records is--
            (1) maintained by the Central Intelligence Agency; 
        or
            (2) maintained by an agency or component thereof 
        which performs as its principal function any activity 
        pertaining to the enforcement of criminal laws, 
        including police efforts to prevent, control, or reduce 
        crime or to apprehend criminals, and the activities of 
        prosecutors, courts, correctional, probation, pardon, 
        or parole authorities, and which consists of (A) 
        information compiled for the purpose of identifying 
        individual criminal offenders and alleged offenders and 
        consisting only of identifying data and notations of 
        arrests, the nature and disposition of criminal 
        charges, sentencing, confinement, release, and parole 
        and probation status; (B) information compiled for the 
        purpose of a criminal investigation, including reports 
        of informants and investigators, and associated with an 
        identifiable individual; or (C) reports identifiable to 
        an individual compiled at any stage of the process of 
        enforcement of the criminal laws from arrest or 
        indictment through release from supervision.
At the time rules are adopted under this subsection, the agency 
shall include in the statement required under section 553(c) of 
this title, the reasons why the system of records is to be 
exempted from a provision of this section.
    (k) Specific Exemptions.--The head of any agency may 
promulgate rules, in accordance with the requirements 
(including general notice) of sections 553(b)(1), (2), and (3), 
(c), and (e) of this title, to exempt any system of records 
within the agency from subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I) and (f) of this section if the system 
of records is--
            (1) subject to the provisions of section 552(b)(1) 
        of this title;
            (2) investigatory material compiled for law 
        enforcement purposes, other than material within the 
        scope of subsection (j)(2) of this section: Provided, 
        however, That if any individual is denied any right, 
        privilege, or benefit that he would otherwise be 
        entitled by Federal law, or for which he would 
        otherwise be eligible, as a result of the maintenance 
        of such material, such material shall be provided to 
        such individual, except to the extent that the 
        disclosure of such material would reveal the identity 
        of a source who furnished information to the Government 
        under an express promise that the identity of the 
        source would be held in confidence, or, prior to the 
        effective date of this section, under an implied 
        promise that the identity of the source would be held 
        in confidence;
            (3) maintained in connection with providing 
        protective services to the President of the United 
        States or other individuals pursuant to section 3056 of 
        title 18;
            (4) required by statute to be maintained and used 
        solely as statistical records;
            (5) investigatory material compiled solely for the 
        purpose of determining suitability, eligibility, or 
        qualifications for Federal civilian employment, 
        military service, Federal contracts, or access to 
        classified information, but only to the extent that the 
        disclosure of such material would reveal the identity 
        of a source who furnished information to the Government 
        under an express promise that the identity of the 
        source would be held in confidence, or, prior to the 
        effective date of this section, under an implied 
        promise that the identity of the source would be held 
        in confidence;
            (6) testing or examination material used solely to 
        determine individual qualifications for appointment or 
        promotion in the Federal service the disclosure of 
        which would compromise the objectivity or fairness of 
        the testing or examination process; or
            (7) evaluation material used to determine potential 
        for promotion in the armed services, but only to the 
        extent that the disclosure of such material would 
        reveal the identity of a source who furnished 
        information to the Government under an express promise 
        that the identity of the source would be held in 
        confidence, or, prior to the effective date of this 
        section, under an implied promise that the identity of 
        the source would be held in confidence.
At the time rules are adopted under this subsection, the agency 
shall include in the statement required under section 553(c) of 
this title, the reasons why the system of records is to be 
exempted from a provision of this section.
    (l)(1) Archival Records.--Each agency record which is 
accepted by the Archivist of the United States for storage, 
processing, and servicing in accordance with section 3103 of 
title 44 shall, for the purposes of this section, be considered 
to be maintained by the agency which deposited the record and 
shall be subject to the provisions of this section. The 
Archivist of the United States shall not disclose the record 
except to the agency which maintains the record, or under rules 
established by that agency which are not inconsistent with the 
provisions of this section.
    (2) Each agency record pertaining to an identifiable 
individual which was transferred to the National Archives of 
the United States as a record which has sufficient historical 
or other value to warrant its continued preservation by the 
United States Government, prior to the effective date of this 
section, shall, for the purposes of this section, be considered 
to be maintained by the National Archives and shall not be 
subject to the provisions of this section, except that a 
statement generally describing such records (modeled after the 
requirements relating to records subject to subsections 
(e)(4)(A) through (G) of this section) shall be published in 
the Federal Register.
    (3) Each agency record pertaining to an identifiable 
individual which is transferred to the National Archives of the 
United States as a record which has sufficient historical or 
other value to warrant its continued preservation by the United 
States Government, on or after the effective date of this 
section, shall, for the purposes of this section, be considered 
to be maintained by the National Archives and shall be exempt 
from the requirements of this section except subsections 
(e)(4)(A) through (G) and (e)(9) of this section.
    (m) Government Contractors.--(1) When an agency provides by 
a contract for the operation by or on behalf of the agency of a 
system of records to accomplish an agency function, the agency 
shall, consistent with its authority, cause the requirements of 
this section to be applied to such system. For purposes of 
subsection (i) of this section any such contractor and any 
employee of such contractor, if such contract is agreed to on 
or after the effective date of this section, shall be 
considered to be an employee of an agency.
    (2) A consumer reporting agency to which a record is 
disclosed under section 3711(e) of title 31 shall not be 
considered a contractor for the purposes of this section.
    (n) Mailing Lists.--An individual's name and address may 
not be sold or rented by an agency unless such action is 
specifically authorized by law. This provision shall not be 
construed to require the withholding of names and addresses 
otherwise permitted to be made public.
    (o) Matching Agreements.--(1) No record which is contained 
in a system of records may be disclosed to a recipient agency 
or non-Federal agency for use in a computer matching program 
except pursuant to a written agreement between the source 
agency and the recipient agency or non-Federal agency 
specifying--
            (A) the purpose and legal authority for conducting 
        the program;
            (B) the justification for the program and the 
        anticipated results, including a specific estimate of 
        any savings;
            (C) a description of the records that will be 
        matched, including each data element that will be used, 
        the approximate number of records that will be matched, 
        and the projected starting and completion dates of the 
        matching program;
            (D) procedures for providing individualized notice 
        at the time of application, and notice periodically 
        thereafter as directed by the Data Integrity Board of 
        such agency (subject to guidance provided by the 
        Director of the Office of Management and Budget 
        pursuant to subsection (v)), to--
                    (i) applicants for and recipients of 
                financed assistance or payments under Federal 
                benefit programs, and
                    (ii) applicants for and holders of 
                positions as Federal personnel,
        that any information provided by such applicants, 
        recipients, holders, and individuals may be subject to 
        verification through matching programs;
            (E) procedures for verifying information produced 
        in such matching program as required by subsection (p);
            (F) procedures for the retention and timely 
        destruction of identifiable records created by a 
        recipient agency or non-Federal agency in such matching 
        program;
            (G) procedures for ensuring the administrative, 
        technical, and physical security of the records matched 
        and the results of such programs;
            (H) prohibitions on duplication and redisclosure of 
        records provided by the source agency within or outside 
        the recipient agency or the non-Federal agency, except 
        where required by law or essential to the conduct of 
        the matching program;
            (I) procedures governing the use by a recipient 
        agency or non-Federal agency of records provided in a 
        matching program by a source agency, including 
        procedures governing return of the records to the 
        source agency or destruction of records used in such 
        program;
            (J) information on assessments that have been made 
        on the accuracy of the records that will be used in 
        such matching program; and
            (K) that the Comptroller General may have access to 
        all records of a recipient agency or a non-Federal 
        agency that the Comptroller General deems necessary in 
        order to monitor or verify compliance with the 
        agreement.
    (2)(A) A copy of each agreement entered into pursuant to 
paragraph (1) shall--
            (i) be transmitted to the Committee on Governmental 
        Affairs of the Senate and the Committee on Government 
        Operations \1\ of the House of Representatives; and
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    \1\ The Committee on Government Operations was renamed to the 
Committee on Government Reform and Oversight by H. Res. 6 in the 104th 
Congress, and renamed the Committee on Government Reform by H. Res. 5 
in the 106th Congress.
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            (ii) be available upon request to the public.
    (B) No such agreement shall be effective until 30 days 
after the date on which such a copy is transmitted pursuant to 
subparagraph (A)(i).
    (C) Such an agreement shall remain in effect only for such 
period, not to exceed 18 months, as the Data Integrity Board of 
the agency determines is appropriate in light of the purposes, 
and length of time necessary for the conduct, of the matching 
program.
    (D) Within 3 months prior to the expiration of such an 
agreement pursuant to subparagraph (C), the Data Integrity 
Board of the agency may, without additional review, renew the 
matching agreement for a current, ongoing matching program for 
not more than one additional year if--
            (i) such program will be conducted without any 
        change; and
            (ii) each party to the agreement certifies to the 
        Board in writing that the program has been conducted in 
        compliance with the agreement.
    (p) Verification and Opportunity to Contest Findings.--(1) 
In order to protect any individual whose records are used in a 
matching program, no recipient agency, non-Federal agency, or 
source agency may suspend, terminate, reduce, or make a final 
denial of any financial assistance or payment under a Federal 
benefit program to such individual, or take other adverse 
action against such individual, as a result of information 
produced by such matching program, until--
            (A)(i) the agency has independently verified the 
        information; or
            (ii) the Data Integrity Board of the agency, or in 
        the case of a non-Federal agency the Data Integrity 
        Board of the source agency, determines in accordance 
        with guidance issued by the Director of the Office of 
        Management and Budget that--
                    (I) the information is limited to 
                identification and amount of benefits paid by 
                the source agency under a Federal benefit 
                program; and
                    (II) there is a high degree of confidence 
                that the information provided to the recipient 
                agency is accurate;
            (B) the individual receives a notice from the 
        agency containing a statement of its findings and 
        informing the individual of the opportunity to contest 
        such findings; and
            (C)(i) the expiration of any time period 
        established for the program by statue or regulation for 
        the individual to respond to that notice; or
            (ii) in the case of a program for which no such 
        period is established, the end of the 30-day period 
        beginning on the date on which notice under 
        subparagraph (B) is mailed or otherwise provided to the 
        individual.
    (2) Independent verification referred to in paragraph (1) 
requires investigation and confirmation of specific information 
relating to an individual that is used as a basis for an 
adverse action against the individual, including where 
applicable investigation and confirmation of--
            (A) the amount of any asset or income involved;
            (B) whether such individual actually has or had 
        access to such asset or income for such individual's 
        own use; and
            (C) the period or periods when the individual 
        actually had such asset or income.
    (3) Notwithstanding paragraph (1), an agency may take any 
appropriate action otherwise prohibited by such paragraph if 
the agency determines that the public health or public safety 
may be adversely affected or significantly threatened during 
any notice period required by such paragraph.
    (q) Sanctions.--(1) Notwithstanding any other provision of 
law, no source agency may disclose any record with is contained 
in a system of records to a recipient agency or non-Federal 
agency for a matching program if such source agency has reason 
to believe that the requirements of subsection (p), or any 
matching agreement entered into pursuant to subsection (o), or 
both, are not being met by such recipient agency.
    (2) No source agency may renew a matching agreement 
unless--
            (A) the recipient agency or non-Federal agency has 
        certified that it has complied with the provisions of 
        that agreement; and
            (B) the source agency has no reason to believe that 
        the certification is inaccurate.
    (r) Report on New Systems and Matching Programs.-- Each 
agency that proposes to establish or make a significant change 
in a system of records or a matching program shall provide 
adequate advance notice of any such proposal (in duplicate) to 
the Committee on Government Operations \1\ of the House of 
Representatives, the Committee on Governmental Affairs of the 
Senate, and the Office of Management and Budget in order to 
permit an evaluation of the probable or potential effect of 
such proposal on the privacy or other rights of individuals.
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    \1\ The Committee on Government Operations was renamed to the 
Committee on Government Reform and Oversight by H. Res. 6 in the 104th 
Congress, and renamed the Committee on Government Reform by H. Res. 5 
in the 106th Congress.
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    (s) Biennial Report.--The President shall biennially submit 
to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report--
            (1) describing the actions of the Director of the 
        Office of Management and Budget pursuant to section 6 
        of the Privacy Act of 1974 during the preceding 2 
        years;
            (2) describing the exercise of individual rights of 
        access and amendment under this section during such 
        years;
            (3) identifying changes in or additions to systems 
        of records;
            (4) containing such other information concerning 
        administration of this section as may be necessary or 
        useful to the Congress in reviewing the effectiveness 
        of this section in carrying out the purposes of the 
        Privacy Act of 1974.
    (t)(1) Effect of Other Laws.--No agency shall rely on any 
exemption contained in section 552 of this title to withhold 
from an individual any record which is otherwise accessible to 
such individual under the provisions of this section.
    (2) No agency shall rely on any exemption in this section 
to withhold from an individual any record which is otherwise 
accessible to such individual under the provisions of section 
552 of this title.
    (u) Data Integrity Boards.--(1) Every agency conducting or 
participating in a matching program shall establish a Data 
Integrity Board to oversee and coordinate among the various 
components of such agency the agency's implementation of this 
section.
    (2) Each Data Integrity Board shall consist of senior 
officials designated by the head of the agency, and shall 
include any senior official designated by the head of the 
agency as responsible for implementation of this section, and 
the inspector general of the agency, if any. The inspector 
general shall not serve as chairman of the Data Integrity 
Board.
    (3) Each Data Integrity Board--
            (A) shall review, approve, and maintain all written 
        agreements for receipt or disclosure of agency records 
        for matching programs to ensure compliance with 
        subsection (o), and all relevant statutes, regulations, 
        and guidelines;
            (B) shall review all matching programs in which the 
        agency has participated during the year, either as a 
        source agency or recipient agency, determine compliance 
        with applicable laws, regulations, guidelines, and 
        agency agreements, and assess the costs and benefits of 
        such programs;
            (C) shall review all recurring matching programs in 
        which the agency has participated during the year, 
        either as a source agency or recipient agency, for 
        continued justification for such disclosures;
            (D) shall compile an annual report, which shall be 
        submitted to the head of the agency and the Office of 
        Management and Budget and made available to the public 
        on request, describing the matching activities of the 
        agency, including--
                    (i) matching programs in which the agency 
                has participated as a source agency or 
                recipient agency;
                    (ii) matching agreements proposed under 
                subsection (o) that were disapproved by the 
                Board;
                    (iii) any changes in membership to 
                structure of the Board in the preceding year;
                    (iv) the reasons for any waiver of the 
                requirement in paragraph (4) of this section 
                for completion and submission of a cost-benefit 
                analysis prior to the approval of a matching 
                program;
                    (v) any violations of matching agreements 
                that have been alleged or identified and any 
                corrective action taken; and
                    (vi) any other information required by the 
                Director of the Office of Management and Budget 
                to be included in such report;
            (E) shall serve as a clearinghouse for receiving 
        and providing information on the accuracy, 
        completeness, and reliability of records used in 
        matching programs;
            (F) shall provide interpretation and guidance to 
        agency components and personnel on the requirements of 
        this section for matching programs;
            (G) shall review agency recordkeeping and disposal 
        policies and practices for matching programs to assure 
        compliance with this section; and
            (H) may review and report on any agency matching 
        activities that are not matching programs.
    (4)(A) Except as provided in subparagraphs (B) and (C), a 
Data Integrity Board shall not approve any written agreement 
for a matching program unless the agency has completed and 
submitted to such Board a cost-benefit analysis of the proposed 
program and such analysis demonstrates that the program is 
likely to be cost effective.
    (B) The Board may waive the requirements of subparagraph 
(A) of this paragraph if it determines in writing, in 
accordance with guidelines prescribed by the Director of the 
Office of Management and Budget, that a cost-benefit analysis 
is not required.
    (C) A cost-benefit analysis shall not be required under 
subparagraph (A) prior to the initial approval of a written 
agreement for a matching program that is specifically required 
by statute. Any subsequent written agreement for such a program 
shall not be approved by the Data Integrity Board unless the 
agency has submitted a cost-benefit analysis of the program as 
conducted under the preceding approval of such agreement.
    (5)(A) If a matching agreement is disapproved by a Data 
Integrity Board, any party to such agreement may appeal the 
disapproval to the Director of the Office of Management and 
Budget. Timely notice of the filing of such an appeal shall be 
provided by the Director of the Office of Management and Budget 
to the Committee on Governmental Affairs of the Senate and the 
Committee on Government Operations \1\ of the House of 
Representatives.
---------------------------------------------------------------------------
    \1\ The Committee on Government Operations was renamed to the 
Committee on Government Reform and Oversight by H. Res. 6 in the 104th 
Congress, and renamed the Committee on Government Reform by H. Res. 5 
in the 106th Congress.
---------------------------------------------------------------------------
    (B) The Director of the Office of Management and Budget may 
approve a matching agreement notwithstanding the disapproval of 
a Data Integrity Board if the Director determines that--
            (i) the matching program will be consistent with 
        all applicable legal, regulatory, and policy 
        requirements;
            (ii) there is adequate evidence that the matching 
        agreement will be cost-effective; and
            (iii) the matching program is in the public 
        interest.
    (C) The decision of the Director to approve a matching 
agreement shall not take effect until 30 days after it is 
reported to committees described in subparagraph (A).
    (D) If the Data Integrity Board and the Director of the 
Office of Management and Budget disapprove a matching program 
proposed by the inspector general of an agency, the inspector 
general may report the disapproval to the head of the agency 
and to the Congress.
    (6) In the reports required by paragraph (3)(D), agency 
matching activities that are not matching programs may be 
reported on an aggregate basis, if and to the extent necessary 
to protect ongoing law enforcement or counterintelligence 
investigations.
    (v) Office of Management and Budget Responsibilities.--The 
Director of the Office of Management and Budget shall--
            (1) develop and, after notice and opportunity for 
        public comment, prescribe guidelines and regulations 
        for the use of agencies in implementing the provisions 
        of this section; and
            (2) provide continuing assistance to an oversight 
        of the implementation of this section by agencies.

Sec. 552b. Open meetings

    (a) For purposes of this section--
            (1) the term ``agency'' means any agency, as 
        defined in section 552(e) of this title, headed by a 
        collegial body composed of two or more individual 
        members, a majority of whom are appointed to such 
        position by the President with the advice and consent 
        of the Senate, and any subdivision thereof authorized 
        to act on behalf of the agency;
            (2) the term ``meeting'' means the deliberations of 
        at least the number of individual agency members 
        required to take action on behalf of the agency where 
        such deliberations determine or result in the joint 
        conduct or disposition of official agency business, but 
        does not include deliberations required or permitted by 
        subsection (d) or (e); and
            (3) the term ``member'' means an individual who 
        belongs to a collegial body heading an agency.
    (b) Members shall not jointly conduct or dispose of agency 
business other than in accordance with this section. Except as 
provided in subsection (c), every portion of every meeting of 
an agency shall be open to public observation.
    (c) Except in a case where the agency finds that the public 
interest requires otherwise, the second sentence of subsection 
(b) shall not apply to any portion of an agency meeting, and 
the requirements of subsections (d) and (e) shall not apply to 
any information pertaining to such meeting otherwise required 
by this section to be disclosed to the public, where the agency 
properly determines that such portion or portions of its 
meeting or the disclosure of such information is likely to--
            (1) disclose matters that are (A) specifically 
        authorized under criteria established by an Executive 
        order to be kept secret in the interests of national 
        defense or foreign policy and (B) in fact properly 
        classified pursuant to such Executive order;
            (2) relate solely to the internal personnel rules 
        and practices of an agency;
            (3) disclose matters specifically exempted from 
        disclosure by statute (other than section 552 of this 
        title), provided that such statute (A) requires that 
        the matters be withheld from the public in such a 
        manner as to leave no discretion on the issue, or (B) 
        establishes particular criteria for withholding or 
        refers to particular types of matters to be withheld;
            (4) disclose trade secrets and commercial or 
        financial information obtained from a person and 
        privileged or confidential;
            (5) involve accusing any person of a crime, or 
        formally censuring any person;
            (6) disclose information of a personal nature where 
        disclosure would constitute a clearly unwarranted 
        invasion of personal privacy;
            (7) disclose investigatory records compiled for law 
        enforcement purposes, or information which if written 
        would be contained in such records, but only to the 
        extent that the production of such records or 
        information would (A) interfere with enforcement 
        proceedings, (B) deprive a person of a right to a fair 
        trial or an impartial adjudication, (C) constitute an 
        unwarranted invasion of personal privacy, (D) disclose 
        the identity of a confidential source and, in the case 
        of a record compiled by a criminal law enforcement 
        authority in the course of a criminal investigation, or 
        by an agency conducting a lawful national security 
        intelligence investigation, confidential information 
        furnished only by the confidential source, (E) disclose 
        investigative techniques and procedures, or (F) 
        endanger the life or physical safety of law enforcement 
        personnel;
            (8) disclose information contained in or related to 
        examination, operating, or condition reports prepared 
        by, on behalf of, or for the use of an agency 
        responsible for the regulation or supervision of 
        financial institutions;
            (9) disclose information the premature disclosure 
        of which would--
                    (A) in the case of an agency which 
                regulates currencies, securities, commodities, 
                or financial institutions, be likely to (i) 
                lead to significant financial speculation in 
                currencies, securities, or commodities, or (ii) 
                significantly endanger the stability of any 
                financial institution; or
                    (B) in the case of any agency, be likely to 
                significantly frustrate implementation of a 
                proposed agency action,
        except that subparagraph (B) shall not apply in any 
        instance where the agency has already disclosed to the 
        public the content or nature of its proposed action, or 
        where the agency is required by law to make such 
        disclosure on its own initiative prior to taking final 
        agency action on such proposal; or
            (10) specifically concern the agency's issuance of 
        a subpena, or the agency's participation in a civil 
        action or proceeding, an action in a foreign court or 
        international tribunal, or an arbitration, or the 
        initiation, conduct, or disposition by the agency of a 
        particular case of formal agency adjudication pursuant 
        to the procedures in section 554 of this title or 
        otherwise involving a determination on the record after 
        opportunity for a hearing.
    (d)(1) Action under subsection (c) shall be taken only when 
a majority of the entire membership of the agency (as defined 
in subsection (a)(1)) votes to take such action. A separate 
vote of the agency members shall be taken with respect to each 
agency meeting a portion or portions of which are proposed to 
be closed to the public pursuant to subsection (c), or with 
respect to any information which is proposed to be withheld 
under subsection (c). A single vote may be taken with respect 
to a series of meetings, a portion or portions of which are 
proposed to be closed to the public, or with respect to any 
information concerning such series of meetings, so long as each 
meeting in such series involves the same particular matters and 
is scheduled to be held no more than thirty days after the 
initial meeting in such series. The vote of each agency member 
participating in such vote shall be recorded and no proxies 
shall be allowed.
    (2) Whenever any person whose interests may be directly 
affected by a portion of a meeting requests that the agency 
close such portion to the public for any of the reasons 
referred to in paragraph (5), (6), or (7) of subsection (c), 
the agency, upon request of any one of its members, shall vote 
by recorded vote whether to close such meeting.
    (3) Within one day of any vote taken pursuant to paragraph 
(1) or (2), the agency shall make publicly available a written 
copy of such vote reflecting the vote of each member on the 
question. If a portion of a meeting is to be closed to the 
public, the agency shall, within one day of the vote taken 
pursuant to paragraph (1) or (2) of this subsection, make 
publicly available a full written explanation of its action 
closing the portion together with a list of all persons 
expected to attend the meeting and their affiliation.
    (4) Any agency, a majority of whose meetings may properly 
be closed to the public pursuant to paragraph (4), (8), (9)(A), 
or (10) of subsection (c), or any combination thereof, may 
provide by regulation for the closing of such meetings or 
portions thereof in the event that a majority of the members of 
the agency votes by recorded vote at the beginning of such 
meeting, or portion thereof, to close the exempt portion or 
portions of the meeting, and a copy of such vote, reflecting 
the vote of each member on the question, is made available to 
the public. The provisions of paragraphs (1), (2), and (3) of 
this subsection and subsection (e) shall not apply to any 
portion of a meeting to which such regulations apply: Provided, 
That the agency shall, except to the extent that such 
information is exempt from disclosure under the provisions of 
subsection (c), provide the public with public announcement of 
the time, place, and subject matter of the meeting and of each 
portion thereof at the earliest practicable time.
    (e)(1) In the case of each meeting, the agency shall make 
public announcement, at least one week before the meeting, of 
the time, place, and subject matter of the meeting, whether it 
is to be open or closed to the public, and the name and phone 
number of the official designated by the agency to respond to 
requests for information about the meeting. Such announcement 
shall be made unless a majority of the members of the agency 
determines by a recorded vote that agency business requires 
that such meeting be called at an earlier date, in which case 
the agency shall make public announcement of the time, place, 
and subject matter of such meeting, and whether open or closed 
to the public, at the earliest practicable time.
    (2) The time or place of a meeting may be changed following 
the public announcement required by paragraph (1) only if the 
agency publicly announces such change at the earliest 
practicable time. The subject matter of a meeting, or the 
determination of the agency to open or close a meeting, or 
portion of a meeting, to the public, may be changed following 
the public announcement required by this subsection only if (A) 
a majority of the entire membership of the agency determines by 
a recorded vote that agency business so requires and that no 
earlier announcement of the change was possible, and (B) the 
agency publicly announces such change and the vote of each 
member upon such change at the earliest practicable time.
    (3) Immediately following each public announcement required 
by this subsection, notice of the time, place, and subject 
matter of a meeting, whether the meeting is open or closed, any 
change in one of the preceding, and the name and phone number 
of the official designated by the agency to respond to requests 
for information about the meeting, shall also be submitted for 
publication in the Federal Register.
    (f)(1) For every meeting closed pursuant to paragraphs (1) 
through (10) of subsection (c), the General Counsel or chief 
legal officer of the agency shall publicly certify that, in his 
or her opinion, the meeting may be closed to the public and 
shall state each relevant exemptive provision. A copy of such 
certification, together with a statement from the presiding 
officer of the meeting setting forth the time and place of the 
meeting, and the persons present, shall be retained by the 
agency. The agency shall maintain a complete transcript or 
electronic recording adequate to record fully the proceedings 
of each meeting, or portion of a meeting, closed to the public, 
except that in the case of a meeting, or portion of a meeting, 
closed to the public pursuant to paragraph (8), (9)(A), or (10) 
of subsection (c), the agency shall maintain either such a 
transcript or recording, or a set of minutes. Such minutes 
shall fully and clearly describe all matters discussed and 
shall provide a full and accurate summary of any actions taken, 
and the reasons therefor, including a description of each of 
the views expressed on any item and the record of any rollcall 
vote (reflecting the vote of each member on the question). All 
documents considered in connection with any action shall be 
identified in such minutes.
    (2) The agency shall make promptly available to the public, 
in a place easily accessible to the public, the transcript, 
electronic recording, or minutes (as required by paragraph (1)) 
of the discussion of any item on the agenda, or of any item of 
the testimony of any witness received at the meeting, except 
for such item or items of such discussion or testimony as the 
agency determines to contain information which may be withheld 
under subsection (c). Copies of such transcript, or minutes, or 
a transcription of such recording disclosing the identity of 
each speaker, shall be furnished to any person at the actual 
cost of duplication or transcription. The agency shall maintain 
a complete verbatim copy of the transcript, a complete copy of 
the minutes, or a complete electronic recording of each 
meeting, or portion of a meeting, closed to the public, for a 
period of at least two years after such meeting, or until one 
year after the conclusion of any agency proceeding with respect 
to which the meeting or portion was held, whichever occurs 
later.
    (g) Each agency subject to the requirements of this section 
shall, within 180 days after the date of enactment of this 
section, following consultation with the Office of the Chairman 
of the Administrative Conference of the United States and 
published notice in the Federal Register of at least thirty 
days and opportunity for written comment by any person, 
promulgate regulations to implement the requirements of 
subsections (b) through (f) of this section. Any person may 
bring a proceeding in the United States District Court for the 
District of Columbia to require an agency to promulgate such 
regulations if such agency has not promulgated such regulations 
within the time period specified herein. Subject to any 
limitations of time provided by law, any person may bring a 
proceeding in the United States Court of Appeals for the 
District of Columbia to set aside agency regulations issued 
pursuant to this subsection that are not in accord with the 
requirements of subsections (b) through (f) of this section and 
to require the promulgation of regulations that are in accord 
with such subsections.
    (h)(1) The district courts of the United States shall have 
jurisdiction to enforce the requirements of subsections (b) 
through (f) of this section by declaratory judgment, injunctive 
relief, or other relief as may be appropriate. Such actions may 
be brought by any person against an agency prior to, or within 
sixty days after, the meeting out of which the violation of 
this section arises, except that if public announcement of such 
meeting is not initially provided by the agency in accordance 
with the requirements of this section, such action may be 
instituted pursuant to this section at any time prior to sixty 
days after any public announcement of such meeting. Such 
actions may be brought in the district court of the United 
States for the district in which the agency meeting is held or 
in which the agency in question has its headquarters, or in the 
District Court for the District of Columbia. In such actions a 
defendant shall serve his answer within thirty days after the 
service of the complaint. The burden is on the defendant to 
sustain his action. In deciding such cases the court may 
examine in camera any portion of the transcript, electronic 
recording, or minutes of a meeting closed to the public, and 
may take such additional evidence as it deems necessary. The 
court, having due regard for orderly administration and the 
public interest, as well as the interests of the parties, may 
grant such equitable relief as it deems appropriate, including 
granting an injunction against future violations of this 
section or ordering the agency to make available to the public 
such portion of the transcript, recording, or minutes of a 
meeting as is not authorized to be withheld under subsection 
(c) of this section.
    (2) Any Federal court otherwise authorized by law to review 
agency action may, at the application of any person properly 
participating in the proceeding pursuant to other applicable 
law, inquire into violations by the agency of the requirements 
of this section and afford such relief as it deems appropriate. 
Nothing in this section authorizes any Federal court having 
jurisdiction solely on the basis of paragraph (1) to set aside, 
enjoin, or invalidate any agency action (other than an action 
to close a meeting or to withhold information under this 
section) taken or discussed at any agency meeting out of which 
the violation of this section arose.
    (i) The court may assess against any party reasonable 
attorney fees and other litigation costs reasonably incurred by 
any other party who substantially prevails in any action 
brought in accordance with the provisions of subsection (g) or 
(h) of this section, except that costs may be assessed against 
the plaintiff only where the court finds that the suit was 
initiated by the plaintiff primarily for frivolous or dilatory 
purposes. In the case of assessment of costs against an agency, 
the costs may be assessed by the court against the United 
States.
    (j) Each agency subject to the requirements of this section 
shall annually report to the Congress regarding the following:
            (1) The changes in the policies and procedures of 
        the agency under this section that have occurred during 
        the preceding 1-year period.
            (2) A tabulation of the number of meetings held, 
        the exemptions applied to close meetings, and the days 
        of public notice provided to close meetings.
            (3) A brief description of litigation or formal 
        complaints concerning the implementation of this 
        section by the agency.
            (4) A brief explanation of any changes in law that 
        have affected the responsibilities of the agency under 
        this section.
    (k) Nothing herein expands or limits the present rights of 
any person under section 552 of this title, except that the 
exemptions set forth in subsection (c) of this section shall 
govern in the case of any request made pursuant to section 552 
to copy or inspect the transcripts, recordings, or minutes 
described in subsection (f) of this section. The requirements 
of chapter 33 of title 44, United States Code, shall not apply 
to the transcripts, recordings, and minutes described in 
subsection (f) of this section.
    (l) This section does not constitute authority to withhold 
any information from Congress, and does not authorize the 
closing of any agency meeting or portion thereof required by 
any other provision of law to be open.
    (m) Nothing in this section authorizes any agency to 
withhold from any individual any record, including transcripts, 
recordings, or minutes required by this section, which is 
otherwise accessible to such individual under section 552a of 
this title.

Sec. 553. Rule making

    (a) This section applies, according to the provisions 
thereof, except to the extent that there is involved--
            (1) a military or foreign affairs function of the 
        United States; or
            (2) a matter relating to agency management or 
        personnel or to public property, loans, grants, 
        benefits, or contracts.
    (b) General notice of proposed rule making shall be 
published in the Federal Register, unless persons subject 
thereto are named and either personally served or otherwise 
have actual notice thereof in accordance with law. The notice 
shall include--
            (1) a statement of the time, place, and nature of 
        public rule making proceedings;
            (2) reference to the legal authority under which 
        the rule is proposed; and
            (3) either the terms or substance of the proposed 
        rule or a description of the subjects and issues 
        involved.
Except when notice or hearing is required by statute, this 
subsection does not apply--
            (A) to interpretative rules, general statements of 
        policy, or rules of agency organization, procedure, or 
        practice; or
            (B) when the agency for good cause finds (and 
        incorporates the finding and a brief statement of 
        reasons therefor in the rules issued) that notice and 
        public procedure thereon are impracticable, 
        unnecessary, or contrary to the public interest.
    (c) After notice required by this section, the agency shall 
give interested persons an opportunity to participate in the 
rule making through submission of written data, views, or 
arguments with or without opportunity for oral presentation. 
After consideration of the relevant matter presented, the 
agency shall incorporate in the rules adopted a concise general 
statement of their basis and purpose. When rules are required 
by statute to be made on the record after opportunity for an 
agency hearing, sections 556 and 557 of this title apply 
instead of this subsection.
    (d) The required publication or service of a substantive 
rule shall be made not less than 30 days before its effective 
date, except--
            (1) a substantive rule which grants or recognizes 
        an exemption or relieves a restriction;
            (2) interpretative rules and statements of policy; 
        or
            (3) as otherwise provided by the agency for good 
        cause found and published with the rule.
    (e) Each agency shall give an interested person the right 
to petition for the issuance, amendment, or repeal of a rule.

Sec. 554. Adjudications

    (a) This section applies, according to the provisions 
thereof, in every case of adjudication required by statute to 
be determined on the record after opportunity for an agency 
hearing, except to the extent that there is involved--
            (1) a matter subject to a subsequent trial of the 
        law and the facts de novo in a court;
            (2) the selection or tenure of an employee, except 
        a \1\ administrative law judge appointed under section 
        3105 of this title;
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    \1\ So in original. Probably should be ``an''.
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            (3) proceedings in which decisions rest solely on 
        inspections, tests, or elections;
            (4) the conduct of military or foreign affairs 
        functions;
            (5) cases in which an agency is acting as an agent 
        for a court; or
            (6) the certification of worker representatives.
    (b) Persons entitled to notice of an agency hearing shall 
be timely informed of--
            (1) the time, place, and nature of the hearings;
            (2) the legal authority and jurisdiction under 
        which the hearing is to be held; and
            (3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to 
the proceeding shall give prompt notice of issues controverted 
in fact or law; and in other instances agencies may by rule 
require responsive pleading. In fixing the time and place for 
hearings, due regard shall be had for the convenience and 
necessity of the parties or their representatives.
    (c) The agency shall give all interested parties 
opportunity for--
            (1) the submission and consideration of facts, 
        arguments, offers of settlement, or proposals of 
        adjustment when time, the nature of the proceeding, and 
        the public interest permit; and
            (2) to the extent that the parties are unable so to 
        determine a controversy by consent, hearing and 
        decision on notice and in accordance with sections 556 
        and 557 of this title.
    (d) The employee who presides at the reception of evidence 
pursuant to section 556 of this title shall make the 
recommended decision or initial decision required by section 
557 of this title, unless he becomes unavailable to the agency. 
Except to the extent required for the disposition of ex parte 
matters as authorized by law, such an employee may not--
            (1) consult a person or party on a fact in issue, 
        unless on notice and opportunity for all parties to 
        participate; or
            (2) be responsible to or subject to the supervision 
        or direction of an employee or agent engaged in the 
        performance of investigative or prosecuting functions 
        for an agency.
An employee or agent engaged in the performance of 
investigative or prosecuting functions for an agency in a case 
may not, in that or a factually related case, participate or 
advise in the decision, recommended decision, or agency review 
pursuant to section 557 of this title, except as witness or 
counsel in public proceedings. This subsection does not apply--
            (A) in determining applications for initial 
        licenses;
            (B) to proceedings involving the validity or 
        application of rates, facilities, or practices of 
        public utilities or carriers; or
            (C) to the agency or a member or members of the 
        body comprising the agency.
    (e) The agency, with like effect as in the case of other 
orders, and in its sound discretion, may issue a declaratory 
order to terminate a controversy or remove uncertainty.

Sec. 555. Ancillary matters

    (a) This section applies, according to the provisions 
thereof, except as otherwise provided by this subchapter.
    (b) A person compelled to appear in person before an agency 
or representative thereof is entitled to be accompanied, 
represented, and advised by counsel or, if permitted by the 
agency, by other qualified representative. A party is entitled 
to appear in person or by or with counsel or other duly 
qualified representative in an agency proceeding. So far as the 
orderly conduct of public business permits, an interested 
person may appear before an agency or its responsible employees 
for the presentation, adjustment, or determination of an issue, 
request, or controversy in a proceeding, whether interlocutory, 
summary, or otherwise, or in connection with an agency 
function. With due regard for the convenience and necessity of 
the parties or their representatives and within a reasonable 
time, each agency shall proceed to conclude a matter presented 
to it. This subsection does not grant or deny a person who is 
not a lawyer the right to appear for or represent others before 
an agency or in an agency proceeding.
    (c) Process, requirement of a report, inspection, or other 
investigative act or demand may not be issued, made, or 
enforced except as authorized by law. A person compelled to 
submit data or evidence is entitled to retain or, on payment of 
lawfully prescribed costs, procure a copy or transcript 
thereof, except that in a nonpublic investigatory proceeding 
the witness may for good cause be limited to inspection of the 
official transcript of his testimony.
    (d) Agency subpenas authorized by law shall be issued to a 
party on request and, when required by rules of procedure, on a 
statement or showing of general relevance and reasonable scope 
of the evidence sought. On contest, the court shall sustain the 
subpena or similar process or demand to the extent that it is 
found to be in accordance with law. In a proceeding for 
enforcement, the court shall issue an order requiring the 
appearance of the witness or the production of the evidence or 
data within a reasonable time under penalty of punishment for 
contempt in case of contumacious failure to comply.
    (e) Prompt notice shall be given of the denial in whole or 
in part of a written application, petition, or other request of 
an interested person made in connection with any agency 
proceedings. Except in affirming a prior denial or when the 
denial is self-explanatory, the notice shall be accompanied by 
a brief statement of the grounds for denial.

Sec. 556. Hearings; presiding employees; powers and duties; burden of 
                    proof; evidence; record as basis of decision

    (a) This section applies, according to the provisions 
thereof, to hearings required by section 553 or 554 of this 
title to be conducted in accordance with this section.
    (b) There shall preside at the taking of evidence--
            (1) the agency;
            (2) one or more members of the body which comprises 
        the agency; or
            (3) one or more administrative law judges appointed 
        under section 3105 of this title.
This subchapter does not supersede the conduct of specified 
classes of proceedings, in whole or in part, by or before 
boards or other employees specially provided for by or 
designated under statute. The functions of presiding employees 
and of employees participating in decisions in accordance with 
section 557 of this title shall be conducted in an impartial 
manner. A presiding or participating employee may at any time 
disqualify himself. On the filing in good faith of a timely and 
sufficient affidavit of personal bias or other disqualification 
of a presiding or participating employee, the agency shall 
determine the matter as a part of the record and decision in 
the case.
    (c) Subject to published rules of the agency and within its 
powers, employees presiding at hearings may--
            (1) administer oaths and affirmations;
            (2) issue subpenas authorized by law;
            (3) rule on offers of proof and receive relevant 
        evidence;
            (4) take depositions or have depositions taken when 
        the ends of justice would be served;
            (5) regulate the course of the hearing;
            (6) hold conferences for the settlement or 
        simplification of the issues by consent of the parties 
        or by the use of alternative means of dispute 
        resolution as provided in subchapter IV of this 
        chapter;
            (7) inform the parties as to the availability of 
        one or more alternative means of dispute resolution, 
        and encourage use of such methods;
            (8) require the attendance at any conference held 
        pursuant to paragraph (6) of at least one 
        representative of each party who has authority to 
        negotiate concerning resolution of issues in 
        controversy;
            (9) dispose of procedural requests or similar 
        matters;
            (10) make or recommend decisions in accordance with 
        section 557 of this title; and
            (11) take other action authorized by agency rule 
        consistent with this subchapter.
    (d) Except as otherwise provided by statute, the proponent 
of a rule or order has the burden of proof. Any oral or 
documentary evidence may be received, but the agency as a 
matter of policy shall provide for the exclusion of irrelevant, 
immaterial, or unduly repetitious evidence. A sanction may not 
be imposed or rule or order issued except on consideration of 
the whole record or those parts thereof cited by a party and 
supported by and in accordance with the reliable, probative, 
and substantial evidence. The agency may, to the extent 
consistent with the interests of justice and the policy of the 
underlying statutes administered by the agency, consider a 
violation of section 557(d) of this title sufficient grounds 
for a decision adverse to a party who has knowingly committed 
such violation or knowingly caused such violation to occur. A 
party is entitled to present his case or defense by oral or 
documentary evidence, to submit rebuttal evidence, and to 
conduct such cross-examination as may be required for a full 
and true disclosure of the facts. In rule making or determining 
claims for money or benefits or applications for initial 
licenses an agency may, when a party will not be prejudiced 
thereby, adopt procedures for the submission of all or part of 
the evidence in written form.
    (e) The transcript of testimony and exhibits, together with 
all papers and requests filed in the proceeding, constitutes 
the exclusive record for decision in accordance with section 
557 of this title and, on payment of lawfully prescribed costs, 
shall be made available to the parties. When an agency decision 
rests on official notice of a material fact not appearing in 
the evidence in the record, a party is entitled, on timely 
request, to an opportunity to show the contrary.

Sec. 557. Initial decisions; conclusiveness; review by agency; 
                    submissions by parties; contents of decisions; 
                    record

    (a) This section applies, according to the provisions 
thereof, when a hearing is required to be conducted in 
accordance with section 556 of this title.
    (b) When the agency did not preside at the reception of the 
evidence, the presiding employee or, in cases not subject to 
section 554(d) of this title, an employee qualified to preside 
at hearings pursuant to section 556 of this title, shall 
initially decide the case unless the agency requires, either in 
specific cases or by general rule, the entire record to be 
certified to it for decision. When the presiding employee makes 
an initial decision, that decision then becomes the decision of 
the agency without further proceedings unless there is an 
appeal to, or review on motion of, the agency within time 
provided by rule. On appeal from or review of the initial 
decision, the agency has all the powers which it would have in 
making the initial decision except as it may limit the issues 
on notice or by rule. When the agency makes the decision 
without having presided at the reception of the evidence, the 
presiding employee or an employee qualified to preside at 
hearings pursuant to section 556 of this title shall first 
recommend a decision, except that in rule making or determining 
applications for initial licenses--
            (1) instead thereof the agency may issue a 
        tentative decision or one of its responsible employees 
        may recommend a decision; or
            (2) this procedure may be omitted in a case in 
        which the agency finds on the record that due and 
        timely execution of its functions imperatively and 
        unavoidably so requires.
    (c) Before a recommended, initial, or tentative decision, 
or a decision on agency review of the decision of subordinate 
employees, the parties are entitled to a reasonable opportunity 
to submit for the consideration of the employees participating 
in the decisions--
            (1) proposed findings and conclusions; or \1\
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    \1\ So in law. Paragraphs (2) and (3) probably should be paragraph 
(2)(A) and (B).
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            (2) exceptions to the decisions or recommended 
        decisions of subordinate employees or to tentative 
        agency decisions; and \1\
            (3) supporting reasons for the exceptions or 
        proposed findings or conclusions.
The record shall show the ruling on each finding, conclusion, 
or exception presented. All decisions, including initial, 
recommended, and tentative decisions, are a part of the record 
and shall include a statement of--
            (A) findings and conclusions, and the reasons or 
        basis therefor, on all the material issues of fact, 
        law, or discretion presented on the record; and
            (B) the appropriate rule, order, sanction, relief, 
        or denial thereof.
    (d)(1) In any agency proceeding which is subject to 
subsection (a) of this section, except to the extent required 
for the disposition of ex parte matters as authorized by law--
            (A) no interested person outside the agency shall 
        make or knowingly cause to be made to any member of the 
        body comprising the agency, administrative law judge, 
        or other employee who is or may reasonably be expected 
        to be involved in the decisional process of the 
        proceeding, an ex parte communication relevant to the 
        merits of the proceeding;
            (B) no member of the body comprising the agency, 
        administrative law judge, or other employee who is or 
        may reasonably be expected to be involved in the 
        decisional process of the proceeding, shall make or 
        knowingly cause to be made to any interested person 
        outside the agency an ex parte communication relevant 
        to the merits of the proceeding;
            (C) a member of the body comprising the agency, 
        administrative law judge, or other employee who is or 
        may reasonably be expected to be involved in the 
        decisional process of such proceeding who receives, or 
        who makes or knowingly causes to be made, a 
        communication prohibited by this subsection shall place 
        on the public record of the proceeding:
                    (i) all such written communications;
                    (ii) memoranda stating the substance of all 
                such oral communications; and
                    (iii) all written responses, and memoranda 
                stating the substance of all oral responses, to 
                the materials described in clauses (i) and (ii) 
                of this subparagraph;
            (D) upon receipt of a communication knowingly made 
        or knowingly caused to be made by a party in violation 
        of this subsection, the agency, administrative law 
        judge, or other employee presiding at the hearing may, 
        to the extent consistent with the interests of justice 
        and the policy of the underlying statutes, require the 
        party to show cause why his claim or interest in the 
        proceeding should not be dismissed, denied, 
        disregarded, or otherwise adversely affected on account 
        of such violation; and
            (E) the prohibitions of this subsection shall apply 
        beginning at such time as the agency may designate, but 
        in no case shall they begin to apply later than the 
        time at which a proceeding is noticed for hearing 
        unless the person responsible for the communication has 
        knowledge that it will be noticed, in which case the 
        prohibitions shall apply beginning at the time of his 
        acquisition of such knowledge.
    (2) This subsection does not constitute authority to 
withhold information from Congress.

Sec. 558. Imposition of sanctions; determination of applications for 
                    licenses; suspension, revocation, and expiration of 
                    licenses

    (a) This section applies, according to the provisions 
thereof, to the exercise of a power or authority.
    (b) A sanction may not be imposed or a substantive rule or 
order issued except within jurisdiction delegated to the agency 
and as authorized by law.
    (c) When application is made for a license required by law, 
the agency, with due regard for the rights and privileges of 
all the interested parties or adversely affected persons and 
within a reasonable time, shall set and complete proceedings 
required to be conducted in accordance with sections 556 and 
557 of this title or other proceedings required by law and 
shall make its decision. Except in cases of willfulness or 
those in which public health, interest, or safety requires 
otherwise, the withdrawal, suspension, revocation, or annulment 
of a license is lawful only if, before the institution of 
agency proceedings therefor, the licensee has been given--
            (1) notice by the agency in writing of the facts or 
        conduct which may warrant the action; and
            (2) opportunity to demonstrate or achieve 
        compliance with all lawful requirements.
When the licensee has made timely and sufficient application 
for a renewal or a new license in accordance with agency rules, 
a license with reference to an activity of a continuing nature 
does not expire until the application has been finally 
determined by the agency.

Sec. 559. Effect on other laws; effect of subsequent statute

    This subchapter, chapter 7, and sections 1305, 3105, 3344, 
4301(2)(E), 5372, and 7521 of this title, and the provisions of 
section 5335(a)(B) of this title that relate to administrative 
law judges, do not limit or repeal additional requirements 
imposed by statute or otherwise recognized by law. Except as 
otherwise required by law, requirements or privileges relating 
to evidence or procedure apply equally to agencies and persons. 
Each agency is granted the authority necessary to comply with 
the requirements of this subchapter through the issuance of 
rules or otherwise. Subsequent statute may not be held to 
supersede or modify this subchapter, chapter 7, sections 1305, 
3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the 
provisions of section 5335(a)(B) of this title that relate to 
administrative law judges, except to the extent that it does so 
expressly.


            SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE

Sec. 561. Purpose

    The purpose of this subchapter is to establish a framework 
for the conduct of negotiated rulemaking, consistent with 
section 553 of this title, to encourage agencies to use the 
process when it enhances the informal rulemaking process. 
Nothing in this subchapter should be construed as an attempt to 
limit innovation and experimentation with the negotiated 
rulemaking process or with other innovative rulemaking 
procedures otherwise authorized by law.

Sec. 562. Definitions

    For the purposes of this subchapter, the term--
            (1) ``agency'' has the same meaning as in section 
        551(1) of this title;
            (2) ``consensus'' means unanimous concurrence among 
        the interests represented on a negotiated rulemaking 
        committee established under this subchapter, unless 
        such committee--
                    (A) agrees to define such term to mean a 
                general but not unanimous concurrence; or
                    (B) agrees upon another specified 
                definition;
            (3) ``convener'' means a person who impartially 
        assists an agency in determining whether establishment 
        of a negotiated rulemaking committee is feasible and 
        appropriate in a particular rulemaking.
            (4) ``facilitator'' means a person who impartially 
        aids in the discussions and negotiations among the 
        members of a negotiated rulemaking committee to develop 
        a proposed rule;
            (5) ``interest'' means, with respect to an issue or 
        matter, multiple parties which have a similar point of 
        view or which are likely to be affected in a similar 
        manner;
            (6) ``negotiated rulemaking'' means rulemaking 
        through the use of a negotiated rulemaking committee;
            (7) ``negotiated rulemaking committee'' or 
        ``committee'' means an advisory committee established 
        by an agency in accordance with this subchapter and the 
        Federal Advisory Committee Act to consider and discuss 
        issues for the purpose of reaching a consensus in the 
        development of a proposed rule;
            (8) ``party'' has the same meaning as in section 
        551(3) of this title;
            (9) ``person'' has the same meaning as in section 
        551(2) of this title;
            (10) ``rule'' has the same meaning as in section 
        551(4) of this title; and
            (11) ``rulemaking'' means ``rule making'' as that 
        term is defined in section 551(5) of this title.

Sec. 563. Determination of need for negotiated rulemaking committee

    (a) Determination of Need by the Agency.--An agency may 
establish a negotiated rulemaking committee to negotiate and 
develop a proposed rule, if the head of the agency determines 
that the use of the negotiated rulemaking procedure is in the 
public interest. In making such a determination, the head of 
the agency shall consider whether--
            (1) there is a need for a rule;
            (2) there are a limited number of identifiable 
        interests that will be significantly affected by the 
        rule;
            (3) there is a reasonable likelihood that a 
        committee can be convened with a balanced 
        representation of persons who--
                    (A) can adequately represent the interests 
                identified under paragraph (2); and
                    (B) are willing to negotiate in good faith 
                to reach a consensus on the proposed rule;
            (4) there is a reasonable likelihood that a 
        committee will reach a consensus on the proposed rule 
        within a fixed period of time;
            (5) the negotiated rulemaking procedure will not 
        unreasonably delay the notice of proposed rulemaking 
        and the issuance of the final rule;
            (6) the agency has adequate resources and is 
        willing to commit such resources, including technical 
        assistance, to the committee; and
            (7) the agency, to the maximum extent possible 
        consistent with the legal obligations of the agency, 
        will use the consensus of the committee with respect to 
        the proposed rule as the basis for the rule proposed by 
        the agency for notice and comment.
    (b) Use of Conveners.--
            (1) Purposes of conveners.--An agency may use the 
        services of a convener to assist the agency in--
                    (A) identifying persons who will be 
                significantly affected by a proposed rule, 
                including residents of rural areas; and
                    (B) conducting discussions with such 
                persons to identify the issues of concern to 
                such persons, and to ascertain whether the 
                establishment of a negotiated rulemaking 
                committee is feasible and appropriate in the 
                particular rulemaking.
            (2) Duties of conveners.--The convener shall report 
        findings and may make recommendations to the agency. 
        Upon request of the agency, the convener shall 
        ascertain the names of persons who are willing and 
        qualified to represent interests that will be 
        significantly affected by the proposed rule, including 
        residents of rural areas. The report and any 
        recommendations of the convener shall be made available 
        to the public upon request.

Sec. 564. Publication of notice; applications for membership on 
                    committees

    (a) Publication of Notice.--If, after considering the 
report of a convener or conducting its own assessment, an 
agency decides to establish a negotiated rulemaking committee, 
the agency shall publish in the Federal Register and, as 
appropriate, in trade or other specialized publications, a 
notice which shall include--
            (1) an announcement that the agency intends to 
        establish a negotiated rulemaking committee to 
        negotiate and develop a proposed rule;
            (2) a description of the subject and scope of the 
        rule to be developed, and the issues to be considered;
            (3) a list of the interests which are likely to be 
        significantly affected by the rule;
            (4) a list of the persons proposed to represent 
        such interests and the person or persons proposed to 
        represent the agency;
            (5) a proposed agenda and schedule for completing 
        the work of the committee, including a target date for 
        publication by the agency of a proposed rule for notice 
        and comment;
            (6) a description of administrative support for the 
        committee to be provided by the agency, including 
        technical assistance;
            (7) a solicitation for comments on the proposal to 
        establish the committee, and the proposed membership of 
        the negotiated rulemaking committee; and
            (8) an explanation of how a person may apply or 
        nominate another person for membership on the 
        committee, as provided under subsection (b).
    (b) Application for Membership on Committee.--Persons who 
will be significantly affected by a proposed rule and who 
believe that their interests will not be adequately represented 
by any person specified in a notice under subsection (a)(4) may 
apply for, or nominate another person for, membership on the 
negotiated rulemaking committee to represent such interests 
with respect to the proposed rule. Each application or 
nomination shall include--
            (1) the name of the applicant or nominee and a 
        description of the interests such person shall 
        represent;
            (2) evidence that the applicant or nominee is 
        authorized to represent parties related to the 
        interests the person proposes to represent;
            (3) a written commitment that the applicant or 
        nominee shall actively participate in good faith in the 
        development of the rule under consideration; and
            (4) the reasons that the persons specified in the 
        notice under subsection (a)(4) do not adequately 
        represent the interests of the person submitting the 
        application or nomination.
    (c) Period for Submission of Comments and Applications.--
The agency shall provide for a period of at least 30 calendar 
days for the submission of comments and applications under this 
section.

Sec. 565. Establishment of committee

    (a) Establishment.--
            (1) Determination to establish committee.--If after 
        considering comments and applications submitted under 
        section 564, the agency determines that a negotiated 
        rulemaking committee can adequately represent the 
        interests that will be significantly affected by a 
        proposed rule and that it is feasible and appropriate 
        in the particular rulemaking, the agency may establish 
        a negotiated rulemaking committee. In establishing and 
        administering such a committee, the agency shall comply 
        with the Federal Advisory Committee Act with respect to 
        such committee, except as otherwise provided in this 
        subchapter.
            (2) Determination not to establish committee.--If 
        after considering such comments and applications, the 
        agency decides not to establish a negotiated rulemaking 
        committee, the agency shall promptly publish notice of 
        such decision and the reasons therefor in the Federal 
        Register and, as appropriate, in trade or other 
        specialized publications, a copy of which shall be sent 
        to any person who applied for, or nominated another 
        person for membership on the negotiating \1\ rulemaking 
        committee to represent such interests with respect to 
        the proposed rule.
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    \1\ So in original. Probably should be ``negotiated''.
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    (b) Membership.--The agency shall limit membership on a 
negotiated rulemaking committee to 25 members, unless the 
agency head determines that a greater number of members is 
necessary for the functioning of the committee or to achieve 
balanced membership. Each committee shall include at least one 
person representing the agency.
    (c) Administrative Support.--The agency shall provide 
appropriate administrative support to the negotiated rulemaking 
committee, including technical assistance.

Sec. 566. Conduct of committee activity

    (a) Duties of Committee.--Each negotiated rulemaking 
committee established under this subchapter shall consider the 
matter proposed by the agency for consideration and shall 
attempt to reach a consensus concerning a proposed rule with 
respect to such matter and any other matter the committee 
determines is relevant to the proposed rule.
    (b) Representatives of Agency on Committee.--The person or 
persons representing the agency on a negotiated rulemaking 
committee shall participate in the deliberations and activities 
of the committee with the same rights and responsibilities as 
other members of the committee, and shall be authorized to 
fully represent the agency in the discussions and negotiations 
of the committee.
    (c) Selecting Facilitator.--Notwithstanding section 10(e) 
of the Federal Advisory Committee Act, an agency may nominate 
either a person from the Federal Government or a person from 
outside the Federal Government to serve as a facilitator for 
the negotiations of the committee, subject to the approval of 
the committee by consensus. If the committee does not approve 
the nominee of the agency for facilitator, the agency shall 
submit a substitute nomination. If a committee does not approve 
any nominee of the agency for facilitator, the committee shall 
select by consensus a person to serve as facilitator. A person 
designated to represent the agency in substantive issues may 
not serve as facilitator or otherwise chair the committee.
    (d) Duties of Facilitator.--A facilitator approved or 
selected by a negotiated rulemaking committee shall--
            (1) chair the meetings of the committee in an 
        impartial manner;
            (2) impartially assist the members of the committee 
        in conducting discussions and negotiations; and
            (3) manage the keeping of minutes and records as 
        required under section 10 (b) and (c) of the Federal 
        Advisory Committee Act, except that any personal notes 
        and materials of the facilitator or of the members of a 
        committee shall not be subject to section 552 of this 
        title.
    (e) Committee Procedures.--A negotiated rulemaking 
committee established under this subchapter may adopt 
procedures for the operation of the committee. No provision of 
section 553 of this title shall apply to the procedures of a 
negotiated rulemaking committee.
    (f) Report of Committee.--If a committee reaches a 
consensus on a proposed rule, at the conclusion of negotiations 
the committee shall transmit to the agency that established the 
committee a report containing the proposed rule. If the 
committee does not reach a consensus on a proposed rule, the 
committee may transmit to the agency a report specifying any 
areas in which the committee reached a consensus. The committee 
may include in a report any other information, recommendations, 
or materials that the committee considers appropriate. Any 
committee member may include as an addendum to the report 
additional information, recommendations, or materials.
    (g) Records of Committee.--In addition to the report 
required by subsection (f), a committee shall submit to the 
agency the records required under section 10 (b) and (c) of the 
Federal Advisory Committee Act.

Sec. 567. Termination of committee

    A negotiated rulemaking committee shall terminate upon 
promulgation of the final rule under consideration, unless the 
committee's charter contains an earlier termination date or the 
agency, after consulting the committee, or the committee itself 
specifies an earlier termination date.

Sec. 568. Services, facilities, and payment of committee member 
                    expenses

    (a) Services of Conveners and Facilitators.--
            (1) In general.--An agency may employ or enter into 
        contracts for the services of an individual or 
        organization to serve as a convener or facilitator for 
        a negotiated rulemaking committee under this 
        subchapter, or may use the services of a Government 
        employee to act as a convener or a facilitator for such 
        a committee.
            (2) Determination of conflicting interests.--An 
        agency shall determine whether a person under 
        consideration to serve as convener or facilitator of a 
        committee under paragraph (1) has any financial or 
        other interest that would preclude such person from 
        serving in an impartial and independent manner.
    (b) Services and Facilities of Other Entities.--For 
purposes of this subchapter, an agency may use the services and 
facilities of other Federal agencies and public and private 
agencies and instrumentalities with the consent of such 
agencies and instrumentalities, and with or without 
reimbursement to such agencies and instrumentalities, and may 
accept voluntary and uncompensated services without regard to 
the provisions of section 1342 of title 31. The Federal 
Mediation and Conciliation Service may provide services and 
facilities, with or without reimbursement, to assist agencies 
under this subchapter, including furnishing conveners, 
facilitators, and training in negotiated rulemaking.
    (c) Expenses of Committee Members.--Members of a negotiated 
rulemaking committee shall be responsible for their own 
expenses of participation in such committee, except that an 
agency may, in accordance with section 7(d) of the Federal 
Advisory Committee Act, pay for a member's reasonable travel 
and per diem expenses, expenses to obtain technical assistance, 
and a reasonable rate of compensation, if--
            (1) such member certifies a lack of adequate 
        financial resources to participate in the committee; 
        and
            (2) the agency determines that such member's 
        participation in the committee is necessary to assure 
        an adequate representation of the member's interest.
    (d) Status of Member as Federal Employee.--A member's 
receipt of funds under this section or section 569 shall not 
conclusively determine for purposes of sections 202 through 209 
of title 18 whether that member is an employee of the United 
States Government.

Sec. 569. Encouraging negotiated rulemaking

    (a) The President shall designate an agency or designate or 
establish an interagency committee to facilitate and encourage 
agency use of negotiated rulemaking. An agency that is 
considering, planning, or conducting a negotiated rulemaking 
may consult with such agency or committee for information and 
assistance.
    (b) To carry out the purposes of this subchapter, an agency 
planning or conducting a negotiated rulemaking may accept, 
hold, administer, and utilize gifts, devises, and bequests of 
property, both real and personal if that agency's acceptance 
and use of such gifts, devises, or bequests do not create a 
conflict of interest. Gifts and bequests of money and proceeds 
from sales of other property received as gifts, devises, or 
bequests shall be deposited in the Treasury and shall be 
disbursed upon the order of the head of such agency. Property 
accepted pursuant to this section, and the proceeds thereof, 
shall be used as nearly as possible in accordance with the 
terms of the gifts, devises, or bequests.

Sec. 570. Judicial review

    Any agency action relating to establishing, assisting, or 
terminating a negotiated rulemaking committee under this 
subchapter shall not be subject to judicial review. Nothing in 
this section shall bar judicial review of a rule if such 
judicial review is otherwise provided by law. A rule which is 
the product of negotiated rulemaking and is subject to judicial 
review shall not be accorded any greater deference by a court 
than a rule which is the product of other rulemaking 
procedures.

Sec. 570a. Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this subchapter.


     SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                         ADMINISTRATIVE PROCESS

Sec. 571. Definitions

    For the purposes of this subchapter, the term--
            (1) ``agency'' has the same meaning as in section 
        551(1) of this title;
            (2) ``administrative program'' includes a Federal 
        function which involves protection of the public 
        interest and the determination of rights, privileges, 
        and obligations of private persons through rule making, 
        adjudication, licensing, or investigation, as those 
        terms are used in subchapter II of this chapter;
            (3) ``alternative means of dispute resolution'' 
        means any procedure that is used to resolve issues in 
        controversy, including, but not limited to, 
        conciliation, facilitation, mediation, factfinding, 
        minitrials, arbitration, and use of ombuds, or any 
        combination thereof;
            (4) ``award'' means any decision by an arbitrator 
        resolving the issues in controversy;
            (5) ``dispute resolution communication'' means any 
        oral or written communication prepared for the purposes 
        of a dispute resolution proceeding, including any 
        memoranda, notes or work product of the neutral, 
        parties or nonparty participant; except that a written 
        agreement to enter into a dispute resolution 
        proceeding, or final written agreement or arbitral 
        award reached as a result of a dispute resolution 
        proceeding, is not a dispute resolution communication;
            (6) ``dispute resolution proceeding'' means any 
        process in which an alternative means of dispute 
        resolution is used to resolve an issue in controversy 
        in which a neutral is appointed and specified parties 
        participate;
            (7) ``in confidence'' means, with respect to 
        information, that the information is provided--
                    (A) with the expressed intent of the source 
                that it not be disclosed; or
                    (B) under circumstances that would create 
                the reasonable expectation on behalf of the 
                source that the information will not be 
                disclosed;
            (8) ``issue in controversy'' means an issue which 
        is material to a decision concerning an administrative 
        program of an agency, and with which there is 
        disagreement--
                    (A) between an agency and persons who would 
                be substantially affected by the decision; or
                    (B) between persons who would be 
                substantially affected by the decision;
            (9) ``neutral'' means an individual who, with 
        respect to an issue in controversy, functions 
        specifically to aid the parties in resolving the 
        controversy;
            (10) ``party'' means--
                    (A) for a proceeding with named parties, 
                the same as in section 551(3) of this title; 
                and
                    (B) for a proceeding without named parties, 
                a person who will be significantly affected by 
                the decision in the proceeding and who 
                participates in the proceeding;
            (11) ``person'' has the same meaning as in section 
        551(2) of this title; and
            (12) ``roster'' means a list of persons qualified 
        to provide services as neutrals.

Sec. 572. General authority

    (a) An agency may use a dispute resolution proceeding for 
the resolution of an issue in controversy that relates to an 
administrative program, if the parties agree to such 
proceeding.
    (b) An agency shall consider not using a dispute resolution 
proceeding if--
            (1) a definitive or authoritative resolution of the 
        matter is required for precedential value, and such a 
        proceeding is not likely to be accepted generally as an 
        authoritative precedent;
            (2) the matter involves or may bear upon 
        significant questions of Government policy that require 
        additional procedures before a final resolution may be 
        made, and such a proceeding would not likely serve to 
        develop a recommended policy for the agency;
            (3) maintaining established policies is of special 
        importance, so that variations among individual 
        decisions are not increased and such a proceeding would 
        not likely reach consistent results among individual 
        decisions;
            (4) the matter significantly affects persons or 
        organizations who are not parties to the proceeding;
            (5) a full public record of the proceeding is 
        important, and a dispute resolution proceeding cannot 
        provide such a record; and
            (6) the agency must maintain continuing 
        jurisdiction over the matter with authority to alter 
        the disposition of the matter in the light of changed 
        circumstances, and a dispute resolution proceeding 
        would interfere with the agency's fulfilling that 
        requirement.
    (c) Alternative means of dispute resolution authorized 
under this subchapter are voluntary procedures which supplement 
rather than limit other available agency dispute resolution 
techniques.

Sec. 573. Neutrals

    (a) A neutral may be a permanent or temporary officer or 
employee of the Federal Government or any other individual who 
is acceptable to the parties to a dispute resolution 
proceeding. A neutral shall have no official, financial, or 
personal conflict of interest with respect to the issues in 
controversy, unless such interest is fully disclosed in writing 
to all parties and all parties agree that the neutral may 
serve.
    (b) A neutral who serves as a conciliator, facilitator, or 
mediator serves at the will of the parties.
    (c) The President shall designate an agency or designate or 
establish an interagency committee to facilitate and encourage 
agency use of dispute resolution under this subchapter. Such 
agency or interagency committee, in consultation with other 
appropriate Federal agencies and professional organizations 
experienced in matters concerning dispute resolution, shall--
            (1) encourage and facilitate agency use of 
        alternative means of dispute resolution; and
            (2) develop procedures that permit agencies to 
        obtain the services of neutrals on an expedited basis.
    (d) An agency may use the services or one or more employees 
of other agencies to serve as neutrals in dispute resolution 
proceedings. The agencies may enter into an interagency 
agreement that provides for the reimbursement by the user 
agency or the parties of the full or partial cost of the 
services of such an employee.
    (e) Any agency may enter into a contract with any person 
for services as a neutral, or for training in connection with 
alternative means of dispute resolution. The parties in a 
dispute resolution proceeding shall agree on compensation for 
the neutral that is fair and reasonable to the Government.

Sec. 574. Confidentiality

    (a) Except as provided in subsections (d) and (e), a 
neutral in a dispute resolution proceeding shall not 
voluntarily disclose or through discovery or compulsory process 
be required to disclose any dispute resolution communication or 
any communication provided in confidence to the neutral, 
unless--
            (1) all parties to the dispute resolution 
        proceeding and the neutral consent in writing, and, if 
        the dispute resolution communication was provided by a 
        nonparty participant, that participant also consents in 
        writing;
            (2) the dispute resolution communication has 
        already been made public;
            (3) the dispute resolution communication is 
        required by statute to be made public, but a neutral 
        should make such communication public only if no other 
        person is reasonably available to disclose the 
        communication; or
            (4) a court determines that such testimony or 
        disclosure is necessary to--
                    (A) prevent a manifest injustice;
                    (B) help establish a violation of law; or
                    (C) prevent harm to the public health or 
                safety,
                of sufficient magnitude in the particular case 
                to outweigh the integrity of dispute resolution 
                proceedings in general by reducing the 
                confidence of parties in future cases that 
                their communications will remain confidential.
    (b) A party to a dispute resolution proceeding shall not 
voluntarily disclose or through discovery or compulsory process 
be required to disclose any dispute resolution communications 
unless--
            (1) the communication was prepared by the party 
        seeking disclosure;
            (2) all parties to the dispute resolution 
        proceeding consent in writing;
            (3) the dispute resolution communication has 
        already been made public;
            (4) the dispute resolution communication is 
        required by statute to be made public;
            (5) a court determines that such testimony or 
        disclosure is necessary to--
                    (A) prevent a manifest injustice;
                    (B) help establish a violation of law; or
                    (C) prevent harm to the public health and 
                safety,
                of sufficient magnitude in the particular case 
                to outweigh the integrity of dispute resolution 
                proceedings in general by reducing the 
                confidence of parties in future cases that 
                their communications will remain confidential;
            (6) the dispute resolution communication is 
        relevant to determining the existence or meaning of an 
        agreement or award that resulted from the dispute 
        resolution communication or to the enforcement of such 
        an agreement or award; or
            (7) except for dispute resolution communications 
        generated by the neutral, the dispute resolution 
        communication was provided to or was available to all 
        parties to the dispute resolution proceeding.
    (c) Any dispute resolution communication that is disclosed 
in violation of subsection (a) or (b),\1\ shall not be 
admissible in any proceeding relating to the issues in 
controversy with respect to which the communication was made.
---------------------------------------------------------------------------
    \1\ So in law. Comma probably is unnecessary.
---------------------------------------------------------------------------
    (d)(1) The parties may agree to alternative confidential 
procedures for disclosures by a neutral. Upon such agreement 
the parties shall inform the neutral before the commencement of 
the dispute resolution proceeding of any modifications to the 
provisions of subsection (a) that will govern the 
confidentiality of the dispute resolution proceeding. If the 
parties do not so inform the neutral, subsection (a) shall 
apply.
    (2) To qualify for the exemption established under 
subsection (j), an alternative confidential procedure under 
this subsection may not provide for less disclosure than the 
confidential procedures otherwise provided under this section.
    (e) If a demand for disclosure, by way of discovery request 
or other legal process, is made upon a neutral regarding a 
dispute resolution communication, the neutral shall make 
reasonable efforts to notify the parties and any affected 
nonparty participants of the demand. Any party or affected 
nonparty participant who receives such notice and within 15 
calendar days does not offer to defend a refusal of the neutral 
to disclose the requested information shall have waived any 
objection to such disclosure.
    (f) Nothing in this section shall prevent the discovery or 
admissibility of any evidence that is otherwise discoverable, 
merely because the evidence was presented in the course of a 
dispute resolution proceeding.
    (g) Subsections (a) and (b) shall have no effect on the 
information and data that are necessary to document an 
agreement reached or order issued pursuant to a dispute 
resolution proceeding.
    (h) Subsections (a) and (b) shall not prevent the gathering 
of information for research or educational purposes, in 
cooperation with other agencies, governmental entities, or 
dispute resolution programs, so long as the parties and the 
specific issues in controversy are not identifiable.
    (i) Subsections (a) and (b) shall not prevent use of a 
dispute resolution communication to resolve a dispute between 
the neutral in a dispute resolution proceeding and a party to 
or participant in such proceeding so long as such dispute 
resolution communication is disclosed only to the extent 
necessary to resolve such dispute.
    (j) A dispute resolution communication which is between a 
neutral and a party and which may not be disclosed under this 
section shall also be exempt from disclosure under section 
552(b)(3).

Sec. 575. Authorization of arbitration

    (a)(1) Arbitration may be used as an alternative means of 
dispute resolution whenever all parties consent. Consent may be 
obtained either before or after an issue in controversy has 
arisen. A party may agree to--
            (A) submit only certain issues in controversy to 
        arbitration; or
            (B) arbitration on the condition that the award 
        must be within a range of possible outcomes.
    (2) The arbitration agreement that sets forth the subject 
matter submitting to the arbitration shall be in writing. Each 
such arbitration agreement shall specify a maximum award that 
may be issued by the arbitrator and may specify other 
conditions limiting the range of possible outcomes.
    (3) An agency may not require any person to consent to 
arbitration as a condition of entering into a contract or 
obtaining a benefit.
    (b) An officer or employee of an agency shall not offer to 
use arbitration for the resolution of issues in controversy 
unless such officer or employee--
            (1) would otherwise have authority to enter into a 
        settlement concerning the matter; or
            (2) is otherwise specifically authorized by the 
        agency to consent to the use of arbitration.
    (c) Prior to using binding arbitration under this 
subchapter, the head of an agency, in consultation with the 
Attorney General and after taking into account the factors in 
section 572(b), shall issue guidance on the appropriate use of 
binding arbitration and when an officer or employee of the 
agency has authority to settle an issue in controversy through 
binding arbitration.

Sec. 576. Enforcement of arbitration agreements

    An agreement to arbitrate a matter to which this subchapter 
applies is enforcement pursuant to section 4 of title 9, and no 
action brought to enforce such an agreement shall be dismissed 
nor shall relief therein be denied on the grounds that it is 
against the United States or that the United States is an 
indispensable party.

Sec. 577. Arbitrators

    (a) The parties to an arbitration proceeding shall be 
entitled to participate in the selection of the arbitrator.
    (b) The arbitrator shall be a neutral who meets the 
criteria of section 573 of this title.

Sec. 578. Authority of the arbitrator

    An arbitrator to whom a dispute is referred under this 
subchapter may--
            (1) regulate the course of and conduct arbitral 
        hearings;
            (2) administer oaths and affirmations;
            (3) compel the attendance of witnesses and 
        production of evidence at the hearing under the 
        provisions of section 7 of title 9 only to the extent 
        the agency involved is otherwise authorized by law to 
        do so; and
            (4) make awards.

Sec. 579. Arbitration proceedings

    (a) The arbitrator shall set a time and place for the 
hearing on the dispute and shall notify the parties not less 
than 5 days before the hearing.
    (b) Any party wishing a record of the hearing shall--
            (1) be responsible for the preparation of such 
        record;
            (2) notify the other parties and the arbitrator of 
        the preparation of such record;
            (3) furnish copies to all identified parties and 
        the arbitrator; and
            (4) pay all costs for such record, unless the 
        parties agree otherwise or the arbitrator determines 
        that the costs should be apportioned.
    (c)(1) The parties to the arbitration are entitled to be 
heard, to present evidence material to the controversy, and to 
cross-examine witnesses appearing at the hearing.
    (2) The arbitrator may, with the consent of the parties, 
conduct all or part of the hearing by telephone, television, 
computer, or other electronic means, if each party has an 
opportunity to participate.
    (3) The hearing shall be conducted expeditiously and in an 
informal manner.
    (4) The arbitrator may receive any oral or documentary 
evidence, except that irrelevant, immaterial, unduly 
repetitious, or privileged evidence may be excluded by the 
arbitrator.
    (5) The arbitrator shall interpret and apply relevant 
statutory and regulatory requirements, legal precedents, and 
policy directives.
    (d) No interested person shall make or knowingly cause to 
be made to the arbitrator an unauthorized ex parte 
communication relevant to the merits of the proceeding, unless 
the parties agree otherwise. If a communication is made in 
violation of this subsection, the arbitrator shall ensure that 
a memorandum of the communication is prepared and made a part 
of the record, and that an opportunity for rebuttal is allowed. 
Upon receipt of a communication made in violation of this 
subsection, the arbitrator may, to the extent consistent with 
the interests of justice and the policies underlying this 
subchapter, require the offending party to show cause why the 
claim of such party should not be resolved against such party 
as a result of the improper conduct.
    (e) The arbitrator shall make the award within 30 days 
after the close of the hearing, or the date of the filing of 
any briefs authorized by the arbitrator, whichever date is 
later, unless--
            (1) the parties agree to some other time limit; or
            (2) the agency provides by rule for some other time 
        limit.

Sec. 580. Arbitration awards

    (a)(1) Unless the agency provides otherwise by rule, the 
award in an arbitration proceeding under this subchapter shall 
include a brief, informal discussion of the factual and legal 
basis for the award, but formal findings of fact or conclusions 
of law shall not be required.
    (2) The prevailing parties shall file the award with all 
relevant agencies, along with proof of service on all parties.
    (b) The award in an arbitration proceeding shall become 
final 30 days after it is served on all parties. Any agency 
that is a party to the proceeding may extend this 30-day period 
for an additional 30-day period by serving a notice of such 
extension on all other parties before the end of the first 30-
day period.
    (c) A final award is binding on the parties to the 
arbitration proceeding, and may be enforced pursuant to 
sections 9 through 13 of title 9. No action brought to enforce 
such an award shall be dismissed nor shall relief therein be 
denied on the grounds that it is against the United States or 
that the United States is an indispensable party.
    (d) An award entered under this subchapter in an 
arbitration proceeding may not serve as an estoppel in any 
other proceeding for any issue that was resolved in the 
proceeding. Such an award also may not be used as precedent or 
otherwise be considered in any factually unrelated proceeding, 
whether conducted under this subchapter, by an agency, or in a 
court, or in any other arbitration proceeding.

Sec. 581. Judicial review

    (a) Notwithstanding any other provision of law, any person 
adversely affected or aggrieved by an award made in an 
arbitration proceeding conducted under this subchapter may 
bring an action for review of such award only pursuant to the 
provisions of sections 9 through 13 of title 9.
    (b) \1\ (1) A decision by an agency to use or not to use a 
dispute resolution proceeding under this subchapter shall be 
committed to the discretion of the agency and shall not be 
subject to judicial review, except that arbitration shall be 
subject to judicial review under section 10(b) of title 9.
---------------------------------------------------------------------------
    \1\ Section 8(b) of the Administrative Dispute Resolution Act of 
1996 (P.L. 104-320; 110 Stat. 3872) amended section ``581(d)'' of title 
5 by striking ``(1)'' after ``(b)'' and by striking paragraph (2). The 
amendment probably should have been made to section 581(b).
---------------------------------------------------------------------------
    (2) A decision by the head of an agency under section 580 
to terminate an arbitration proceeding or vacate an arbitral 
award shall be committed to the discretion of the agency and 
shall not be subject to judicial review.

[Sec. 582. Repealed. Pub. L. 104-320, Sec. 4(b)(1), Oct. 19, 1996, 110 
                    Stat. 3871.]

Sec. 583. Support services

    For the purposes of this subchapter, an agency may use 
(with or without reimbursement) the services and facilities of 
other Federal agencies, State, local, and tribal governments, 
public and private organizations and agencies, and individuals, 
with the consent of such agencies, organizations, and 
individuals. An agency may accept voluntary and uncompensated 
services for purposes of this subchapter without regard to the 
provisions of section 1342 of title 31.

Sec. 584. Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this subchapter.


      SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

Sec. 591. Purpose

    It is the purpose of this subchapter to provide suitable 
arrangements through which Federal agencies, assisted by 
outside experts, may cooperatively study mutual problems, 
exchange information, and develop recommendations for action by 
proper authorities to the end that private rights may be fully 
protected and regulatory activities and other Federal 
responsibilities may be carried out expeditiously in the public 
interest.

Sec. 592. Definitions

    For the purpose of this subchapter--
            (1) ``administrative program'' includes a Federal 
        function which involves protection of the public 
        interest and the determination of rights, privileges, 
        and obligations of private persons through rule making, 
        adjudication, licensing, or investigation, as those 
        terms are used in subchapter II of this chapter, except 
        that it does not include a military or foreign affairs 
        function of the United States;
            (2) ``administrative agency'' means an authority as 
        defined by section 551(1) of this title; and
            (3) ``administrative procedure'' means procedure 
        used in carrying out an administrative program and is 
        to be broadly construed to include any aspect of agency 
        organization, procedure, or management which may affect 
        the equitable consideration of public and private 
        interests, the fairness of agency decisions, the speed 
        of agency action, and the relationship of operating 
        methods to later judicial review, but does not include 
        the scope of agency responsibility as established by 
        law or matters of substantive policy committed by law 
        to agency discretion.

Sec. 593. Administrative Conference of the United States

    (a) The Administrative Conference of the United States 
consists of not more than 101 nor less than 75 members 
appointed as set forth in subsection (b) of this section.
    (b) The Conference is composed of--
            (1) a full-time Chairman appointed for a 5-year 
        term by the President, by and with the advice and 
        consent of the Senate. The Chairman is entitled to pay 
        at the highest rate established by statute for the 
        chairman of an independent regulatory board or 
        commission, and may continue to serve until his 
        successor is appointed and has qualified;
            (2) the chairman of each independent regulatory 
        board or commission or an individual designated by the 
        board or commission;
            (3) the head of each Executive department or other 
        administrative agency which is designated by the 
        President, or an individual designated by the head of 
        the department or agency;
            (4) when authorized by the Council referred to in 
        section 595(b) of this title, one or more appointees 
        from a board, commission, department, or agency 
        referred to in this subsection, designated by the head 
        thereof with, in the case of a board or commission, the 
        approval of the board or commission;
            (5) individuals appointed by the President to 
        membership on the Council who are not otherwise members 
        of the Conference; and
            (6) not more than 40 other members appointed by the 
        Chairman, with the approval of the Council, for terms 
        of 2 years, except that the number of members appointed 
        by the Chairman may at no time be less than one-third 
        nor more than two-fifths of the total number of 
        members. The Chairman shall select the members in a 
        manner which will provide broad representation of the 
        views of private citizens and utilize diverse 
        experience. The members shall be members of the 
        practicing bar, scholars in the field of administrative 
        law or government, or others specially informed by 
        knowledge and experience with respect to Federal 
        administrative procedure.
    (c) Members of the Conference, except the Chairman, are not 
entitled to pay for service. Members appointed from outside the 
Federal Government are entitled to travel expenses, including 
per diem instead of subsistence, as authorized by section 5703 
of this title for individuals serving without pay.

Sec. 594. Powers and duties of the Conference

    To carry out the purpose of this subchapter, the 
Administrative Conference of the United States may--
            (1) study the efficiency, adequacy, and fairness of 
        the administrative procedure used by administrative 
        agencies in carrying out administrative programs, and 
        make recommendations to administrative agencies, 
        collectively or individually, and to the President, 
        Congress, or the Judicial Conference of the United 
        States, in connection therewith, as it considers 
        appropriate;
            (2) arrange for interchange among administrative 
        agencies of information potentially useful in improving 
        administrative procedure;
            (3) collect information and statistics from 
        administrative agencies and publish such reports as it 
        considers useful for evaluating and improving 
        administrative procedure;
            (4) enter into arrangements with any administrative 
        agency or major organizational unit within an 
        administrative agency pursuant to which the Conference 
        performs any of the functions described in this 
        section; and
            (5) \1\ provide assistance in response to requests 
        relating to the improvement of administrative procedure 
        in foreign countries, subject to the concurrence of the 
        Secretary of State, the Administrator of the Agency for 
        International Development, or the Director of the 
        United States Information Agency, as appropriate, 
        except that--
---------------------------------------------------------------------------
    \1\ Public Law 102-403 added paragraph (5) ``at the end'' of 
section 594. It probably should have been added after paragraph (4), as 
shown here.
---------------------------------------------------------------------------
                    (A) such assistance shall be limited to the 
                analysis of issues relating to administrative 
                procedure, the provision of training of foreign 
                officials in administrative procedure, and the 
                design or improvement of administrative 
                procedure, where the expertise of members of 
                the Conference is indicated; and
                    (B) such assistance may only be undertaken 
                on a fully reimbursable basis, including all 
                direct and indirect administrative costs.
Payment for services provided by the Conference pursuant to 
paragraph (4) shall be credited to the operating account for 
the Conference and shall remain available until expended.

Sec. 595. Organization of the Conference

    (a) The membership of the Administrative Conference of the 
United States meeting in plenary session constitutes the 
Assembly of the Conference. The Assembly has ultimate authority 
over all activities of the Conference. Specifically, it has the 
power to--
            (1) adopt such recommendations as it considers 
        appropriate for improving administrative procedure. A 
        member who disagrees with a recommendation adopted by 
        the Assembly is entitled to enter a dissenting opinion 
        and an alternate proposal in the record of the 
        Conference proceedings, and the opinion and proposal so 
        entered shall accompany the Conference recommendation 
        in a publication or distribution thereof; and
            (2) adopt bylaws and regulations not inconsistent 
        with this subchapter for carrying out the functions of 
        the Conference, including the creation of such 
        committees as it considers necessary for the conduct of 
        studies and the development of recommendations for 
        consideration by the Assembly.
    (b) The Conference includes a Council composed of the 
Chairman of the Conference, who is Chairman of the Council, and 
10 other members appointed by the President, of whom not more 
than one-half shall be employees of Federal regulatory agencies 
or Executive departments. The President may designate a member 
of the Council as Vice Chairman. During the absence or 
incapacity of the Chairman, or when that office is vacant, the 
Vice Chairman shall serve as Chairman. The term of each member, 
except the Chairman, is 3 years. When the term of a member 
ends, he may continue to serve until a successor is appointed. 
However, the service of any member ends when a change in his 
employment status would make him ineligible for Council 
membership under the conditions of his original appointment. 
The Council has the power to--
            (1) determine the time and place of plenary 
        sessions of the Conference and the agenda for the 
        sessions. The Council shall call at least one plenary 
        session each year;
            (2) propose bylaws and regulations, including rules 
        of procedure and committee organization, for adoption 
        by the Assembly;
            (3) make recommendations to the Conference or its 
        committees on a subject germane to the purpose of the 
        Conference;
            (4) receive and consider reports and 
        recommendations of committees of the Conference and 
        send them to members of the Conference with the views 
        and recommendations of the Council;
            (5) designate a member of the Council to preside at 
        meetings of the Council in the absence or incapacity of 
        the Chairman and Vice Chairman;
            (6) designate such additional officers of the 
        Conference as it considers desirable;
            (7) approve or revise the budgetary proposals of 
        the Chairman; and
            (8) exercise such other powers as may be delegated 
        to it by the Assembly.
    (c) The Chairman is the chief executive of the Conference. 
In that capacity he has the power to--
            (1) make inquiries into matters he considers 
        important for Conference consideration, including 
        matters proposed by individuals inside or outside the 
        Federal Government;
            (2) be the official spokesman for the Conference in 
        relations with the several branches and agencies of the 
        Federal Government and with interested organizations 
        and individuals outside the Government, including 
        responsibility for encouraging Federal agencies to 
        carry out the recommendations of the Conference;
            (3) request agency heads to provide information 
        needed by the Conference, which information shall be 
        supplied to the extent permitted by law;
            (4) recommend to the Council appropriate subjects 
        for action by the Conference;
            (5) appoint, with the approval of the Council, 
        members of committees authorized by the bylaws and 
        regulations of the Conference;
            (6) prepare, for approval of the Council, estimates 
        of the budgetary requirements of the Conference;
            (7) appoint and fix the pay of employees, define 
        their duties and responsibilities, and direct and 
        supervise their activities;
            (8) rent office space in the District of Columbia;
            (9) provide necessary services for the Assembly, 
        the Council, and the committees of the Conference;
            (10) organize and direct studies ordered by the 
        Assembly or the Council, to contract for the 
        performance of such studies with any public or private 
        persons, firm, association, corporation, or institution 
        under title III of the Federal Property and 
        Administrative Services Act of 1949, as amended (41 
        U.S.C. 251-260), and to use from time to time, as 
        appropriate, experts and consultants who may be 
        employed in accordance with section 3109 of this title 
        at rates not in excess of the maximum rate of pay for 
        grade GS-15 as provided in section 5332 of this title;
            (11) utilize, with their consent, the services and 
        facilities of Federal agencies and of State and private 
        agencies and instrumentalities with or without 
        reimbursement;
            (12) accept, hold, administer, and utilize gifts, 
        devises, and bequests of property, both real and 
        personal, for the purpose of aiding and facilitating 
        the work of the Conference. Gifts and bequests of money 
        and proceeds from sales of other property received as 
        gifts, devises, or bequests shall be deposited in the 
        Treasury and shall be disbursed upon the order of the 
        Chairman. Property accepted pursuant to this section, 
        and the proceeds thereof, shall be used as nearly as 
        possible in accordance with the terms of the gifts, 
        devises, or bequests. For purposes of Federal income, 
        estate, or gift taxes, property accepted under this 
        section shall be considered as a gift, devise, or 
        bequest to the United States;
            (13) accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 
        31;
            (14) on request of the head of an agency, furnish 
        assistance and advice on matters of administrative 
        procedure;
            (15) exercise such additional authority as the 
        Council or Assembly delegates to him; and
            (16) request any administrative agency to notify 
        the Chairman of its intent to enter into any contract 
        with any person outside the agency to study the 
        efficiency, adequacy, of fairness of an agency 
        proceeding (as defined in section 551(12) of this 
        title).
The Chairman shall preside at meetings of the Council and at 
each plenary session of the Conference, to which he shall make 
a full report concerning the affairs of the Conference since 
the last preceding plenary session. The Chairman, on behalf of 
the Conference, shall transmit to the President and Congress an 
annual report and such interim reports as he considers 
desirable.

Sec. 596. Authorization of appropriations

    There are authorized to be appropriated to carry out the 
purposes of this subchapter not more than $2,000,000 for fiscal 
year 1990, $2,100,000 for fiscal year 1991, $2,200,000 for 
fiscal year 1992, $2,300,000 for fiscal year 1993, and 
$2,400,000 for fiscal year 1994. Of any amounts appropriated 
under this section, not more than $1,500 may be made available 
in each fiscal year for official representation and 
entertainment expenses for foreign dignitaries.



            CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS

Sec.
601.    Definitions.
602.    Regulatory agenda.
603.    Initial regulatory flexibility analysis.
604.    Final regulatory flexibility analysis.
605.    Avoidance of duplicative or unnecessary analyses.
606.    Effect on other law.
607.    Preparation of analyses.
608.    Procedure for waiver or delay of completion.
609.    Procedures for gathering comments.
610.    Periodic review of rules.
611.    Judicial review.
612.    Reports and intervention rights.

Sec. 601. Definitions

    For purposes of this chapter--
            (1) the term ``agency'' means an agency as defined 
        in section 551(1) of this title;
            (2) the term ``rule'' means any rule for which the 
        agency publishes a general notice of proposed 
        rulemaking pursuant to section 553(b) of this title, or 
        any other law, including any rule of general 
        applicability governing Federal grants to State and 
        local governments for which the agency provides an 
        opportunity for notice and public comment, except that 
        the term ``rule'' does not include a rule of particular 
        applicability relating to rates, wages, corporate or 
        financial structures or reorganizations thereof, 
        prices, facilities, appliances, services, or allowances 
        therefor or to valuations, costs or accounting, or 
        practices relating to such rates, wages, structures, 
        prices, appliances, services, or allowances;
            (3) the term ``small business'' has the same 
        meaning as the term ``small business concern'' under 
        section 3 of the Small Business Act, unless an agency, 
        after consultation with the Office of Advocacy of the 
        Small Business Administration and after opportunity for 
        public comment, establishes one or more definitions of 
        such term which are appropriate to the activities of 
        the agency and publishes such definition(s) in the 
        Federal Register;
            (4) the term ``small organization'' means any not-
        for-profit enterprise which is independently owned and 
        operated and is not dominant in its field, unless an 
        agency establishes, after opportunity for public 
        comment, one or more definitions of such term which are 
        appropriate to the activities of the agency and 
        publishes such definition(s) in the Federal Register;
            (5) the term ``small governmental jurisdiction'' 
        means governments of cities, counties, towns, 
        townships, villages, school districts, or special 
        districts, with a population of less than fifty 
        thousand, unless an agency establishes, after 
        opportunity for public comment, one or more definitions 
        of such term which are appropriate to the activities of 
        the agency and which are based on such factors as 
        location in rural or sparsely populated areas or 
        limited revenues due to the population of such 
        jurisdiction, and publishes such definition(s) in the 
        Federal Register;
            (6) the term ``small entity'' shall have the same 
        meaning as the terms ``small business'', ``small 
        organization'' and ``small governmental jurisdiction'' 
        defined in paragraphs (3), (4) and (5) of this section; 
        and \1\
            (7) the term ``collection of information''--
                    (A) means the obtaining, causing to be 
                obtained, soliciting, or requiring the 
                disclosure to third parties or the public, of 
                facts or opinions by or for an agency, 
                regardless of form or format, calling for 
                either--
                            (i) answers to identical questions 
                        posed to, or identical reporting or 
                        recordkeeping requirements imposed on, 
                        10 or more persons, other than 
                        agencies, instrumentalities, or 
                        employees of the United States; or
                            (ii) answers to questions posed to 
                        agencies, instrumentalities, or 
                        employees of the United States which 
                        are to be used for general statistical 
                        purposes; and
                    (B) shall not include a collection of 
                information described under section 3518(c)(1) 
                of title 44, United States Code. \1\
            (8) \1\ Recordkeeping requirement.--The term 
        ``recordkeeping requirement'' means a requirement 
        imposed by an agency on persons to maintain specified 
        records.
---------------------------------------------------------------------------
    \1\ So in law. Section 241(a)(2) of P.L. 104-121 (110 Stat. 864) 
amended paragraph (6) by striking the period and inserting ``; and'', 
and added new paragraphs (7) and (8).
---------------------------------------------------------------------------

Sec. 602. Regulatory agenda

    (a) During the months of October and April of each year, 
each agency shall publish in the Federal Register a regulatory 
flexibility agenda which shall contain--
            (1) a brief description of the subject area of any 
        rule which the agency expects to propose or promulgate 
        which is likely to have a significant economic impact 
        on a substantial number of small entities;
            (2) a summary of the nature of any such rule under 
        consideration for each subject area listed in the 
        agenda pursuant to paragraph (1), the objectives and 
        legal basis for the issuance of the rule, and an 
        approximate schedule for completing action on any rule 
        for which the agency has issued a general notice of 
        proposed rulemaking,\2\ and
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should be a semicolon.
---------------------------------------------------------------------------
            (3) the name and telephone number of an agency 
        official knowledgeable concerning the items listed in 
        paragraph (1).
    (b) Each regulatory flexibility agenda shall be transmitted 
to the Chief Counsel for Advocacy of the Small Business 
Administration for comment, if any.
    (c) Each agency shall endeavor to provide notice of each 
regulatory flexibility agenda to small entities or their 
representatives through direct notification or publication of 
the agenda in publications likely to be obtained by such small 
entities and shall invite comments upon each subject area on 
the agenda.
    (d) Nothing in this section precludes an agency from 
considering or acting on any matter not included in a 
regulatory flexibility agenda, or requires an agency to 
consider or act on any matter listed in such agenda.

Sec. 603. Initial regulatory flexibility analysis

    (a) Whenever an agency is required by section 553 of this 
title, or any other law, to publish general notice of proposed 
rulemaking for any proposed rule, or publishes a notice of 
proposed rulemaking for an interpretative rule involving the 
internal revenue laws of the United States, the agency shall 
prepare and make available for public comment an initial 
regulatory flexibility analysis. Such analysis shall describe 
the impact of the proposed rule on small entities. The initial 
regulatory flexibility analysis or a summary shall be published 
in the Federal Register at the time of the publication of 
general notice of proposed rulemaking for the rule. The agency 
shall transmit a copy of the initial regulatory flexibility 
analysis to the Chief Counsel for Advocacy of the Small 
Business Administration. In the case of an interpretative rule 
involving the internal revenue laws of the United States, this 
chapter applies to interpretative rules published in the 
Federal Register for codification in the Code of Federal 
Regulations, but only to the extent that such interpretative 
rules impose on small entities a collection of information 
requirement.
    (b) Each initial regulatory flexibility analysis required 
under this section shall contain--
            (1) a description of the reasons why action by the 
        agency is being considered;
            (2) a succinct statement of the objectives of, and 
        legal basis for, the proposed rule;
            (3) a description of and, where feasible, an 
        estimate of the number of small entities to which the 
        proposed rule will apply;
            (4) a description of the projected reporting, 
        recordkeeping and other compliance requirements of the 
        proposed rule, including an estimate of the classes of 
        small entities which will be subject to the requirement 
        and the type of professional skills necessary for 
        preparation of the report or record;\1\
---------------------------------------------------------------------------
    \1\ So in law. Probably should be ``; and''.
---------------------------------------------------------------------------
            (5) an identification, to the extent practicable, 
        of all relevant Federal rules which may duplicate, 
        overlap or conflict with the proposed rule.
    (c) Each initial regulatory flexibility analysis shall also 
contain a description of any significant alternatives to the 
proposed rule which accomplish the stated objectives of 
applicable statutes and which minimize any significant economic 
impact of the proposed rule on small entities. Consistent with 
the stated objectives of applicable statutes, the analysis 
shall discuss significant alternatives such as--
            (1) the establishment of differing compliance or 
        reporting requirements or timetables that take into 
        account the resources available to small entities;
            (2) the clarification, consolidation, or 
        simplification of compliance and reporting requirements 
        under the rule for such small entities;
            (3) the use of performance rather than design 
        standards; and
            (4) an exemption from coverage of the rule, or any 
        part thereof, for such small entities.

Sec. 604. Final regulatory flexibility analysis

    (a) When an agency promulgates a final rule under section 
553 of this title, after being required by that section or any 
other law to publish a general notice of proposed rulemaking, 
or promulgates a final interpretative rule involving the 
internal revenue laws of the United States as described in 
section 603(a), the agency shall prepare a final regulatory 
flexibility analysis. Each final regulatory flexibility 
analysis shall contain--
            (1) a succinct statement of the need for, and 
        objectives of, the rule;
            (2) a summary of the significant issues raised by 
        the public comments in response to the initial 
        regulatory flexibility analysis, a summary of the 
        assessment of the agency of such issues, and a 
        statement of any changes made in the proposed rule as a 
        result of such comments;
            (3) a description of and an estimate of the number 
        of small entities to which the rule will apply or an 
        explanation of why no such estimate is available;
            (4) a description of the projected reporting, 
        recordkeeping and other compliance requirements of the 
        rule, including an estimate of the classes of small 
        entities which will be subject to the requirement and 
        the type of professional skills necessary for 
        preparation of the report or record; and
            (5) a description of the steps the agency has taken 
        to minimize the significant economic impact on small 
        entities consistent with the stated objectives of 
        applicable statutes, including a statement of the 
        factual, policy, and legal reasons for selecting the 
        alternative adopted in the final rule and why each one 
        of the other significant alternatives to the rule 
        considered by the agency which affect the impact on 
        small entities was rejected.
    (b) The agency shall make copies of the final regulatory 
flexibility analysis available to members of the public and 
shall publish in the Federal Register such analysis or a 
summary thereof.

Sec. 605. Avoidance of duplicative or unnecessary analyses

    (a) Any Federal agency may perform the analyses required by 
sections 602, 603, and 604 of this title in conjunction with or 
as a part of any other agenda or analysis required by any other 
law if such other analysis satisfies the provisions of such 
sections.
    (b) Sections 603 and 604 of this title shall not apply to 
any proposed or final rule if the head of the agency certifies 
that the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities. If 
the head of the agency makes a certification under the 
preceding sentence, the agency shall publish such certification 
in the Federal Register at the time of publication of general 
notice of proposed rulemaking for the rule or at the time of 
publication of the final rule, along with a statement providing 
the factual basis for such certification. The agency shall 
provide such certification and statement to the Chief Counsel 
for Advocacy of the Small Business Administration.
    (c) In order to avoid duplicative action, an agency may 
consider a series of closely related rules as one rule for the 
purposes of sections 602, 603, 604 and 610 of this title.

Sec. 606. Effect on other law

    The requirements of sections 603 and 604 of this title do 
not alter in any manner standards otherwise applicable by law 
to agency action.

Sec. 607. Preparation of analyses

    In complying with the provisions of sections 603 and 604 of 
this title, an agency may provide either a quantifiable or 
numerical description of the effects of a proposed rule or 
alternatives to the proposed rule, or more general descriptive 
statements if quantification is not practicable or reliable.

Sec. 608. Procedure for waiver or delay of completion

    (a) An agency head may waive or delay the completion of 
some or all of the requirements of section 603 of this title by 
publishing in the Federal Register, not later than the date of 
publication of the final rule, a written finding, with reasons 
therefor, that the final rule is being promulgated in response 
to an emergency that makes compliance or timely compliance with 
the provisions of section 603 of this title impracticable.
    (b) Except as provided in section 605(b), an agency head 
may not waive the requirements of section 604 of this title. An 
agency head may delay the completion of the requirements of 
section 604 of this title for a period of not more than one 
hundred and eighty days after the date of publication in the 
Federal Register of a final rule by publishing in the Federal 
Register, not later than such date of publication, a written 
finding, with reasons therefor, that the final rule is being 
promulgated in response to an emergency that makes timely 
compliance with the provisions of section 604 of this title 
impracticable. If the agency has not prepared a final 
regulatory analysis pursuant to section 604 of this title 
within one hundred and eighty days from the date of publication 
of the final rule, such rule shall lapse and have no effect. 
Such rule shall not be repromulgated until a final regulatory 
flexibility analysis has been completed by the agency.

Sec. 609. Procedures for gathering comments

    (a) When any rule is promulgated which will have a 
significant economic impact on a substantial number of small 
entities, the head of the agency promulgating the rule or the 
official of the agency with statutory responsibility for the 
promulgation of the rule shall assure that small entities have 
been given an opportunity to participate in the rulemaking for 
the rule through techniques \1\ such as--
---------------------------------------------------------------------------
    \1\ Section 244(a)(1) of P.L. 104-121 (110 Stat. 867) attempted to 
amend section 609 by inserting ``the reasonable use of'' before 
``techniques,''. No comma appears after ``techniques'', therefore the 
amendment was not executed.
---------------------------------------------------------------------------
            (1) the inclusion in an advanced notice of proposed 
        rulemaking, if issued, of a statement that the proposed 
        rule may have a significant economic effect on a 
        substantial number of small entities;
            (2) the publication of general notice of proposed 
        rulemaking in publications likely to be obtained by 
        small entities;
            (3) the direct notification of interested small 
        entities;
            (4) the conduct of open conferences or public 
        hearings concerning the rule for small entities 
        including soliciting and receiving comments over 
        computer networks; and
            (5) the adoption or modification of agency 
        procedural rules to reduce the cost or complexity of 
        participation in the rulemaking by small entities.
    (b) Prior to publication of an initial regulatory 
flexibility analysis which a covered agency is required to 
conduct by this chapter--
            (1) a covered agency shall notify the Chief Counsel 
        for Advocacy of the Small Business Administration and 
        provide the Chief Counsel with information on the 
        potential impacts of the proposed rule on small 
        entities and the type of small entities that might be 
        affected;
            (2) not later than 15 days after the date of 
        receipt of the materials described in paragraph (1), 
        the Chief Counsel shall identify individuals 
        representative of affected small entities for the 
        purpose of obtaining advice and recommendations from 
        those individuals about the potential impacts of the 
        proposed rule;
            (3) the agency shall convene a review panel for 
        such rule consisting wholly of full time Federal 
        employees of the office within the agency responsible 
        for carrying out the proposed rule, the Office of 
        Information and Regulatory Affairs within the Office of 
        Management and Budget, and the Chief Counsel;
            (4) the panel shall review any material the agency 
        has prepared in connection with this chapter, including 
        any draft proposed rule, collect advice and 
        recommendations of each individual small entity 
        representative identified by the agency after 
        consultation with the Chief Counsel, on issues related 
        to subsections 603(b), paragraphs (3), (4) and (5) and 
        603(c); \2\
---------------------------------------------------------------------------
    \2\ So in law. See section 244(a)(4) of Public Law 104-121 (110 
Stat. 867).
---------------------------------------------------------------------------
            (5) not later than 60 days after the date a covered 
        agency convenes a review panel pursuant to paragraph 
        (3), the review panel shall report on the comments of 
        the small entity representatives and its findings as to 
        issues related to subsections 603(b), paragraphs (3), 
        (4) and (5) and 603(c) \2\, provided that such report 
        shall be made public as part of the rulemaking record; 
        and
            (6) where appropriate, the agency shall modify the 
        proposed rule, the initial regulatory flexibility 
        analysis or the decision on whether an initial 
        regulatory flexibility analysis is required.
    (c) An agency may in its discretion apply subsection (b) to 
rules that the agency intends to certify under subsection 
605(b), but the agency believes may have a greater than de 
minimis impact on a substantial number of small entities.
    (d) For purposes of this section, the term ``covered 
agency'' means the Environmental Protection Agency and the 
Occupational Safety and Health Administration of the Department 
of Labor.
    (e) The Chief Counsel for Advocacy, in consultation with 
the individuals identified in subsection (b)(2), and with the 
Administrator of the Office of Information and Regulatory 
Affairs within the Office of Management and Budget, may waive 
the requirements of subsections (b)(3), (b)(4), and (b)(5) by 
including in the rulemaking record a written finding, with 
reasons therefor, that those requirements would not advance the 
effective participation of small entities in the rulemaking 
process. For purposes of this subsection, the factors to be 
considered in making such a finding are as follows:
            (1) In developing a proposed rule, the extent to 
        which the covered agency consulted with individuals 
        representative of affected small entities with respect 
        to the potential impacts of the rule and took such 
        concerns into consideration.
            (2) Special circumstances requiring prompt issuance 
        of the rule.
            (3) Whether the requirements of subsection (b) 
        would provide the individuals identified in subsection 
        (b)(2) with a competitive advantage relative to other 
        small entities.

Sec. 610. Periodic review of rules

    (a) Within one hundred and eighty days after the effective 
date of this chapter, each agency shall publish in the Federal 
Register a plan for the periodic review of the rules issued by 
the agency which have or will have a significant economic 
impact upon a substantial number of small entities. Such plan 
may be amended by the agency at any time by publishing the 
revision in the Federal Register. The purpose of the review 
shall be to determine whether such rules should be continued 
without change, or should be amended or rescinded, consistent 
with the stated objectives of applicable statutes, to minimize 
any significant economic impact of the rules upon a substantial 
number of such small entities. The plan shall provide for the 
review of all such agency rules existing on the effective date 
of this chapter within ten years of that date and for the 
review of such rules adopted after the effective date of this 
chapter within ten years of the publication of such rules as 
the final rule. If the head of the agency determines that 
completion of the review of existing rules is not feasible by 
the established date, he shall so certify in a statement 
published in the Federal Register and may extend the completion 
date by one year at a time for a total of not more than five 
years.
    (b) In reviewing rules to minimize any significant economic 
impact of the rule on a substantial number of small entities in 
a manner consistent with the stated objectives of applicable 
statutes, the agency shall consider the following factors--
            (1) the continued need for the rule;
            (2) the nature of complaints or comments received 
        concerning the rule from the public;
            (3) the complexity of the rule;
            (4) the extent to which the rule overlaps, 
        duplicates or conflicts with other Federal rules, and, 
        to the extent feasible, with State and local 
        governmental rules; and
            (5) the length of time since the rule has been 
        evaluated or the degree to which technology, economic 
        conditions, or other factors have changed in the area 
        affected by the rule.
    (c) Each year, each agency shall publish in the Federal 
Register a list of the rules which have a significant economic 
impact on a substantial number of small entities, which are to 
be reviewed pursuant to this section during the succeeding 
twelve months. The list shall include a brief description of 
each rule and the need for and legal basis of such rule and 
shall invite public comment upon the rule.

Sec. 611. Judicial review

    (a)(1) For any rule subject to this chapter, a small entity 
that is adversely affected or aggrieved by final agency action 
is entitled to judicial review of agency compliance with the 
requirements of sections 601, 604, 605(b), 608(b), and 610 in 
accordance with chapter 7. Agency compliance with sections 607 
and 609(a) shall be judicially reviewable in connection with 
judicial review of section 604.
    (2) Each court having jurisdiction to review such rule for 
compliance with section 553, or under any other provision of 
law, shall have jurisdiction to review any claims of 
noncompliance with sections 601, 604, 605(b), 608(b), and 610 
in accordance with chapter 7. Agency compliance with sections 
607 and 609(a) shall be judicially reviewable in connection 
with judicial review of section 604.
    (3)(A) A small entity may seek such review during the 
period beginning on the date of final agency action and ending 
one year later, except that where a provision of law requires 
that an action challenging a final agency action be commenced 
before the expiration of one year, such lesser period shall 
apply to an action for judicial review under this section.
    (B) In the case where an agency delays the issuance of a 
final regulatory flexibility analysis pursuant to section 
608(b) of this chapter, an action for judicial review under 
this section shall be filed not later than--
            (i) one year after the date the analysis is made 
        available to the public, or
            (ii) where a provision of law requires that an 
        action challenging a final agency regulation be 
        commenced before the expiration of the 1-year period, 
        the number of days specified in such provision of law 
        that is after the date the analysis is made available 
        to the public.
    (4) In granting any relief in an action under this section, 
the court shall order the agency to take corrective action 
consistent with this chapter and chapter 7, including, but not 
limited to--
            (A) remanding the rule to the agency, and
            (B) deferring the enforcement of the rule against 
        small entities unless the court finds that continued 
        enforcement of the rule is in the public interest.
    (5) Nothing in this subsection shall be construed to limit 
the authority of any court to stay the effective date of any 
rule or provision thereof under any other provision of law or 
to grant any other relief in addition to the requirements of 
this section.
    (b) In an action for the judicial review of a rule, the 
regulatory flexibility analysis for such rule, including an 
analysis prepared or corrected pursuant to paragraph (a)(4), 
shall constitute part of the entire record of agency action in 
connection with such review.
    (c) Compliance or noncompliance by an agency with the 
provisions of this chapter shall be subject to judicial review 
only in accordance with this section.
    (d) Nothing in this section bars judicial review of any 
other impact statement or similar analysis required by any 
other law if judicial review of such statement or analysis is 
otherwise permitted by law.

Sec. 612. Reports and intervention rights

    (a) The Chief Counsel for Advocacy of the Small Business 
Administration shall monitor agency compliance with this 
chapter and shall report at least annually thereon to the 
President and to the Committees on the Judiciary of the Senate 
and House of Representatives, the Select Committee on Small 
Business of the Senate, and the Committee on Small Business of 
the House of Representatives.\1\
---------------------------------------------------------------------------
    \1\ Section 243(b)(1) of Public Law 104-121 attempted to amend 
section 612(a) by striking ``the committees on the Judiciary of the 
Senate and the House of Representatives, the Select Committee on Small 
Business of the Senate, and the Committee on Small Business of the 
House of Representatives'' and inserting ``the Committees on the 
Judiciary and Small Business of the Senate and House of 
Representatives''. The amendment was not executed because the matter 
proposed to be struck is not an exact statement of the law.
---------------------------------------------------------------------------
    (b) The Chief Counsel for Advocacy of the Small Business 
Administration is authorized to appear as amicus curiae in any 
action brought in a court of the United States to review a 
rule. In any such action, the Chief Counsel is authorized to 
present his or her views with respect to compliance with this 
chapter, the adequacy of the rulemaking record with respect to 
small entities and the effect of the rule on small entities.
    (c) A court of the United States shall grant the 
application of the Chief Counsel for Advocacy of the Small 
Business Administration to appear in any such action for the 
purposes described in subsection (b).


                       CHAPTER 7--JUDICIAL REVIEW

Sec.
701.    Application; definitions.
702.    Right of review.
703.    Form and venue of proceeding.
704.    Actions reviewable.
705.    Relief pending review.
706.    Scope of review.

Sec. 701. Application; definitions

    (a) This chapter applies, according to the provisions 
thereof, except to the extent that--
            (1) statutes preclude judicial review; or
            (2) agency action is committed to agency discretion 
        by law.
    (b) For the purpose of this chapter--
            (1) ``agency'' means each authority of the 
        Government of the United States, whether or not it is 
        within or subject to review by another agency, but does 
        not include--
                    (A) the Congress;
                    (B) the courts of the United States;
                    (C) the governments of the territories or 
                possessions of the United States;
                    (D) the government of the District of 
                Columbia;
                    (E) agencies composed of representatives of 
                the parties or of representatives of 
                organizations of the parties to the disputes 
                determined by them;
                    (F) courts martial and military 
                commissions;
                    (G) military authority exercised in the 
                field in time of war or in occupied territory; 
                or
                    (H) functions conferred by sections 1738, 
                1739, 1743, and 1744 of title 12; chapter 2 of 
                title 41; subchapter II of chapter 471 of title 
                49; or sections 1884, 1891-1902, and former 
                section 1641(b)(2), of title 50, appendix; and
            (2) ``person'', ``rule'', ``order'', ``license'', 
        ``sanction'', ``relief'', and ``agency action'' have 
        the meanings given them by section 551 of this title.

Sec. 702. Right of review

    A person suffering legal wrong because of agency action, or 
adversely affected or aggrieved by agency action within the 
meaning of a relevant statute, is entitled to judicial review 
thereof. An action in a court of the United States seeking 
relief other than money damages and stating a claim that an 
agency or an officer or employee thereof acted or failed to act 
in an official capacity or under color of legal authority shall 
not be dismissed nor relief therein be denied on the ground 
that it is against the United States or that the United States 
is an indispensable party. The United States may be named as a 
defendant in any such action, and a judgment or decree may be 
entered against the United States: Provided, That any mandatory 
or injunctive decree shall specify the Federal officer or 
officers (by name or by title), and their successors in office, 
personally responsible for compliance. Nothing herein (1) 
affects other limitations on judicial review or the power or 
duty of the court to dismiss any action or deny relief on any 
other appropriate legal or equitable ground; or (2) confers 
authority to grant relief if any other statute that grants 
consent to suit expressly or impliedly forbids the relief which 
is sought.

Sec. 703. Form and venue of proceeding

    The form of proceeding for judicial review is the special 
statutory review proceeding relevant to the subject matter in a 
court specified by statute or, in the absence or inadequacy 
thereof, any applicable form of legal action, including actions 
for declaratory judgments or writs of prohibitory or mandatory 
injunction or habeas corpus, in a court of competent 
jurisdiction. If no special statutory review proceeding is 
applicable, the action for judicial review may be brought 
against the United States, the agency by its official title, or 
the appropriate officer. Except to the extent that prior, 
adequate, and exclusive opportunity for judicial review is 
provided by law, agency action is subject to judicial review in 
civil or criminal proceedings for judicial enforcement.

Sec. 704. Actions reviewable

    Agency action made reviewable by statute and final agency 
action for which there is no other adequate remedy in a court 
are subject to judicial review. A preliminary, procedural, or 
intermediate agency action or ruling not directly reviewable is 
subject to review on the review of the final agency action. 
Except as otherwise expressly required by statute, agency 
action otherwise final is final for the purposes of this 
section whether or not there has been presented or determined 
an application for a declaratory order, for any form of 
reconsideration, or, unless the agency otherwise requires by 
rule and provides that the action meanwhile is inoperative, for 
an appeal to superior agency authority.

Sec. 705. Relief pending review

    When an agency finds that justice so requires, it may 
postpone the effective date of action taken by it, pending 
judicial review. On such conditions as may be required and to 
the extent necessary to prevent irreparable injury, the 
reviewing court, including the court to which a case may be 
taken on appeal from or on application for certiorari or other 
writ to a reviewing court, may issue all necessary and 
appropriate process to postpone the effective date of an agency 
action or to preserve status or rights pending conclusion of 
the review proceedings.

Sec. 706. Scope of review

    To the extent necessary to decision and when presented, the 
reviewing court shall decide all relevant questions of law, 
interpret constitutional and statutory provisions, and 
determine the meaning or applicability of the terms of an 
agency action. The reviewing court shall--
            (1) compel agency action unlawfully withheld or 
        unreasonably delayed; and
            (2) hold unlawful and set aside agency action, 
        findings, and conclusions found to be--
                    (A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with 
                law;
                    (B) contrary to constitutional right, 
                power, privilege, or immunity;
                    (C) in excess of statutory jurisdiction, 
                authority, or limitations, or short of 
                statutory right;
                    (D) without observance of procedure 
                required by law;
                    (E) unsupported by substantial evidence in 
                a case subject to sections 556 and 557 of this 
                title or otherwise reviewed on the record of an 
                agency hearing provided by statute; or
                    (F) unwarranted by the facts to the extent 
                that the facts are subject to trial de novo by 
                the reviewing court.
In making the foregoing determinations, the court shall review 
the whole record or those parts of it cited by a party, and due 
account shall be taken of the rule of prejudicial error.


          CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

Sec.
801.    Congressional review.
802.    Congressional disapproval procedure.
803.    Special rule on statutory, regulatory, and judicial deadlines.
804.    Definitions.
805.    Judicial review.
806.    Applicability; severability.
807.    Exemption for monetary policy.
808.    Effective date of certain rules.

Sec. 801. Congressional review

    (a)(1)(A) Before a rule can take effect, the Federal agency 
promulgating such rule shall submit to each House of the 
Congress and to the Comptroller General a report containing--
            (i) a copy of the rule;
            (ii) a concise general statement relating to the 
        rule, including whether it is a major rule; and
            (iii) the proposed effective date of the rule.
    (B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule 
shall submit to the Comptroller General and make available to 
each House of Congress--
            (i) a complete copy of the cost-benefit analysis of 
        the rule, if any;
            (ii) the agency's actions relevant to sections 603, 
        604, 605, 607, and 609;
            (iii) the agency's actions relevant to sections 
        202, 203, 204, and 205 of the Unfunded Mandates Reform 
        Act of 1995; and
            (iv) any other relevant information or requirements 
        under any other Act and any relevant Executive orders.
    (C) Upon receipt of a report submitted under subparagraph 
(A), each House shall provide copies of the report to the 
chairman and ranking member of each standing committee with 
jurisdiction under the rules of the House of Representatives or 
the Senate to report a bill to amend the provision of law under 
which the rule is issued.
    (2)(A) The Comptroller General shall provide a report on 
each major rule to the committees of jurisdiction in each House 
of the Congress by the end of 15 calendar days after the 
submission or publication date as provided in section 
802(b)(2). The report of the Comptroller General shall include 
an assessment of the agency's compliance with procedural steps 
required by paragraph (1)(B).
    (B) Federal agencies shall cooperate with the Comptroller 
General by providing information relevant to the Comptroller 
General's report under subparagraph (A).
    (3) A major rule relating to a report submitted under 
paragraph (1) shall take effect on the latest of--
            (A) the later of the date occurring 60 days after 
        the date on which--
                    (i) the Congress receives the report 
                submitted under paragraph (1); or
                    (ii) the rule is published in the Federal 
                Register, if so published;
            (B) if the Congress passes a joint resolution of 
        disapproval described in section 802 relating to the 
        rule, and the President signs a veto of such 
        resolution, the earlier date--
                    (i) on which either House of Congress votes 
                and fails to override the veto of the 
                President; or
                    (ii) occurring 30 session days after the 
                date on which the Congress received the veto 
                and objections of the President; or
            (C) the date the rule would have otherwise taken 
        effect, if not for this section (unless a joint 
        resolution of disapproval under section 802 is 
        enacted).
    (4) Except for a major rule, a rule shall take effect as 
otherwise provided by law after submission to Congress under 
paragraph (1).
    (5) Notwithstanding paragraph (3), the effective date of a 
rule shall not be delayed by operation of this chapter beyond 
the date on which either House of Congress votes to reject a 
joint resolution of disapproval under section 802.
    (b)(1) A rule shall not take effect (or continue), if the 
Congress enacts a joint resolution of disapproval, described 
under section 802, of the rule.
    (2) A rule that does not take effect (or does not continue) 
under paragraph (1) may not be reissued in substantially the 
same form, and a new rule that is substantially the same as 
such a rule may not be issued, unless the reissued or new rule 
is specifically authorized by a law enacted after the date of 
the joint resolution disapproving the original rule.
    (c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule that would not take 
effect by reason of subsection (a)(3) may take effect, if the 
President makes a determination under paragraph (2) and submits 
written notice of such determination to the Congress.
    (2) Paragraph (1) applies to a determination made by the 
President by Executive order that the rule should take effect 
because such rule is--
            (A) necessary because of an imminent threat to 
        health or safety or other emergency;
            (B) necessary for the enforcement of criminal laws;
            (C) necessary for national security; or
            (D) issued pursuant to any statute implementing an 
        international trade agreement.
    (3) An exercise by the President of the authority under 
this subsection shall have no effect on the procedures under 
section 802 or the effect of a joint resolution of disapproval 
under this section.
    (d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which 
a report was submitted in accordance with subsection (a)(1)(A) 
during the period beginning on the date occurring--
            (A) in the case of the Senate, 60 session days, or
            (B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress adjourns a session of Congress 
through the date on which the same or succeeding Congress first 
convenes its next session, section 802 shall apply to such rule 
in the succeeding session of Congress.
    (2)(A) In applying section 802 for purposes of such 
additional review, a rule described under paragraph (1) shall 
be treated as though--
            (i) such rule were published in the Federal 
        Register (as a rule that shall take effect) on--
                    (I) in the case of the Senate, the 15th 
                session day, or
                    (II) in the case of the House of 
                Representatives, the 15th legislative day,
        after the succeeding session of Congress first 
        convenes; and
            (ii) a report on such rule were submitted to 
        Congress under subsection (a)(1) on such date.
    (B) Nothing in this paragraph shall be construed to affect 
the requirement under subsection (a)(1) that a report shall be 
submitted to Congress before a rule can take effect.
    (3) A rule described under paragraph (1) shall take effect 
as otherwise provided by law (including other subsections of 
this section).
    (e)(1) For purposes of this subsection, section 802 shall 
also apply to any major rule promulgated between March 1, 1996, 
and the date of the enactment of this chapter.
    (2) In applying section 802 for purposes of Congressional 
review, a rule described under paragraph (1) shall be treated 
as though--
            (A) such rule were published in the Federal 
        Register on the date of enactment of this chapter; and
            (B) a report on such rule were submitted to 
        Congress under subsection (a)(1) on such date.
    (3) The effectiveness of a rule described under paragraph 
(1) shall be as otherwise provided by law, unless the rule is 
made of no force or effect under section 802.
    (f) Any rule that takes effect and later is made of no 
force or effect by enactment of a joint resolution under 
section 802 shall be treated as though such rule had never 
taken effect.
    (g) If the Congress does not enact a joint resolution of 
disapproval under section 802 respecting a rule, no court or 
agency may infer any intent of the Congress from any action or 
inaction of the Congress with regard to such rule, related 
statute, or joint resolution of disapproval.

Sec. 802. Congressional disapproval procedure

    (a) For purposes of this section, the term ``joint 
resolution'' means only a joint resolution introduced in the 
period beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress and ending 60 days 
thereafter (excluding days either House of Congress is 
adjourned for more than 3 days during a session of Congress), 
the matter after the resolving clause of which is as follows: 
``That Congress disapproves the rule submitted by the ____ 
relating to ____, and such rule shall have no force or 
effect.'' (The blank spaces being appropriately filled in).
    (b)(1) A joint resolution described in subsection (a) shall 
be referred to the committees in each House of Congress with 
jurisdiction.
    (2) For purposes of this section, the term ``submission or 
publication date'' means the later of the date on which--
            (A) the Congress receives the report submitted 
        under section 801(a)(1); or
            (B) the rule is published in the Federal Register, 
        if so published.
    (c) In the Senate, if the committee to which is referred a 
joint resolution described in subsection (a) has not reported 
such joint resolution (or an identical joint resolution) at the 
end of 20 calendar days after the submission or publication 
date defined under subsection (b)(2), such committee may be 
discharged from further consideration of such joint resolution 
upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the 
calendar.
    (d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is 
discharged (under subsection (c)) from further consideration of 
a joint resolution described in subsection (a), it is at any 
time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to 
the consideration of the joint resolution, and all points of 
order against the joint resolution (and against consideration 
of the joint resolution) are waived. The motion is not subject 
to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or 
disagreed to shall not be in order. If a motion to proceed to 
the consideration of the joint resolution is agreed to, the 
joint resolution shall remain the unfinished business of the 
Senate until disposed of.
    (2) In the Senate, debate on the joint resolution, and on 
all debatable motions and appeals in connection therewith, 
shall be limited to not more than 10 hours, which shall be 
divided equally between those favoring and those opposing the 
joint resolution. A motion further to limit debate is in order 
and not debatable. An amendment to, or a motion to postpone, or 
a motion to proceed to the consideration of other business, or 
a motion to recommit the joint resolution is not in order.
    (3) In the Senate, immediately following the conclusion of 
the debate on a joint resolution described in subsection (a), 
and a single quorum call at the conclusion of the debate if 
requested in accordance with the rules of the Senate, the vote 
on final passage of the joint resolution shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure 
relating to a joint resolution described in subsection (a) 
shall be decided without debate.
    (e) In the Senate the procedure specified in subsection (c) 
or (d) shall not apply to the consideration of a joint 
resolution respecting a rule--
            (1) after the expiration of the 60 session days 
        beginning with the applicable submission or publication 
        date, or
            (2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 
        801(d)(1), after the expiration of the 60 session days 
        beginning on the 15th session day after the succeeding 
        session of Congress first convenes.
    (f) If, before the passage by one House of a joint 
resolution of that House described in subsection (a), that 
House receives from the other House a joint resolution 
described in subsection (a), then the following procedures 
shall apply:
            (1) The joint resolution of the other House shall 
        not be referred to a committee.
            (2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint 
        resolution--
                    (A) the procedure in that House shall be 
                the same as if no joint resolution had been 
                received from the other House; but
                    (B) the vote on final passage shall be on 
                the joint resolution of the other House.
    (g) This section is enacted by Congress--
            (1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, and 
        as such it is deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the 
        procedure to be followed in that House in the case of a 
        joint resolution described in subsection (a), and it 
        supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional 
        right of either House to change the rules (so far as 
        relating to the procedure of that House) at any time, 
        in the same manner, and to the same extent as in the 
        case of any other rule of that House.

Sec. 803. Special rule on statutory, regulatory, and judicial deadlines

    (a) In the case of any deadline for, relating to, or 
involving any rule which does not take effect (or the 
effectiveness of which is terminated) because of enactment of a 
joint resolution under section 802, that deadline is extended 
until the date 1 year after the date of enactment of the joint 
resolution. Nothing in this subsection shall be construed to 
affect a deadline merely by reason of the postponement of a 
rule's effective date under section 801(a).
    (b) The term ``deadline'' means any date certain for 
fulfilling any obligation or exercising any authority 
established by or under any Federal statute or regulation, or 
by or under any court order implementing any Federal statute or 
regulation.

Sec. 804. Definitions

    For purposes of this chapter--
            (1) The term ``Federal agency'' means any agency as 
        that term is defined in section 551(1).
            (2) The term ``major rule'' means any rule that the 
        Administrator of the Office of Information and 
        Regulatory Affairs of the Office of Management and 
        Budget finds has resulted in or is likely to result 
        in--
                    (A) an annual effect on the economy of 
                $100,000,000 or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, 
                State, or local government agencies, or 
                geographic regions; or
                    (C) significant adverse effects on 
                competition, employment, investment, 
                productivity, innovation, or on the ability of 
                United States-based enterprises to compete with 
                foreign-based enterprises in domestic and 
                export markets.
        The term does not include any rule promulgated under 
        the Telecommunications Act of 1996 and the amendments 
        made by that Act.
            (3) The term ``rule'' has the meaning given such 
        term in section 551, except that such term does not 
        include--
                    (A) any rule of particular applicability, 
                including a rule that approves or prescribes 
                for the future rates, wages, prices, services, 
                or allowances therefor, corporate or financial 
                structures, reorganizations, mergers, or 
                acquisitions thereof, or accounting practices 
                or disclosures bearing on any of the foregoing;
                    (B) any rule relating to agency management 
                or personnel; or
                    (C) any rule of agency organization, 
                procedure, or practice that does not 
                substantially affect the rights or obligations 
                of non-agency parties.

Sec. 805. Judicial review

    No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.

Sec. 806. Applicability; severability

    (a) This chapter shall apply notwithstanding any other 
provision of law.
    (b) If any provision of this chapter or the application of 
any provision of this chapter to any person or circumstance, is 
held invalid, the application of such provision to other 
persons or circumstances, and the remainder of this chapter, 
shall not be affected thereby.

Sec. 807. Exemption for monetary policy

    Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of 
Governors of the Federal Reserve System or the Federal Open 
Market Committee.

Sec. 808. Effective date of certain rules

    Notwithstanding section 801--
            (1) any rule that establishes, modifies, opens, 
        closes, or conducts a regulatory program for a 
        commercial, recreational, or subsistence activity 
        related to hunting, fishing, or camping, or
            (2) any rule which an agency for good cause finds 
        (and incorporates the finding and a brief statement of 
        reasons therefor in the rule issued) that notice and 
        public procedure thereon are impracticable, 
        unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency 
promulgating the rule determines.


                  CHAPTER 9--EXECUTIVE REORGANIZATION

Sec.
901.    Purpose.
902.    Definitions.
903.    Reorganization plans.
904.    Additional contents of reorganization plan.
905.    Limitation on powers.
906.    Effective date and publication of reorganization plans.
907.    Effect on other laws, pending legal proceedings, and unexpended 
          appropriations.
908.    Rules of Senate and House of Representatives on reorganization 
          plans.
909.    Terms of resolution.
910.    Introduction and reference of resolution.
911.    Discharge of committee considering resolution.
912.    Procedure after report or discharge of committee; debate; vote 
          on final passage.

Sec. 901. Purpose

    (a) The Congress declares that it is the policy of the 
United States--
            (1) to promote the better execution of the laws, 
        the more effective management of the executive branch 
        and of its agencies and functions, and the expeditious 
        administration of the public business;
            (2) to reduce expenditures and promote economy to 
        the fullest extent consistent with the efficient 
        operation of the Government;
            (3) to increase the efficiency of the operations of 
        the Government to the fullest extent practicable;
            (4) to group, coordinate, and consolidate agencies 
        and functions of the Government, as nearly as may be, 
        according to major purposes;
            (5) to reduce the number of agencies by 
        consolidating those having similar functions under a 
        single head, and to abolish such agencies or functions 
        thereof as may not be necessary for the efficient 
        conduct of the Government; and
            (6) to eliminate overlapping and duplication of 
        effort.
    (b) Congress declares that the public interest demands the 
carrying out of the purposes of subsection (a) of this section 
and that the purposes may be accomplished in great measure by 
proceeding under this chapter, and can be accomplished more 
speedily thereby than by the enactment of specific legislation.
    (c) It is the intent of Congress that the President should 
provide appropriate means for broad citizen advice and 
participation in restructuring and reorganizing the executive 
branch.
    (d) The President shall from time to time examine the 
organization of all agencies and shall determine what changes 
in such organization are necessary to carry out any policy set 
forth in subsection (a) of this section.

Sec. 902. Definitions

    For the purpose of this chapter--
            (1) ``agency'' means--
                    (A) an Executive agency or part thereof; 
                and
                    (B) an office or officer in the executive 
                branch;
        but does not include the General Accounting Office or 
        the Comptroller General of the United States;
            (2) ``reorganization'' means a transfer, 
        consolidation, coordination, authorization, or 
        abolition, referred to in section 903 of this title; 
        and
            (3) ``officer'' is not limited by section 2104 of 
        this title.

Sec. 903. Reorganization plans

    (a) Whenever the President, after investigation, finds that 
changes in the organization of agencies are necessary to carry 
out any policy set forth in section 901(a) of this title, he 
shall prepare a reorganization plan specifying the 
reorganizations he finds are necessary. Any plan may provide 
for--
            (1) the transfer of the whole or a part of an 
        agency, or of the whole or a part of the functions 
        thereof, to the jurisdiction and control of another 
        agency;
            (2) the abolition of all or a part of the functions 
        of an agency, except that no enforcement function or 
        statutory program shall be abolished by the plan;
            (3) the consolidation or coordination of the whole 
        or a part of an agency, or of the whole or a part of 
        the functions thereof, with the whole or a part of 
        another agency or the functions thereof;
            (4) the consolidation or coordination of part of an 
        agency or the functions thereof with another part of 
        the same agency or the functions thereof;
            (5) the authorization of an officer to delegate any 
        of his functions; or
            (6) the abolition of the whole or a part of an 
        agency which agency or part does not have, or on the 
        taking effect of the reorganization plan will not have, 
        any functions.
The President shall transmit the plan (bearing an 
identification number) to the Congress together with a 
declaration that, with respect to each reorganization included 
in the plan, he has found that the reorganization is necessary 
to carry out any policy set forth in section 901(a) of this 
title.
    (b) The President shall have a reorganization plan 
delivered to both Houses on the same day and to each House 
while it is in session, except that no more than three plans 
may be pending before the Congress at one time. In his message 
transmitting a reorganization plan, the President shall specify 
with respect to each abolition of a function included in the 
plan the statutory authority for the exercise of the function. 
The message shall also estimate any reduction or increase in 
expenditures (itemized so far as practicable), and describe any 
improvements in management, delivery of Federal services, 
execution of the laws, and increases in efficiency of 
Government operations, which it is expected will be realized as 
a result of the reorganizations included in the plan. In 
addition, the President's message shall include an 
implementation section which shall (1) describe in detail (A) 
the actions necessary or planned to complete the 
reorganization, (B) the anticipated nature and substance of any 
orders, directives, and other administrative and operational 
actions which are expected to be required for completing or 
implementing the reorganization, and (C) any preliminary 
actions which have been taken in the implementation process, 
and (2) contain a projected timetable for completion of the 
implementation process. The President shall also submit such 
further background or other information as the Congress may 
require for its consideration of the plan.
    (c) Any time during the period of 60 calendar days of 
continuous session of Congress after the date on which the plan 
is transmitted to it, but before any resolution described in 
section 909 has been ordered reported in either House, the 
President may make amendments or modifications to the plan, 
consistent with sections 903-905 of this title, which 
modifications or revisions shall thereafter be treated as a 
part of the reorganization plan originally transmitted and 
shall not affect in any way the time limits otherwise provided 
for in this chapter. The President may withdraw the plan any 
time prior to the conclusion of 90 calendar days of continuous 
session of Congress following the date on which the plan is 
submitted to Congress.

Sec. 904. Additional contents of reorganization plan

    A reorganization plan transmitted by the President under 
section 903 of this title--
            (1) may, subject to section 905, change, in such 
        cases as the President considers necessary, the name of 
        an agency affected by a reorganization and the title of 
        its head, and shall designate the name of an agency 
        resulting from a reorganization and the title of its 
        head;
            (2) may provide for the appointment and pay of the 
        head and one or more officers of any agency (including 
        an agency resulting from a consolidation or other type 
        of reorganization) if the President finds, and in his 
        message transmitting the plan declares, that by reason 
        of a reorganization made by the plan the provisions are 
        necessary;
            (3) shall provide for the transfer or other 
        disposition of the records, property, and personnel 
        affected by a reorganization;
            (4) shall provide for the transfer of such 
        unexpended balances of appropriations, and of other 
        funds, available for use in connection with a function 
        or agency affected by a reorganization, as the 
        President considers necessary by reason of the 
        reorganization for use in connection with the functions 
        affected by the reorganization, or for the use of the 
        agency which shall have the functions after the 
        reorganization plan is effective; and
            (5) shall provide for terminating the affairs of an 
        agency abolished.
A reorganization plan transmitted by the President containing 
provisions authorized by paragraph (2) of this section may 
provide that the head of an agency be an individual or a 
commission or board with more than one member. In the case of 
an appointment of the head of such an agency, the term of 
office may not be fixed at more than four years, the pay may 
not be at a rate in excess of that found by the President to be 
applicable to comparable officers in the executive branch, and 
if the appointment is not to a position in the competitive 
service, it shall be by the President, by and with the advice 
and consent of the Senate. Any reorganization plan transmitted 
by the President containing provisions required by paragraph 
(4) of this section shall provide for the transfer of 
unexpended balances only if such balances are used for the 
purposes for which the appropriation was originally made.

Sec. 905. Limitation on powers

    (a) A reorganization plan may not provide for, and a 
reorganization under this chapter may not have the effect of--
            (1) creating a new executive department or renaming 
        an existing executive department, abolishing or 
        transferring an executive department or independent 
        regulatory agency, or all the functions thereof, or 
        consolidating two or more executive departments or two 
        or more independent regulatory agencies, or all the 
        functions thereof;
            (2) continuing an agency beyond the period 
        authorized by law for its existence or beyond the time 
        when it would have terminated if the reorganization had 
        not been made;
            (3) continuing a function beyond the period 
        authorized by law for its exercise or beyond the time 
        when it would have terminated if the reorganization had 
        not been made;
            (4) authorizing an agency to exercise a function 
        which is not expressly authorized by law at the time 
        the plan is transmitted to Congress;
            (5) creating a new agency which is not a component 
        or part of an existing executive department or 
        independent agency;
            (6) increasing the term of an office beyond that 
        provided by law for the office; or
            (7) dealing with more than one logically consistent 
        subject matter.
    (b) A provision contained in a reorganization plan may take 
effect only if the plan is transmitted to Congress (in 
accordance with section 903(b)) on or before December 31, 1984.

Sec. 906. Effective date and publication of reorganization plans

    (a) Except as provided under subsection (c) of this 
section, a reorganization plan shall be effective upon approval 
by the President of a resolution (as defined in section 909) 
with respect to such plan, if such resolution is passed by the 
House of Representatives and the Senate, within the first 
period of 90 calendar days of continuous session of Congress 
after the date on which the plan is transmitted to Congress. 
Failure of either House to act upon such resolution by the end 
of such period shall be the same as disapproval of the 
resolution.
    (b) For the purpose of this chapter--
            (1) continuity of session is broken only by an 
        adjournment of Congress sine die; and
            (2) the days on which either House is not in 
        session because of an adjournment of more than three 
        days to a day certain are excluded in the computation 
        of any period of time in which Congress is in 
        continuous session.
    (c) Under provisions contained in a reorganization plan, 
any provision thereof may be effective at a time later than the 
date on which the plan otherwise is effective.
    (d) A reorganization plan which is effective shall be 
printed (1) in the Statutes at Large in the same volume as the 
public laws and (2) in the Federal Register.

Sec. 907. Effect on other laws, pending legal proceedings, and 
                    unexpended appropriations

    (a) A statute enacted, and a regulation or other action 
made, prescribed, issued, granted, or performed in respect of 
or by an agency or function affected by a reorganization under 
this chapter, before the effective date of the reorganization, 
has, except to the extent rescinded, modified, superseded, or 
made inapplicable by or under authority of law or by the 
abolition of a function, the same effect as if the 
reorganization had not been made. However, if the statute, 
regulation, or other action has vested the functions in the 
agency from which it is removed under the reorganization plan, 
the function, insofar as it is to be exercised after the plan 
becomes effective, shall be deemed as vested in the agency 
under which the function is placed by the plan.
    (b) For the purpose of subsection (a) of this section, 
``regulation or other action'' means a regulation, rule, order, 
policy, determination, directive, authorization, permit, 
privilege, requirement, designation, or other action.
    (c) A suit, action, or other proceeding lawfully commenced 
by or against the head of an agency or other officer of the 
United States, in his official capacity or in relation to the 
discharge of his official duties, does not abate by reason of 
the taking effect of a reorganization plan under this chapter. 
On motion or supplemental petition filed at any time within 
twelve months after the reorganization plan takes effect, 
showing a necessity for a survival of the suit, action, or 
other proceeding to obtain a settlement of the questions 
involved, the court may allow the suit, action, or other 
proceeding to be maintained by or against the successor of the 
head or officer under the reorganization effected by the plan 
or, if there is no successor, against such agency or officer as 
the President designates.
    (d) The appropriations or portions of appropriations 
unexpended by reason of the operation of the chapter may not be 
used for any purpose, but shall revert to the Treasury.

Sec. 908. Rules of Senate and House of Representatives on 
                    reorganization plans

    Sections 909 through 912 of this title are enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of resolutions with respect to any reorganization 
        plans transmitted to Congress (in accordance with 
        section 903(b) of this chapter) on or before December 
        31, 1984; and they supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional 
        right of either House to change the rules (so far as 
        relating to the procedure of that House) at any time, 
        in the same manner and to the same extent as in the 
        case of any other rule of that House.

Sec. 909. Terms of resolution

    For the purpose of sections 908 through 912 of this title, 
``resolution'' means only a joint resolution of the Congress, 
the matter after the resolving clause of which is as follows: 
``That the Congress approves the reorganization plan numbered   
   transmitted to the Congress by the President on     , 19    
.'', and includes such modifications and revisions as are 
submitted by the President under section 903(c) of this 
chapter. The blank spaces therein are to be filled 
appropriately. The term does not include a resolution which 
specifies more than one reorganization plan.

Sec. 910. Introduction and reference of resolution

    (a) No later than the first day of session following the 
day on which a reorganization plan is transmitted to the House 
of Representatives and the Senate under section 903, a 
resolution, as defined in section 909, shall be introduced (by 
request) in the House by the chairman of the Government 
Operations Committee of the House, or by a Member or Members of 
the House designated by such chairman; and shall be introduced 
(by request) in the Senate by the chairman of the Governmental 
Affairs Committee of the Senate, or by a Member or Members of 
the Senate designated by such chairman.
    (b) A resolution with respect to a reorganization plan 
shall be referred to the Committee on Governmental Affairs of 
the Senate and the Committee on Government Operations of the 
House (and all resolutions with respect to the same plan shall 
be referred to the same committee) by the President of the 
Senate or the Speaker of the House of Representatives, as the 
case may be. The committee shall make its recommendations to 
the House of Representatives or the Senate, respectively, 
within 75 calendar days of continuous session of Congress 
following the date of such resolution's introduction.

Sec. 911. Discharge of committee considering resolution

    If the committee to which is referred a resolution 
introduced pursuant to subsection (a) of section 910 (or, in 
the absence of such a resolution, the first resolution 
introduced with respect to the same reorganization plan) has 
not reported such resolution or identical resolution at the end 
of 75 calendar days of continuous session of Congress after its 
introduction, such committee shall be deemed to be discharged 
from further consideration of such resolution and such 
resolution shall be placed on the appropriate calendar of the 
House involved.

Sec. 912. Procedure after report or discharge of committee; debate; 
                    vote on final passage

    (a) When the committee has reported, or has been deemed to 
be discharged (under section 911) from further consideration 
of, a resolution with respect to a reorganization plan, it is 
at any time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) for any Member of the 
respective House to move to proceed to the consideration of the 
resolution. The motion is highly privileged and is not 
debatable. The motion shall not be subject to amendment, or to 
a motion to postpone, or a motion to proceed to the 
consideration of other business. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall not 
be in order. If a motion to proceed to the consideration of the 
resolution is agreed to, the resolution shall remain the 
unfinished business of the respective House until disposed of.
    (b) Debate on the resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not 
more than ten hours, which shall be divided equally between 
individuals favoring and individuals opposing the resolution. A 
motion further to limit debate is in order and not debatable. 
An amendment to, or a motion to postpone, or a motion to 
proceed to the consideration of other business, or a motion to 
recommit the resolution is not in order. A motion to reconsider 
the vote by which the resolution is passed or rejected shall 
not be in order.
    (c) Immediately following the conclusion of the debate on 
the resolution with respect to a reorganization plan, and a 
single quorum call at the conclusion of the debate if requested 
in accordance with the rules of the appropriate House, the vote 
on final passage of the resolution shall occur.
    (d) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of 
Representatives, as the case may be, to the procedure relating 
to a resolution with respect to a reorganization plan shall be 
decided without debate.
    (e) If, prior to the passage by one House of a resolution 
of that House, that House receives a resolution with respect to 
the same reorganization plan from the other House, then--
            (1) the procedure in that House shall be the same 
        as if no resolution had been received from the other 
        House; but
            (2) the vote on final passage shall be on the 
        resolution of the other House.


         PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

Chap.                                                               Sec.
      Office of Personnel Management................................1101
      Merit Systems Protection Board, Office of Special Counsel, and 12.
        Employee Right of Action....................................1201
      Special Authority.............................................1301
      Political Activity of Certain State and Local Employees.......1501


               CHAPTER 11--OFFICE OF PERSONNEL MANAGEMENT

Sec.
1101.    Office of Personnel Management.
1102.    Director; Deputy Director; Associate Directors.
1103.    Functions of the Director.
1104.    Delegation of authority for personnel management.
1105.    Administrative procedure.

Sec. 1101. Office of Personnel Management

    The Office of Personnel Management is an independent 
establishment in the executive branch. The Office shall have an 
official seal, which shall be judicially noticed, and shall 
have its principal office in the District of Columbia, and may 
have field offices in other appropriate locations.

Sec. 1102. Director; Deputy Director; Associate Directors

    (a) There is at the head of the Office of Personnel 
Management a Director of the Office of Personnel Management 
appointed by the President, by and with the advice and consent 
of the Senate. The term of office of any individual appointed 
as Director shall be 4 years.
    (b) There is in the Office a Deputy Director of the Office 
of Personnel Management appointed by the President, by and with 
the advice and consent of the Senate. The Deputy Director shall 
perform such functions as the Director may from time to time 
prescribe and shall act as Director during the absence or 
disability of the Director or when the office of Director is 
vacant.
    (c) No individual shall, while serving as Director or 
Deputy Director, serve in any other office or position in the 
Government of the United States except as otherwise provided by 
law or at the direction of the President. The Director and 
Deputy Director shall not recommend any individual for 
appointment to any position (other than Deputy Director of the 
Office) which requires the advice and consent of the Senate.
    (d) There may be within the Office of Personnel Management 
not more than 5 Associate Directors, as determined from time to 
time by the Director. Each Associate Director shall be 
appointed by the Director.

Sec. 1103. Functions of the Director

    (a) The following functions are vested in the Director of 
the Office of Personnel Management, and shall be performed by 
the Director, or subject to section 1104 of this title, by such 
employees of the Office as the Director designates:
            (1) securing accuracy, uniformity, and justice in 
        the functions of the Office;
            (2) appointing individuals to be employed by the 
        Office;
            (3) directing and supervising employees of the 
        Office, distributing business among employees and 
        organizational units of the Office, and directing the 
        internal management of the Office;
            (4) directing the preparation of requests for 
        appropriations for the Office and the use and 
        expenditure of funds by the Office;
            (5) executing, administering, and enforcing--
                    (A) the civil service rules and regulations 
                of the President and the Office and the laws 
                governing the civil service; and
                    (B) the other activities of the Office 
                including retirement and classification 
                activities;
        except with respect to functions for which the Merit 
        Systems Protection Board or the Special Counsel is 
        primarily responsible;
            (6) reviewing the operations under chapter 87 of 
        this title;
            (7) aiding the President, as the President may 
        request, in preparing such civil service rules as the 
        President prescribes, and otherwise advising the 
        President on actions which may be taken to promote an 
        efficient civil service and a systematic application of 
        the merit system principles, including recommending 
        policies relating to the selection, promotion, 
        transfer, performance, pay, conditions of service, 
        tenure, and separation of employees;
            (8) conducting, or otherwise providing for the 
        conduct of, studies and research under chapter 47 of 
        this title into methods of assuring improvements in 
        personnel management; and
            (9) incurring official reception and representation 
        expenses of the Office subject to any limitation 
        prescribed in any law.
    (b)(1) The Director shall publish in the Federal Register 
general notice of any rule or regulation which is proposed by 
the Office and the application of which does not apply solely 
to the Office or its employees. Any such notice shall include 
the matter required under section 553(b)(1), (2), and (3) of 
this title.
    (2) The Director shall take steps to ensure that--
            (A) any proposed rule or regulation to which 
        paragraph (1) of this subsection applies is posted in 
        offices of Federal agencies maintaining copies of the 
        Federal personnel regulations; and
            (B) to the extent the Director determines 
        appropriate and practical, exclusive representatives of 
        employees affected by such proposed rule or regulation 
        and interested members of the public are notified of 
        such proposed rule or regulation.
    (3) Paragraphs (1) and (2) of this subsection shall not 
apply to any proposed rule or regulation which is temporary in 
nature and which is necessary to be implemented expeditiously 
as a result of an emergency.
    (4) Paragraphs (1) and (2) of this subsection and section 
1105 of this title shall not apply to the establishment of any 
schedules or rates of basic pay or allowances under subpart D 
of part III of this title. The preceding sentence does not 
apply to the establishment of the procedures, methodology, or 
criteria used to establish such schedules, rates, or 
allowances.

Sec. 1104. Delegation of authority for personnel management

    (a) Subject to subsection (b)(3) of this section--
            (1) the President may delegate, in whole or in 
        part, authority for personnel management functions, 
        including authority for competitive examinations, to 
        the Director of the Office of Personnel Management; and
            (2) the Director may delegate, in whole or in part, 
        any function vested in or delegated to the Director, 
        including authority for competitive examinations 
        (except competitive examinations for administrative law 
        judges appointed under section 3105 of this title, the 
        cost of which examinations shall be reimbursed by 
        payments from the agencies employing such judges to the 
        revolving fund established under section 1304(e)), to 
        the heads of agencies in the executive branch and other 
        agencies employing persons in the competitive service.
    (b)(1) The Office shall establish standards which shall 
apply to the activities of the Office or any other agency under 
authority delegated under subsection (a) of this section.
    (2) The Office shall establish and maintain an oversight 
program to ensure that activities under any authority delegated 
under subsection (a) of this section are in accordance with the 
merit system principles and the standards established under 
paragraph (1) of this subsection.
    (3) Nothing in subsection (a) of this section shall be 
construed as affecting the responsibility of the Director to 
prescribe regulations and to ensure compliance with the civil 
service laws, rules, and regulations.
            (4) \1\ At the request of the head of an agency to 
        whom a function has been delegated under subsection 
        (a)(2), the Office may provide assistance to the agency 
        in performing such function. Such assistance shall, to 
        the extent determined appropriate by the Director of 
        the Office, be performed on a reimbursable basis 
        through the revolving fund established under section 
        1304(e).
---------------------------------------------------------------------------
    \1\ So in original. The margin of this paragraph probably should be 
set full measure.
---------------------------------------------------------------------------
    (c) If the Office makes a written finding, on the basis of 
information obtained under the program established under 
subsection (b)(2) of this section or otherwise, that any action 
taken by an agency pursuant to authority delegated under 
subsection (a)(2) of this section is contrary to any law, rule, 
or regulation, or is contrary to any standard established under 
subsection (b)(1) of this section, the agency involved shall 
take any corrective action the Office may require.

Sec. 1105. Administrative procedure

    Subject to section 1103(b) of this title, in the exercise 
of the functions assigned under this chapter, the Director 
shall be subject to subsections (b), (c), and (d) of section 
553 of this title, notwithstanding subsection (a) of such 
section 553.


CHAPTER 12--MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, 
                      AND EMPLOYEE RIGHT OF ACTION

              SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD

Sec.\1\ 1201. Appointment of members of the Merit Systems Protection 
          Board.
Sec. 1202.  Term of office; filling vacancies; removal.
Sec. 1203.  Chairman; Vice Chairman.
Sec. 1204.  Powers and functions of the Merit Systems Protection Board.
Sec. 1205.  Transmittal of information to Congress.
Sec. 1206.  Annual report.
Sec. 1207.  [Repealed.]
Sec. 1208.  [Repealed.]

                SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL

Sec. 1211.  Establishment.
Sec. 1212.  Powers and functions of the Office of Special Counsel.
Sec. 1213.  Provisions relating to disclosures of violations of law, 
          gross mismanagement, and certain other matters.
Sec. 1214.  Investigation of prohibited personnel practices; corrective 
          action.
Sec. 1215.  Disciplinary action.
Sec. 1216.  Other matters within the jurisdiction of the Office of 
          Special Counsel.
Sec. 1217.  Transmittal of information to Congress.
Sec. 1218.  Annual report.
Sec. 1219.  Public information.

  SUBCHAPTER III--INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES

Sec. 1221.  Individual right of action in certain reprisal cases.
Sec. 1222.  Availability of other remedies.

              SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD
---------------------------------------------------------------------------

    \1\ This table of sections does not conform to the style generally 
followed in title 5.
---------------------------------------------------------------------------

Sec. 1201. Appointment of members of the Merit Systems Protection Board

    The Merit Systems Protection Board is composed of 3 members 
appointed by the President, by and with the advice and consent 
of the Senate, not more than 2 of whom may be adherents of the 
same political party. The members of the Board shall be 
individuals who, by demonstrated ability, background, training, 
or experience are especially qualified to carry out the 
functions of the Board. No member of the Board may hold another 
office or position in the Government of the United States, 
except as otherwise provided by law or at the direction of the 
President. The Board shall have an official seal which shall be 
judicially noticed. The Board shall have its principal office 
in the District of Columbia and may have field offices in other 
appropriate locations.

Sec. 1202. Term of office; filling vacancies; removal

    (a) The term of office of each member of the Merit Systems 
Protection Board is 7 years.
    (b) A member appointed to fill a vacancy occurring before 
the end of a term of office of the member's predecessor serves 
for the remainder of that term. Any appointment to fill a 
vacancy is subject to the requirements of section 1201. Any new 
member serving only a portion of a seven-year term in office 
may continue to serve until a successor is appointed and has 
qualified, except that such member may not continue to serve 
for more than one year after the date on which the term of the 
member would otherwise expire, unless reappointed.
    (c) Any member appointed for a 7-year term may not be 
reappointed to any following term but may continue to serve 
beyond the expiration of the term until a successor is 
appointed and has qualified, except that such member may not 
continue to serve for more than one year after the date on 
which the term of the member would otherwise expire under this 
section.
    (d) Any member may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office.

Sec. 1203. Chairman; Vice Chairman

    (a) The President shall from time to time appoint, by and 
with the advice and consent of the Senate, one of the members 
of the Merit Systems Protection Board as the Chairman of the 
Board. The Chairman is the chief executive and administrative 
officer of the Board.
    (b) The President shall from time to time designate one of 
the members of the Board as Vice Chairman of the Board. During 
the absence or disability of the Chairman, or when the office 
of Chairman is vacant, the Vice Chairman shall perform the 
functions vested in the Chairman.
    (c) During the absence or disability of both the Chairman 
and the Vice Chairman, or when the offices of Chairman and Vice 
Chairman are vacant, the remaining Board member shall perform 
the functions vested in the Chairman.

Sec. 1204. Powers and functions of the Merit Systems Protection Board

    (a) The Merit Systems Protection Board shall--
            (1) hear, adjudicate, or provide for the hearing or 
        adjudication, of all matters within the jurisdiction of 
        the Board under this title, chapter 43 of title 38, or 
        any other law, rule, or regulation, and, subject to 
        otherwise applicable provisions of law, take final 
        action on any such matter;
            (2) order any Federal agency or employee to comply 
        with any order or decision issued by the Board under 
        the authority granted under paragraph (1) of this 
        subsection and enforce compliance with any such order;
            (3) conduct, from time to time, special studies 
        relating to the civil service and to other merit 
        systems in the executive branch, and report to the 
        President and to the Congress as to whether the public 
        interest in a civil service free of prohibited 
        personnel practices is being adequately protected; and
            (4) review, as provided in subsection (f), rules 
        and regulations of the Office of Personnel Management.
    (b)(1) Any member of the Merit Systems Protection Board, 
any administrative law judge appointed by the Board under 
section 3105 of this title, and any employee of the Board 
designated by the Board may administer oaths, examine 
witnesses, take depositions, and receive evidence.
    (2) Any member of the Board, any administrative law judge 
appointed by the Board under section 3105, and any employee of 
the Board designated by the Board may, with respect to any 
individual--
            (A) issue subpoenas requiring the attendance and 
        presentation of testimony of any such individual, and 
        the production of documentary or other evidence from 
        any place in the United States, any territory or 
        possession of the United States, the Commonwealth of 
        Puerto Rico, or the District of Columbia; and
            (B) order the taking of depositions from, and 
        responses to written interrogatories by, any such 
        individual.
    (3) Witnesses (whether appearing voluntarily or under 
subpoena) shall be paid the same fee and mileage allowances 
which are paid subpoenaed witnesses in the courts of the United 
States.
    (c) In the case of contumacy or failure to obey a subpoena 
issued under subsection (b)(2)(A) or section 1214(b), upon 
application by the Board, the United States district court for 
the district in which the person to whom the subpoena is 
addressed resides or is served may issue an order requiring 
such person to appear at any designated place to testify or to 
produce documentary or other evidence. Any failure to obey the 
order of the court may be punished by the court as a contempt 
thereof.
    (d) A subpoena referred to in subsection (b)(2)(A) may, in 
the case of any individual outside the territorial jurisdiction 
of any court of the United States, be served in such manner as 
the Federal Rules of Civil Procedure prescribe for service of a 
subpoena in a foreign country. To the extent that the courts of 
the United States can assert jurisdiction over such individual, 
the United States District Court for the District of Columbia 
shall have the same jurisdiction to take any action respecting 
compliance under this subsection by such individual that such 
court would have if such individual were personally within the 
jurisdiction of such court.
    (e)(1)(A) In any proceeding under subsection (a)(1), any 
member of the Board may request from the Director of the Office 
of Personnel Management an advisory opinion concerning the 
interpretation of any rule, regulation, or other policy 
directive promulgated by the Office of Personnel Management.
    (B)(i) The Merit Systems Protection Board may, during an 
investigation by the Office of Special Counsel or during the 
pendency of any proceeding before the Board, issue any order 
which may be necessary to protect a witness or other individual 
from harassment, except that an agency (other than the Office 
of Special Counsel) may not request any such order with regard 
to an investigation by the Office of Special Counsel from the 
Board during such investigation.
    (ii) An order issued under this subparagraph may be 
enforced in the same manner as provided for under paragraph (2) 
with respect to any order under subsection (a)(2).
    (2)(A) In enforcing compliance with any order under 
subsection (a)(2), the Board may order that any employee 
charged with complying with such order, other than an employee 
appointed by the President by and with the advice and consent 
of the Senate, shall not be entitled to receive payment for 
service as an employee during any period that the order has not 
been complied with. The Board shall certify to the Comptroller 
General of the United States that such an order has been issued 
and no payment shall be made out of the Treasury of the United 
States for any service specified in such order.
    (B) The Board shall prescribe regulations under which any 
employee who is aggrieved by the failure of any other employee 
to comply with an order of the Board may petition the Board to 
exercise its authority under subparagraph (A).
    (3) In carrying out any study under subsection (a)(3), the 
Board shall make such inquiries as may be necessary and, unless 
otherwise prohibited by law, shall have access to personnel 
records or information collected by the Office of Personnel 
Management and may require additional reports from other 
agencies as needed.
    (f)(1) At any time after the effective date of any rule or 
regulation issued by the Director of the Office of Personnel 
Management in carrying out functions under section 1103, the 
Board shall review any provision of such rule or regulation--
            (A) on its own motion;
            (B) on the granting by the Board, in its sole 
        discretion, of any petition for such review filed with 
        the Board by any interested person, after consideration 
        of the petition by the Board; or
            (C) on the filing of a written complaint by the 
        Special Counsel requesting such review.
    (2) In reviewing any provision of any rule or regulation 
pursuant to this subsection, the Board shall declare such 
provision--
            (A) invalid on its face, if the Board determines 
        that such provision would, if implemented by any 
        agency, on its face, require any employee to violate 
        section 2302(b); or
            (B) invalidly implemented by any agency, if the 
        Board determines that such provision, as it has been 
        implemented by the agency through any personnel action 
        taken by the agency or through any policy adopted by 
        the agency in conformity with such provision, has 
        required any employee to violate section 2302(b).
    (3) The Director of the Office of Personnel Management, and 
the head of any agency implementing any provision of any rule 
or regulation under review pursuant to this subsection, shall 
have the right to participate in such review.
    (4) The Board shall require any agency--
            (A) to cease compliance with any provisions of any 
        rule or regulation which the Board declares under this 
        subsection to be invalid on its face; and
            (B) to correct any invalid implementation by the 
        agency of any provision of any rule or regulation which 
        the Board declares under this subsection to have been 
        invalidly implemented by the agency.
    (g) The Board may delegate the performance of any of its 
administrative functions under this title to any employee of 
the Board.
    (h) The Board shall have the authority to prescribe such 
regulations as may be necessary for the performance of its 
functions. The Board shall not issue advisory opinions. All 
regulations of the Board shall be published in the Federal 
Register.
    (i) Except as provided in section 518 of title 28, relating 
to litigation before the Supreme Court, attorneys designated by 
the Chairman of the Board may appear for the Board, and 
represent the Board, in any civil action brought in connection 
with any function carried out by the Board pursuant to this 
title or as otherwise authorized by law.
    (j) The Chairman of the Board may appoint such personnel as 
may be necessary to perform the functions of the Board. Any 
appointment made under this subsection shall comply with the 
provisions of this title, except that such appointment shall 
not be subject to the approval or supervision of the Office of 
Personnel Management or the Executive Office of the President 
(other than approval required under section 3324 or subchapter 
VIII of chapter 33).
    (k) The Board shall prepare and submit to the President, 
and, at the same time, to the appropriate committees of 
Congress, an annual budget of the expenses and other items 
relating to the Board which shall, as revised, be included as a 
separate item in the budget required to be transmitted to the 
Congress under section 1105 of title 31.
    (l) The Board shall submit to the President, and, at the 
same time, to each House of the Congress, any legislative 
recommendations of the Board relating to any of its functions 
under this title.
    (m)(1) Except as provided in paragraph (2) of this 
subsection, the Board, or an administrative law judge or other 
employee of the Board designated to hear a case arising under 
section 1215, may require payment by the agency involved of 
reasonable attorney fees incurred by an employee or applicant 
for employment if the employee or applicant is the prevailing 
party and the Board, administrative law judge, or other 
employee (as the case may be) determines that payment by the 
agency is warranted in the interest of justice, including any 
case in which a prohibited personnel practice was engaged in by 
the agency or any case in which the agency's action was clearly 
without merit.
    (2) If an employee or applicant for employment is the 
prevailing party of a case arising under section 1215 and the 
decision is based on a finding of discrimination prohibited 
under section 2302(b)(1) of this title, the payment of attorney 
fees shall be in accordance with the standards prescribed under 
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-5(k)).

Sec. 1205. Transmittal of information to Congress

    Notwithstanding any other provision of law or any rule, 
regulation or policy directive, any member of the Board, or any 
employee of the Board designated by the Board, may transmit to 
the Congress on the request of any committee or subcommittee 
thereof, by report, testimony, or otherwise, information and 
views on functions, responsibilities, or other matters relating 
to the Board, without review, clearance, or approval by any 
other administrative authority.

Sec. 1206. Annual report

    The Board shall submit an annual report to the President 
and the Congress on its activities, which shall include a 
description of significant actions taken by the Board to carry 
out its functions under this title. The report shall also 
review the significant actions of the Office of Personnel 
Management, including an analysis of whether the actions of the 
Office of Personnel Management are in accord with merit system 
principles and free from prohibited personnel practices.

[Sec. Sec. 1207, 1208. Repealed. Pub. L. 101-12, Sec. 3(a)(8), Apr. 10, 
                    1989, 103 Stat. 18.]


                SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL

Sec. 1211. Establishment

    (a) There is established the Office of Special Counsel, 
which shall be headed by the Special Counsel. The Office shall 
have an official seal which shall be judicially noticed. The 
Office shall have its principal office in the District of 
Columbia and shall have field offices in other appropriate 
locations.
    (b) The Special Counsel shall be appointed by the 
President, by and with the advice and consent of the Senate, 
for a term of 5 years. The Special Counsel may continue to 
serve beyond the expiration of the term until a successor is 
appointed and has qualified, except that the Special Counsel 
may not continue to serve for more than one year after the date 
on which the term of the Special Counsel would otherwise expire 
under this subsection. The Special Counsel shall be an attorney 
who, by demonstrated ability, background, training, or 
experience, is especially qualified to carry out the functions 
of the position. A Special Counsel appointed to fill a vacancy 
occurring before the end of a term of office of the Special 
Counsel's precedessor serves for the remainder of the term. The 
Special Counsel may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office. The 
Special Counsel may not hold another office or position in the 
Government of the United States, except as otherwise provided 
by law or at the direction of the President.

Sec. 1212. Powers and functions of the Office of Special Counsel

    (a) The Office of Special Counsel shall--
            (1) in accordance with section 1214(a) and other 
        applicable provisions of this subchapter, protect 
        employees, former employees, and applicants for 
        employment from prohibited personnel practices;
            (2) receive and investigate allegations of 
        prohibited personnel practices, and, where 
        appropriate--
                    (A) bring petitions for stays, and 
                petitions for corrective action, under section 
                1214; and
                    (B) file a complaint or make 
                recommendations for disciplinary action under 
                section 1215;
            (3) receive, review, and, where appropriate, 
        forward to the Attorney General or an agency head under 
        section 1213, disclosures of violations of any law, 
        rule, or regulation, or gross mismanagement, a gross 
        waste of funds, an abuse of authority, or a substantial 
        and specific danger to public health or safety;
            (4) review rules and regulations issued by the 
        Director of the Office of Personnel Management in 
        carrying out functions under section 1103 and, where 
        the Special Counsel finds that any such rule or 
        regulation would, on its face or as implemented, 
        require the commission of a prohibited personnel 
        practice, file a written complaint with the Board; and
            (5) investigate and, where appropriate, bring 
        actions concerning allegations of violations of other 
        laws within the jurisdiction of the Office of Special 
        Counsel (as referred to in section 1216).
    (b)(1) The Special Counsel and any employee of the Office 
of Special Counsel designated by the Special Counsel may 
administer oaths, examine witnesses, take depositions, and 
receive evidence.
    (2) The Special Counsel may--
            (A) issue subpoenas; and
            (B) order the taking of depositions and order 
        responses to written interrogatories;

in the same manner as provided under section 1204.
    (3)(A) In the case of contumacy or failure to obey a 
subpoena issued under paragraph (2)(A), the Special Counsel may 
apply to the Merit Systems Protection Board to enforce the 
subpoena in court pursuant to section 1204(c).
    (B) A subpoena under paragraph (2)(A) may, in the case of 
any individual outside the territorial jurisdiction of any 
court of the United States, be served in the manner referred to 
in subsection (d) of section 1204, and the United States 
District Court for the District of Columbia may, with respect 
to any such individual, compel compliance in accordance with 
such subsection.
    (4) Witnesses (whether appearing voluntarily or under 
subpoena) shall be paid the same fee and mileage allowances 
which are paid subpoenaed witnesses in the courts of the United 
States.
    (c)(1) Except as provided in paragraph (2), the Special 
Counsel may as a matter of right intervene or otherwise 
participate in any proceeding before the Merit Systems 
Protection Board, except that the Special Counsel shall comply 
with the rules of the Board.
    (2) The Special Counsel may not intervene in an action 
brought by an individual under section 1221, or in an appeal 
brought by an individual under section 7701, without the 
consent of such individual.
    (d)(1) The Special Counsel may appoint the legal, 
administrative, and support personnel necessary to perform the 
functions of the Special Counsel.
    (2) Any appointment made under this subsection shall be 
made in accordance with the provisions of this title, except 
that such appointment shall not be subject to the approval or 
supervision of the Office of Personnel Management or the 
Executive Office of the President (other than approval required 
under section 3324 or subchapter VIII of chapter 33).
    (e) The Special Counsel may prescribe such regulations as 
may be necessary to perform the functions of the Special 
Counsel. Such regulations shall be published in the Federal 
Register.
    (f) The Special Counsel may not issue any advisory opinion 
concerning any law, rule, or regulation (other than an advisory 
opinion concerning chapter 15 or subchapter III of chapter 73).
    (g)(1) The Special Counsel may not respond to any inquiry 
or disclose any information from or about any person making an 
allegation under section 1214(a), except in accordance with the 
provisions of section 552a of title 5, United States Code, or 
as required by any other applicable Federal law.
    (2) Notwithstanding the exception under paragraph (1), the 
Special Counsel may not respond to any inquiry concerning an 
evaluation of the work performance, ability, aptitude, general 
qualifications, character, loyalty, or suitability for any 
personnel action of any person described in paragraph (1)--
            (A) unless the consent of the individual as to whom 
        the information pertains is obtained in advance; or
            (B) except upon request of an agency which requires 
        such information in order to make a determination 
        concerning an individual's having access to the 
        information unauthorized disclosure of which could be 
        expected to cause exceptionally grave damage to the 
        national security.

Sec. 1213. Provisions relating to disclosures of violations of law, 
                    gross mismanagement, and certain other matters

    (a) This section applies with respect to--
            (1) any disclosure of information by an employee, 
        former employee, or applicant for employment which the 
        employee, former employee, or applicant reasonably 
        believes evidences--
                    (A) a violation of any law, rule, or 
                regulation; or
                    (B) gross mismanagement, a gross waste of 
                funds, an abuse of authority, or a substantial 
                and specific danger to public health or safety;

        if such disclosure is not specifically prohibited by 
        law and if such information is not specifically 
        required by Executive order to be kept secret in the 
        interest of national defense or the conduct of foreign 
        affairs; and
            (2) any disclosure by an employee, former employee, 
        or applicant for employment to the Special Counsel or 
        to the Inspector General of an agency or another 
        employee designated by the head of the agency to 
        receive such disclosures of information which the 
        employee, former employee, or applicant reasonably 
        believes evidences--
                    (A) a violation of any law, rule, or 
                regulation; or
                    (B) gross mismanagement, a gross waste of 
                funds, an abuse of authority, or a substantial 
                and specific danger to public health or safety.
    (b) Whenever the Special Counsel receives information of a 
type described in subsection (a) of this section, the Special 
Counsel shall review such information and, within 15 days after 
receiving the information, determine whether there is a 
substantial likelihood that the information discloses a 
violation of any law, rule, or regulation, or gross 
mismanagement, gross waste of funds, abuse of authority, or 
substantial and specific danger to public health and safety.
    (c)(1) Subject to paragraph (2), if the Special Counsel 
makes a positive determination under subsection (b) of this 
section, the Special Counsel shall promptly transmit the 
information with respect to which the determination was made to 
the appropriate agency head and require that the agency head--
            (A) conduct an investigation with respect to the 
        information and any related matters transmitted by the 
        Special Counsel to the agency head; and
            (B) submit a written report setting forth the 
        findings of the agency head within 60 days after the 
        date on which the information is transmitted to the 
        agency head or within any longer period of time agreed 
        to in writing by the Special Counsel.
    (2) The Special Counsel may require an agency head to 
conduct an investigation and submit a written report under 
paragraph (1) only if the information was transmitted to the 
Special Counsel by--
            (A) an employee, former employee, or applicant for 
        employment in the agency which the information 
        concerns; or
            (B) an employee who obtained the information in 
        connection with the performance of the employee's 
        duties and responsibilities.
    (d) Any report required under subsection (c) shall be 
reviewed and signed by the head of the agency and shall 
include--
            (1) a summary of the information with respect to 
        which the investigation was initiated;
            (2) a description of the conduct of the 
        investigation;
            (3) a summary of any evidence obtained from the 
        investigation;
            (4) a listing of any violation or apparent 
        violation of any law, rule, or regulation; and
            (5) a description of any action taken or planned as 
        a result of the investigation, such as--
                    (A) changes in agency rules, regulations, 
                or practices;
                    (B) the restoration of any aggrieved 
                employee;
                    (C) disciplinary action against any 
                employee; and
                    (D) referral to the Attorney General of any 
                evidence of a criminal violation.
    (e)(1) Any such report shall be submitted to the Special 
Counsel, and the Special Counsel shall transmit a copy to the 
complainant, except as provided under subsection (f) of this 
section. The complainant may submit comments to the Special 
Counsel on the agency report within 15 days of having received 
a copy of the report.
    (2) Upon receipt of any report of the head of an agency 
required under subsection (c) of this section, the Special 
Counsel shall review the report and determine whether--
            (A) the findings of the head of the agency appear 
        reasonable; and
            (B) the report of the agency under subsection 
        (c)(1) of this section contains the information 
        required under subsection (d) of this section.
    (3) The Special Counsel shall transmit any agency report 
received pursuant to subsection (c) of this section, any 
comments provided by the complainant pursuant to subsection 
(e)(1), and any appropriate comments or recommendations by the 
Special Counsel to the President and the congressional 
committees with jurisdiction over the agency which the 
disclosure involves.
    (4) Whenever the Special Counsel does not receive the 
report of the agency within the time prescribed in subsection 
(c)(2) of this section, the Special Counsel shall transmit a 
copy of the information which was transmitted to the agency 
head to the President and the congressional committees with 
jurisdiction over the agency which the disclosure involves 
together with a statement noting the failure of the head of the 
agency to file the required report.
    (f) In any case in which evidence of a criminal violation 
obtained by an agency in an investigation under subsection (c) 
of this section is referred to the Attorney General--
            (1) the report shall not be transmitted to the 
        complainant; and
            (2) the agency shall notify the Office of Personnel 
        Management and the Office of Management and Budget of 
        the referral.
    (g)(1) If the Special Counsel receives information of a 
type described in subsection (a) from an individual other than 
an individual described in subparagraph (A) or (B) of 
subsection (c)(2), the Special Counsel may transmit the 
information to the head of the agency which the information 
concerns. The head of such agency shall, within a reasonable 
time after the information is transmitted, inform the Special 
Counsel in writing of what action has been or is being taken 
and when such action shall be completed. The Special Counsel 
shall inform the individual of the report of the agency head. 
If the Special Counsel does not transmit the information to the 
head of the agency, the Special Counsel shall return any 
documents and other matter provided by the individual who made 
the disclosure.
    (2) If the Special Counsel receives information of a type 
described in subsection (a) from an individual described in 
subparagraph (A) or (B) of subsection (c)(2), but does not make 
a positive determination under subsection (b), the Special 
Counsel may transmit the information to the head of the agency 
which the information concerns, except that the information may 
not be transmitted to the head of the agency without the 
consent of the individual. The head of such agency shall, 
within a reasonable time after the information is transmitted, 
inform the Special Counsel in writing of what action has been 
or is being taken and when such action will be completed. The 
Special Counsel shall inform the individual of the report of 
the agency head.
    (3) If the Special Counsel does not transmit the 
information to the head of the agency under paragraph (2), the 
Special Counsel shall--
            (A) return any documents and other matter provided 
        by the individual who made the disclosure; and
            (B) inform the individual of--
                    (i) the reasons why the disclosure may not 
                be further acted on under this chapter; and
                    (ii) other offices available for receiving 
                disclosures, should the individual wish to 
                pursue the matter further.
    (h) The identity of any individual who makes a disclosure 
described in subsection (a) may not be disclosed by the Special 
Counsel without such individual's consent unless the Special 
Counsel determines that the disclosure of the individual's 
identity is necessary because of an imminent danger to public 
health or safety or imminent violation of any criminal law.
    (i) Except as specifically authorized under this section, 
the provisions of this section shall not be considered to 
authorize disclosure of any information by any agency or any 
person which is--
            (1) specifically prohibited from disclosure by any 
        other provision of law; or
            (2) specifically required by Executive order to be 
        kept secret in the interest of national defense or the 
        conduct of foreign affairs.
    (j) With respect to any disclosure of information described 
in subsection (a) which involves foreign intelligence or 
counterintelligence information, if the disclosure is 
specifically prohibited by law or by Executive order, the 
Special Counsel shall transmit such information to the National 
Security Advisor, the Permanent Select Committee on 
Intelligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate.

Sec. 1214. Investigation of prohibited personnel practices; corrective 
                    action

    (a)(1)(A) The Special Counsel shall receive any allegation 
of a prohibited personnel practice and shall investigate the 
allegation to the extent necessary to determine whether there 
are reasonable grounds to believe that a prohibited personnel 
practice has occurred, exists, or is to be taken.
    (B) Within 15 days after the date of receiving an 
allegation of a prohibited personnel practice under paragraph 
(1), the Special Counsel shall provide written notice to the 
person who made the allegation that--
            (i) the allegation has been received by the Special 
        Counsel; and
            (ii) shall include the name of a person at the 
        Office of Special Counsel who shall serve as a contact 
        with the person making the allegation.
    (C) Unless an investigation is terminated under paragraph 
(2), the Special Counsel shall--
            (i) within 90 days after notice is provided under 
        subparagraph (B), notify the person who made the 
        allegation of the status of the investigation and any 
        action taken by the Office of the Special Counsel since 
        the filing of the allegation;
            (ii) notify such person of the status of the 
        investigation and any action taken by the Office of the 
        Special Counsel since the last notice, at least every 
        60 days after notice is given under clause (i); and
            (iii) notify such person of the status of the 
        investigation and any action taken by the Special 
        Counsel at such time as determined appropriate by the 
        Special Counsel.
    (D) No later than 10 days before the Special Counsel 
terminates any investigation of a prohibited personnel 
practice, the Special Counsel shall provide a written status 
report to the person who made the allegation of the proposed 
findings of fact and legal conclusions. The person may submit 
written comments about the report to the Special Counsel. The 
Special Counsel shall not be required to provide a subsequent 
written status report under this subparagraph after the 
submission of such written comments.
    (2)(A) If the Special Counsel terminates any investigation 
under paragraph (1), the Special Counsel shall prepare and 
transmit to any person on whose allegation the investigation 
was initiated a written statement notifying the person of--
            (i) the termination of the investigation;
            (ii) a summary of relevant facts ascertained by the 
        Special Counsel, including the facts that support, and 
        the facts that do not support, the allegations of such 
        person;
            (iii) the reasons for terminating the 
        investigation; and
            (iv) a response to any comments submitted under 
        paragraph (1)(D).
    (B) A written statement under subparagraph (A) may not be 
admissible as evidence in any judicial or administrative 
proceeding, without the consent of the person who received such 
statement under subparagraph (A).
    (3) Except in a case in which an employee, former employee, 
or applicant for employment has the right to appeal directly to 
the Merit Systems Protection Board under any law, rule, or 
regulation, any such employee, former employee, or applicant 
shall seek corrective action from the Special Counsel before 
seeking corrective action from the Board. An employee, former 
employee, or applicant for employment may seek corrective 
action from the Board under section 1221, if such employee, 
former employee, or applicant seeks corrective action for a 
prohibited personnel practice described in section 2302(b)(8) 
from the Special Counsel and--
            (A)(i) the Special Counsel notifies such employee, 
        former employee, or applicant that an investigation 
        concerning such employee, former employee, or applicant 
        has been terminated; and
            (ii) no more than 60 days have elapsed since 
        notification was provided to such employee, former 
        employee, or applicant for employment that such 
        investigation was terminated; or
            (B) 120 days after seeking corrective action from 
        the Special Counsel, such employee, former employee, or 
        applicant has not been notified by the Special Counsel 
        that the Special Counsel shall seek corrective action 
        on behalf of such employee, former employee, or 
        applicant.
    (4) If an employee, former employee, or applicant seeks a 
corrective action from the Board under section 1221, pursuant 
to the provisions of paragraph (3)(B), the Special Counsel may 
continue to seek corrective action personal to such employee, 
former employee, or applicant only with the consent of such 
employee, former employee, or applicant.
    (5) In addition to any authority granted under paragraph 
(1), the Special Counsel may, in the absence of an allegation, 
conduct an investigation for the purpose of determining whether 
there are reasonable grounds to believe that a prohibited 
personnel practice (or a pattern of prohibited personnel 
practices) has occurred, exists, or is to be taken.
    (b)(1)(A)(i) The Special Counsel may request any member of 
the Merit Systems Protection Board to order a stay of any 
personnel action for 45 days if the Special Counsel determines 
that there are reasonable grounds to believe that the personnel 
action was taken, or is to be taken, as a result of a 
prohibited personnel practice.
    (ii) Any member of the Board requested by the Special 
Counsel to order a stay under clause (i) shall order such stay 
unless the member determines that, under the facts and 
circumstances involved, such a stay would not be appropriate.
    (iii) Unless denied under clause (ii), any stay under this 
subparagraph shall be granted, within 3 calender days 
(excluding Saturdays, Sundays, and legal holidays) after the 
date of the request for the stay by the Special Counsel.
    (B) The Board may extend the period of any stay granted 
under subparagraph (A) for any period which the Board considers 
appropriate.
    (C) The Board shall allow any agency which is the subject 
of a stay to comment to the Board on any extension of stay 
proposed under subparagraph (B)
    (D) A stay may be terminated by the Board at any time, 
except that a stay may not be terminated by the Board--
            (i) on its own motion or on the motion of an 
        agency, unless notice and opportunity for oral or 
        written comments are first provided to the Special 
        Counsel and the individual on whose behalf the stay was 
        ordered; or
            (ii) on motion of the Special Counsel, unless 
        notice and opportunity for oral or written comments are 
        first provided to the individual on whose behalf the 
        stay was ordered.
    (2) \1\ (A)(i) Except as provided under clause (ii), no 
later than 240 days after the date of receiving an allegation 
of a prohibited personnel practice under paragraph (1), the 
Special Counsel shall make a determination whether there are 
reasonable grounds to believe that a prohibited personnel 
practice has occurred, exists, or is to be taken.
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    \1\ The amendment made by section 3(d) of Public Law 103-424 
(adding a new subparagraph (A)) was executed in a manner reflecting its 
probable intent.
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    (ii) If the Special Counsel is unable to make the required 
determination within the 240-day period specified under clause 
(i) and the person submitting the allegation of a prohibited 
personnel practice agrees to an extension of time, the 
determination shall be made within such additional period of 
time as shall be agreed upon between the Special Counsel and 
the person submitting the allegation.
    (B) If, in connection with any investigation, the Special 
Counsel determines that there are reasonable grounds to believe 
that a prohibited personnel practice has occurred, exists, or 
is to be taken which requires corrective action, the Special 
Counsel shall report the determination together with any 
findings or recommendations to the Board, the agency involved 
and to the Office of Personnel Management, and may report such 
determination, findings and recommendations to the President. 
The Special Counsel may include in the report recommendations 
for corrective action to be taken.
    (C) If, after a reasonable period of time, the agency does 
not act to correct the prohibited personnel practice, the 
Special Counsel may petition the Board for corrective action.
    (D) If the Special Counsel finds, in consultation with the 
individual subject to the prohibited personnel practice, that 
the agency has acted to correct the prohibited personnel 
practice, the Special Counsel shall file such finding with the 
Board, together with any written comments which the individual 
may provide.
                    (E) \1\A determination by the Special 
                Counsel under this paragraph shall not be cited 
                or referred to in any proceeding under this 
                paragraph or any other administrative or 
                judicial proceeding for any purpose, without 
                the consent of the person submitting the 
                allegation of a prohibited personnel practice.
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    \1\ So in original. The margin of this subparagraph probably should 
be set full measure.
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    (3) Whenever the Special Counsel petitions the Board for 
corrective action, the Board shall provide an opportunity for--
            (A) oral or written comments by the Special 
        Counsel, the agency involved, and the Office of 
        Personnel Management; and
            (B) written comments by any individual who alleges 
        to be the subject of the prohibited personnel practice.
    (4)(A) The Board shall order such corrective action as the 
Board considers appropriate, if the Board determines that the 
Special Counsel has demonstrated that a prohibited personnel 
practice, other than one described in section 2302(b)(8), has 
occurred, exists, or is to be taken.
    (B)(i) Subject to the provisions of clause (ii), in any 
case involving an alleged prohibited personnel practice as 
described under section 2302(b)(8), the Board shall order such 
corrective action as the Board considers appropriate if the 
Special Counsel has demonstrated that a disclosure described 
under section 2302(b)(8) was a contributing factor in the 
personnel action which was taken or is to be taken against the 
individual.
    (ii) Corrective action under clause (i) may not be ordered 
if the agency demonstrates by clear and convincing evidence 
that it would have taken the same personnel action in the 
absence of such disclosure.
    (c)(1) Judicial review of any final order or decision of 
the Board under this section may be obtained by any employee, 
former employee, or applicant for employment adversely affected 
by such order or decision.
    (2) A petition for review under this subsection shall be 
filed with such court, and within such time, as provided for 
under section 7703(b).
    (d)(1) If, in connection with any investigation under this 
subchapter, the Special Counsel determines that there is 
reasonable cause to believe that a criminal violation has 
occurred, the Special Counsel shall report the determination to 
the Attorney General and to the head of the agency involved, 
and shall submit a copy of the report to the Director of the 
Office of Personnel Management and the Director of the Office 
of Management and Budget.
    (2) In any case in which the Special Counsel determines 
that there are reasonable grounds to believe that a prohibited 
personnel practice has occurred, exists, or is to be taken, the 
Special Counsel shall proceed with any investigation or 
proceeding unless--
            (A) the alleged violation has been reported to the 
        Attorney General; and
            (B) the Attorney General is pursuing an 
        investigation, in which case the Special Counsel, after 
        consultation with the Attorney General, has discretion 
        as to whether to proceed.
    (e) If, in connection with any investigation under this 
subchapter, the Special Counsel determines that there is 
reasonable cause to believe that any violation of any law, 
rule, or regulation has occurred other than one referred to in 
subsection (b) or (d), the Special Counsel shall report such 
violation to the head of the agency involved. The Special 
Counsel shall require, within 30 days after the receipt of the 
report by the agency, a certification by the head of the agency 
which states--
            (1) that the head of the agency has personally 
        reviewed the report; and
            (2) what action has been or is to be taken, and 
        when the action will be completed.
    (f) During any investigation initiated under this 
subchapter, no disciplinary action shall be taken against any 
employee for any alleged prohibited activity under 
investigation or for any related activity without the approval 
of the Special Counsel.
    (g) If the Board orders corrective action under this 
section, such corrective action may include--
            (1) that the individual be placed, as nearly as 
        possible, in the position the individual would have 
        been in had the prohibited personnel practice not 
        occurred; and
            (2) reimbursement for attorney's fees, back pay and 
        related benefits, medical costs incurred, travel 
        expenses, and any other reasonable and foreseeable 
        consequential damages.

Sec. 1215. Disciplinary action

    (a)(1) Except as provided in subsection (b), if the Special 
Counsel determines that disciplinary action should be taken 
against any employee for having--
            (A) committed a prohibited personnel practice,
            (B) violated the provisions of any law, rule, or 
        regulation, or engaged in any other conduct within the 
        jurisdiction of the Special Counsel as described in 
        section 1216, or
            (C) knowingly and willfully refused or failed to 
        comply with an order of the Merit Systems Protection 
        Board,

the Special Counsel shall prepare a written complaint against 
the employee containing the Special Counsel's determination, 
together with a statement of supporting facts, and present the 
complaint and statement to the employee and the Board, in 
accordance with this subsection.
    (2) Any employee against whom a complaint has been 
presented to the Merit Systems Protection Board under paragraph 
(1) is entitled to--
            (A) a reasonable time to answer orally and in 
        writing, and to furnish affidavits and other 
        documentary evidence in support of the answer;
            (B) be represented by an attorney or other 
        representative;
            (C) a hearing before the Board or an administrative 
        law judge appointed under section 3105 and designated 
        by the Board;
            (D) have a transcript kept of any hearing under 
        subparagraph (C); and
            (E) a written decision and reasons therefor at the 
        earliest practicable date, including a copy of any 
        final order imposing disciplinary action.
    (3) A final order of the Board may impose disciplinary 
action consisting of removal, reduction in grade, debarment 
from Federal employment for a period not to exceed 5 years, 
suspension, reprimand, or an assessment of a civil penalty not 
to exceed $1,000.
    (4) There may be no administrative appeal from an order of 
the Board. An employee subject to a final order imposing 
disciplinary action under this subsection may obtain judicial 
review of the order by filing a petition therefor with such 
court, and within such time, as provided for under section 
7703(b).
    (5) In the case of any State or local officer or employee 
under chapter 15, the Board shall consider the case in 
accordance with the provisions of such chapter.
    (b) In the case of an employee in a confidential, policy-
making, policy-determining, or policy-advocating position 
appointed by the President, by and with the advice and consent 
of the Senate (other than an individual in the Foreign Service 
of the United States), the complaint and statement referred to 
in subsection (a)(1), together with any response of the 
employee, shall be presented to the President for appropriate 
action in lieu of being presented under subsection (a).
    (c)(1) In the case of members of the uniformed services and 
individuals employed by any person under contract with an 
agency to provide goods or services, the Special Counsel may 
transmit recommendations for disciplinary or other appropriate 
action (including the evidence on which such recommendations 
are based) to the head of the agency concerned.
    (2) In any case in which the Special Counsel transmits 
recommendations to an agency head under paragraph (1), the 
agency head shall, within 60 days after receiving such 
recommendations, transmit a report to the Special Counsel on 
each recommendation and the action taken, or proposed to be 
taken, with respect to each such recommendation.

Sec. 1216. Other matters within the jurisdiction of the Office of 
                    Special Counsel

    (a) In addition to the authority otherwise provided in this 
chapter, the Special Counsel shall, except as provided in 
subsection (b), conduct an investigation of any allegation 
concerning--
            (1) political activity prohibited under subchapter 
        III of chapter 73, relating to political activities by 
        Federal employees;
            (2) political activity prohibited under chapter 15, 
        relating to political activities by certain State and 
        local officers and employees;
            (3) arbitrary or capricious withholding of 
        information prohibited under section 552, except that 
        the Special Counsel shall make no investigation of any 
        withholding of foreign intelligence or 
        counterintelligence information the disclosure of which 
        is specifically prohibited by law or by Executive 
        order;
            (4) activities prohibited by any civil service law, 
        rule, or regulation, including any activity relating to 
        political intrusion in personnel decisionmaking; and
            (5) involvement by any employee in any prohibited 
        discrimination found by any court or appropriate 
        administrative authority to have occurred in the course 
        of any personnel action.
    (b) The Special Counsel shall make no investigation of any 
allegation of any prohibited activity referred to in subsection 
(a)(5), if the Special Counsel determines that the allegation 
may be resolved more appropriately under an administrative 
appeals procedure.
    (c) If the Special Counsel receives an allegation 
concerning any matter under paragraph (1), (3), (4), or (5) of 
subsection (a), the Special Counsel may investigate and seek 
corrective action under section 1214 and disciplinary action 
under section 1215 in the same way as if a prohibited personnel 
practice were involved.

Sec. 1217.  Transmittal of information to Congress

    The Special Counsel or any employee of the Special Counsel 
designated by the Special Counsel, shall transmit to the 
Congress on the request of any committee or subcommittee 
thereof, by report, testimony, or otherwise, information and 
the Special Counsel's views on functions, responsibilities, or 
other matters relating to the Office. Such information shall be 
transmitted concurrently to the President and any other 
appropriate agency in the executive branch.

Sec. 1218.  Annual report

    The Special Counsel shall submit an annual report to the 
Congress on the activities of the Special Counsel, including 
the number, types, and disposition of allegations of prohibited 
personnel practices filed with it, investigations conducted by 
it, cases in which it did not make a determination whether 
there are reasonable grounds to believe that a prohibited 
personnel practice has occurred, exists, or is to be taken 
within the 240-day period specified in section 
1214(b)(2)(A)(i), and actions initiated by it before the Merit 
Systems Protection Board, as well as a description of the 
recommendations and reports made by it to other agencies 
pursuant to this subchapter, and the actions taken by the 
agencies as a result of the reports or recommendations. The 
report required by this section shall include whatever 
recommendations for legislation or other action by Congress the 
Special Counsel may consider appropriate.

Sec. 1219.  Public information

    (a) The Special Counsel shall maintain and make available 
to the public--
            (1) a list of noncriminal matters referred to heads 
        of agencies under subsection (c) of section 1213, 
        together with reports from heads of agencies under 
        subsection (c)(1)(B) of such section relating to such 
        matters;
            (2) a list of matters referred to heads of agencies 
        under section 1215(c)(2);
            (3) a list of matters referred to heads of agencies 
        under subsection (e) of section 1214, together with 
        certifications from heads of agencies under such 
        subsection; and
            (4) reports from heads of agencies under section 
        1213(g)(1).
    (b) The Special Counsel shall take steps to ensure that any 
list or report made available to the public under this section 
does not contain any information the disclosure of which is 
prohibited by law or by Executive order requiring that 
information be kept secret in the interest of national defense 
or the conduct of foreign affairs.


  SUBCHAPTER III--INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES

Sec. 1221.  Individual right of action in certain reprisal cases

    (a) Subject to the provisions of subsection (b) of this 
section and subsection \1\ 1214(a)(3), an employee, former 
employee, or applicant for employment may, with respect to any 
personnel action taken, or proposed to be taken, against such 
employee, former employee, or applicant for employment, as a 
result of a prohibited personnel practice described in section 
2302(b)(8), seek corrective action from the Merit Systems 
Protection Board.
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    \1\ So in original. The word ``subsection'' probably should read 
``section''.
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    (b) This section may not be construed to prohibit any 
employee, former employee, or applicant for employment from 
seeking corrective action from the Merit Systems Protection 
Board before seeking corrective action from the Special 
Counsel, if such employee, former employee, or applicant for 
employment has the right to appeal directly to the Board under 
any law, rule, or regulation.
    (c)(1) Any employee, former employee, or applicant for 
employment seeking corrective action under subsection (a) may 
request that the Board order a stay of the personnel action 
involved.
    (2) Any stay requested under paragraph (1) shall be granted 
within 10 calendar days (excluding Saturdays, Sundays, and 
legal holidays) after the date the request is made, if the 
Board determines that such a stay would be appropriate.
    (3)(A) The Board shall allow any agency which would be 
subject to a stay under this subsection to comment to the Board 
on such stay request.
    (B) Except as provided in subparagraph (C), a stay granted 
under this subsection shall remain in effect for such period as 
the Board determines to be appropriate.
    (C) The Board may modify or dissolve a stay under this 
subsection at any time, if the Board determines that such a 
modification or dissolution is appropriate.
    (d)(1) At the request of an employee, former employee, or 
applicant for employment seeking corrective action under 
subsection (a), the Board shall issue a subpoena for the 
attendance and testimony of any person or the production of 
documentary or other evidence from any person if the Board 
finds that the testimony or production requested is not unduly 
burdensome and appears reasonably calculated to lead to the 
discovery of admissible evidence.
    (2) A subpoena under this subsection may be issued, and 
shall be enforced, in the same manner as applies in the case of 
subpoenas under section 1204.
    (e)(1) Subject to the provisions of paragraph (2), in any 
case involving an alleged prohibited personnel practice as 
described under section 2302(b)(8), the Board shall order such 
corrective action as the Board considers appropriate if the 
employee, former employee, or applicant for employment has 
demonstrated that a disclosure described under section 
2302(b)(8) was a contributing factor in the personnel action 
which was taken or is to be taken against such employee, former 
employee, or applicant. The employee may demonstrate that the 
disclosure was a contributing factor in the personnel action 
through circumstantial evidence, such as evidence that--
            (A) the official taking the personnel action knew 
        of the disclosure; and
            (B) the personnel action occurred within a period 
        of time such that a reasonable person could conclude 
        that the disclosure was a contributing factor in the 
        personnel action.
    (2) Corrective action under paragraph (1) may not be 
ordered if the agency demonstrates by clear and convincing 
evidence that it would have taken the same personnel action in 
the absence of such disclosure.
    (f)(1) A final order or decision shall be rendered by the 
Board as soon as practicable after the commencement of any 
proceeding under this section.
    (2) A decision to terminate an investigation under 
subchapter II may not be considered in any action or other 
proceeding under this section.
            (3) \1\ If, based on evidence presented to it under 
        this section, the Merit Systems Protection Board 
        determines that there is reason to believe that a 
        current employee may have committed a prohibited 
        personnel practice, the Board shall refer the matter to 
        the Special Counsel to investigate and take appropriate 
        action under section 1215.
---------------------------------------------------------------------------
    \1\ So in original. The margin of this paragraph should probably be 
set full measure.
---------------------------------------------------------------------------
    (g)(1)(A) \2\ If the Board orders corrective action under 
this section, such corrective action may include--
---------------------------------------------------------------------------
    \2\ The amendment made by section 8(b) of Public Law 103-424 
(adding a new paragraph (1)) was executed without indentation, in 
accordance with its probable intent.
---------------------------------------------------------------------------
            (i) that the individual be placed, as nearly as 
        possible, in the position the individual would have 
        been in had the prohibited personnel practice not 
        occurred; and
            (ii) back pay and related benefits, medical costs 
        incurred, travel expenses, and any other reasonable and 
        foreseeable consequential changes.
    (B) Corrective action shall include attorney's fees and 
costs as provided for under paragraphs (2) and (3).
    (2) If an employee, former employee, or applicant for 
employment is the prevailing party before the Merit Systems 
Protection Board, and the decision is based on a finding of a 
prohibited personnel practice, the agency involved shall be 
liable to the employee, former employee, or applicant for 
reasonable attorney's fees and any other reasonable costs 
incurred.
    (3) If an employee, former employee, or applicant for 
employment is the prevailing party in an appeal from the Merit 
Systems Protection Board, the agency involved shall be liable 
to the employee, former employee, or applicant for reasonable 
attorney's fees and any other reasonable costs incurred, 
regardless of the basis of the decision.
    (h)(1) An employee, former employee, or applicant for 
employment adversely affected or aggrieved by a final order or 
decision of the Board under this section may obtain judicial 
review of the order or decision.
    (2) A petition for review under this subsection shall be 
filed with such court, and within such time, as provided for 
under section 7703(b).
    (i) Subsections (a) though (h) shall apply in any 
proceeding brought under section 7513(d) if, or to the extent 
that, a prohibited personnel practice as defined in section 
2302(b)(8) is alleged.
    (j) In determining the appealability of any case involving 
an allegation made by an individual under the provisions of 
this chapter, neither the status of an individual under any 
retirement system established under a Federal statute nor any 
election made by such individual under any such system may be 
taken into account.

Sec. 1222. Availability of other remedies

    Except as provided in section 1221(i), nothing in this 
chapter or chapter 23 shall be construed to limit any right or 
remedy available under a provision of statute which is outside 
of both this chapter and chapter 23.


                     CHAPTER 13--SPECIAL AUTHORITY

Sec.
1301.    Rules.
1302.    Regulations.
1303.    Investigations; reports.
1304.    Loyalty investigations; reports; revolving fund.
1305.    Administrative law judges.
1306.    Oaths to witnesses.
1307.    Minutes.
[1308.   Repealed.]

Sec. 1301. Rules

    The Office of Personnel Management shall aid the President, 
as he may request, in preparing the rules he prescribes under 
this title for the administration of the competitive service.

Sec. 1302. Regulations

    (a) The Office of Personnel Management, subject to the 
rules prescribed by the President under this title for the 
administration of the competitive service, shall prescribe 
regulations for, control, supervise, and preserve the records 
of, examinations for the competitive service.
    (b) The Office shall prescribe and enforce regulations for 
the administration of the provisions of this title, and 
Executive orders issued in furtherance thereof, that implement 
the Congressional policy that preference shall be given to 
preference eligibles in certification for appointment, and in 
appointment, reinstatement, reemployment, and retention, in the 
competitive service in Executive agencies, permanent or 
temporary, and in the government of the District of Columbia.
    (c) The Office shall prescribe regulations for the 
administration of the provisions of this title that implement 
the Congressional policy that preference shall be given to 
preference eligibles in certification for appointment, and in 
appointment, reinstatement, reemployment, and retention, in the 
excepted service in Executive agencies, permanent or temporary, 
and in the government of the District of Columbia.
    (d) The Office may prescribe reasonable procedure and 
regulations for the administration of its functions under 
chapter 15 of this title.

Sec. 1303. Investigations; reports

    The Office of Personnel Management, Merit Systems 
Protection Board, and Special Counsel may investigate and 
report on matters concerning--
            (1) the enforcement and effect of the rules 
        prescribed by the President under this title for the 
        administration of the competitive service and the 
        regulations prescribed by the Office of Personnel 
        Management under section 1302(a) of this title; and
            (2) the action of an examiner, a board of 
        examiners, and other employees concerning the execution 
        of the provisions of this title that relate to the 
        administration of the competitive service.

Sec. 1304. Loyalty investigations; reports; revolving fund

    (a) The Office of Personnel Management shall conduct the 
investigations and issue the reports required by the following 
statutes--
            (1) sections 272b, 281b(e), and 290a of title 22;
            (2) section 1874(c) of title 42; and
            (3) section 1203(e) of title 6, District of 
        Columbia Code.
    (b) When an investigation under subsection (a) of this 
section develops data indicating that the loyalty of the 
individual being investigated is questionable, the Office shall 
refer the matter to the Federal Bureau of Investigation for a 
full field investigation, a report of which shall be furnished 
to the Office for its information and appropriate action.
    (c) When the President considers it in the national 
interest, he may have the investigations of a group or class, 
which are required by subsection (a) of this section, made by 
the Federal Bureau of Investigation rather than the Office.
    (d) The investigation and report required by subsection (a) 
of this section shall be made by the Federal Bureau of 
Investigation rather than the Office for those specific 
positions which the Secretary of State certifies are of a high 
degree of importance or sensitivity.
    (e)(1) A revolving fund is available, to the Office without 
fiscal year limitation, for financing investigations, training, 
and such other functions as the Office is authorized or 
required to perform on a reimbursable basis, including 
personnel management services performed at the request of 
individual agencies (which would otherwise be the 
responsibility of such agencies), or at the request of 
nonappropriated fund instrumentalities. However, the functions 
which may be financed in any fiscal year by the fund are 
restricted to those functions which are covered by the budget 
estimates submitted to the Congress for that fiscal year. To 
the maximum extent feasible, each individual activity shall be 
conducted generally on an actual cost basis over a reasonable 
period of time.
    (2) The capital of the fund consists of the aggregate of--
            (A) appropriations made to provide capital for the 
        fund, which appropriations are hereby authorized, and
            (B) the sum of the fair and reasonable value of 
        such supplies, equipment, and other assets as the 
        Office from time to time transfers to the fund 
        (including the amount of the unexpended balances of 
        appropriations or funds relating to activities the 
        financing of which is transferred to the fund) less the 
        amount of related liabilities, the amount of unpaid 
        obligations, and the value of accrued annual leave of 
        employees, which are attributable to the activities the 
        financing of which is transferred to the fund.
    (3) The fund shall be credited with--
            (A) advances and reimbursements from available 
        funds of the Office or other agencies, or from other 
        sources, for those services and supplies provided at 
        rates estimated by the Office as adequate to recover 
        expenses of operation (including provision for accrued 
        annual leave of employees and depreciation of 
        equipment); and
            (B) receipts from sales or exchanges of property, 
        and payments for loss of or damage to property, 
        accounted for under the fund.
    (4) Any unobligated and unexpended balances in the fund 
which the Office determines to be in excess of amounts needed 
for activities financed by the fund shall be deposited in the 
Treasury of the United States as miscellaneous receipts.
    (5) The Office shall prepare a business-type budget 
providing full disclosure of the results of operations for each 
of the functions performed by the Office and financed by the 
fund, and such budget shall be transmitted to the Congress and 
considered, in the manner prescribed by law for wholly owned 
Government corporations.
    (6) The Comptroller General of the United States shall, as 
a result of his periodic reviews of the activities financed by 
the fund, report and make such recommendations as he deems 
appropriate to the Committee on Governmental Affairs of the 
Senate and the Committee on Post Office and Civil Service of 
the House of Representatives.
    (f) An agency may use available appropriations to reimburse 
the Office or the Federal Bureau of Investigation for the cost 
of investigations, training, and functions performed for them 
under this section, or to make advances toward their cost. 
These advances and reimbursements shall be credited directly to 
the applicable appropriations of the Office or the Federal 
Bureau of Investigation.
    (g) This section does not affect the responsibility of the 
Federal Bureau of Investigation to investigate espionage, 
sabotage, or subversive acts.

Sec. 1305. Administrative law judges

    For the purpose of sections 3105, 3344, 4301(2)(D), and 
5372 of this title and the provisions of section 5335(a)(B) of 
this title that relate to administrative law judges, the Office 
of Personnel Management may, and for the purpose of section 
7521 of this title, the Merit Systems Protection Board may 
investigate, prescribe regulations, appoint advisory committees 
as necessary, recommend legislation, subpena witnesses and 
records, and pay witness fees as established for the courts of 
the United States.

Sec. 1306. Oaths to witnesses

    The Director of the Office of Personnel Management and 
authorized representatives of the Director may administer oaths 
to witnesses in matters pending before the Office.

Sec. 1307. Minutes

    The Civil Service Commission shall keep minutes of its 
proceedings.

[Sec. 1308. Repealed. by P.L. 105-362, Sec. 1302(b), Nov. 10, 1998, 112 
                    Stat. 3293.]
 

 CHAPTER 15--POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES

Sec.
1501.    Definitions.
1502.    Influencing elections; taking part in political campaigns; 
          prohibitions; exceptions.
1503.    Nonpartisan candidacies permitted.
1504.    Investigations; notice of hearing.
1505.    Hearings; adjudications; notice of determinations.
1506.    Orders; withholding loans or grants; limitations.
1507.    Subpenas and depositions.
1508.    Judicial review.

Sec. 1501. Definitions

    For the purpose of this chapter--
            (1) ``State'' means a State or territory or 
        possession of the United States;
            (2) ``State or local agency'' means the executive 
        branch of a State, municipality, or other political 
        subdivision of a State, or an agency or department 
        thereof;
            (3) ``Federal agency'' means an Executive agency or 
        other agency of the United States, but does not include 
        a member bank of the Federal Reserve System; and
            (4) ``State or local officer or employee'' means an 
        individual employed by a State or local agency whose 
        principal employment is in connection with an activity 
        which is financed in whole or in part by loans or 
        grants made by the United States or a Federal agency, 
        but does not include--
                    (A) an individual who exercises no 
                functions in connection with that activity; or
                    (B) an individual employed by an 
                educational or research institution, 
                establishment, agency, or system which is 
                supported in whole or in part by a State or 
                political subdivision thereof, or by a 
                recognized religious, philanthropic, or 
                cultural organization.

Sec. 1502. Influencing elections; taking part in political campaigns; 
                    prohibitions; exceptions

    (a) A State or local officer or employee may not--
            (1) use his official authority or influence for the 
        purpose of interfering with or affecting the result of 
        an election or a nomination for office;
            (2) directly or indirectly coerce, attempt to 
        coerce, command, or advise a State or local officer or 
        employee to pay, lend, or contribute anything of value 
        to a party, committee, organization, agency, or person 
        for political purposes; or
            (3) be a candidate for elective office.
    (b) A State or local officer or employee retains the right 
to vote as he chooses and to express his opinions on political 
subjects and candidates.
    (c) Subsection (a)(3) of this section does not apply to--
            (1) the Governor or Lieutenant Governor of a State 
        or an individual authorized by law to act as Governor;
            (2) the mayor of a city;
            (3) a duly elected head of an executive department 
        of a State or municipality who is not classified under 
        a State or municipal merit or civil-service system; or
            (4) an individual holding elective office.

Sec. 1503. Nonpartisan candidacies permitted

    Section 1502(a)(3) of this title does not prohibit any 
State or local officer or employee from being a candidate in 
any election if none of the candidates is to be nominated or 
elected at such election as representing a party any of whose 
candidates for Presidential elector received votes in the last 
preceding election at which Presidential electors were 
selected.

Sec. 1504. Investigations; notice of hearing

    When a Federal agency charged with the duty of making a 
loan or grant of funds of the United States for use in an 
activity by a State or local officer or employee has reason to 
believe that the officer or employee has violated section 1502 
of this title, it shall report the matter to the Special 
Counsel. On receipt of the report or on receipt of other 
information which seems to the Special Counsel to warrant an 
investigation, the Special Counsel shall investigate the report 
and such other information and present his findings and any 
charges based on such findings to the Merit Systems Protection 
Board, which shall--
            (1) fix a time and place for a hearing; and
            (2) send, by registered or certified mail, to the 
        officer or employee charged with the violation and to 
        the State or local agency employing him a notice 
        setting forth a summary of the alleged violation and 
        giving the time and place of the hearing.
The hearing may not be held earlier than 10 days after the 
mailing of the notice.

Sec. 1505. Hearings; adjudications; notice of determinations

    Either the State or local officer or employee or the State 
or local agency employing him, or both, are entitled to appear 
with counsel at the hearing under section 1504 of this title, 
and be heard. After this hearing, the Merit Systems Protection 
Board shall--
            (1) determine whether a violation of section 1502 
        of this title has occurred;
            (2) determine whether the violation warrants the 
        removal of the officer or employee from his office or 
        employment; and
            (3) notify the officer or employee and the agency 
        of the determination by registered or certified mail.

Sec. 1506. Orders; withholding loans or grants; limitations

    (a) When the Merit Systems Protection Board finds--
            (1) that a State or local officer or employee has 
        not been removed from his office or employment within 
        30 days after notice of a determination by the Board 
        that he has violated section 1502 of this title and 
        that the violation warrants removal; or
            (2) that the State or local officer or employee has 
        been removed and has been appointed within 18 months 
        after his removal to an office or employment in the 
        same State in a State or local agency which does not 
        receive loans or grants from a Federal agency;
the Board shall make and certify to the appropriate Federal 
agency an order requiring that agency to withhold from its 
loans or grants to the State or local agency to which notice 
was given an amount equal to 2 years' pay at the rate the 
officer or employee was receiving at the time of the violation. 
When the State or local agency to which appointment within 18 
months after removal has been made is one that receives loans 
or grants from a Federal agency, the Board order shall direct 
that the withholding be made from that State or local agency.
    (b) Notice of the order shall be sent by registered or 
certified mail to the State or local agency from which the 
amount is ordered to be withheld. After the order becomes 
final, the Federal agency to which the order is certified shall 
withhold the amount in accordance with the terms of the order. 
Except as provided by section 1508 of this title, a 
determination of order of the Board becomes final at the end of 
30 days after mailing the notice of the determination or order.
    (c) The Board may not require an amount to be withheld from 
a loan or grant pledged by a State or local agency as security 
for its bonds or notes if the withholding of that amount would 
jeopardize the payment of the principal or interest on the 
bonds or notes.

Sec. 1507. Subpenas and depositions

    (a) The Merit Systems Protection Board may require by 
subpena the attendance and testimony of witnesses and the 
production of documentary evidence relating to any matter 
before it as a result of this chapter. Any member of the Board 
may sign subpenas, and members of the Board and its examiners 
when authorized by the Board may administer oaths, examine 
witnesses, and receive evidence. The attendance of witnesses 
and the production of documentary evidence may be required from 
any place in the United States at the designated place of 
hearing. In case of disobedience to a subpena, the Board may 
invoke the aid of a court of the United States in requiring the 
attendance and testimony of witnesses and the production of 
documentary evidence. In case of contumacy or refusal to obey a 
subpena issued to a person, the United States District Court 
within whose jurisdiction the inquiry is carried on may issue 
an order requiring him to appear before the Board, or to 
produce documentary evidence if so ordered, or to give evidence 
concerning the matter in question; and any failure to obey the 
order of the court may be punished by the court as a contempt 
thereof.
    (b) The Board may order testimony to be taken by deposition 
at any stage of a proceeding or investigation before it as a 
result of this chapter. Depositions may be taken before an 
individual designated by the Board and having the power to 
administer oaths. Testimony shall be reduced to writing by the 
individual taking the deposition, or under his direction, and 
shall be subscribed by the deponent. Any person may be 
compelled to appear and depose and to produce documentary 
evidence before the Board as provided by this section.
    (c) A person may not be excused from attending and 
testifying or from producing documentary evidence or in 
obedience to a subpena on the ground that the testimony or 
evidence, documentary or otherwise required of him may tend to 
incriminate him or subject him to a penalty or forfeiture for 
or on account of any transaction, matter, or thing concerning 
which he is compelled to testify, or produce evidence, 
documentary or otherwise, before the Board in obedience to a 
subpena issued by it. A person so testifying is not exempt from 
prosecution and punishment for perjury committed in so 
testifying.

Sec. 1508. Judicial review

    A party aggrieved by a determination or order of the Merit 
Systems Protection Board under section 1504, 1505, or 1506 of 
this title may, within 30 days after the mailing of notice of 
the determination or order, institute proceedings for review 
thereof by filing a petition in the United States District 
Court for the district in which the State or local officer or 
employee resides. The institution of the proceedings does not 
operate as a stay of the determination or order unless--
            (1) the court specifically orders a stay; and
            (2) the officer or employee is suspended from his 
        office or employment while the proceedings are pending.
A copy of the petition shall immediately be served on the 
Board, and thereupon the Board shall certify and file in the 
court a transcript of the record on which the determination or 
order was made. The court shall review the entire record 
including questions of fact and questions of law. If 
application is made to the court for leave to adduce additional 
evidence, and it is shown to the satisfaction of the court that 
the additional evidence may materially affect the result of the 
proceedings and that there were reasonable grounds for failure 
to adduce this evidence in the hearing before the Board, the 
court may direct that the additional evidence be taken before 
the Board in the manner and on the terms and conditions fixed 
by the court. The Board may modify its findings of fact or its 
determination or order in view of the additional evidence and 
shall file with the court the modified findings, determination, 
or order; or the modified findings of fact, if supported by 
substantial evidence, are conclusive. The court shall affirm 
the determination or order, or the modified determination or 
order, if the court determines that it is in accordance with 
law. If the court determines that the determination or order, 
or the modified determination or order, is not in accordance 
with law, the court shall remand the proceeding to the Board 
with directions either to make a determination or order 
determined by the court to be lawful or to take such further 
proceedings as, in the opinion of the court, the law requires. 
The judgment and decree of the court are final, subject to 
review by the appropriate United States Court of Appeals as in 
other cases, and the judgment and decree of the court of 
appeals are final, subject to review by the Supreme Court of 
the United States on certiorari or certification as provided by 
section 1254 of title 28. If a provision of this section is 
held to be invalid as applied to a party by a determination or 
order of the Board, the determination or order becomes final 
and effective as to that party as if the provision had not been 
enacted.


                          PART III--EMPLOYEES

                     Subpart A--General Provisions

Chap.                                                               Sec.
      Definitions...................................................2101
      Merit System Principles.......................................2301
      Commissions, Oaths, Records, and Reports......................2901

                  Subpart B--Employment and Retention
---------------------------------------------------------------------------

    \1\ So in law. Probably should read ``Part-Time Career Employment 
Opportunities''.
---------------------------------------------------------------------------
      Authority for Employment......................................3101
      Examination, Selection, and Placement.........................3301
      Part-time career employment opportunities \1\.................3401
      Retention Preference, Restoration, and Reemployment...........3501

                    Subpart C--Employee Performance

      Training......................................................4101
      Performance Appraisal.........................................4301
      Incentive Awards..............................................4501
      Personnel Research Programs and Demonstration Projects........4701

                     Subpart D--Pay and Allowances

      Classification................................................5101
      Pay Rates and Systems.........................................5301
      Pay Administration............................................5501
      Travel, Transportation, and Subsistence.......................5701
      Allowances....................................................5901

                    Subpart E--Attendance and Leave

      Hours of Work.................................................6101
      Leave.........................................................6301

           Subpart F--Labor-Management and Employee Relations

      Labor-Management Relations....................................7101
      Antidiscrimination; Right to Petition Congress................7201
      Suitability, Security, and Conduct............................7301
      Adverse Actions...............................................7501
      Appeals.......................................................7701
      Services to Employees.........................................7901

                   Subpart G--Insurance and Annuities

Chap.                                                               Sec.
      Compensation for Work Injuries................................8101
      Retirement....................................................8301
      Federal Employees' Retirement System..........................8401
      Unemployment Compensation.....................................8501
      Life Insurance................................................8701
      Health Insurance..............................................8901
      Long-Term Care Insurance......................................9001

        Subpart H--Access to Criminal History Record Information

      Access to Criminal History Records for National Security and Other 
        Purposes....................................................9101

                        Subpart I--Miscellaneous

       Personnel flexibilities relating to the Internal Revenue Service 
        \1\.........................................................9501
    
---------------------------------------------------------------------------
    \1\ So in law. Section 1201 of Public Law 105-206 added to the 
table of sections the following: ``Personnel flexibilities relating to 
the Internal Revenue Service''. Probably should have been ``Personnel 
Flexibilities Relating to the Internal Revenue Service''.


                     Subpart A--General Provisions

                        CHAPTER 21--DEFINITIONS

Sec.
2101.    Civil service; armed forces; uniformed services.
2101a.   The Senior Executive Service.
2102.    The competitive service.
2103.    The excepted service.
2104.    Officer.
2105.    Employee.
2106.    Member of Congress.
2107.    Congressional employee.
2108.    Veteran; disabled veteran; preference eligible.
2109.    Air traffic controller; Secretary.

Sec. 2101. Civil service; armed forces; uniformed services

    For the purpose of this title--
            (1) the ``civil service'' consists of all 
        appointive positions in the executive, judicial, and 
        legislative branches of the Government of the United 
        States, except positions in the uniformed services;
            (2) ``armed forces'' means the Army, Navy, Air 
        Force, Marine Corps, and Coast Guard; and
            (3) ``uniformed services'' means the armed forces, 
        the commissioned corps of the Public Health Service, 
        and the commissioned corps of the National Oceanic and 
        Atmospheric Administration.

Sec. 2101a. The Senior Executive Service

    The ``Senior Executive Service'' consists of Senior 
Executive Service positions (as defined in section 3132(a)(2) 
of this title).

Sec. 2102. The competitive service

    (a) The ``competitive service'' consists of--
            (1) all civil service positions in the executive 
        branch, except--
                    (A) positions which are specifically 
                excepted from the competitive service by or 
                under statute;
                    (B) positions to which appointments are 
                made by nomination for confirmation by the 
                Senate, unless the Senate otherwise directs; 
                and
                    (C) positions in the Senior Executive 
                Service;
            (2) civil service positions not in the executive 
        branch which are specifically included in the 
        competitive service by statute; and
            (3) positions in the government of the District of 
        Columbia which are specifically included in the 
        competitive service by statute.
    (b) Notwithstanding subsection (a)(1)(B) of this section, 
the ``competitive service'' includes positions to which 
appointments are made by nomination for confirmation by the 
Senate when specifically included therein by statute.
    (c) As used in other Acts of Congress, ``classified civil 
service'' or ``classified service'' means the ``competitive 
service''.

Sec. 2103. The excepted service

    (a) For the purpose of this title, the ``excepted service'' 
consists of those civil service positions which are not in the 
competitive service or the Senior Executive Service.
    (b) As used in other Acts of Congress, ``unclassified civil 
service'' or ``unclassified service'' means the ``excepted 
service''.

Sec. 2104. Officer

    (a) For the purpose of this title, ``officer'', except as 
otherwise provided by this section or when specifically 
modified, means a justice or judge of the United States and an 
individual who is--
            (1) required by law to be appointed in the civil 
        service by one of the following acting in an official 
        capacity--
                    (A) the President;
                    (B) a court of the United States;
                    (C) the head of an Executive agency; or
                    (D) the Secretary of a military department;
            (2) engaged in the performance of a Federal 
        function under authority of law or an Executive act; 
        and
            (3) subject to the supervision of an authority 
        named by paragraph (1) of this section, or the Judicial 
        Conference of the United States, while engaged in the 
        performance of the duties of his office.
    (b) Except as otherwise provided by law, an officer of the 
United States Postal Service or of the Postal Rate Commission 
is deemed not an officer for purposes of this title.

Sec. 2105. Employee

    (a) For the purpose of this title, ``employee'', except as 
otherwise provided by this section or when specifically 
modified, means an officer and an individual who is--
            (1) appointed in the civil service by one of the 
        following acting in an official capacity--
                    (A) the President;
                    (B) a Member or Members of Congress, or the 
                Congress;
                    (C) a member of a uniformed service;
                    (D) an individual who is an employee under 
                this section;
                    (E) the head of a Government controlled 
                corporation; or
                    (F) an adjutant general designated by the 
                Secretary concerned under section 709(c) of 
                title 32;
            (2) engaged in the performance of a Federal 
        function under authority of law or an Executive act; 
        and
            (3) subject to the supervision of an individual 
        named by paragraph (1) of this subsection while engaged 
        in the performance of the duties of his position.
    (b) An individual who is employed at the United States 
Naval Academy in the midshipmen's laundry, the midshipmen's 
tailor shop, the midshipmen's cobbler and barber shops, and the 
midshipmen's store, except an individual employed by the 
Academy dairy (if any), and whose employment in such a position 
began before October 1, 1996, and has been uninterrupted in 
such a position since that date is deemed an employee.
    (c) An employee paid from nonappropriated funds of the Army 
and Air Force Exchange Service, Army and Air Force Motion 
Picture Service, Navy Ship's Stores Ashore, Navy exchanges, 
Marine Corps exchanges, Coast Guard exchanges, and other 
instrumentalities of the United States under the jurisdiction 
of the armed forces conducted for the comfort, pleasure, 
contentment, and mental and physical improvement of personnel 
of the armed forces is deemed not an employee for the purpose 
of--
            (1) laws administered by the Office of Personnel 
        Management, except--
                    (A) section 7204;
                    (B) as otherwise specifically provided in 
                this title;
                    (C) the Fair Labor Standards Act of 1938;
                    (D) for the purpose of entering into an 
                interchange agreement to provide for the 
                noncompetitive movement of employees between 
                such instrumentalities and the competitive 
                service; or
                    (E) subchapter V of chapter 63, which shall 
                be applied so as to construe references to 
                benefit programs to refer to applicable 
                programs for employees paid from 
                nonappropriated funds; or
            (2) subchapter I of chapter 81, chapter 84 (except 
        to the extent specifically provided therein), and 
        section 7902 of this title.
This subsection does not affect the status of these 
nonappropriated fund activities as Federal instrumentalities.
    (d) A Reserve of the armed forces who is not on active duty 
or who is on active duty for training is deemed not an employee 
or an individual holding an office of trust or profit or 
discharging an official function under or in connection with 
the United States because of his appointment, oath, or status, 
or any duties or functions performed or pay or allowances 
received in that capacity.
    (e) Except as otherwise provided by law, an employee of the 
United States Postal Service or of the Postal Rate Commission 
is deemed not an employee for purposes of this title.
    (f) For purposes of sections 1212, 1213, 1214, 1215, 1216, 
1221, 1222, 2302, and 7701, employees appointed under chapter 
73 or 74 of title 38 shall be employees.

Sec. 2106. Member of Congress

    For the purpose of this title, ``Member of Congress'' means 
the Vice President, a member of the Senate or the House of 
Representatives, a Delegate to the House of Representatives, 
and the Resident Commissioner from Puerto Rico.

Sec. 2107. Congressional employee

    For the purpose of this title, ``Congressional employee'' 
means--
            (1) an employee of either House of Congress, of a 
        committee of either House, or of a joint committee of 
        the two Houses;
            (2) an elected officer of either House who is not a 
        Member of Congress;
            (3) the Legislative Counsel of either House and an 
        employee of his office;
            (4) a member of the Capitol Police;
            (5) an employee of a Member of Congress if the pay 
        of the employee is paid by the Secretary of the Senate 
        or the Chief Administrative Officer of the House of 
        Representatives;
            [(6) Repealed. Pub. L. 90-83, Sec. 1(5)(A), Sept. 
        11, 1967, 81 Stat. 196.]
            (7) the Architect of the Capitol and an employee of 
        the Architect of the Capitol;
            (8) an employee of the Botanic Garden; and
            (9) an employee of the Capitol Guide Service.

Sec. 2108. Veteran; disabled veteran; preference eligible

    For the purpose of this title--
            (1) ``veteran'' means an individual who--
                    (A) served on active duty in the armed 
                forces during a war, in a campaign or 
                expedition for which a campaign badge has been 
                authorized, or during the period beginning 
                April 28, 1952, and ending July 1, 1955;
                    (B) served on active duty as defined by 
                section 101(21) of title 38 at any time in the 
                armed forces for a period of more than 180 
                consecutive days any part of which occurred 
                after January 31, 1955, and before the date of 
                enactment of the Veterans' Education and 
                Employment Assistance Act of 1976, not 
                including service under section 511(d) of title 
                10 pursuant to an enlistment in the Army 
                National Guard or the Air National Guard or as 
                a Reserve for service in the Army Reserve, 
                Naval Reserve, Air Force Reserve, Marine Corps 
                Reserve, or Coast Guard Reserve; or
                    (C) served on active duty as defined by 
                section 101(21) of title 38 in the armed forces 
                during the period beginning on August 2, 1990, 
                and ending on January 2, 1992;
        and who has been separated from the armed forces under 
        honorable conditions;
            (2) ``disabled veteran'' means an individual who 
        has served on active duty in the armed forces, has been 
        separated therefrom under honorable conditions, and has 
        established the present existence of a service-
        connected disability or is receiving compensation, 
        disability retirement benefits, or pension because of a 
        public statute administered by the Department of 
        Veterans Affairs or a military department;
            (3) ``preference eligible'' means, except as 
        provided in paragraph (4) of this section--
                    (A) a veteran as defined by paragraph 
                (1)(A) of this section;
                    (B) a veteran as defined by paragraph 
                (1)(B) or (C) of this section;
                    (C) a disabled veteran;
                    (D) the unmarried widow or widower of a 
                veteran as defined by paragraph (1)(A) of this 
                section;
                    (E) the wife or husband of a service-
                connected disabled veteran if the veteran has 
                been unable to qualify for any appointment in 
                the civil service or in the government of the 
                District of Columbia;
                    (F) the mother of an individual who lost 
                his life under honorable conditions while 
                serving in the armed forces during a period 
                named by paragraph (1)(A) of this section, if--
                            (i) her husband is totally and 
                        permanently disabled;
                            (ii) she is widowed, divorced, or 
                        separated from the father and has not 
                        remarried; or
                            (iii) she has remarried but is 
                        widowed, divorced, or legally separated 
                        from her husband when preference is 
                        claimed; and
                    (G) the mother of a service-connected 
                permanently and totally disabled veteran, if--
                            (i) her husband is totally and 
                        permanently disabled;
                            (ii) she is widowed, divorced, or 
                        separated from the father and has not 
                        remarried; or
                            (iii) she has remarried but is 
                        widowed, divorced, or legally separated 
                        from her husband when preference is 
                        claimed;
        but does not include applicants for, or members of, the 
        Senior Executive Service, the Defense Intelligence 
        Senior Executive Service, the Senior Cryptologic 
        Executive Service, or the Federal Bureau of 
        Investigation and Drug Enforcement Administration 
        Senior Executive Service;
            (4) except for the purposes of chapters 43 and 75 
        of this title, ``preference eligible'' does not include 
        a retired member of the armed forces unless--
                    (A) the individual is a disabled veteran; 
                or
                    (B) the individual retired below the rank 
                of major or its equivalent; and
            (5) ``retired member of the armed forces'' means a 
        member or former member of the armed forces who is 
        entitled, under statute, to retired, retirement, or 
        retainer pay on account of service as a member.

Sec. 2109. Air traffic controller; Secretary

    For the purpose of this title--
            (1) ``air traffic controller'' or ``controller'' 
        means a civilian employee of the Department of 
        Transportation or the Department of Defense who, in an 
        air traffic control facility or flight service station 
        facility--
                    (A) is actively engaged--
                            (i) in the separation and control 
                        of air traffic; or
                            (ii) in providing preflight, 
                        inflight, or airport advisory service 
                        to aircraft operators; or
                    (B) is the immediate supervisor of any 
                employee described in subparagraph (A); and
            (2) ``Secretary'', when used in connection with 
        ``air traffic controller'' or ``controller'', means the 
        Secretary of Transportation with respect to controllers 
        in the Department of Transportation, and the Secretary 
        of Defense with respect to controllers in the 
        Department of Defense.


                  CHAPTER 23--MERIT SYSTEM PRINCIPLES

Sec.
2301.    Merit system principles.
2302.    Prohibited personnel practices.
2303.    Prohibited personnel practices in the Federal Bureau of 
          Investigation.
2304.    Responsibility of the General Accounting Office.
2305.    Coordination with certain other provisions of law.

Sec. 2301. Merit system principles

    (a) This section shall apply to--
            (1) an Executive agency; and
            (2) the Government Printing Office.
    (b) Federal personnel management should be implemented 
consistent with the following merit system principles:
            (1) Recruitment should be from qualified 
        individuals from appropriate sources in an endeavor to 
        achieve a work force from all segments of society, and 
        selection and advancement should be determined solely 
        on the basis of relative ability, knowledge, and 
        skills, after fair and open competition which assures 
        that all receive equal opportunity.
            (2) All employees and applicants for employment 
        should receive fair and equitable treatment in all 
        aspects of personnel management without regard to 
        political affiliation, race, color, religion, national 
        origin, sex, marital status, age, or handicapping 
        condition, and with proper regard for their privacy and 
        constitutional rights.
            (3) Equal pay should be provided for work of equal 
        value, with appropriate consideration of both national 
        and local rates paid by employers in the private 
        sector, and appropriate incentives and recognition 
        should be provided for excellence in performance.
            (4) All employees should maintain high standards of 
        integrity, conduct, and concern for the public 
        interest.
            (5) The Federal work force should be used 
        efficiently and effectively.
            (6) Employees should be retained on the basis of 
        the adequacy of their performance, inadequate 
        performance should be corrected, and employees should 
        be separated who cannot or will not improve their 
        performance to meet required standards.
            (7) Employees should be provided effective 
        education and training in cases in which such education 
        and training would result in better organizational and 
        individual performance.
            (8) Employees should be--
                    (A) protected against arbitrary action, 
                personal favoritism, or coercion for partisan 
                political purposes, and
                    (B) prohibited from using their official 
                authority or influence for the purpose of 
                interfering with or affecting the result of an 
                election or a nomination for election.
            (9) Employees should be protected against reprisal 
        for the lawful disclosure of information which the 
        employees reasonably believe evidences--
                    (A) a violation of any law, rule, or 
                regulation, or
                    (B) mismanagement, a gross waste of funds, 
                an abuse of authority, or a substantial and 
                specific danger to public health or safety.
    (c) In administering the provisions of this chapter--
            (1) with respect to any agency (as defined in 
        section 2302(a)(2)(C) of this title), the President 
        shall, pursuant to the authority otherwise available 
        under this title, take any action, including the 
        issuance of rules, regulations, or directives; and
            (2) with respect to any entity in the executive 
        branch which is not such an agency or part of such an 
        agency, the head of such entity shall, pursuant to 
        authority otherwise available, take any action, 
        including the issuance of rules, regulations, or 
        directives;
which is consistent with the provisions of this title and which 
the President or the head, as the case may be, determines is 
necessary to ensure that personnel management is based on and 
embodies the merit system principles.

Sec. 2302. Prohibited personnel practices

    (a)(1) For the purpose of this title, ``prohibited 
personnel practice'' means any action described in subsection 
(b).
    (2) For the purpose of this section--
            (A) ``personnel action'' means--
                    (i) an appointment;
                    (ii) a promotion;
                    (iii) an action under chapter 75 of this 
                title or other disciplinary or corrective 
                action;
                    (iv) a detail, transfer, or reassignment;
                    (v) a reinstatement;
                    (vi) a restoration;
                    (vii) a reemployment;
                    (viii) a performance evaluation under 
                chapter 43 of this title;
                    (ix) a decision concerning pay, benefits, 
                or awards concerning education or training if 
                the education or training may reasonably be 
                expected to lead to an appointment, promotion, 
                performance evaluation, or other action 
                described in this subparagraph;
                            (x) \1\ a decision to order 
                        psychiatric testing or examination; and
---------------------------------------------------------------------------
    \1\ So in original. The margins for this clause probably should be 
moved 2 ems to the left.
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                            (xi) \1\ any other significant 
                        change in duties, responsibilities, or 
                        working conditions;
        with respect to an employee in, or applicant for, a 
        covered position in an agency, and in the case of an 
        alleged prohibited personnel practice described in 
        subsection (b)(8), an employee or applicant for 
        employment in a Government corporation as defined in 
        section 9101 of title 31;
            (B) ``covered position'' means, with respect to any 
        personnel action, any position in the competitive 
        service, a career appointee position in the Senior 
        Executive Service, or a position in the excepted 
        service, but does not include any position which is, 
        prior to the personnel action--
                    (i) excepted from the competitive service 
                because of its confidential, policy-
                determining, policy-making, or policy-
                advocating character; or
                    (ii) excluded from the coverage of this 
                section by the President based on a 
                determination by the President that it is 
                necessary and warranted by conditions of good 
                administration; and
            (C) ``agency'' means an Executive agency and the 
        Government Printing Office, but does not include--
                    (i) a Government corporation, except in the 
                case of an alleged prohibited personnel 
                practice described under subsection (b)(8);
                    (ii) the Federal Bureau of Investigation, 
                the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Imagery and 
                Mapping Agency, the National Security Agency, 
                and, as determined by the President, any 
                Executive agency or unit thereof the principal 
                function of which is the conduct of foreign 
                intelligence or counterintelligence activities; 
                or
                    (iii) the General Accounting Office.
    (b) Any employee who has authority to take, direct others 
to take, recommend, or approve any personnel action, shall not, 
with respect to such authority--
            (1) discriminate for or against any employee or 
        applicant for employment--
                    (A) on the basis of race, color, religion, 
                sex, or national origin, as prohibited under 
                section 717 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16);
                    (B) on the basis of age, as prohibited 
                under sections 12 and 15 of the Age 
                Discrimination in Employment Act of 1967 (29 
                U.S.C. 631, 633a);
                    (C) on the basis of sex, as prohibited 
                under section 6(d) of the Fair Labor Standards 
                Act of 1938 (29 U.S.C. 206(d));
                    (D) on the basis of handicapping condition, 
                as prohibited under section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791); or
                    (E) on the basis of marital status or 
                political affiliation, as prohibited under any 
                law, rule, or regulation;
            (2) solicit or consider any recommendation or 
        statement, oral or written, with respect to any 
        individual who requests or is under consideration for 
        any personnel action unless such recommendation or 
        statement is based on the personal knowledge or records 
        of the person furnishing it and consists of--
                    (A) an evaluation of the work performance, 
                ability, aptitude, or general qualifications of 
                such individual; or
                    (B) an evaluation of the character, 
                loyalty, or suitability of such individual;
            (3) coerce the political activity of any person 
        (including the providing of any political contribution 
        or service), or take any action against any employee or 
        applicant for employment as a reprisal for the refusal 
        of any person to engage in such political activity;
            (4) deceive or willfully obstruct any person with 
        respect to such person's right to compete for 
        employment;
            (5) influence any person to withdraw from 
        competition for any position for the purpose of 
        improving or injuring the prospects of any other person 
        for employment;
            (6) grant any preference or advantage not 
        authorized by law, rule, or regulation to any employee 
        or applicant for employment (including defining the 
        scope or manner of competition or the requirements for 
        any position) for the purpose of improving or injuring 
        the prospects of any particular person for employment;
            (7) appoint, employ, promote, advance, or advocate 
        for appointment, employment, promotion, or advancement, 
        in or to a civilian position any individual who is a 
        relative (as defined in section 3110(a)(3) of this 
        title) of such employee if such position is in the 
        agency in which such employee is serving as a public 
        official (as defined in section 3110(a)(2) of this 
        title) or over which such employee exercises 
        jurisdiction or control as such an official;
            (8) take or fail to take, or threaten to take or 
        fail to take, a personnel action with respect to any 
        employee or applicant for employment because of--
                    (A) any disclosure of information by an 
                employee or applicant which the employee or 
                applicant reasonably believes evidences--
                            (i) a violation of any law, rule, 
                        or regulation, or
                            (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety,
                if such disclosure is not specifically 
                prohibited by law and if such information is 
                not specifically required by Executive order to 
                be kept secret in the interest of national 
                defense or the conduct of foreign affairs; or
                    (B) any disclosure to the Special Counsel, 
                or to the Inspector General of an agency or 
                another employee designated by the head of the 
                agency to receive such disclosures, of 
                information which the employee or applicant 
                reasonably believes evidences--
                            (i) a violation of any law, rule, 
                        or regulation, or
                            (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety;
            (9) take or fail to take, or threaten to take or 
        fail to take, any personnel action against any employee 
        or applicant for employment because of--
                    (A) the exercise of any appeal, complaint, 
                or grievance right granted by any law, rule, or 
                regulation;
                    (B) testifying for or otherwise lawfully 
                assisting any individual in the exercise of any 
                right referred to in subparagraph (A);
                    (C) cooperating with or disclosing 
                information to the Inspector General of an 
                agency, or the Special Counsel, in accordance 
                with applicable provisions of law; or
                    (D) for refusing to obey an order that 
                would require the individual to violate a law.
            (10) discriminate for or against any employee or 
        applicant for employment on the basis of conduct which 
        does not adversely affect the performance of the 
        employee or applicant or the performance of others; 
        except that nothing in this paragraph shall prohibit an 
        agency from taking into account in determining 
        suitability or fitness any conviction of the employee 
        or applicant for any crime under the laws of any State, 
        of the District of Columbia, or of the United States;
            (11)(A) knowingly take, recommend, or approve any 
        personnel action if the taking of such action would 
        violate a veterans' preference requirement; or
            (B) knowingly fail to take, recommend, or approve 
        any personnel action if the failure to take such action 
        would violate a veterans' preference requirement; or
            (12) take or fail to take any other personnel 
        action if the taking of or failure to take such action 
        violates any law, rule, or regulation implementing, or 
        directly concerning, the merit system principles 
        contained in section 2301 of this title.
This subsection shall not be construed to authorize the 
withholding of information from the Congress or the taking of 
any personnel action against an employee who discloses 
information to the Congress.
    (c) The head of each agency shall be responsible for the 
prevention of prohibited personnel practices, for the 
compliance with and enforcement of applicable civil service 
laws, rules, and regulations, and other aspects of personnel 
management, and for ensuring (in consultation with the Office 
of Special Counsel) that agency employees are informed of the 
rights and remedies available to them under this chapter and 
chapter 12 of this title. Any individual to whom the head of an 
agency delegates authority for personnel management, or for any 
aspect thereof, shall be similarly responsible within the 
limits of the delegation.
    (d) This section shall not be construed to extinguish or 
lessen any effort to achieve equal employment opportunity 
through affirmative action or any right or remedy available to 
any employee or applicant for employment in the civil service 
under--
            (1) section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16), prohibiting discrimination on the 
        basis of race, color, religion, sex, or national 
        origin;
            (2) sections 12 and 15 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 631, 633a), 
        prohibiting discrimination on the basis of age;
            (3) under section 6(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 206(d)), prohibiting 
        discrimination on the basis of sex;
            (4) section 501 of the Rehabilitation Act of 1973 
        (29 U.S.C. 791), prohibiting discrimination on the 
        basis of handicapping condition; or
            (5) the provisions of any law, rule, or regulation 
        prohibiting discrimination on the basis of marital 
        status or political affiliation.
    (e)(1) For the purpose of this section, the term 
``veterans' preference requirement'' means any of the following 
provisions of law:
            (A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 
        3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 
        3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with 
        respect to a preference eligible referred to in section 
        7511(a)(1)(B)) subchapter II of chapter 75 and section 
        7701.
            (B) Sections 943(c)(2) and 1784(c) of title 10.
            (C) Section 1308(b) of the Alaska National Interest 
        Lands Conservation Act.
            (D) Section 301(c) of the Foreign Service Act of 
        1980.
            (E) Sections 106(f), 7281(e), and 7802(5) of title 
        38.
            (F) Section 1005(a) of title 39.
            (G) Any other provision of law that the Director of 
        the Office of Personnel Management designates in 
        regulations as being a veterans' preference requirement 
        for the purposes of this subsection.
            (H) Any regulation prescribed under subsection (b) 
        or (c) of section 1302 and any other regulation that 
        implements a provision of law referred to in any of the 
        preceding subparagraphs.
    (2) Notwithstanding any other provision of this title, no 
authority to order corrective action shall be available in 
connection with a prohibited personnel practice described in 
subsection (b)(11). Nothing in this paragraph shall be 
considered to affect any authority under section 1215 (relating 
to disciplinary action).

Sec. 2303. Prohibited personnel practices in the Federal Bureau of 
                    Investigation

    (a) Any employee of the Federal Bureau of Investigation who 
has authority to take, direct others to take, recommend, or 
approve any personnel action, shall not, with respect to such 
authority, take or fail to take a personnel action with respect 
to any employee of the Bureau as a reprisal for a disclosure of 
information by the employee to the Attorney General (or an 
employee designated by the Attorney General for such purpose) 
which the employee or applicant reasonably believes evidences--
            (1) a violation of any law, rule, or regulation, or
            (2) mismanagement, a gross waste of funds, an abuse 
        of authority, or a substantial and specific danger to 
        public health or safety.
For the purpose of this subsection, ``personnel action'' means 
any action described in clauses (i) through (x) of section 
2302(a)(2)(A) of this title with respect to an employee in, or 
applicant for, a position in the Bureau (other than a position 
of a confidential, policy-determining, policy-making, or 
policy-advocating character).
    (b) The Attorney General shall prescribe regulations to 
ensure that such a personnel action shall not be taken against 
an employee of the Bureau as a reprisal for any disclosure of 
information described in subsection (a) of this section.
    (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.

Sec. 2304. Responsibility of the General Accounting Office

    If requested by either House of the Congress (or any 
committee thereof), or if considered necessary by the 
Comptroller General, the General Accounting Office shall 
conduct audits and reviews to assure compliance with the laws, 
rules, and regulations governing employment in the executive 
branch and in the competitive service and to assess the 
effectiveness and soundness of Federal personnel management.

Sec. 2305. Coordination with certain other provisions of law

    No provision of this chapter, or action taken under this 
chapter, shall be construed to impair the authorities and 
responsibilities set forth in section 102 of the National 
Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403), the Central 
Intelligence Agency Act of 1949 (63 Stat. 208; 50 U.S.C. 403a 
and following), the Act entitled ``An Act to provide certain 
administrative authorities for the National Security Agency, 
and for other purposes'', approved May 29, 1959 (73 Stat. 63; 
50 U.S.C. 402 note), and the Act entitled ``An Act to amend the 
Internal Security Act of 1950'', approved March 26, 1964 (78 
Stat. 168; 50 U.S.C. 831-835).


          CHAPTER 29--COMMISSIONS, OATHS, RECORDS, AND REPORTS

              SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS

Sec.
2901.    Commission of an officer.
2902.    Commission; where recorded.
2903.    Oath; authority to administer.
2904.    Oath; administered without fees.
2905.    Oath; renewal.
2906.    Oath; custody.

                         SUBCHAPTER II--REPORTS

2951.    Reports to the Office of Personnel Management.
2952.    Time of making annual reports.
2953.    Reports to Congress on additional employee requirements.
2954.    Information to committees of Congress on request.

             SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS

Sec. 2901. Commission of an officer

    The President may make out and deliver, after adjournment 
of the Senate, the commission of an officer whose appointment 
has been confirmed by the Senate.

Sec. 2902. Commission; where recorded

    (a) Except as provided by subsections (b) and (c) of this 
section, the Secretary of State shall make out and record, and 
affix the seal of the United States to, the commission of an 
officer appointed by the President. The seal of the United 
States may not be affixed to the commission before the 
commission has been signed by the President.
    (b) The commission of an officer in the civil service or 
uniformed services under the control of the Secretary of 
Agriculture, the Secretary of Commerce, the Secretary of 
Defense, the Secretary of a military department, the Secretary 
of the Interior, or the Secretary of the Treasury shall be made 
out and recorded in the department in which he is to serve 
under the seal of that department. The departmental seal may 
not be affixed to the commission before the commission has been 
signed by the President.
    (c) The commissions of judicial officers and United States 
attorneys and marshals, appointed by the President, by and with 
the advice and consent of the Senate, and other commissions 
which before August 8, 1888, were prepared at the Department of 
State on the requisition of the Attorney General, shall be made 
out and recorded in the Department of Justice under the seal of 
that department and countersigned by the Attorney General. The 
departmental seal may not be affixed to the commission before 
the commission has been signed by the President.

Sec. 2903. Oath; authority to administer

    (a) The oath of office required by section 3331 of this 
title may be administered by an individual authorized by the 
laws of the United States or local law to administer oaths in 
the State, District, or territory or possession of the United 
States where the oath is administered.
    (b) An employee of an Executive agency designated in 
writing by the head of the Executive agency, or the Secretary 
of a military department with respect to an employee of his 
department, may administer--
            (1) the oath of office required by section 3331 of 
        this title, incident to entrance into the executive 
        branch; or
            (2) any other oath required by law in connection 
        with employment in the executive branch.
    (c) An oath authorized or required under the laws of the 
United States may be administered by--
            (1) the Vice President; or
            (2) an individual authorized by local law to 
        administer oaths in the State, District, or territory 
        or possession of the United States where the oath is 
        administered.

Sec. 2904. Oath; administered without fees

    An employee of an Executive agency who is authorized to 
administer the oath of office required by section 3331 of this 
title, or any other oath required by law in connection with 
employment in the executive branch, may not charge or receive a 
fee or pay for administering the oath.

Sec. 2905. Oath; renewal

    (a) An employee of an Executive agency or an individual 
employed by the government of the District of Columbia who, on 
original appointment, subscribed to the oath of office required 
by section 3331 of this title is not required to renew the oath 
because of a change in status so long as his service is 
continuous in the agency in which he is employed, unless, in 
the opinion of the head of the Executive agency, the Secretary 
of a military department with respect to an employee of his 
department, or the Commissioners of the District of Columbia, 
the public interest so requires.
    (b) An individual who, on appointment as an employee of a 
House of Congress, subscribed to the oath of office required by 
section 3331 of this title is not required to renew the oath so 
long as his service as an employee of that House of Congress is 
continuous.

Sec. 2906. Oath; custody

    The oath of office taken by an individual under section 
3331 of this title shall be delivered by him to, and preserved 
by, the House of Congress, agency, or court to which the office 
pertains.


                         SUBCHAPTER II--REPORTS

Sec. 2951. Reports to the Office of Personnel Management

    The President may prescribe rules which shall provide, as 
nearly as conditions of good administration warrant, that--
            (1) the appointing authority notify the Office of 
        Personnel Management in writing of the following 
        actions and their dates as to each individual selected 
        for appointment in the competitive service from among 
        those who have been examined--
                    (A) appointment and residence of appointee;
                    (B) separation during probation;
                    (C) transfer;
                    (D) resignation;
                    (E) removal; and
            (2) the Office keep records of these actions.

Sec. 2952. Time of making annual reports

    Except when a different time is specifically prescribed by 
statute, the head of each Executive department or military 
department shall make the annual reports, required to be 
submitted to Congress, at the beginning of each regular session 
of Congress. The reports shall cover the transactions of the 
preceding year.

Sec. 2953. Reports to Congress on additional employee requirements

    (a) Each report, recommendation, or other communication, of 
an official nature, of an Executive agency which--
            (1) relates to pending or proposed legislation 
        which, if enacted, will entail an estimated annual 
        expenditure of appropriated funds in excess of 
        $1,000,000;
            (2) is submitted or transmitted to Congress or a 
        committee thereof in compliance with law or on the 
        initiative of the appropriate authority of the 
        executive branch; and
            (3) officially proposes or recommends the creation 
        or expansion, either by action of Congress or by 
        administrative action, of a function, activity, or 
        authority of the Executive agency to be in addition to 
        those functions, activities, and authorities thereof 
        existing when the report, recommendation, or other 
        communication is so submitted or transmitted;
shall contain a statement, concerning the Executive agency, for 
each of the first 5 fiscal years during which each additional 
or expanded function, activity, or authority so proposed or 
recommended is to be in effect, setting forth the following 
information--
            (A) the estimated maximum additional--
                    (i) man-years of civilian employment, by 
                general categories of positions;
                    (ii) expenditures for personal services; 
                and
                    (iii) expenditures for all purposes other 
                than personal services;
        which are attributable to the function, activity, or 
        authority and which will be required to be effected by 
        the Executive agency in connection with the performance 
        thereof; and
            (B) such other statement, discussion, explanation, 
        or other information as is considered advisable by the 
        appropriate authority of the executive branch or that 
        is required by Congress or a committee thereof.
    (b) Subsection (a) of this section does not apply to--
            (1) the Central Intelligence Agency;
            (2) a Government controlled corporation; or
            (3) the General Accounting Office.

Sec. 2954. Information to committees of Congress on request

    An Executive agency, on request of the Committee on 
Government Operations of the House of Representatives, or of 
any seven members thereof, or on request of the Committee on 
Governmental Affairs of the Senate, or any five members 
thereof, shall submit any information requested of it relating 
to any matter within the jurisdiction of the committee.


                  Subpart B--Employment and Retention

                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT

                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES

Sec.
3101.    General authority to employ.
3102.    Employment of personal assistants for handicapped employees, 
          including blind and deaf employees.
3103.    Employment at seat of Government only for services rendered.
3104.    Employment of specially qualified scientific and professional 
          personnel.
3105.    Appointment of administrative law judges.
3106.    Employment of attorneys; restrictions.
3107.    Employment of publicity experts; restrictions.
3108.    Employment of detective agencies; restrictions.
3109.    Employment of experts and consultants; temporary or 
          intermittent.
3110.    Employment of relatives; restrictions.
3111.    Acceptance of volunteer service.
3112.    Disabled veterans; noncompetitive appointment.
3113.    Restriction on reemployment after conviction of certain crimes.

               SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

3131.    The Senior Executive Service.
3132.    Definitions and exclusions.
3133.    Authorization of positions; authority for appointment.
3134.    Limitations on noncareer and limited appointments.
[3135.   Repealed.]
3136.    Regulations.

SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT 
                 ADMINISTRATION SENIOR EXECUTIVE SERVICE

3151.    The Federal Bureau of Investigation and Drug Enforcement 
          Administration Senior Executive Service.
3152.    Limitation on pay.

 SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE 
                                  ORDER

Sec.\1\
3161.    Employment and compensation of employees.

                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES

Sec. 3101. General authority to employ

    Each Executive agency, military department, and the 
government of the District of Columbia may employ such number 
of employees of the various classes recognized by chapter 51 of 
this title as Congress may appropriate for from year to year.
---------------------------------------------------------------------------
    \1\ So in law. Section 1101(b) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
section 1 of Public Law 106-398; 114 Stat. 1654A-310) amended the table 
of sections for chapter 31 by adding at the end a new subchapter IV. 
The amendment probably should not have included ``Sec.'' in the 
inserted matter.
---------------------------------------------------------------------------

Sec. 3102. Employment of personal assistants for handicapped employees, 
                    including blind and deaf employees

    (a) For the purpose of this section--
            (1) \1\ ``agency'' means--
---------------------------------------------------------------------------
    \1\ Section 307 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 2001 (as 
enacted into law by section 1(a)(2) of Public Law 106-553; 114 Stat. 
2762) provides for amendments to this paragraph that could not be 
executed due to the execution of identical amendments made by section 
311 of Public Law 106-518.
---------------------------------------------------------------------------
                    (A) an Executive agency;
                    (B) the Library of Congress; and
                    (C) an office, agency, or other 
                establishment in the judicial branch;
            (2) ``handicapped employee'' means an individual 
        employed by an agency who is blind or deaf or who 
        otherwise qualifies as a handicapped individual within 
        the meaning of section 501 of the Rehabilitation Act of 
        1973 (29 U.S.C. 794); and
            (3) ``nonprofit organization'' means an 
        organization determined by the Secretary of the 
        Treasury to be an organization described in section 
        501(c) of the Internal Revenue Code of 1954 (26 U.S.C. 
        501(c)) which is exempt from taxation under section 
        501(a) of such Code.
    (b)(1) The head of each agency may employ one or more 
personal assistants who the head of the agency determines are 
necessary to enable a handicapped employee of that agency to 
perform the employee's official duties and who shall serve 
without pay from the agency without regard to--
            (A) the provisions of this title governing 
        appointment in the competitive service;
            (B) chapter 51 and subchapter III of chapter 53 of 
        this title; and
            (C) section 1342 of title 31.
Such employment may include the employing of a reading 
assistant or assistants for a blind employee or an interpreting 
assistant or assistants for a deaf employee.
    (2) A personal assistant, including a reading or 
interpreting assistant, employed under this subsection may 
receive pay for services performed by the assistant from the 
handicapped employee or a nonprofit organization, without 
regard to section 209 of title 18.
    (c) The head of each agency may also employ or assign one 
or more personal assistants who the head of the agency 
determines are necessary to enable a handicapped employee of 
that agency to perform the employee's official duties. Such 
employment may include the employing of a reading assistant or 
assistants for a blind employee or an interpreting assistant or 
assistants for a deaf employee.
    (d)(1) In the case of any handicapped employee (including a 
blind or deaf employee) traveling on official business, the 
head of the agency may authorize the payment to an individual 
to accompany or assist (or both) the handicapped employee for 
all or a portion of the travel period involved. Any payment 
under this subsection to such an individual may be made either 
directly to that individual or  by  advancement  or  
reimbursement  to  the  handicapped employee.
    (2) With respect to any individual paid to accompany or 
assist a handicapped employee under paragraph (1) of this 
subsection--
            (A) the amount paid to that individual shall not 
        exceed the limit or limits which the Office of 
        Personnel Management shall prescribe by regulation to 
        ensure that the payment does not exceed amounts 
        (including pay and, if appropriate, travel expenses and 
        per diem allowances) which could be paid to an employee 
        assigned to accompany or assist the handicapped 
        employee; and
            (B) that individual shall be considered an 
        employee, but only for purposes of chapter 81 of this 
        title (relating to compensation for injury) and 
        sections 2671 through 2680 of title 28 (relating to 
        tort claims).
    (e) This section may not be held or considered to prevent 
or limit in any way the assignment to a handicapped employee 
(including a blind or deaf employee) by an agency of clerical 
or secretarial assistance, at the expense of the agency under 
statutes and regulations currently applicable at the time, if 
that assistance normally is provided, or authorized to be 
provided, in that manner under currently applicable statutes 
and regulations.

Sec. 3103. Employment at seat of Government only for services rendered

    An individual may be employed in the civil service in an 
Executive department at the seat of Government only for 
services actually rendered in connection with and for the 
purposes of the appropriation from which he is paid. An 
individual who violates this section shall be removed from the 
service.

Sec. 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.
    (b) The provisions of subsection (a) of this section shall 
not apply to any Senior Executive Service position (as defined 
in section 3132(a) of this title).
    (c) In addition to the number of positions authorized by 
subsection (a) of this section, the Librarian of Congress may 
establish, without regard to the second sentence of paragraph 
(1) of this subsection, not more than 8 scientific or 
professional positions to carry out the research and 
development functions of the Library of Congress which require 
the services of specially qualified personnel.

Sec. 3105. Appointment of administrative law judges

    Each agency shall appoint as many administrative law judges 
as are necessary for proceedings required to be conducted in 
accordance with sections 556 and 557 of this title. 
Administrative law judges shall be assigned to cases in 
rotation so far as practicable, and may not perform duties 
inconsistent with their duties and responsibilities as 
administrative law judges.

Sec. 3106. Employment of attorneys; restrictions

    Except as otherwise authorized by law, the head of an 
Executive department or military department may not employ an 
attorney or counsel for the conduct of litigation in which the 
United States, an agency, or employee thereof is a party, or is 
interested, or for the securing of evidence therefor, but shall 
refer the matter to the Department of Justice. This section 
does not apply to the employment and payment of counsel under 
section 1037 of title 10.

Sec. 3107. Employment of publicity experts; restrictions

    Appropriated funds may not be used to pay a publicity 
expert unless specifically appropriated for that purpose.

Sec. 3108. Employment of detective agencies; restrictions

    An individual employed by the Pinkerton Detective Agency, 
or similar organization, may not be employed by the Government 
of the United States or the government of the District of 
Columbia.

Sec. 3109. Employment of experts and consultants; temporary or 
                    intermittent

    (a) For the purpose of this section--
            (1) ``agency'' has the meaning given it by section 
        5721 of this title; and
            (2) ``appropriation'' includes funds made available 
        by statute under section 9104 of title 31.
    (b) When authorized by an appropriation or other statute, 
the head of an agency may procure by contract the temporary 
(not in excess of 1 year) or intermittent services of experts 
or consultants or an organization thereof, including 
stenographic reporting services. Services procured under this 
section are without regard to--
            (1) the provisions of this title governing 
        appointment in the competitive service;
            (2) chapter 51 and subchapter III of chapter 53 of 
        this title; and
            (3) section 5 of title 41, except in the case of 
        stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of 
chapter 53 of this title may pay a rate for services under this 
section in excess of the daily equivalent of the highest rate 
payable under section 5332 of this title only when specifically 
authorized by the appropriation or other statute authorizing 
the procurement of the services.
    (c) Positions in the Senior Executive Service or the 
Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service may not be filled under 
the authority of subsection (b) of this section.
    (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.

Sec. 3110. Employment of relatives; restrictions

    (a) For the purpose of this section--
            (1) agency means--
                    (A) an Executive agency;
                    (B) an office, agency, or other 
                establishment in the legislative branch;
                    (C) an office, agency, or other 
                establishment in the judicial branch; and
                    (D) the government of the District of 
                Columbia;
            (2) ``public official'' means an officer (including 
        the President and a Member of Congress), a member of 
        the uniformed service, an employee and any other 
        individual, in whom is vested the authority by law, 
        rule, or regulation, or to whom the authority has been 
        delegated, to appoint, employ, promote, or advance 
        individuals, or to recommend individuals for 
        appointment, employment, promotion, or advancement in 
        connection with employment in an agency; and
            (3) ``relative'' means, with respect to a public 
        official, an individual who is related to the public 
        official as father, mother, son, daughter, brother, 
        sister, uncle, aunt, first cousin, nephew, niece, 
        husband, wife, father-in-law, mother-in-law, son-in-
        law, daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, or half sister.
    (b) A public official may not appoint, employ, promote, 
advance, or advocate for appointment, employment, promotion, or 
advancement, in or to a civilian position in the agency in 
which he is serving or over which he exercises jurisdiction or 
control any individual who is a relative of the public 
official. An individual may not be appointed, employed, 
promoted, or advanced in or to a civilian position in an agency 
if such appointment, employment, promotion, or advancement has 
been advocated by a public official, serving in or exercising 
jurisdiction or control over the agency, who is a relative of 
the individual.
    (c) An individual appointed, employed, promoted, or 
advanced in violation of this section is not entitled to pay, 
and money may not be paid from the Treasury as pay to an 
individual so appointed, employed, promoted, or advanced.
    (d) The Office of Personnel Management may prescribe 
regulations authorizing the temporary employment, in the event 
of emergencies resulting from natural disasters or similar 
unforeseen events or circumstances, of individuals whose 
employment would otherwise be prohibited by this section.
    (e) This section shall not be construed to prohibit the 
appointment of an individual who is a preference eligible in 
any case in which the passing over of that individual on a 
certificate of eligibles furnished under section 3317(a) of 
this title will result in the selection for appointment of an 
individual who is not a preference eligible.

Sec. 3111. Acceptance of volunteer service

    (a) For the purpose of this section, ``student'' means an 
individual who is enrolled, not less than half-time, in a high 
school, trade school, technical or vocational institute, junior 
college, college, university, or comparable recognized 
educational institution. An individual who is a student is 
deemed not to have ceased to be a student during an interim 
between school years if the interim is not more than 5 months 
and if such individual shows to the satisfaction of the Office 
of Personnel Management that the individual has a bona fide 
intention of continuing to pursue a course of study or training 
in the same or different educational institution during the 
school semester (or other period into which the school year is 
divided) immediately after the interim.
    (b) Notwithstanding section 1342 of title 31, the head of 
an agency may accept, subject to regulations issued by the 
Office, voluntary service for the United States if the 
service--
            (1) is performed by a student, with the permission 
        of the institution at which the student is enrolled, as 
        part of an agency program established for the purpose 
        of providing educational experiences for the student;
            (2) is to be uncompensated; and
            (3) will not be used to displace any employee.
    (c)(1) Except as provided in paragraph (2), any student who 
provides voluntary service under subsection (b) of this section 
shall not be considered a Federal employee for any purpose 
other than for purposes of chapter 81 of this title (relating 
to compensation for injury) and sections 2671 through 2680 of 
title 28 (relating to tort claims).
    (2) In addition to being considered a Federal employee for 
the purposes specified in paragraph (1), any student who 
provides voluntary service as part of a program established 
under subsection (b) of this section in the Internal Revenue 
Service, Department of the Treasury, shall be considered an 
employee of the Department of the Treasury for purposes of--
            (A) section 552a of this title (relating to 
        disclosure of records);
            (B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) 
        of section 6103 of title 26 (relating to 
        confidentiality and disclosure of returns and return 
        information);
            (C) sections 7213(a)(1) and 7431 of title 26 
        (relating to unauthorized disclosures of returns and 
        return information by Federal employees and other 
        persons); and
            (D) section 7423 of title 26 (relating to suits 
        against employees of the United States);
except that returns and return information (as defined in 
section 6103(b) of title 26) shall be made available to 
students under such program only to the extent that the 
Secretary of the Treasury or his designee determines that the 
duties assigned to such students so require.

Sec. 3112. Disabled veterans; noncompetitive appointment

    Under such regulations as the Office of Personnel 
Management shall prescribe, an agency may make a noncompetitive 
appointment leading to conversion to career or career-
conditional employment of a disabled veteran who has a 
compensable service-connected disability of 30 percent or more.

Sec. 3113. Restriction on reemployment after conviction of certain 
                    crimes

    An employee shall be separated from service and barred from 
reemployment in the Federal service, if--
            (1) the employee is convicted of a violation of 
        section 201(b) of title 18; and
            (2) such violation related to conduct prohibited 
        under section 1010(a) of the Controlled Substances 
        Import and Export Act (21 U.S.C. 960(a)).


              SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

Sec. 3131. The Senior Executive Service

    It is the purpose of this subchapter to establish a Senior 
Executive Service to ensure that the executive management of 
the Government of the United States is responsive to the needs, 
policies, and goals of the Nation and otherwise is of the 
highest quality. The Senior Executive Service shall be 
administered so as to--
            (1) provide for a compensation system, including 
        salaries, benefits, and incentives, and for other 
        conditions of employment, designed to attract and 
        retain highly competent senior executives;
            (2) ensure that compensation, retention, and tenure 
        are contingent on executive success which is measured 
        on the basis of individual and organizational 
        performance (including such factors as improvements in 
        efficiency, productivity, quality of work or service, 
        cost efficiency, and timeliness of performance
        and success in meeting equal employment opportunity 
        goals);
            (3) assure that senior executives are accountable 
        and responsible for the effectiveness and productivity 
        of employees under them;
            (4) recognize exceptional accomplishment;
            (5) enable the head of an agency to reassign senior 
        executives to best accomplish the agency's mission;
            (6) provide for severance pay, early retirement, 
        and placement assistance for senior executives who are 
        removed from the Senior Executive Service for 
        nondisciplinary reasons;
            (7) protect senior executives from arbitrary or 
        capricious actions;
            (8) provide for program continuity and policy 
        advocacy in the management of public programs;
            (9) maintain a merit personnel system free of 
        prohibited personnel practices;
            (10) ensure accountability for honest, economical, 
        and efficient Government;
            (11) ensure compliance with all applicable civil 
        service laws, rules, and regulations, including those 
        related to equal employment opportunity, political 
        activity, and conflicts of interest;
            (12) provide for the initial and continuing 
        systematic development of highly competent senior 
        executives;
            (13) provide for an executive system which is 
        guided by the public interest and free from improper 
        political interference; and
            (14) appoint career executives to fill Senior 
        Executive Service positions to the extent practicable, 
        consistent with the effective and efficient 
        implementation of agency policies and responsibilities.

Sec. 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 Imagery and 
                Mapping 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;
---------------------------------------------------------------------------
    \1\ So in law. See the amendment made by section 402(b) of Public 
Law 102-476 which inserted ``, Department of Defense intelligence 
activities the civilian employees of which are subject to section 1590 
of title 10,'' after ``National Security Agency''.
---------------------------------------------------------------------------
                    (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--
                    (A) directs the work of an organizational 
                unit;
                    (B) is held accountable for the success of 
                one or more specific programs or projects;
                    (C) monitors progress toward organizational 
                goals and periodically evaluates and makes 
                appropriate adjustments to such goals;
                    (D) supervises the work of employees other 
                than personal assistants; or
                    (E) otherwise exercises important policy-
                making, policy-determining, or other executive 
                functions;
        but does not include--
                    (i) any position in the Foreign Service of 
                the United States; or
                    (ii) an administrative law judge position 
                under section 3105 of this title;
            (3) ``senior executive'' means a member of the 
        Senior Executive Service;
            (4) ``career appointee'' means an individual in a 
        Senior Executive Service position whose appointment to 
        the position or previous appointment to another Senior 
        Executive Service position was based on approval by the 
        Office of Personnel Management of the executive 
        qualifications of such individual;
            (5) ``limited term appointee'' means an individual 
        appointed under a nonrenewable appointment for a term 
        of 3 years or less to a Senior Executive Service 
        position the duties of which will expire at the end of 
        such term;
            (6) ``limited emergency appointee'' means an 
        individual appointed under a nonrenewable appointment, 
        not to exceed 18 months, to a Senior Executive Service 
        position established to meet a bona fide, 
        unanticipated, urgent need;
            (7) ``noncareer appointee'' means an individual in 
        a Senior Executive Service position who is not a career 
        appointee, a limited term appointee, or a limited 
        emergency appointee;
            (8) ``career reserved position'' means a position 
        which is required to be filled by a career appointee 
        and which is designated under subsection (b) of this 
        section; and
            (9) ``general position'' means any position, other 
        than a career reserved position, which may be filled by 
        either a career appointee, noncareer appointee, limited 
        emergency appointee, or limited term appointee.
    (b)(1) For the purpose of paragraph (8) of subsection (a) 
of this section, the Office shall prescribe the criteria and 
regulations governing the designation of career reserved 
positions. The criteria and regulations shall provide that a 
position shall be designated as a career reserved position only 
if the filling of the position by a career appointee is 
necessary to ensure impartiality, or the public's confidence in 
the impartiality, of the Government. The head of each agency 
shall be responsible for designating career reserved positions 
in such agency in accordance with such criteria and 
regulations.
    (2) The Office shall periodically review general positions 
to determine whether the positions should be designated as 
career reserved. If the Office determines that any such 
position should be so designated, it shall order the agency to 
make the designation.
    (3) Notwithstanding the provisions of any other law, any 
position to be designated as a Senior Executive Service 
position (except a position in the Executive Office of the 
President) which--
            (A) is under the Executive Schedule, or for which 
        the rate of basic pay is determined by reference to the 
        Executive Schedule, and
            (B) on the day before the date of the enactment of 
        the Civil Service Reform Act of 1978 was specifically 
        required under section 2102 of this title or otherwise 
        required by law to be in the competitive service,
shall be designated as a career reserved position if the 
position entails direct responsibility to the public for the 
management or operation of particular government programs or 
functions.
    (4) Not later than March 1 of each year, the head of each 
agency shall publish in the Federal Register a list of 
positions in the agency which were career reserved positions 
during the preceding calendar year.
    (c) An agency may file an application with the Office 
setting forth reasons why it, or a unit thereof, should be 
excluded from the coverage of this subchapter. The Office 
shall--
            (1) review the application and stated reasons,
            (2) undertake a review to determine whether the 
        agency or unit should be excluded from the coverage of 
        this subchapter, and
            (3) upon completion of its review, recommend to the 
        President whether the agency or unit should be excluded 
        from the coverage of this subchapter.
If the Office recommends that an agency or unit thereof be 
excluded from the coverage of this subchapter, the President 
may, on written determination, make the exclusion for the 
period determined by the President to be appropriate.
    (d) Any agency or unit which is excluded from coverage 
under subsection (c) of this section shall make a sustained 
effort to bring its personnel system into conformity with the 
Senior Executive Service to the extent practicable.
    (e) The Office may at any time recommend to the President 
that any exclusion previously granted to an agency or unit 
thereof under subsection (c) of this section be revoked. Upon 
recommendation of the Office, the President may revoke, by 
written determination, any exclusion made under subsection (c) 
of this section.
    (f) If--
            (1) any agency is excluded under subsection (c) of 
        this section, or
            (2) any exclusion is revoked under subsection (e) 
        of this section,
the Office shall, within 30 days after the action, transmit to 
the Congress written notice of the exclusion or revocation.

Sec. 3133. Authorization of positions; authority for appointment

    (a) During each even-numbered calendar year, each agency 
shall--
            (1) examine its needs for Senior Executive Service 
        positions for each of the 2 fiscal years beginning 
        after such calendar year; and
            (2) submit to the Office of Personnel Management a 
        written request for a specific number of Senior 
        Executive Service positions for each of such fiscal 
        years.
    (b) Each agency request submitted under subsection (a) of 
this section shall--
            (1) be based on the anticipated type and extent of 
        program activities and budget requests of the agency 
        for each of the 2 fiscal years involved, and such other 
        factors as may be prescribed from time to time by the 
        Office; and
            (2) identify, by position title, positions which 
        are proposed to be designated as or removed from 
        designation as career reserved positions, and set forth 
        justifications for such proposed actions.
    (c) The Office of Personnel Management, in consultation 
with the Office of Management and Budget, shall review the 
request of each agency and shall authorize, for each of the 2 
fiscal years covered by requests required under subsection (a) 
of this section, a specific number of Senior Executive Service 
positions for each agency.
    (d)(1) The Office of Personnel Management may, on a written 
request of an agency or on its own initiative, make an 
adjustment in the number of positions authorized for any 
agency. Each agency request under this paragraph shall be 
submitted in such form, and shall be based on such factors, as 
the Office shall prescribe.
    (2) The total number of positions in the Senior Executive 
Service may not at any time during any fiscal year exceed 105 
percent of the total number of positions authorized under 
subsection (c) of this section for such fiscal year.
    (e)(1) Not later than July 1, 1979, and from time to time 
thereafter as the Director of the Office of Personnel 
Management finds appropriate, the Director shall establish, by 
rule issued in accordance with section 1103(b) of this title, 
the number of positions out of the total number of positions in 
the Senior Executive Service, as authorized by this section or 
section 413 of the Civil Service Reform Act of 1978, which are 
to be career reserved positions. Except as provided in 
paragraph (2) of this subsection, the number of positions 
required by this subsection to be career reserved positions 
shall not be less than the number of the positions then in the 
Senior Executive Service which before the date of such Act, 
were authorized to be filled only through competitive civil 
service examination.
    (2) The Director may, by rule, designate a number of career 
reserved positions which is less than the number required by 
paragraph (1) of this subsection only if the Director 
determines such lesser number necessary in order to designate 
as general positions one or more positions (other than 
positions described in section 3132(b)(3) of this title) 
which--
            (A) involve policymaking responsibilities which 
        require the advocacy or management of programs of the 
        President and support of controversial aspects of such 
        programs;
            (B) involve significant participation in the major 
        political policies of the President; or
            (C) require the senior executives in the positions 
        to serve as personal assistants of, or advisers to, 
        Presidential appointees.
The Director shall provide a full explanation for his 
determination in each case.

Sec. 3134. Limitations on noncareer and limited appointments

    (a) During each calendar year, each agency shall--
            (1) examine its needs for employment of noncareer 
        appointees for the fiscal year beginning in the 
        following year; and
            (2) submit to the Office of Personnel Management, 
        in accordance with regulations prescribed by the 
        Office, a written request for authority to employ a 
        specific number of noncareer appointees for such fiscal 
        year.
    (b) The number of noncareer appointees in each agency shall 
be determined annually by the Office on the basis of 
demonstrated need of the agency. The total number of noncareer 
appointees in all agencies may not exceed 10 percent of the 
total number of Senior Executive Service positions in all 
agencies.
    (c) Subject to the 10 percent limitation of subsection (b) 
of this section, the Office may adjust the number of noncareer 
positions authorized for any agency under subsection (b) of 
this section if emergency needs arise that were not anticipated 
when the original authorizations were made.
    (d) The number of Senior Executive Service positions in any 
agency which are filled by noncareer appointees may not at any 
time exceed the greater of--
            (1) 25 percent of the total number of Senior 
        Executive Service positions in the agency; or
            (2) the number of positions in the agency which 
        were filled on the date of the enactment of the Civil 
        Service Reform Act of 1978 by--
                    (A) noncareer executive assignments under 
                subpart F of part 305 of title 5, Code of 
                Federal Regulations, as in effect on such date, 
                or
                    (B) appointments to level IV or V of the 
                Executive Schedule which were not required on 
                such date to be made by and with the advice and 
                consent of the Senate.
This subsection shall not apply in the case of any agency 
having fewer than 4 Senior Executive Service positions.
    (e) The total number of limited emergency appointees and 
limited term appointees in all agencies may not exceed 5 
percent of the total number of Senior Executive Service 
positions in all agencies.

[Sec. 3135. Repealed. Pub. L. 104-66, Sec. 2181(a)(1), Dec. 21, 1995, 
                    109 Stat. 732.]

Sec. 3136. Regulations

    The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this subchapter.


     SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG 
          ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

Sec. 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 the 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--
            (1) meet the requirements set forth in section 3131 
        for the Senior Executive Service;
            (2) provide that positions in the FBI-DEA Senior 
        Executive Service meet requirements that are consistent 
        with the provisions of section 3132(a)(2);
            (3) provide rates of pay for the FBI-DEA Senior 
        Executive Service that are not in excess of the maximum 
        rate or less than the minimum rate of basic pay 
        established for the Senior Executive Service under 
        section 5382 and that are adjusted at the same time and 
        to the same extent as rates of basic pay for the Senior 
        Executive Service are adjusted;
            (4) provide a performance appraisal system for the 
        FBI-DEA Senior Executive Service that conforms to the 
        provisions of subchapter II of chapter 43;
            (5) provide for--
                    (A) removal consistent with section 3592;
                    (B) reduction-in-force procedures 
                consistent with section 3595(a), together with 
                measures to ensure that a member of the FBI-DEA 
                Senior Executive Service may not be removed due 
                to a reduction in force unless reasonable 
                efforts to place such member in another such 
                position are first taken;
                    (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;
            (6) permit the payment of performance awards to 
        members of the FBI-DEA Senior Executive Service 
        consistent with the provisions applicable to 
        performance awards under section 5384; and
            (7) provide that members of the FBI-DEA Senior 
        Executive Service may be granted sabbatical leaves 
        consistent with the provisions of section 3396(c).
    (b)(1) Except as provided in subsection (a), the Attorney 
General may--
            (A) make applicable to the FBI-DEA Senior Executive 
        Service any of the provisions of this title applicable 
        to applicants for or members of the Senior Executive 
        Service; and
            (B) appoint, promote, and assign individuals to 
        positions established within the FBI-DEA Senior 
        Executive Service without regard to the provisions of 
        this title governing appointments and other personnel 
        actions in the competitive service.
    (2)(A) Notwithstanding any other provision of this section, 
an individual may not be selected for the FBI-DEA Senior 
Executive Service unless such individual is a career employee 
in the civil service.
    (B) For the purpose of subparagraph (A), ``career employee 
in the civil service'' shall have such meaning as the Attorney 
General, in consultation with the Director of the Office of 
Personnel Management, by regulation prescribes.
    (c) The President, based on the recommendations of the 
Attorney General, may award ranks to members of the FBI-DEA 
Senior Executive Service in a manner consistent with the 
provisions of section 4507.
    (d) Notwithstanding any other provision of this section, 
the Attorney General may detail or assign any member of the 
FBI-DEA Senior Executive Service to serve in a position outside 
the Federal Bureau of Investigation or the Drug Enforcement 
Administration (as the case may be) in which the member's 
expertise and experience may be of benefit to the Federal 
Bureau of Investigation or the Drug Enforcement Administration 
(as the case may be) or another Government agency. Any such 
member shall not by reason of such detail or assignment lose 
any entitlement or status associated with the membership in the 
FBI-DEA Senior Executive Service.
    (e) The Attorney General shall each year submit to 
Congress, at the time the budget is submitted by the President 
to the Congress for the next fiscal year, a report on the FBI-
DEA Senior Executive Service. The report shall include, in the 
aggregate and by agency--
            (1) the number of FBI-DEA Senior Executive Service 
        positions established as of the end of the preceding 
        fiscal year;
            (2) the number of individuals being paid at each 
        rate of basic pay for the FBI-DEA Senior Executive 
        Service as of the end of the preceding fiscal year;
            (3) the number, distribution, and amount of awards 
        paid to members of the FBI-DEA Senior Executive Service 
        during the preceding fiscal year; and
            (4) the number of individuals removed from the FBI-
        DEA Senior Executive Service during the preceding 
        fiscal year--
                    (A) for less than fully successful 
                performance;
                    (B) due to a reduction in force; or
                    (C) for any other reason.

Sec. 3152. Limitation on pay

    Members of the FBI-DEA Senior Executive Service shall be 
subject to the limitation under section 5307.


SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE 
                                 ORDER

Sec. 3161. Employment and compensation of employees

    (a) Definition of Temporary Organization.--For the purposes 
of this subchapter, the term ``temporary organization'' means a 
commission, committee, board, or other organization that--
            (1) is established by law or Executive order for a 
        specific period not in excess of three years for the 
        purpose of performing a specific study or other 
        project; and
            (2) is terminated upon the completion of the study 
        or project or upon the occurrence of a condition 
        related to the completion of the study or project.
    (b) Employment Authority.--(1) Notwithstanding the 
provisions of chapter 51 of this title, the head of a temporary 
organization may appoint persons to positions of employment in 
a temporary organization in such numbers and with such skills 
as are necessary for the performance of the functions required 
of a temporary organization.
    (2) The period of an appointment under paragraph (1) may 
not exceed three years, except that under regulations 
prescribed by the Office of Personnel Management the period of 
appointment may be extended for up to an additional two years.
    (3) The positions of employment in a temporary organization 
are in the excepted service of the civil service.
    (c) Detail Authority.--Upon the request of the head of a 
temporary organization, the head of any department or agency of 
the Government may detail, on a nonreimbursable basis, any 
personnel of the department or agency to that organization to 
assist in carrying out its duties.
    (d) Compensation.--(1) The rate of basic pay for an 
employee appointed under subsection (b) shall be established 
under regulations prescribed by the Office of Personnel 
Management without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of this title.
    (2) The rate of basic pay for the chairman, a member, an 
executive director, a staff director, or another executive 
level position of a temporary organization may not exceed the 
maximum rate of basic pay established for the Senior Executive 
Service under section 5382 of this title.
    (3) Except as provided in paragraph (4), the rate of basic 
pay for other positions in a temporary organization may not 
exceed the maximum rate of basic pay for grade GS-15 of the 
General Schedule under section 5332 of this title.
    (4) The rate of basic pay for a senior staff position of a 
temporary organization may, in a case determined by the head of 
the temporary organization as exceptional, exceed the maximum 
rate of basic pay authorized under paragraph (3), but may not 
exceed the maximum rate of basic pay authorized for an 
executive level position under paragraph (2).
    (5) In this subsection, the term ``basic pay'' includes 
locality pay provided for under section 5304 of this title.
    (e) Travel Expenses.--An employee of a temporary 
organization, whether employed on a full-time or part-time 
basis, may be allowed travel and transportation expenses, 
including per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter I of chapter 57 of 
this title, while traveling away from the employee's regular 
place of business in the performance of services for the 
temporary organization.
    (f ) Benefits.--An employee appointed under subsection (b) 
shall be afforded the same benefits and entitlements as are 
provided temporary employees under this title.
    (g) Return Rights.--An employee serving under a career or 
career conditional appointment or the equivalent in an agency 
who transfers to or converts to an appointment in a temporary 
organization with the consent of the head of the agency is 
entitled to be returned to the employee's former position or a 
position of like seniority, status, and pay without grade or 
pay retention in the agency if the employee--
            (1) is being separated from the temporary 
        organization for reasons other than misconduct, neglect 
        of duty, or malfeasance; and
            (2) applies for return not later than 30 days 
        before the earlier of--
                    (A) the date of the termination of the 
                employment in the temporary organization; or
                    (B) the date of the termination of the 
                temporary organization.
    (h) Temporary and Intermittent Services.--The head of a 
temporary organization may procure for the organization 
temporary and intermittent services under section 3109(b) of 
this title.
    (i) Acceptance of Volunteer Services.--(1) The head of a 
temporary organization may accept volunteer services 
appropriate to the duties of the organization without regard to 
section 1342 of title 31.
    (2) Donors of voluntary services accepted for a temporary 
organization under this subsection may include the following:
            (A) Advisors.
            (B) Experts.
            (C) Members of the commission, committee, board, or 
        other temporary organization, as the case may be.
            (D) A person performing services in any other 
        capacity determined appropriate by the head of the 
        temporary organization.
    (3) The head of the temporary organization--
            (A) shall ensure that each person performing 
        voluntary services accepted under this subsection is 
        notified of the scope of the voluntary services 
        accepted;
            (B) shall supervise the volunteer to the same 
        extent as employees receiving compensation for similar 
        services; and
            (C) shall ensure that the volunteer has appropriate 
        credentials or is otherwise qualified to perform in 
        each capacity for which the volunteer's services are 
        accepted.
    (4) A person providing volunteer services accepted under 
this subsection shall be considered an employee of the Federal 
Government in the performance of those services for the 
purposes of the following provisions of law:
            (A) Chapter 81 of this title, relating to 
        compensation for work-related injuries.
            (B) Chapter 171 of title 28, relating to tort 
        claims.
            (C) Chapter 11 of title 18, relating to conflicts 
        of interest.


           CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT

Sec.
3301.    Civil service; generally.
3302.    Competitive service; rules.
3303.    Competitive service; recommendations of Senators or 
          Representatives.
3304.    Competitive service; examinations.
3304a.   Competitive service; career appointment after 3 years' 
          temporary service.
3305.    Competitive service; examinations; when held.
[3306.   Repealed.]
3307.    Competitive service; maximum-age entrance requirements; 
          exceptions.
3308.    Competitive service; examinations; educational requirements 
          prohibited; exceptions.
3309.    Preference eligibles; examinations; additional points for.
3310.    Preference eligibles; examinations; guards, elevator operators, 
          messengers, and custodians.
3311.    Preference eligibles; examinations; crediting experience.
3312.    Preference eligibles; physical qualifications; waiver.
3313.    Competitive service; registers of eligibles.
3314.    Registers; preference eligibles who resigned.
3315.    Registers; preference eligibles furloughed or separated.
[3315a.  Repealed.]
3316.    Preference eligibles; reinstatement.
3317.    Competitive service; certification from registers.
3318.    Competitive service; selection from certificates.
[3319.   Repealed.]
3320.    Excepted service; government of the District of Columbia; 
          selection.
3321.    Competitive service; probationary period.
[3322.   Repealed.]
3323.    Automatic separations; reappointment; reemployment of 
          annuitants.
3324.    Appointments to positions classified above GS-15.
3325.    Appointments to scientific and professional positions.
3326.    Appointments of retired members of the armed forces to 
          positions in the Department of Defense.
3327.    Civil service employment information.
3328.    Selective Service registration.
3329.    Appointments of military reserve technicians to positions in 
          the competitive service.
3330.    Government-wide list of vacant positions.
3330a.   Preference eligibles; administrative redress.
3330b.   Preference eligibles; judicial redress.
3330c.   Preference eligibles; remedy.

                      SUBCHAPTER II--OATH OF OFFICE

3331.    Oath of office.
3332.    Officer affidavit; no consideration paid for appointment.
3333.    Employee affidavit; loyalty and striking against the 
          Government.

          SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS

3341.    Details; within Executive or military departments.
[3342.   Repealed.]
3343.    Details; to international organizations.
3344.    Details; administrative law judges.
3345.    Acting officer.
3346.    Time limitation.
3347.    Exclusivity.
3348.    Vacant office.
3349.    Reporting of vacancies.
3349a.   Presidential inaugural transitions.
3349b.   Holdover provisions relating to certain independent 
establishments.\1\
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    \1\ Catchline does not conform to section heading.
---------------------------------------------------------------------------
3349c.   Exclusion of certain officers.
3349d.   Notification of intent to nominate during certain recesses or 
          adjournments.

                        SUBCHAPTER IV--TRANSFERS

3351.    Preference eligibles; transfer; physical qualifications; 
          waiver.
3352.    Preference in transfers for employees making certain 
          disclosures.

                         SUBCHAPTER V--PROMOTION

3361.    Promotion; competitive service; examination.
3362.    Promotion; effect of incentive award.
3363.    Preference eligibles; promotion; physical qualifications; 
          waiver.
[3364.   Repealed.]

              SUBCHAPTER VI--ASSIGNMENTS TO AND FROM STATES

3371.    Definitions.
3372.    General provisions.
3373.    Assignments of employees to State or local governments.\1\
3374.    Assignments of employees from State or local governments.
3375.    Travel expenses.
3376.    Regulations.

                 SUBCHAPTER VII--AIR TRAFFIC CONTROLLERS

3381.    Training.
3382.    Involuntary separation for retirement.
3383.    Determinations; review procedures.
3384.    Regulations.
3385.    Effect on other authority.

SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN 
                      THE SENIOR EXECUTIVE SERVICE

3391.    Definitions.
3392.    General appointment provisions.
3393.    Career appointments.
3393a.   Recertification.
3394.    Noncareer and limited appointments.
3395.    Reassignment and transfer within the Senior Executive Service.
3396.    Development for and within the Senior Executive Service.
3397.    Regulations.

       SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT

Sec. 3301. Civil service; generally

    The President may--
            (1) prescribe such regulations for the admission of 
        individuals into the civil service in the executive 
        branch as will best promote the efficiency of that 
        service;
            (2) ascertain the fitness of applicants as to age, 
        health, character, knowledge, and ability for the 
        employment sought; and
            (3) appoint and prescribe the duties of individuals 
        to make inquiries for the purpose of this section.

Sec. 3302. Competitive service; rules

    The President may prescribe rules governing the competitive 
service. The rules shall provide, as nearly as conditions of 
good administration warrant, for--
            (1) necessary exceptions of positions from the 
        competitive service; and
            (2) necessary exceptions from the provisions of 
        sections 2951, 3304(a), 3321, 7202, and 7203 of this 
        title.
Each officer and individual employed in an agency to which the 
rules apply shall aid in carrying out the rules.

Sec. 3303. Competitive service; recommendations of Senators or 
                    Representatives

    An individual concerned in examining an applicant for or 
appointing him in the competitive service may not receive or 
consider a recommendation of the applicant by a Senator or 
Representative, except as to the character or residence of the 
applicant.

Sec. 3304. Competitive service; examinations

    (a) The President may prescribe rules which shall provide, 
as nearly as conditions of good administration warrant, for--
            (1) open, competitive examinations for testing 
        applicants for appointment in the competitive service 
        which are practical in character and as far as possible 
        relate to matters that fairly test the relative 
        capacity and fitness of the applicants for the 
        appointment sought; and
            (2) noncompetitive examinations when competent 
        applicants do not compete after notice has been given 
        of the existence of the vacancy.
    (b) An individual may be appointed in the competitive 
service only if he has passed an examination or is specifically 
excepted from examination under section 3302 of this title. 
This subsection does not take from the President any authority 
conferred by section 3301 of this title that is consistent with 
the provisions of this title governing the competitive service.
    (c)(1) For the purpose of this subsection, the term 
``technician'' has the meaning given such term by section 
8337(h)(1) of this title.
    (2) Notwithstanding a contrary provision of this title or 
of the rules and regulations prescribed under this title for 
the administration of the competitive service, an individual 
who served for at least 3 years as a technician acquires a 
competitive status for transfer to the competitive service if 
such individual--
            (A) is involuntarily separated from service as a 
        technician other than by removal for cause on changes 
        of misconduct or delinquency;
            (B) passes a suitable noncompetitive examination; 
        and
            (C) transfers to the competitive service within 1 
        year after separating from service as a technician.
    (d) The Office of Personnel Management shall promulgate 
regulations on the manner and extent that experience of an 
individual in a position other than the competitive service, 
such as the excepted service (as defined under section 2103) in 
the legislative or judicial branch, or in any private or 
nonprofit enterprise, may be considered in making appointments 
to a position in the competitive service (as defined under 
section 2102). In promulgating such regulations OPM shall not 
grant any preference based on the fact of service in the 
legislative or judicial branch. The regulations shall be 
consistent with the principles of equitable competition and 
merit based appointments.
    (e) Employees at any place outside the District of Columbia 
where the President or the Office of Personnel Management 
directs that examinations be held shall allow the reasonable 
use of public buildings for, and in all proper ways facilitate, 
holding the examinations.
    (f)(1) Preference eligibles or veterans who have been 
separated from the armed forces under honorable conditions 
after 3 years or more of active service may not be denied the 
opportunity to compete for vacant positions for which the 
agency making the announcement will accept applications from 
individuals outside its own workforce under merit promotion 
procedures.
    (2) If selected, a preference eligible or veteran described 
in paragraph (1) shall receive a career or career-conditional 
appointment, as appropriate.
    (3) This subsection shall not be construed to confer an 
entitlement to veterans' preference that is not otherwise 
required by law.
    (4) The area of consideration for all merit promotion 
announcements which include consideration of individuals of the 
Federal workforce shall indicate that preference eligibles and 
veterans who have been separated from the armed forces under 
honorable conditions after 3 years or more of active service 
are eligible to apply. The announcements shall be publicized in 
accordance with section 3327.
    (5) The Office of Personnel Management shall prescribe 
regulations necessary for the administration of this 
subsection. The regulations shall ensure that an individual who 
has completed an initial tour of active duty is not excluded 
from the application of this subsection because of having been 
released from such tour of duty shortly before completing 3 
years of active service, having been honorably released from 
such duty.

Sec. 3304a. Competitive service; career appointment after 3 years' 
                    temporary service

    (a) An individual serving in a position in the competitive 
service under an indefinite appointment or a temporary 
appointment pending establishment of a register (other than an 
individual serving under an overseas limited appointment, or in 
GS-16, GS-17, or GS-18) \1\ acquires competitive status and is 
entitled to have his appointment converted to a career 
appointment, without condition, when--
---------------------------------------------------------------------------
    \1\ Section 101(b)(9)(B) of Public Law 101-509 (104 Stat. 1441) 
provided for an amendment to this subsection which could not be 
executed.
---------------------------------------------------------------------------
            (1) he completes, without break in service of more 
        than 30 days, a total of at least 3 years of service in 
        such a position;
            (2) he passes a suitable noncompetitive 
        examination;
            (3) the appointing authority (A) recommends to the 
        Office of Personnel Management that the appointment of 
        the individual be converted to a career appointment and 
        (B) certifies to the Office that the work performance 
        of the individual for the past 12 months has been 
        satisfactory; and
            (4) he meets Office qualification requirements for 
        the position and is otherwise eligible for career 
        appointment.
    (b) The employing agency shall terminate the appointment of 
an individual serving in a position in the competitive service 
under an indefinite or temporary appointment described in 
subsection (a) of this section, not later than 90 days after he 
has completed the 3-year period referred to in subsection 
(a)(1) of this section, if, prior to the close of such 90-day 
period, such individual has not met the requirements and 
conditions of subparagraphs (2) to (4), inclusive, of 
subsection (a) of this section.
    (c) In computing years of service under subsection (a)(1) 
of this section for an individual who leaves a position in the 
competitive service to enter the armed forces and is reemployed 
in such a position within 120 days after separation under 
honorable conditions, the period from the date he leaves his 
position to the date he is reemployed is included.
    (d) The Office of Personnel Management may prescribe 
regulations necessary for the administration of this section.

Sec. 3305. Competitive service; examinations; when held

    (a) The Office of Personnel Management shall hold 
examinations for the competitive service at least twice a year 
in each State and territory or possession of the United States 
where there are individuals to be examined.
    (b) The Office shall hold an examination for a position to 
which an appointment has been made within the preceding 3 
years, on the application of an individual who qualifies as a 
preference eligible under section 2108(3)(C)-(G) of this title. 
The examination shall be held during the quarter following the 
application.

[Sec. 3306. Repealed. Pub. L. 95-228, Sec. 1, Feb. 10, 1978, 92 Stat. 
                    25.]

Sec. 3307. Competitive service; maximum-age entrance requirements; 
                    exceptions

    (a) Except as provided in subsections (b), (c), (d), (e), 
and (f) of this section appropriated funds may not be used to 
pay an employee who establishes a maximum-age requirement for 
entrance into the competitive service.
    (b) The Secretary may, with the concurrence of such agent 
as the President may designate, determine and fix the maximum 
limit of age within which an original appointment to a position 
as an air traffic controller may be made.
    (c) The Secretary of the Interior may determine and fix the 
minimum and maximum limits of age within which original 
appointments to the United States Park Police may be made.
    (d) The head of any agency may determine and fix the 
minimum and maximum limits of age within which an original 
appointment may be made to a position as a law enforcement 
officer or firefighter, as defined by section 8331(20) and 
(21), respectively, of this title.
    (e) The head of an agency may determine and fix the maximum 
age limit for an original appointment to a position as a 
firefighter or law enforcement officer, as defined by section 
8401 (14) or (17), respectively, of this title.
    (f ) The Secretary of Energy may determine and fix the 
maximum age limit for an original appointment to a position as 
a nuclear materials courier, as defined by section 8331(27) or 
8401(33).

Sec. 3308. Competitive service; examinations; educational requirements 
                    prohibited; exceptions

    The Office of Personnel Management or other examining 
agency may not prescribe a minimum educational requirement for 
an examination for the competitive service except when the 
Office decides that the duties of a scientific, technical, or 
professional position cannot be performed by an individual who 
does not have a prescribed minimum education. The Office shall 
make the reasons for its decision under this section a part of 
its public records.

Sec. 3309. Preference eligibles; examinations; additional points for

    A preference eligible who receives a passing grade in an 
examination for entrance into the competitive service is 
entitled to additional points above his earned rating, as 
follows--
            (1) a preference eligible under section 2108(3)(C)-
        (G) of this title--10 points; and
            (2) a preference eligible under section 2108(3)(A)-
        (B) of this title--5 points.

Sec. 3310. Preference eligibles; examinations; guards, elevator 
                    operators, messengers, and custodians

    In examinations for positions of guards, elevator 
operators, messengers, and custodians in the competitive 
service, competition is restricted to preference eligibles as 
long as preference eligibles are available.

Sec. 3311. Preference eligibles; examinations; crediting experience

    In examinations for the competitive service in which 
experience is an element of qualification, a preference 
eligible is entitled to credit--
            (1) for service in the armed forces when his 
        employment in a similar vocation to that for which 
        examined was interrupted by the service; and
            (2) for all experience material to the position for 
        which examined, including experience gained in 
        religious, civic, welfare, service, and organizational 
        activities, regardless of whether he received pay 
        therefor.

Sec. 3312. Preference eligibles; physical qualifications; waiver

    (a) In determining qualifications of a preference eligible 
for examination for, appointment in, or reinstatement in the 
competitive service, the Office of Personnel Management or 
other examining agency shall waive--
            (1) requirements as to age, height, and weight, 
        unless the requirement is essential to the performance 
        of the duties of the position; and
            (2) physical requirements if, in the opinion of the 
        Office or other examining agency, after considering the 
        recommendation of an accredited physician, the 
        preference eligible is physically able to perform 
        efficiently the duties of the position.
    (b) If an examining agency determines that, on the basis of 
evidence before it, a preference eligible under section 
2108(3)(C) of this title who has a compensable service-
connected disability of 30 percent or more is not able to 
fulfill the physical requirements of the position, the 
examining agency shall notify the Office of the determination 
and, at the same time, the examining agency shall notify the 
preference eligible of the reasons for the determination and of 
the right to respond, within 15 days of the date of the 
notification, to the Office. The Office shall require a 
demonstration by the appointing authority that the notification 
was timely sent to the preference eligible's last known address 
and shall, before the selection of any other person for the 
position, make a final determination on the physical ability of 
the preference eligible to perform the duties of the position, 
taking into account any additional information provided in any 
such response. When the Office has completed its review of the 
proposed disqualification on the basis of physical disability, 
it shall send its findings to the appointing authority and the 
preference eligible. The appointing authority shall comply with 
the findings of the Office. The functions of the Office under 
this subsection may not be delegated.

Sec. 3313. Competitive service; registers of eligibles

    The names of applicants who have qualified in examinations 
for the competitive service shall be entered on appropriate 
registers or lists of eligibles in the following order--
            (1) for scientific and professional positions in 
        GS-9 or higher, in the order of their ratings, 
        including points added under section 3309 of this 
        title; and
            (2) for all other positions--
                    (A) disabled veterans who have a 
                compensable service-connected disability of 10 
                percent or more, in order of their ratings, 
                including points added under section 3309 of 
                this title; and
                    (B) remaining applicants, in the order of 
                their ratings, including points added under 
                section 3309 of this title.
The names of preference eligibles shall be entered ahead of 
others having the same rating.

Sec. 3314. Registers; preference eligibles who resigned

    A preference eligible who resigns, on request to the Office 
of Personnel Management, is entitled to have his name placed 
again on all registers for which he may have been qualified, in 
the order named by section 3313 of this title.

Sec. 3315. Registers; preference eligibles furloughed or separated

    (a) A preference eligible who has been separated or 
furloughed without delinquency or misconduct, on request, is 
entitled to have his name placed on appropriate registers and 
employment lists for every position for which his 
qualifications have been established, in the order named by 
section 3313 of this title. This subsection applies to 
registers and employment lists maintained by the Office of 
Personnel Management, an executive agency, or the government of 
the District of Columbia.
    (b) The Office may declare a preference eligible who has 
been separated or furloughed without pay under section 7512 of 
this title to be entitled to the benefits of subsection (a) of 
this section.

[Sec. 3315a. Repealed. Pub. L. 93-416, Sec. 22(c), Sept. 7, 1974, 88 
                    Stat. 1150.]

Sec. 3316. Preference eligibles; reinstatement

    On request of an appointing authority, a preference 
eligible who has resigned or who has been dismissed or 
furloughed may be certified for, and appointed to, a position 
for which he is eligible in the competitive service, an 
Executive agency, or the government of the District of 
Columbia.

Sec. 3317. Competitive service; certification from registers

    (a) The Office of Personnel Management shall certify enough 
names from the top of the appropriate register to permit a 
nominating or appointing authority who has requested a 
certificate of eligibles to consider at least three names for 
appointment to each vacancy in the competitive service.
    (b) When an appointing authority, for reasons considered 
sufficient by the Office, has three times considered and passed 
over a preference eligible who was certified from a register, 
certification of the preference eligible for appointment may be 
discontinued. However, the preference eligible is entitled to 
advance notice of discontinuance of certification.

Sec. 3318. Competitive service; selection from certificates

    (a) The nominating or appointing authority shall select for 
appointment to each vacancy from the highest three eligibles 
available for appointment on the certificate furnished under 
section 3317(a) of this title, unless objection to one or more 
of the individuals certified is made to, and sustained by, the 
Office of Personnel Management for proper and adequate reason 
under regulations prescribed by the Office.
    (b)(1) If an appointing authority proposes to pass over a 
preference eligible on a certificate in order to select an 
individual who is not a preference eligible, such authority 
shall file written reasons with the Office for passing over the 
preference eligible. The Office shall make the reasons 
presented by the appointing authority part of the record of the 
preference eligible and may require the submission of more 
detailed information from the appointing authority in support 
of the passing over of the preference eligible. The Office 
shall determine the sufficiency or insufficiency of the reasons 
submitted by the appointing authority, taking into account any 
response received from the preference eligible under paragraph 
(2) of this subsection. When the Office has completed its 
review of the proposed passover, it shall send its findings to 
the appointing authority and to the preference eligible. The 
appointing authority shall comply with the findings of the 
Office.
    (2) In the case of a preference eligible described in 
section 2108(3)(C) of this title who has a compensable service-
connected disability of 30 percent or more, the appointing 
authority shall at the same time it notifies the Office under 
paragraph (1) of this subsection, notify the preference 
eligible of the proposed passover, of the reasons therefor, and 
of his right to respond to such reasons to the Office within 15 
days of the date of such notification. The Office shall, before 
completing its review under paragraph (1) of this subsection, 
require a demonstration by the appointing authority that the 
passover notification was timely sent to the preference 
eligible's last known address.
    (3) A preference eligible not described in paragraph (2) of 
this subsection, or his representative, shall be entitled, on 
request, to a copy of--
            (A) the reasons submitted by the appointing 
        authority in support of the proposed passover, and
            (B) the findings of the Office.
    (4) In the case of a preference eligible described in 
paragraph (2) of this subsection, the functions of the Office 
under this subsection may not be delegated.
    (c) When three or more names of preference eligibles are on 
a reemployment list appropriate for the position to be filled, 
a nominating or appointing authority may appoint from a 
register of eligibles established after examination only an 
individual who qualifies as a preference eligible under section 
2108(3)(C)-(G) of this title.

[Sec. 3319. Repealed. Pub. L. 95-454, title III, Sec. 307(h)(1), Oct. 
                    13, 1978, 92 Stat. 1149.]

Sec. 3320. Excepted service; government of the District of Columbia; 
                    selection

    The nominating or appointing authority shall select for 
appointment to each vacancy in the excepted service in the 
executive branch and in the government of the District of 
Columbia from the qualified applicants in the same manner and 
under the same conditions required for the competitive service 
by sections 3308-3318 of this title. This section does not 
apply to an appointment required by Congress to be confirmed 
by, or made with the advice and consent of, the Senate.

Sec. 3321. Competitive service; probationary period

    (a) The President may take such action, including the 
issuance of rules, regulations, and directives, as shall 
provide as nearly as conditions of good administration warrant 
for a period of probation--
            (1) before an appointment in the competitive 
        service becomes final; and
            (2) before initial appointment as a supervisor or 
        manager becomes final.
    (b) An individual--
            (1) who has been transferred, assigned, or promoted 
        from a position to a supervisory or managerial 
        position, and
            (2) who does not satisfactorily complete the 
        probationary period under subsection (a)(2) of this 
        section,
shall be returned to a position of no lower grade and pay than 
the position from which the individual was transferred, 
assigned, or promoted. Nothing in this section prohibits an 
agency from taking an action against an individual serving a 
probationary period under subsection (a)(2) of this section for 
cause unrelated to supervisory or managerial performance.
    (c) Subsections (a) and (b) of this section shall not apply 
with respect to appointments in the Senior Executive Service or 
the Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service.

[Sec. 3322. Repealed. Pub. L. 95-256, Sec. 5(b)(1), Apr. 6, 1978, 92 
                    Stat. 191.]

Sec. 3323. Automatic separations; reappointment; reemployment of 
                    annuitants

    (a) An individual who reaches the retirement age prescribed 
for automatic separation applicable to him may not be continued 
in the civil service or in the government of the District of 
Columbia. An individual separated on account of age under a 
statute or regulation providing for retirement on account of 
age is not eligible for appointment in the civil service or in 
the government of the District of Columbia. The President, when 
in his judgment the public interest so requires, may except an 
individual from this subsection by Executive order. This 
subsection does not apply to an individual named by a statute 
providing for the continuance of the individual in the civil 
service or in the government of the District of Columbia.
    (b)(1) Notwithstanding other statutes, an annuitant, as 
defined by section 8331 or 8401, receiving annuity from the 
Civil Service Retirement and Disability Fund is not barred by 
reason of his retired status from employment in an appointive 
position for which the annuitant is qualified. An annuitant so 
reemployed, other than an annuitant reappointed under paragraph 
(2) of this subsection, serves at the will of the appointing 
authority.
    (2) Subject to such regulations as the Director of the 
Office of Personnel Management may prescribe, any annuitant to 
whom the first sentence of paragraph (1) of this subsection 
applies and who has served as an administrative law judge 
pursuant to an appointment under section 3105 of this title may 
be reappointed an administrative law judge under such section 
for a specified period or for such period as may be necessary 
for such administrative law judge to conduct and complete the 
hearing and disposition of one or more specified cases. The 
provisions of this title that apply to or with respect to 
administrative law judges appointed under section 3105 of this 
title shall apply to or with respect to administrative law 
judges reappointed under such section pursuant to the first 
sentence of this paragraph.
    (c) Notwithstanding subsection (a) of this section, a 
member of the Foreign Service retired under section 812 of the 
Foreign Service Act of 1980 is not barred by reason of his 
retired status from employment in a position in the civil 
service for which he is qualified. An annuitant so reemployed 
serves at the will of the appointing authority.
    (d) Notwithstanding subsection (a) of this section, the 
Chief of Engineers of the Army, under section 569a of title 33, 
may employ a retired employee whose expert assistance is needed 
in connection with river and harbor or flood control works. 
There shall be deducted from the pay of an employee so 
reemployed an amount equal to the annuity or retired pay 
allocable to the period of actual employment.

Sec. 3324. Appointments to positions classified above GS-15

    (a) An appointment to a position classified above GS-15 
pursuant to section 5108 may be made only on approval of the 
qualifications of the proposed appointee by the Office of 
Personnel Management. This section does not apply to a 
position--
            (1) to which appointment is made by the Chief Judge 
        of the United States Tax Court;
            (2) to which appointment is made by the President;
            (3) to which appointment is made by the Librarian 
        of Congress; or
            (4) the incumbent of which is paid from--
                    (A) appropriations for the Executive Office 
                of the President under the heading ``The White 
                House Office'', ``Special Projects'', ``Council 
                of Economic Advisers'', or ``National Security 
                Council''; or
                    (B) funds appropriated to the President 
                under the heading ``Emergency Fund for the 
                President'' by the Treasury, Post Office, and 
                Executive Office Appropriation Act, 1966, or a 
                later statute making appropriations for the 
                same purpose.
    (b) The Office may prescribe regulations necessary for the 
administration of this section.

Sec. 3325. Appointments to scientific and professional positions

    (a) Positions established under section 3104 of this title 
are in the competitive service. However, appointments to the 
positions are made without competitive examination on approval 
of the qualifications of the proposed appointee by the Office 
of Personnel Management or its designee for this purpose.
    (b) This section does not apply to positions established 
under section 3104(c).

Sec. 3326. Appointments of retired members of the armed forces to 
                    positions in the Department of Defense

    (a) For the purpose of this section, ``member'' and 
``Secretary concerned'' have the meanings given them by section 
101 of title 37.
    (b) A retired member of the armed forces may be appointed 
to a position in the civil service in or under the Department 
of Defense (including a nonappropriated fund instrumentality 
under the jurisdiction of the armed forces) during the period 
of 180 days immediately after his retirement only if--
            (1) the proposed appointment is authorized by the 
        Secretary concerned or his designee for the purpose, 
        and, if the position is in the competitive service, 
        after approval by the Office of Personnel Management;
            (2) the minimum rate of basic pay for the position 
        has been increased under section 5305 of this title; or
            (3) a state of national emergency exists.
    (c) A request by appropriate authority for the 
authorization, or the authorization and approval, as the case 
may be, required by subsection (b)(1) of this section shall be 
accompanied by a statement which shows the actions taken to 
assure that--
            (1) full consideration, in accordance with 
        placement and promotion procedures of the department 
        concerned, was given to eligible career employees;
            (2) when selection is by other than certification 
        from an established civil service register, the vacancy 
        has been publicized to give interested candidates an 
        opportunity to apply;
            (3) qualification requirements for the position 
        have not been written in a manner designed to give 
        advantage to the retired member; and
            (4) the position has not been held open pending the 
        retirement of the retired member.

Sec. 3327. Civil service employment information

    (a) The Office of Personnel Management shall provide that 
information concerning opportunities to participate in 
competitive examinations conducted by, or under authority 
delegated by, the Office of Personnel Management shall be made 
available to the employment offices of the United States 
Employment Service.
    (b) Subject to such regulations as the Office may issue, 
each agency shall promptly notify the Office and the employment 
offices of the United States Employment Service of--
            (1) each vacant position in the agency which is in 
        the competitive service or the Senior Executive Service 
        and for which the agency seeks applications from 
        persons outside the Federal service, and
            (2) the period during which applications will be 
        accepted.
As used in this subsection, ``agency'' means an agency as 
defined in section 5102(a)(1) of this title other than an 
agency all the positions in which are excepted by statute from 
the competitive service.

Sec. 3328. Selective Service registration

    (a) An individual--
            (1) who was born after December 31, 1959, and is or 
        was required to register under section 3 of the 
        Military Selective Service Act (50 U.S.C. App. 453); 
        and
            (2) who is not so registered or knowingly and 
        willfully did not so register before the requirement 
        terminated or became inapplicable to the individual,
shall be ineligible for appointment to a position in an 
executive agency.
    (b) The Office of Personnel Management, in consultation 
with the Director of the Selective Service System, shall 
prescribe regulations to carry out this section. Such 
regulations shall include provisions prescribing procedures for 
the adjudication of determinations of whether a failure to 
register was knowing and willful. Such procedures shall require 
that such a determination may not be made if the individual 
concerned shows by a preponderance of the evidence that the 
failure to register was neither knowing nor willful. Such 
procedures may provide that determinations of eligibility under 
the requirements of this section shall be adjudicated by the 
Executive agency making the appointment for which the 
eligibility is determined.

Sec. 3329. Appointments of military reserve technicians to positions in 
                    the competitive service

    (a) For the purpose of this section, the term ``military 
reserve technician'' has the meaning given the term ``military 
technician (dual status)'' by section 8401(30).
    (b) The Secretary of Defense shall take such steps as may 
be necessary to ensure that, except as provided in subsection 
(d), any military reserve technician who is involuntarily 
separated from technician service, after completing at least 15 
years of such service and 20 years of service creditable under 
section 12732 of title 10, by reason of ceasing to satisfy the 
condition described in section 8401(30)(B) shall, if 
appropriate written application is submitted within 1 year 
after the date of separation, be provided placement 
consideration in a position described in subsection (c) through 
a priority placement program of the Department of Defense.
    (c)(1) The position for which placement consideration shall 
be provided to a former military technician under subsection 
(b) shall be a position--
            (A) in either the competitive service or the 
        excepted service;
            (B) within the Department of Defense; and
            (C) in which the person is qualified to serve, 
        taking into consideration whether the employee in that 
        position is required to be a member of a reserve 
        component of the armed forces as a condition of 
        employment.
    (2) To the maximum extent practicable, the position shall 
also be in a pay grade or other pay classification sufficient 
to ensure that the rate of basic pay of the former military 
technician, upon appointment to the position, is not less than 
the rate of basic pay last received by the former military 
technician for technician service before separation.
    (d) This section shall not apply in the case of--
            (1) an involuntary separation for cause on charges 
        of misconduct or delinquency; or
            (2) a technician who, as of the date of application 
        under this section, is eligible for immediate 
        (including for disability) or early retirement under 
        subchapter III of chapter 83 or under chapter 84.
    (e) The Secretary of Defense shall, in consultation with 
the Director of the Office of Personnel Management, prescribe 
such regulations as may be necessary to carry out this section.

Sec. 3330. Government-wide list of vacant positions

    (a) For the purpose of this section, the term ``agency'' 
means an Executive agency, excluding the General Accounting 
Office and any agency (or unit thereof) whose principal 
function is the conduct of foreign intelligence or 
counterintelligence activities, as determined by the President.
    (b) The Office of Personnel Management shall establish and 
keep current a comprehensive list of all announcements of 
vacant positions in the competitive service within each agency 
that are to be filled by appointment for more than one year and 
for which applications are being (or will soon be) accepted 
from outside the agency's work force.
    (c) Included for any position listed shall be--
            (1) a brief description of the position, including 
        its title, tenure, location, and rate of pay;
            (2) application procedures, including the period 
        within which applications may be submitted and 
        procedures for obtaining additional information; and
            (3) any other information which the Office 
        considers appropriate.
    (d) The list shall be available to members of the public.
    (e) The Office shall prescribe such regulations as may be 
necessary to carry out this section. Any requirement under this 
section that agencies notify the Office as to the availability 
of any vacant positions shall be designed so as to avoid any 
duplication of information otherwise required to be furnished 
under section 3327 of this title or any other provision of law.
    (f) The Office may, to the extent it determines 
appropriate, charge such fees to agencies for services provided 
under this section and for related Federal employment 
information. The Office shall retain such fees to pay the costs 
of providing such services and information.

Sec. 3330a. Preference eligibles; administrative redress

    (a)(1) A preference eligible who alleges that an agency has 
violated such individual's rights under any statute or 
regulation relating to veterans' preference may file a 
complaint with the Secretary of Labor.
    (2)(A) A complaint under this subsection must be filed 
within 60 days after the date of the alleged violation.
    (B) Such complaint shall be in writing, be in such form as 
the Secretary may prescribe, specify the agency against which 
the complaint is filed, and contain a summary of the 
allegations that form the basis for the complaint.
    (3) The Secretary shall, upon request, provide technical 
assistance to a potential complainant with respect to a 
complaint under this subsection.
    (b)(1) The Secretary of Labor shall investigate each 
complaint under subsection (a).
    (2) In carrying out any investigation under this 
subsection, the Secretary's duly authorized representatives 
shall, at all reasonable times, have reasonable access to, for 
purposes of examination, and the right to copy and receive, any 
documents of any person or agency that the Secretary considers 
relevant to the investigation.
    (3) In carrying out any investigation under this 
subsection, the Secretary may require by subpoena the 
attendance and testimony of witnesses and the production of 
documents relating to any matter under investigation. In case 
of disobedience of the subpoena or contumacy and on request of 
the Secretary, the Attorney General may apply to any district 
court of the United States in whose jurisdiction such 
disobedience or contumacy occurs for an order enforcing the 
subpoena.
    (4) Upon application, the district courts of the United 
States shall have jurisdiction to issue writs commanding any 
person or agency to comply with the subpoena of the Secretary 
or to comply with any order of the Secretary made pursuant to a 
lawful investigation under this subsection and the district 
courts shall have jurisdiction to punish failure to obey a 
subpoena or other lawful order of the Secretary as a contempt 
of court.
    (c)(1)(A) If the Secretary of Labor determines as a result 
of an investigation under subsection (b) that the action 
alleged in a complaint under subsection (a) occurred, the 
Secretary shall attempt to resolve the complaint by making 
reasonable efforts to ensure that the agency specified in the 
complaint complies with applicable provisions of statute or 
regulation relating to veterans' preference.
    (B) The Secretary of Labor shall make determinations 
referred to in subparagraph (A) based on a preponderance of the 
evidence.
    (2) If the efforts of the Secretary under subsection (b) 
with respect to a complaint under subsection (a) do not result 
in the resolution of the complaint, the Secretary shall notify 
the person who submitted the complaint, in writing, of the 
results of the Secretary's investigation under subsection (b).
    (d)(1) If the Secretary of Labor is unable to resolve a 
complaint under subsection (a) within 60 days after the date on 
which it is filed, the complainant may elect to appeal the 
alleged violation to the Merit Systems Protection Board in 
accordance with such procedures as the Merit Systems Protection 
Board shall prescribe, except that in no event may any such 
appeal be brought--
            (A) before the 61st day after the date on which the 
        complaint is filed; or
            (B) later than 15 days after the date on which the 
        complainant receives written notification from the 
        Secretary under subsection (c)(2).
    (2) An appeal under this subsection may not be brought 
unless--
            (A) the complainant first provides written 
        notification to the Secretary of such complainant's 
        intention to bring such appeal; and
            (B) appropriate evidence of compliance with 
        subparagraph (A) is included (in such form and manner 
        as the Merit Systems Protection Board may prescribe) 
        with the notice of appeal under this subsection.
    (3) Upon receiving notification under paragraph (2)(A), the 
Secretary shall not continue to investigate or further attempt 
to resolve the complaint to which the notification relates.
    (e)(1) This section shall not be construed to prohibit a 
preference eligible from appealing directly to the Merit 
Systems Protection Board from any action which is appealable to 
the Board under any other law, rule, or regulation, in lieu of 
administrative redress under this section.
    (2) A preference eligible may not pursue redress for an 
alleged violation described in subsection (a) under this 
section at the same time the preference eligible pursues 
redress for such violation under any other law, rule, or 
regulation.

Sec. 3330b. Preference eligibles; judicial redress

    (a) In lieu of continuing the administrative redress 
procedure provided under section 3330a(d), a preference 
eligible may elect, in accordance with this section, to 
terminate those administrative proceedings and file an action 
with the appropriate United States district court not later 
than 60 days after the date of the election.
    (b) An election under this section may not be made--
            (1) before the 121st day after the date on which 
        the appeal is filed with the Merit Systems Protection 
        Board under section 3330a(d); or
            (2) after the Merit Systems Protection Board has 
        issued a judicially reviewable decision on the merits 
        of the appeal.
    (c) An election under this section shall be made, in 
writing, in such form and manner as the Merit Systems 
Protection Board shall by regulation prescribe. The election 
shall be effective as of the date on which it is received, and 
the administrative proceeding to which it relates shall 
terminate immediately upon the receipt of such election.

Sec. 3330c. Preference eligibles; remedy

    (a) If the Merit Systems Protection Board (in a proceeding 
under section 3330a) or a court (in a proceeding under section 
3330b) determines that an agency has violated a right described 
in section 3330a, the Board or court (as the case may be) shall 
order the agency to comply with such provisions and award 
compensation for any loss of wages or benefits suffered by the 
individual by reason of the violation involved. If the Board or 
court determines that such violation was willful, it shall 
award an amount equal to backpay as liquidated damages.
    (b) A preference eligible who prevails in an action under 
section 3330a or 3330b shall be awarded reasonable attorney 
fees, expert witness fees, and other litigation expenses.


                     SUBCHAPTER II--OATH OF OFFICE

Sec. 3331. Oath of office

    An individual, except the President, elected or appointed 
to an office of honor or profit in the civil service or 
uniformed services, shall take the following oath: ``I, AB, do 
solemnly swear (or affirm) that I will support and defend the 
Constitution of the United States against all enemies, foreign 
and domestic; that I will bear true faith and allegiance to the 
same; that I take this obligation freely, without any mental 
reservation or purpose of evasion; and that I will well and 
faithfully discharge the duties of the office on which I am 
about to enter. So help me God.'' This section does not affect 
other oaths required by law.

Sec. 3332. Officer affidavit; no consideration paid for appointment

    An officer, within 30 days after the effective date of his 
appointment, shall file with the oath of office required by 
section 3331 of this title an affidavit that neither he nor 
anyone acting in his behalf has given, transferred, promised, 
or paid any consideration for or in the expectation or hope of 
receiving assistance in securing the appointment.

Sec. 3333. Employee affidavit; loyalty and striking against the 
                    Government

    (a) Except as provided by subsection (b) of this section, 
an individual who accepts office or employment in the 
Government of the United States or in the government of the 
District of Columbia shall execute an affidavit within 60 days 
after accepting the office or employment that his acceptance 
and holding of the office or employment does not or will not 
violate section 7311 of this title. The affidavit is prima 
facie evidence that the acceptance and holding of office or 
employment by the affiant does not or will not violate section 
7311 of this title.
    (b) An affidavit is not required from an individual 
employed by the Government of the United States or the 
government of the District of Columbia for less than 60 days 
for sudden emergency work involving the loss of human life or 
the destruction of property. This subsection does not relieve 
an individual from liability for violation of section 7311 of 
this title.


          SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS

Sec. 3341. Details; within Executive or military departments

    (a) The head of an Executive department or military 
department may detail employees among the bureaus and offices 
of his department, except employees who are required by law to 
be exclusively engaged on some specific work.
    (b)(1) Details under subsection (a) of this section may be 
made only by written order of the head of the department, and 
may be for not more than 120 days. These details may be renewed 
by written order of the head of the department, in each 
particular case, for periods not exceeding 120 days.
    (2) The 120-day limitation in paragraph (1) for details and 
renewals of details does not apply to the Department of Defense 
in the case of a detail--
            (A) made in connection with the closure or 
        realignment of a military installation pursuant to a 
        base closure law or an organizational restructuring of 
        the Department as part of a reduction in the size of 
        the armed forces or the civilian workforce of the 
        Department; and
            (B) in which the position to which the employee is 
        detailed is eliminated on or before the date of the 
        closure, realignment, or restructuring.
    (c) For purposes of this section--
            (1) the term ``base closure law'' means--
                    (A) section 2687 of title 10;
                    (B) title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act 
                (10 U.S.C. 2687 note); and
                    (C) the Defense Base Closure and 
                Realignment Act of 1990 (10 U.S.C. 2687 note); 
                and
            (2) the term ``military installation''--
                    (A) in the case of an installation covered 
                by section 2687 of title 10, has the meaning 
                given such term in subsection (e)(1) of such 
                section;
                    (B) in the case of an installation covered 
                by the Act referred to in subparagraph (B) of 
                paragraph (1), has the meaning given such term 
                in section 209(6) of such Act; and
                    (C) in the case of an installation covered 
                by the Act referred to in subparagraph (C) of 
                that paragraph, has the meaning given such term 
                in section 2910(4) of such Act.

[Sec. 3342. Repealed. Pub. L. 102-378, Sec. 2(13)(A), Oct. 2, 1992, 106 
                    Stat. 1347]

Sec. 3343. Details; to international organizations

    (a) For the purpose of this section--
            (1) ``agency'', ``employee'', and ``international 
        organization'' have the meanings given them by section 
        3581 of this title; and
            (2) ``detail'' means the assignment or loan of an 
        employee to an international organization without a 
        change of position from the agency by which he is 
        employed to an international organization.
    (b) The head of an agency may detail, for a period of not 
more than 5 years, an employee of his agency to an 
international organization which requests services, except that 
under special circumstances, where the President determines it 
to be in the national interest, he may extend the 5-year period 
for up to an additional 3 years.
    (c) An employee detailed under subsection (b) of this 
section is deemed, for the purpose of preserving his 
allowances, privileges, rights, seniority, and other benefits, 
an employee of the agency from which detailed, and he is 
entitled to pay, allowances, and benefits from funds available 
to that agency. The authorization and payment of these 
allowances and other benefits from appropriations available 
therefor is deemed to comply with section 5536 of this title.
    (d) Details may be made under subsection (b) of this 
section--
            (1) without reimbursement to the United States by 
        the international organization; or
            (2) with agreement by the international 
        organization to reimburse the United States for all or 
        part of the pay, travel expenses, and allowances 
        payable during the detail, and the reimbursement shall 
        be credited to the appropriation, fund, or account used 
        for paying the amounts reimbursed.
    (e) An employee detailed under subsection (b) of this 
section may be paid or reimbursed by an international 
organization for allowances or expenses incurred in the 
performance of duties required by the detail, without regard to 
section 209 of title 18.

Sec. 3344. Details; administrative law judges

    An agency as defined by section 551 of this title which 
occasionally or temporarily is insufficiently staffed with 
administrative law judges appointed under section 3105 of this 
title may use administrative law judges selected by the Office 
of Personnel Management from and with the consent of other 
agencies.

Sec. 3345. Acting officer

    (a) If an officer of an Executive agency (including the 
Executive Office of the President, and other than the General 
Accounting Office) whose appointment to office is required to 
be made by the President, by and with the advice and consent of 
the Senate, dies, resigns, or is otherwise unable to perform 
the functions and duties of the office--
            (1) the first assistant to the office of such 
        officer shall perform the functions and duties of the 
        office temporarily in an acting capacity subject to the 
        time limitations of section 3346;
            (2) notwithstanding paragraph (1), the President 
        (and only the President) may direct a person who serves 
        in an office for which appointment is required to be 
        made by the President, by and with the advice and 
        consent of the Senate, to perform the functions and 
        duties of the vacant office temporarily in an acting 
        capacity subject to the time limitations of section 
        3346; or
            (3) notwithstanding paragraph (1), the President 
        (and only the President) may direct an officer or 
        employee of such Executive agency to perform the 
        functions and duties of the vacant office temporarily 
        in an acting capacity, subject to the time limitations 
        of section 3346, if--
                    (A) during the 365-day period preceding the 
                date of death, resignation, or beginning of 
                inability to serve of the applicable officer, 
                the officer or employee served in a position in 
                such agency for not less than 90 days; and
                    (B) the rate of pay for the position 
                described under subparagraph (A) is equal to or 
                greater than the minimum rate of pay payable 
                for a position at GS-15 of the General 
                Schedule.
    (b)(1) Notwithstanding subsection (a)(1), a person may not 
serve as an acting officer for an office under this section, 
if--
            (A) during the 365-day period preceding the date of 
        the death, resignation, or beginning of inability to 
        serve, such person--
                    (i) did not serve in the position of first 
                assistant to the office of such officer; or
                    (ii) served in the position of first 
                assistant to the office of such officer for 
                less than 90 days; and
            (B) the President submits a nomination of such 
        person to the Senate for appointment to such office.
    (2) Paragraph (1) shall not apply to any person if--
            (A) such person is serving as the first assistant 
        to the office of an officer described under subsection 
        (a);
            (B) the office of such first assistant is an office 
        for which appointment is required to be made by the 
        President, by and with the advice and consent of the 
        Senate; and
            (C) the Senate has approved the appointment of such 
        person to such office.
    (c)(1) Notwithstanding subsection (a)(1), the President 
(and only the President) may direct an officer who is nominated 
by the President for reappointment for an additional term to 
the same office in an Executive department without a break in 
service, to continue to serve in that office subject to the 
time limitations in section 3346, until such time as the Senate 
has acted to confirm or reject the nomination, notwithstanding 
adjournment sine die.
    (2) For purposes of this section and sections 3346, 3347, 
3348, 3349, 3349a, and 3349d, the expiration of a term of 
office is an inability to perform the functions and duties of 
such office.

Sec. 3346. Time limitation

    (a) Except in the case of a vacancy caused by sickness, the 
person serving as an acting officer as described under section 
3345 may serve in the office--
            (1) for no longer than 210 days beginning on the 
        date the vacancy occurs; or
            (2) subject to subsection (b), once a first or 
        second nomination for the office is submitted to the 
        Senate, from the date of such nomination for the period 
        that the nomination is pending in the Senate.
    (b)(1) If the first nomination for the office is rejected 
by the Senate, withdrawn, or returned to the President by the 
Senate, the person may continue to serve as the acting officer 
for no more than 210 days after the date of such rejection, 
withdrawal, or return.
    (2) Notwithstanding paragraph (1), if a second nomination 
for the office is submitted to the Senate after the rejection, 
withdrawal, or return of the first nomination, the person 
serving as the acting officer may continue to serve--
            (A) until the second nomination is confirmed; or
            (B) for no more than 210 days after the second 
        nomination is rejected, withdrawn, or returned.
    (c) If a vacancy occurs during an adjournment of the 
Congress sine die, the 210-day period under subsection (a) 
shall begin on the date that the Senate first reconvenes.

Sec. 3347. Exclusivity

    (a) Sections 3345 and 3346 are the exclusive means for 
temporarily authorizing an acting official to perform the 
functions and duties of any office of an Executive agency 
(including the Executive Office of the President, and other 
than the General Accounting Office) for which appointment is 
required to be made by the President, by and with the advice 
and consent of the Senate, unless--
            (1) a statutory provision expressly--
                    (A) authorizes the President, a court, or 
                the head of an Executive department, to 
                designate an officer or employee to perform the 
                functions and duties of a specified office 
                temporarily in an acting capacity; or
                    (B) designates an officer or employee to 
                perform the functions and duties of a specified 
                office temporarily in an acting capacity; or
            (2) the President makes an appointment to fill a 
        vacancy in such office during the recess of the Senate 
        pursuant to clause 3 of section 2 of article II of the 
        United States Constitution.
    (b) Any statutory provision providing general authority to 
the head of an Executive agency (including the Executive Office 
of the President, and other than the General Accounting Office) 
to delegate duties statutorily vested in that agency head to, 
or to reassign duties among, officers or employees of such 
Executive agency, is not a statutory provision to which 
subsection (a)(1) applies.

Sec. 3348. Vacant office

    (a) In this section--
            (1) the term ``action'' includes any agency action 
        as defined under section 551(13); and
            (2) the term ``function or duty'' means any 
        function or duty of the applicable office that--
                    (A)(i) is established by statute; and
                    (ii) is required by statute to be performed 
                by the applicable officer (and only that 
                officer); or
                    (B)(i)(I) is established by regulation; and
                    (II) is required by such regulation to be 
                performed by the applicable officer (and only 
                that officer); and
                    (ii) includes a function or duty to which 
                clause (i) (I) and (II) applies, and the 
                applicable regulation is in effect at any time 
                during the 180-day period preceding the date on 
                which the vacancy occurs.
    (b) Unless an officer or employee is performing the 
functions and duties in accordance with sections 3345, 3346, 
and 3347, if an officer of an Executive agency (including the 
Executive Office of the President, and other than the General 
Accounting Office) whose appointment to office is required to 
be made by the President, by and with the advice and consent of 
the Senate, dies, resigns, or is otherwise unable to perform 
the functions and duties of the office--
            (1) the office shall remain vacant; and
            (2) in the case of an office other than the office 
        of the head of an Executive agency (including the 
        Executive Office of the President, and other than the 
        General Accounting Office), only the head of such 
        Executive agency may perform any function or duty of 
        such office.
    (c) If the last day of any 210-day period under section 
3346 is a day on which the Senate is not in session, the second 
day the Senate is next in session and receiving nominations 
shall be deemed to be the last day of such period.
    (d)(1) An action taken by any person who is not acting 
under section 3345, 3346, or 3347, or as provided by subsection 
(b), in the performance of any function or duty of a vacant 
office to which this section and sections 3346, 3347, 3349, 
3349a, 3349b, and 3349c apply shall have no force or effect.
    (2) An action that has no force or effect under paragraph 
(1) may not be ratified.
    (e) This section shall not apply to--
            (1) the General Counsel of the National Labor 
        Relations Board;
            (2) the General Counsel of the Federal Labor 
        Relations Authority;
            (3) any Inspector General appointed by the 
        President, by and with the advice and consent of the 
        Senate;
            (4) any Chief Financial Officer appointed by the 
        President, by and with the advice and consent of the 
        Senate; or
            (5) an office of an Executive agency (including the 
        Executive Office of the President, and other than the 
        General Accounting Office) if a statutory provision 
        expressly prohibits the head of the Executive agency 
        from performing the functions and duties of such 
        office.

Sec. 3349. Reporting of vacancies

    (a) The head of each Executive agency (including the 
Executive Office of the President, and other than the General 
Accounting Office) shall submit to the Comptroller General of 
the United States and to each House of Congress--
            (1) notification of a vacancy in an office to which 
        this section and sections 3345, 3346, 3347, 3348, 
        3349a, 3349b, 3349c, and 3349d apply and the date such 
        vacancy occurred immediately upon the occurrence of the 
        vacancy;
            (2) the name of any person serving in an acting 
        capacity and the date such service began immediately 
        upon the designation;
            (3) the name of any person nominated to the Senate 
        to fill the vacancy and the date such nomination is 
        submitted immediately upon the submission of the 
        nomination; and
            (4) the date of a rejection, withdrawal, or return 
        of any nomination immediately upon such rejection, 
        withdrawal, or return.
    (b) If the Comptroller General of the United States makes a 
determination that an officer is serving longer than the 210-
day period including the applicable exceptions to such period 
under section 3346 or section 3349a, the Comptroller General 
shall report such determination immediately to--
            (1) the Committee on Governmental Affairs of the 
        Senate;
            (2) the Committee on Government Reform and 
        Oversight of the House of Representatives;
            (3) the Committees on Appropriations of the Senate 
        and House of Representatives;
            (4) the appropriate committees of jurisdiction of 
        the Senate and House of Representatives;
            (5) the President; and
            (6) the Office of Personnel Management.

Sec. 3349a. Presidential inaugural transitions

    (a) In this section, the term ``transitional inauguration 
day'' means the date on which any person swears or affirms the 
oath of office as President, if such person is not the 
President on the date preceding the date of swearing or 
affirming such oath of office.
    (b) With respect to any vacancy that exists during the 60-
day period beginning on a transitional inauguration day, the 
210-day period under section 3346 or 3348 shall be deemed to 
begin on the later of the date occurring--
            (1) 90 days after such transitional inauguration 
        day; or
            (2) 90 days after the date on which the vacancy 
        occurs.

Sec. 3349b. Holdover provisions

    Sections 3345 through 3349a shall not be construed to 
affect any statute that authorizes a person to continue to 
serve in any office--
            (1) after the expiration of the term for which such 
        person is appointed; and
            (2) until a successor is appointed or a specified 
        period of time has expired.

Sec. 3349c. Exclusion of certain officers

    Sections 3345 through 3349b shall not apply to--
            (1) any member who is appointed by the President, 
        by and with the advice and consent of the Senate to any 
        board, commission, or similar entity that--
                    (A) is composed of multiple members; and
                    (B) governs an independent establishment or 
                Government corporation;
            (2) any commissioner of the Federal Energy 
        Regulatory Commission;
            (3) any member of the Surface Transportation Board; 
        or
            (4) any judge appointed by the President, by and 
        with the advice and consent of the Senate, to a court 
        constituted under article I of the United States 
        Constitution.

Sec. 3349d. Notification of intent to nominate during certain recesses 
                    or adjournments

    (a) The submission to the Senate, during a recess or 
adjournment of the Senate in excess of 15 days, of a written 
notification by the President of the President's intention to 
submit a nomination after the recess or adjournment shall be 
considered a nomination for purposes of sections 3345 through 
3349c if such notification contains the name of the proposed 
nominee and the office for which the person is nominated.
    (b) If the President does not submit a nomination of the 
person named under subsection (a) within 2 days after the end 
of such recess or adjournment, effective after such second day 
the notification considered a nomination under subsection (a) 
shall be treated as a withdrawn nomination for purposes of 
sections 3345 through 3349c.


                        SUBCHAPTER IV--TRANSFERS

Sec. 3351. Preference eligibles; transfer; physical qualifications; 
                    waiver

    In determining qualifications of a preference eligible for 
transfer to another position in the competitive service, an 
Executive agency, or the government of the District of 
Columbia, the Office of Personnel Management or other examining 
agency shall waive--
            (1) requirements as to age, height, and weight, 
        unless the requirement is essential to the performance 
        of the duties of the position; and
            (2) physical requirements if, in the opinion of the 
        Office or other examining agency, after considering the 
        recommendation of an accredited physician, the 
        preference eligible is physically able to perform 
        efficiently the duties of the position.
This section does not apply to an appointment required by 
Congress to be confirmed by, or made with the advice and 
consent of, the Senate.

Sec. 3352. Preference in transfers for employees making certain 
                    disclosures

    (a) Subject to the provisions of subsections (d) and (e), 
in filling a position within any Executive agency, the head of 
such agency may give preference to any employee of such agency, 
or any other Executive agency, to transfer to a position of the 
same status and tenure as the position of such employee on the 
date of applying for a transfer under subsection (b) if--
            (1) such employee is otherwise qualified for such 
        position;
            (2) such employee is eligible for appointment to 
        such position; and
            (3) the Merit Systems Protection Board makes a 
        determination under the provisions of chapter 12 that a 
        prohibited personnel action described under section 
        2302(b)(8) was taken against such employee.
    (b) An employee who meets the conditions described under 
subsection (a)(1), (2), and (3) may voluntarily apply for a 
transfer to a position, as described in subsection (a), within 
the Executive agency employing such employee or any other 
Executive agency.
    (c) If an employee applies for a transfer under the 
provisions of subsection (b) and the selecting official rejects 
such application, the selecting official shall provide the 
employee with a written notification of the reasons for the 
rejection within 30 days after receiving such application.
    (d) An employee whose application for transfer is rejected 
under the provisions of subsection (c) may request the head of 
such agency to review the rejection. Such request for review 
shall be submitted to the head of the agency within 30 days 
after the employee receives notification under subsection (c). 
Within 30 days after receiving a request for review, the head 
of the agency shall complete the review and provide a written 
statement of findings to the employee and the Merit Systems 
Protection Board.
    (e) The provisions of subsection (a) shall apply with 
regard to any employee--
            (1) for no more than 1 transfer
            (2) for a transfer from or within the agency such 
        employee is employed at the time of a determination by 
        the Merit Systems Protection Board that a prohibited 
        personnel action as described under section 2302(b)(8) 
        was taken against such employee.
            (3) no later than 18 months after such a 
        determination is made by the Merit Systems Protection 
        Board.
    (f) Notwithstanding the provisions of subsection (a), no 
preference may be given to any employee applying for a transfer 
under subsection (b), with respect to a preference eligible (as 
defined under section 2108(3)) applying for the same position.


                        SUBCHAPTER V--PROMOTION

Sec. 3361. Promotion; competitive service; examination

    An individual may be promoted in the competitive service 
only if he has passed an examination or is specifically 
excepted from examination under section 3302 of this title. 
This section does not take from the President any authority 
conferred by section 3301 of this title that is consistent with 
the provisions of this title governing the competitive service.

Sec. 3362. Promotion; effect of incentive award

    An agency, in qualifying and selecting an employee for 
promotion, shall give due weight to an incentive award under 
chapter 45 of this title. For the purpose of this section, 
``agency'' and ``employee'' have the meanings given them by 
section 4501 of this title.

Sec. 3363. Preference eligibles; promotion; physical qualifications; 
                    waiver

    In determining qualifications of a preference eligible for 
promotion to another position in the competitive service, an 
Executive agency, or the government of the District of 
Columbia, the Office of Personnel Management or other examining 
agency shall waive--
            (1) requirements as to age, height, and weight, 
        unless the requirement is essential to the performance 
        of the duties of the position; and
            (2) physical requirements if, in the opinion of the 
        Office or other examining agency, after considering the 
        recommendation of an accredited physician, the 
        preference eligible is physically able to perform 
        efficiently the duties of the position.
This section does not apply to an appointment required by 
Congress to be confirmed by, or made with the advice and 
consent of, the Senate.

[Sec. 3364. Repealed. Pub. L. 94-183, Sec. 2(6), Dec. 31, 1975, 89 
                    Stat. 1057.]


             SUBCHAPTER VI--ASSIGNMENTS TO AND FROM STATES

Sec. 3371. Definitions

    For the purpose of this subchapter--
            (1) ``State'' means--
                    (A) a State of the United States, the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, the Trust Territory of the Pacific 
                Islands, and a territory or possession of the 
                United States; and
                    (B) an instrumentality or authority of a 
                State or States as defined in subparagraph (A) 
                of this paragraph (1) and a Federal-State 
                authority or instrumentality;
            (2) ``local government'' means--
                    (A) any political subdivision, 
                instrumentality, or authority of a State or 
                States as defined in subparagraph (A) of 
                paragraph (1);
                    (B) any general or special purpose agency 
                of such a political subdivision, 
                instrumentality, or authority; and
                    (C) any Indian tribe, band, nation, or 
                other organized group or community, including 
                any Alaska Native village as defined in the 
                Alaska Native Claims Settlement Act (85 Stat. 
                688), which is recognized as eligible for the 
                special programs and services provided by the 
                United States to Indians because of their 
                status as Indians and includes any tribal 
                organization as defined in section 4(c) of the 
                Indian Self-Determination and Education 
                Assistance Act;
            (3) ``Federal agency'' means an Executive agency, 
        military department, a court of the United States, the 
        Administrative Office of the United States Courts, the 
        Library of Congress, the Botanic Garden, the Government 
        Printing Office, the Congressional Budget Office, the 
        United States Postal Service, the Postal Rate 
        Commission, the Office of the Architect of the Capitol, 
        the Office of Technology Assessment, and such other 
        similar agencies of the legislative and judicial 
        branches as determined appropriate by the Office of 
        Personnel Management; and
            (4) ``other organization'' means--
                    (A) a national, regional, State-wide, area-
                wide, or metropolitan organization representing 
                member State or local governments;
                    (B) an association of State or local public 
                officials;
                    (C) a nonprofit organization which has as 
                one of its principal functions the offering of 
                professional advisory, research, educational, 
                or development services, or related services, 
                to governments or universities concerned with 
                public management; or
                    (D) a federally funded research and 
                development center.

Sec. 3372. General provisions

    (a) On request from or with the concurrence of a State or 
local government, and with the consent of the employee 
concerned, the head of a Federal agency may arrange for the 
assignment of--
            (1) an employee of his agency, other than a 
        noncareer appointee, limited term appointee, or limited 
        emergency appointee (as such terms are defined in 
        section 3132(a) of this title) in the Senior Executive 
        Service and an employee in a position which has been 
        excepted from the competitive service by reason of its 
        confidential, policy-determining, policy-making, or 
        policy-advocating character, to a State or local 
        government; and
            (2) an employee of a State or local government to 
        his agency;
for work of mutual concern to his agency and the State or local 
government that he determines will be beneficial to both. The 
period of an assignment under this subchapter may not exceed 
two years. However, the head of a Federal agency may extend the 
period of assignment for not more than two additional years. In 
the case of assignments made to Indian tribes or tribal 
organizations as defined in section 3371(2)(C) of this 
subchapter, the head of an executive agency may extend the 
period of assignment for any period of time where it is 
determined that this will continue to benefit both the 
executive agency and the Indian tribe or tribal organization. 
If the assigned employee fails to complete the period of 
assignment and there is another employee willing and available 
to do so, the Secretary may assign the employee to complete the 
period of assignment and may execute an agreement with the 
tribal organization with respect to the replacement employee. 
That agreement may provide for a different period of assignment 
as may be agreed to by the Secretary and the tribal 
organization.
    (b) This subchapter is authority for and applies to the 
assignment of--
            (1) an employee of a Federal agency to an 
        institution of higher education;
            (2) an employee of an institution of higher 
        education to a Federal agency;
            (3) an employee of a Federal agency to any other 
        organization; and
            (4) an employee of an other organization to a 
        Federal agency.
    (c)(1) An employee of a Federal agency may be assigned 
under this subchapter only if the employee agrees, as a 
condition of accepting an assignment under this subchapter, to 
serve in the civil service upon the completion of the 
assignment for a period equal to the length of the assignment.
    (2) Each agreement required under paragraph (1) of this 
subsection shall provide that in the event the employee fails 
to carry out the agreement (except for good and sufficient 
reason, as determined by the head of the Federal agency from 
which assigned) the employee shall be liable to the United 
States for payment of all expenses (excluding salary) of the 
assignment. The amount shall be treated as a debt due the 
United States.
    (d) Where the employee is assigned to a tribal 
organization, the employee shall be eligible for promotions, 
periodic step-increases, and additional step-increases, as 
defined in chapter 53 of this title, on the same basis as other 
Federal employees.
    (e) Under regulations prescribed pursuant to section 3376 
of this title--
            (1) an assignment of an employee of a Federal 
        agency to an other organization or an institution of 
        higher education, and an employee so assigned, shall be 
        treated in the same way as an assignment of an employee 
        of a Federal agency to a State or local government, and 
        an employee so assigned, is treated under the 
        provisions of this subchapter governing an assignment 
        of an employee of a Federal agency to a State or local 
        government, except that the rate of pay of an employee 
        assigned to a federally funded research and development 
        center may not exceed the rate of pay that such 
        employee would be paid for continued service in the 
        position in the Federal agency from which assigned; and
            (2) an assignment of an employee of an other 
        organization or an institution of higher education to a 
        Federal agency, and an employee so assigned, shall be 
        treated in the same way as an assignment of an employee 
        of a State or local government to a Federal agency, and 
        an employee so assigned, is treated under the 
        provisions of this subchapter governing an assignment 
        of an employee of a State or local government to a 
        Federal agency.

Sec. 3373. Assignment of employees to State or local governments

    (a) An employee of a Federal agency assigned to a State or 
local government under this subchapter is deemed, during the 
assignment, to be either--
            (1) on detail to a regular work assignment in his 
        agency; or
            (2) on leave without pay from his position in the 
        agency.
An employee assigned either on detail or on leave without pay 
remains an employee of his agency. The Federal Tort Claims Act 
and any other Federal tort liability statute apply to an 
employee so assigned. The supervision of the duties of an 
employee on detail may be governed by agreement between the 
Federal agency and the State or local government concerned.
    (b) The assignment of an employee of a Federal agency 
either on detail or on leave without pay to a State or local 
government under this subchapter may be made with or without 
reimbursement by the State or local government for the travel 
and transportation expenses to or from the place of assignment 
and for the pay, or supplemental pay, or a part thereof, of the 
employee during assignment. Any reimbursements shall be 
credited to the appropriation of the Federal agency used for 
paying the travel and transportation expenses or pay.
    (c) For any employee so assigned and on leave without pay--
            (1) if the rate of pay for his employment by the 
        State or local government is less than the rate of pay 
        he would have received had he continued in his regular 
        assignment in the agency, he is entitled to receive 
        supplemental pay from the agency in an amount equal to 
        the difference between the State or local government 
        rate and the agency rate;
            (2) he is entitled to annual and sick leave to the 
        same extent as if he had continued in his regular 
        assignment in the agency; and
            (3) he is entitled, notwithstanding other 
        statutes--
                    (A) to continuation of his insurance under 
                chapter 87 of this title, and coverage under 
                chapter 89 of this title or other applicable 
                authority, so long as he pays currently into 
                the Employee's Life Insurance Fund and the 
                Employee's Health Benefits Fund or other 
                applicable health benefits system (through his 
                employing agency) the amount of the employee 
                contributions;
                    (B) to credit the period of his assignment 
                under this subchapter toward periodic step-
                increases, retention, and leave accrual 
                purposes, and, on payment into the Civil 
                Service Retirement and Disability Fund or other 
                applicable retirement system of the percentage 
                of his State or local government pay, and of 
                his supplemental pay, if any, that would have 
                been deducted from a like agency pay for the 
                period of the assignment and payment by the 
                Federal agency into the fund or system of the 
                amount that would have been payable by the 
                agency during the period of the assignment with 
                respect to a like agency pay, to treat his 
                service during that period as service of the 
                type performed in the agency immediately before 
                his assignment; and
                    (C) for the purpose of subchapter I of 
                chapter 85 of this title, to credit the service 
                performed during the period of his assignment 
                under this subchapter as Federal service, and 
                to consider his State or local government pay 
                (and his supplemental pay, if any) as Federal 
                wages. To the extent that the service could 
                also be the basis for entitlement to 
                unemployment compensation under a State law, 
                the employee may elect to claim unemployment 
                compensation on the basis of the service under 
                either the State law or subchapter I of chapter 
                85 of this title.
However, an employee or his beneficiary may not receive 
benefits referred to in subparagraphs (A) and (B) of this 
paragraph (3), based on service during an assignment under this 
subchapter for which the employee or, if he dies without making 
such an election, his beneficiary elects to receive benefits, 
under any State or local government retirement or insurance law 
or program, which the Office of Personnel Management determines 
to be similar. The Federal agency shall deposit currently in 
the Employee's Life Insurance Fund, the Employee's Health 
Benefits Fund or other applicable health benefits system, 
respectively, the amount of the Government's contributions on 
account of service with respect to which employee contributions 
are collected as provided in subparagraphs (A) and (B) of this 
paragraph (3).
    (d)(1) An employee so assigned and on leave without pay who 
dies or suffers disability as a result of personal injury 
sustained while in the performance of his duty during an 
assignment under this subchapter shall be treated, for the 
purpose of subchapter I of chapter 81 of this title, as though 
he were an employee as defined by section 8101 of this title 
who had sustained the injury in the performance of duty. When 
an employee (or his dependents in case of death) entitled by 
reason of injury or death to benefits under subchapter I of 
chapter 81 of this title is also entitled to benefits from a 
State or local government for the same injury or death, he (or 
his dependents in case of death) shall elect which benefits he 
will receive. The election shall be made within one year after 
the injury or death, or such further time as the Secretary of 
Labor may allow for reasonable cause shown. When made, the 
election is irrevocable unless otherwise provided by law.
    (2) An employee who elects to receive benefits from a State 
or local government may not receive an annuity under subchapter 
III of chapter 83 of this title and benefits from the State or 
local government for injury or disability to himself covering 
the same period of time. This provision does not--
            (A) bar the right of a claimant to the greater 
        benefit conferred by either the State or local 
        government or subchapter III of chapter 83 of this 
        title for any part of the same period of time;
            (B) deny to an employee an annuity accruing to him 
        under subchapter III of chapter 83 of this title on 
        account of service performed by him; or
            (C) deny any concurrent benefit to him from the 
        State or local government on account of the death of 
        another individual.

Sec. 3374. Assignments of employees from State or local governments

    (a) An employee of a State or local government who is 
assigned to a Federal agency under an arrangement under this 
subchapter may--
            (1) be appointed in the Federal agency without 
        regard to the provisions of this title governing 
        appointment in the competitive service for the agreed 
        period of the assignment; or
            (2) be deemed on detail to the Federal agency.
    (b) An employee given an appointment is entitled to pay in 
accordance with chapter 51 and subchapter III of chapter 53 of 
this title or other applicable law, and is deemed an employee 
of the Federal agency for all purposes except--
            (1) subchapter III of chapter 83 of this title or 
        other applicable retirement system;
            (2) chapter 87 of this title; and
            (3) chapter 89 of this title or other applicable 
        health benefits system unless his appointment results 
        in the loss of coverage in a group health benefits plan 
        the premium of which has been paid in whole or in part 
        by a State or local government contribution.
The above exceptions shall not apply to non-Federal employees 
who are covered by chapters 83, 87, and 89 of this title by 
virtue of their non-Federal employment immediately before 
assignment and appointment under this section.
    (c) During the period of assignment, a State or local 
government employee on detail to a Federal agency--
            (1) is not entitled to pay from the agency, except 
        to the extent that the pay received from the State or 
        local government is less than the appropriate rate of 
        pay which the duties would warrant under the applicable 
        pay provisions of this title or other applicable 
        authority;
            (2) is deemed an employee of the agency for the 
        purpose of chapter 73 of this title, sections 203, 205, 
        207, 208, 209, 602, 603, 606, 607, 643, 654, 1905, and 
        1913 of title 18, sections 1343, 1344, and 1349(b) of 
        title 31, and the Federal Tort Claims Act and any other 
        Federal tort liability statute; and
            (3) is subject to such regulations as the President 
        may prescribe.
The supervision of the duties of such an employee may be 
governed by agreement between the Federal agency and the State 
or local government concerned. A detail of a State or local 
government employee to a Federal agency may be made with or 
without reimbursement by the Federal agency for the pay, or a 
part thereof, of the employee during the period of assignment, 
or for the contribution of the State or local government, or a 
part thereof, to employee benefit systems.
    (d) A State or local government employee who is given an 
appointment in a Federal agency for the period of the 
assignment or who is on detail to a Federal agency and who 
suffers disability or dies as a result of personal injury 
sustained while in the performance of his duty during the 
assignment shall be treated, for the purpose of subchapter I of 
chapter 81 of this title, as though he were an employee as 
defined by section 8101 of this title who had sustained the 
injury in the performance of duty. When an employee (or his 
dependents in case of death) entitled by reason of injury or 
death to benefits under subchapter I of chapter 81 of this 
title is also entitled to benefits from a State or local 
government for the same injury or death, he (or his dependents 
in case of death) shall elect which benefits he will receive. 
The election shall be made within 1 year after the injury or 
death, or such further time as the Secretary of Labor may allow 
for reasonable cause shown. When made, the election is 
irrevocable unless otherwise provided by law.
    (e) If a State or local government fails to continue the 
employer's contribution to State or local government 
retirement, life insurance, and health benefit plans for a 
State or local government employee who is given an appointment 
in a Federal agency, the employer's contributions covering the 
State or local government employee's period of assignment, or 
any part thereof, may be made from the appropriations of the 
Federal agency concerned.

Sec. 3375. Travel expenses

    (a) Appropriations of a Federal agency are available to 
pay, or reimburse, a Federal or State or local government 
employee in accordance with--
            (1) subchapter I of chapter 57 of this title, for 
        the expenses of--
                    (A) travel, including a per diem allowance, 
                to and from the assignment location;
                    (B) a per diem allowance at the assignment 
                location during the period of the assignment; 
                and
                    (C) travel, including a per diem allowance, 
                while traveling on official business away from 
                his designated post of duty during the 
                assignment when the head of the Federal agency 
                considers the travel in the interest of the 
                United States;
            (2) section 5724 of this title, for the expenses of 
        transportation of his immediate family and of his 
        household goods and personal effects to and from the 
        assignment location;
            (3) section 5724a(a) of this title, for the 
        expenses of per diem allowances for the immediate 
        family of the employee to and from the assignment 
        location;
            (4) section 5724a(c) of this title, for subsistence 
        expenses of the employee and his immediate family while 
        occupying temporary quarters at the assignment location 
        and on return to his former post of duty;
            (5) section 5724a(g) of this title, to be used by 
        the employee for miscellaneous expenses related to 
        change of station where movement or storage of 
        household goods is involved; and
            (6) section 5726(c) of this title, for the expenses 
        of nontemporary storage of household goods and personal 
        effects in connection with assignment at an isolated 
        location.
    (b) Expenses specified in subsection (a) of this section, 
other than those in paragraph (1)(C), may not be allowed in 
connection with the assignment of a Federal or State or local 
government employee under this subchapter, unless and until the 
employee agrees in writing to complete the entire period of his 
assignment or one year, whichever is shorter, unless separated 
or reassigned for reasons beyond his control that are 
acceptable to the Federal agency concerned. If the employee 
violates the agreement, the money spent by the United States 
for these expenses is recoverable from the employee as a debt 
due the United States. The head of the Federal agency concerned 
may waive in whole or in part a right of recovery under this 
subsection with respect to a State or local government employee 
on assignment with the agency.
    (c) Appropriations of a Federal agency are available to pay 
expenses under section 5742 of this title with respect to a 
Federal or State or local government employee assigned under 
this subchapter.

Sec. 3376. Regulations

    The President may prescribe regulations for the 
administration of this subchapter.


                SUBCHAPTER VII--AIR TRAFFIC CONTROLLERS

Sec. 3381. Training

    (a) An air traffic controller with 5 years of service as a 
controller who is to be removed as a controller because the 
Secretary has determined--
            (1) he is medically disqualified for duties as a 
        controller;
            (2) he is unable to maintain technical proficiency 
        as a controller; or
            (3) such removal is necessary for the preservation 
        of the physical or mental health of the controller;
is entitled to not more than the full-time equivalent of 2 
years of training.
    (b) During a period of training under this section, a 
controller shall be--
            (1) retained at his last assigned grade and rate of 
        basic pay as a controller;
            (2) entitled to each increase in rate of basic pay 
        provided under law; and
            (3) excluded from staffing limitations otherwise 
        applicable.
    (c) Upon completion of training under this section, a 
controller may be--
            (1) assigned to other duties in the Executive 
        agency in which the controller is employed;
            (2) released for transfer to another Executive 
        agency; or
            (3) involuntarily separated from the service.
The involuntary separation of a controller under this 
subsection is not a removal for cause on charges of misconduct, 
delinquency, or inefficiency for purposes of section 5595 or 
section 8336 of this title.
    (d) The Secretary, without regard to section 3324(a) and 
(b) of title 31, may pay, or reimburse a controller for, all or 
part of the necessary expenses of training provided under this 
section, including expenses authorized to be paid under chapter 
41 and subchapter I of chapter 57 of this title, and the costs 
of other services or facilities directly related to the 
training of a controller.
    (e) Except as provided by subsection (d) of this section, 
the provisions of chapter 41 of this title, other than sections 
4105, 4107(a) and (b), and 4111, shall not apply to training 
under this section.
    (f) The provisions of this section shall not otherwise 
affect the authority of the Secretary to provide training under 
chapter 41 of this title or under any other provision of law.

Sec. 3382. Involuntary separation for retirement

    An air traffic controller who is eligible for immediate 
retirement under section 8336 of this title may be separated 
involuntarily from the service if the Secretary determines that 
the separation of the controller is necessary in the interest 
of--
            (1) aviation safety;
            (2) the efficient control of air traffic; or
            (3) the preservation of the physical or mental 
        health of the controller.
Chapter 75 of this title does not apply to a determination or 
action under this section. Separation under this section shall 
not become final, without the consent of the controller, until 
the last day of the second month following the day the 
controller receives a notification of the determination by the 
Secretary under this section, or, if a review is requested 
under section 3383 of this title, the last day of the month in 
which a final decision is issued by a board of review under 
section 3383(c) of this title, whichever is later. A controller 
who is to be separated under this section is entitled to 
training under section 3381 of this title. Separation of such a 
controller who elects to receive training under section 3381 
shall not become final until the last day of the month 
following the completion of his training.

Sec. 3383. Determinations; review procedures

    (a) An air traffic controller subject to a determination by 
the Secretary under section 3381(a) or section 3382 of this 
title, shall be furnished a written notice of the determination 
and the reasons therefor, and a notification that the 
controller has 15 days after the receipt of the notification 
within which to file a written request for reconsideration of 
the determination. Unless the controller files such a request 
within the 15 days, or unless the determination is rescinded by 
the Secretary within the 15 days, the determination shall be 
final.
    (b) If the Secretary does not rescind his determination 
within 15 days after his receipt of the written request filed 
by the controller under subsection (a) of this section, the 
Secretary shall immediately convene a board of review, 
consisting of--
            (1) a person designated by the controller;
            (2) a representative of the Executive agency in 
        which the controller is employed designated by the 
        Secretary; and
            (3) a representative of the Merit Systems 
        Protection Board, designated by the Chairman, who shall 
        serve as chairman of the board of review.
    (c) The board of review shall review evidence supporting 
and inconsistent with the determination of the Secretary and, 
within a period of 30 days after being convened, shall issue 
its findings and furnish copies thereof to the Secretary and 
the controller. The board may approve or rescind the 
determination of the Secretary. A decision by the board under 
this subsection is final. The Secretary shall take such action 
as may be necessary to carry out the decision of the board.
    (d) Except as provided under section 3382 of this title, 
the review procedure of this section is in addition to any 
other review or appeal procedures provided under any other 
provision of law, but is the sole and exclusive administrative 
remedy available to a controller within the Executive agency in 
which such controller is employed.

Sec. 3384. Regulations

    The Secretary is authorized to issue regulations to carry 
out the provisions of this subchapter.

Sec. 3385. Effect on other authority

    This subchapter shall not limit the authority of the 
Secretary to reassign temporarily an air traffic controller to 
other duties with or without notice, in the interest of the 
safe or efficient separation and control of air traffic or the 
physical or mental health of a controller; or to reassign 
permanently or separate a controller under any other provision 
of law.


 SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT 
                    IN THE SENIOR EXECUTIVE SERVICE

Sec. 3391. Definitions

    For the purpose of this subchapter, ``agency'', ``Senior 
Executive Service position'', ``senior executive'', ``career 
appointee'', ``limited term appointee'', ``limited emergency 
appointee'', ``noncareer appointee'', and ``general position'' 
have the meanings set forth in section 3132(a) of this title.

Sec. 3392. General appointment provisions

    (a) Qualification standards shall be established by the 
head of each agency for each Senior Executive Service position 
in the agency--
            (1) in accordance with requirements established by 
        the Office of Personnel Management, with respect to 
        standards for career reserved positions, and
            (2) after consultation with the Office, with 
        respect to standards for general positions.
    (b) Not more than 30 percent of the Senior Executive 
Service positions authorized under section 3133 of this title 
may at any time be filled by individuals who did not have 5 
years of current continuous service in the civil service 
immediately preceding their initial appointment to the Senior 
Executive Service, unless the President certifies to the 
Congress that the limitation would hinder the efficiency of the 
Government. In applying the preceding sentence, any break in 
service of 3 days or less shall be disregarded.
    (c)(1) If a career appointee is appointed by the President, 
by and with the advice and consent of the Senate, to a civilian 
position in the executive branch which is not in the Senior 
Executive Service, and the rate of basic pay payable for which 
is equal to or greater than the rate payable for level V of the 
Executive Schedule, the career appointee may elect (at such 
time and in such manner as the Office may prescribe) to 
continue to have the provisions of this title relating to basic 
pay, performance awards, awarding of ranks, severance pay, 
leave, and retirement apply as if the career appointee remained 
in the Senior Executive Service position from which he was 
appointed. Such provisions shall apply in lieu of the 
provisions which would otherwise apply--
            (A) to the extent provided under regulations 
        prescribed by the Office, and
            (B) so long as the appointee continues to serve 
        under such Presidential appointment.
    (2) An election under paragraph (1) may also be made by any 
career appointee who is appointed to a civilian position in the 
executive branch--
            (A) which is not in the Senior Executive Service; 
        and
            (B) which is covered by the Executive Schedule, or 
        the rate of basic pay for which is fixed by statute at 
        a rate equal to 1 of the levels of the Executive 
        Schedule.
An election under this paragraph shall remain effective so long 
as the appointee continues to serve in the same position.
    (d) Appointment or removal of a person to or from any 
Senior Executive Service position in an independent regulatory 
commission shall not be subject, directly or indirectly, to 
review or approval by any officer or entity within the 
Executive Office of the President.

Sec. 3393. Career appointments

    (a) Each agency shall establish a recruitment program, in 
accordance with guidelines which shall be issued by the Office 
of Personnel Management, which provides for recruitment of 
career appointees from--
            (1) all groups of qualified individuals within the 
        civil service; or
            (2) all groups of qualified individuals whether or 
        not within the civil service.
    (b) Each agency shall establish one or more executive 
resources boards, as appropriate, the members of which shall be 
appointed by the head of the agency from among employees of the 
agency or commissioned officers of the uniformed services 
serving on active duty in such agency. The boards shall, in 
accordance with merit staffing requirements established by the 
Office, conduct the merit staffing process for career 
appointees, including--
            (1) reviewing the executive qualifications of each 
        candidate for a position to be filled by a career 
        appointee; and
            (2) making written recommendations to the 
        appropriate appointing authority concerning such 
        candidates.
    (c)(1) The Office shall establish one or more 
qualifications review boards, as appropriate. It is the 
function of the boards to certify the executive qualifications 
of candidates for initial appointment as career appointees in 
accordance with regulations prescribed by the Office. Of the 
members of each board more than one-half shall be appointed 
from among career appointees. Appointments to such boards shall 
be made on a non-partisan basis, the sole selection criterion 
being the professional knowledge of public management and 
knowledge of the appropriate occupational fields of the 
intended appointee.
    (2) The Office shall, in consultation with the various 
qualification review boards, prescribe criteria for 
establishing executive qualifications for appointment of career 
appointees. The criteria shall provide for--
            (A) consideration of demonstrated executive 
        experience;
            (B) consideration of successful participation in a 
        career executive development program which is approved 
        by the Office; and
            (C) sufficient flexibility to allow for the 
        appointment of individuals who have special or unique 
        qualities which indicate a likelihood of executive 
        success and who would not otherwise be eligible for 
        appointment.
    (d) An individual's initial appointment as a career 
appointee shall become final only after the individual has 
served a 1-year probationary period as a career appointee.
    (e) Each career appointee shall meet the executive 
qualifications of the position to which appointed, as 
determined in writing by the appointing authority.
    (f) The title of each career reserved position shall be 
published in the Federal Register.
    (g) A career appointee may not be removed from the Senior 
Executive Service or civil service except in accordance with 
the applicable provisions of sections 1215, 3393a, 3592, 3595, 
7532, or 7543 of this title.

Sec. 3393a. Recertification

    (a)(1) In order to ensure that the performance of career 
appointees demonstrates the excellence needed to meet the goals 
of the Senior Executive Service, as set forth in section 3131, 
each career appointee shall be subject to recertification by 
the employing agency in accordance with the provisions of this 
section.
    (2) Beginning in calendar year 1991, and recurring every 
third calendar year thereafter, the head of an agency shall 
determine a time during such calendar year when the performance 
of career appointees in the agency shall be subject to 
recertification. Recertification shall not be required or any 
career appointee who has not been continuously employed as a 
senior executive for the 156 weeks preceding the time 
determined for the recertification. For the purposes of the 
previous sentence, a break in service of 6 months shall be 
deemed not to interrupt the 156 weeks of continuous employment.
    (b) The supervising official of each career appointee shall 
submit to a performance review board established by the agency 
under section 4314 a recommendation as to whether the career 
appointee's performance justifies recertification as a senior 
executive, based on such factors as the career appointee's 
performance ratings for the 3 preceding years under section 
4314, any award or other recognition received by the career 
appointee, any developmental activities of the career 
appointee, and any other relevant factors. The supervising 
official's recommendation shall reflect that official's view as 
to whether the career appointee's overall performance over the 
3 preceding years has demonstrated the excellence expected of a 
senior executive in relation to the written performance 
requirements for the career appointee's senior executive 
position as established under section 4312(b). The career 
appointee may submit to the performance review board a 
statement of accomplishments and other documentation giving 
evidence of the quality of the career appointee's performance.
    (c)(1) After considering the recommendation and other 
information received under subsection (b), the performance 
review board shall submit to the appointing authority a 
recommendation as to whether the career appointee should be 
recertified, conditionally recertified, or not recertified as a 
senior executive. If the board proposes to recommend 
conditional recertification or non-recertification, then the 
affected appointee shall be so notified and shall have the 
opportunity to appear before the performance review board. If 
the board is recommending that the career appointee be 
recertified, the board may also recommend that the career 
appointee's rate of pay be increased to a higher rate 
established under section 5382. If the board is recommending 
that the career appointee be conditionally recertified, the 
board may recommend that the career appointee's pay be reduced 
to the next lower rate established under section 5382. The 
board shall also provide to the appointing authority the 
recommendation and other information received under subsection 
(b).
    (2) More than one-half of the members of a performance 
review board under this section shall consist of career 
appointees. The requirement of the preceding sentence shall not 
apply in any case in which the Office of Personnel Management 
determines that there exists an insufficient number of career 
appointees available to comply with the requirement.
    (d)(1) If the appointing authority determines that the 
career appointee's performance during the preceding 3 years 
demonstrates the excellence expected of a senior executive, the 
appointing authority shall recommend to the head of the agency 
that the career appointee be recertified as a senior executive.
    (2) If the appointing authority determines that the career 
appointee's performance has not demonstrated the excellence 
expected of a senior executive, the appointing authority shall 
recommend to the head of the agency that the career appointee 
be conditionally recertified as a senior executive or not be 
recertified as a senior executive.
    (e)(1) If the head of the agency decides that the career 
appointee's performance warrants recertification as a senior 
executive, the career appointee shall continue in the Senior 
Executive Service. If a career appointee is recertified as a 
senior executive, the career appointee's rate of basic pay may 
not be reduced at the time of recertification.
    (2) If the head of the agency decides that the career 
appointee's performance does not warrant full recertification, 
but does warrant conditional recertification, the career 
appointee--
            (A) shall remain a career appointee in the Senior 
        Executive Service;
            (B) shall be subject to continuing close review of 
        the career appointee's performance by the supervising 
        official in coordination with an executive resources 
        board established under section 3393, in accordance 
        with a performance improvement plan developed by the 
        supervising official and subject to the approval of the 
        executive resources board;
            (C) may, if the head of the agency so determines, 
        be reduced to the next lower rate of basic pay 
        established under section 5382; and
            (D) shall be removed from the Senior Executive 
        Service if the career appointee is not recertified as a 
        senior executive at the end of the 12-month period 
        following the conditional recertification.
If, at the end of the 12-month period following the conditional 
recertification, the career appointee is recertified as a 
senior executive, any reduction that was made in the career 
appointee's rate of basic pay under subparagraph (C) shall be 
restored prospectively.
    (3) If the head of the agency decides that the career 
appointee's performance does not demonstrate that the career 
appointee qualifies for recertification or conditional 
recertification as a senior executive, the career appointee 
shall be removed from the Senior Executive Service in 
accordance with section 3592.
    (f) The Office of Personnel Management shall prescribe 
standards and procedures to ensure consistency and fairness for 
the process of recertification under this section.

Sec. 3394. Noncareer and limited appointments

    (a) Each noncareer appointee, limited term appointee, and 
limited emergency appointee shall meet the qualifications of 
the position to which appointed, as determined in writing by 
the appointing authority.
    (b) An individual may not be appointed as a limited term 
appointee or as a limited emergency appointee without the prior 
approval of the exercise of such appointing authority by the 
Office of Personnel Management.

Sec. 3395. Reassignment and transfer within the Senior Executive 
                    Service

    (a)(1) A career appointee in an agency--
            (A) may, subject to paragraph (2) of this 
        subsection, be reassigned to any Senior Executive 
        Service position in the same agency for which the 
        appointee is qualified; and
            (B) may transfer to a Senior Executive Service 
        position in another agency for which the appointee is 
        qualified, with the approval of the agency to which the 
        appointee transfers.
    (2)(A) Except as provided in subparagraph (B) of this 
paragraph, a career appointee may be reassigned to any Senior 
Executive Service position only if the career appointee 
receives written notice of the reassignment at least 15 days 
before the effective date of such reassignment.
    (B)(i) A career appointee may not be reassigned to a Senior 
Executive Service position outside the career appointee's 
commuting area unless--
            (I) before providing notice under subclause (II) of 
        this clause (or seeking or obtaining the consent of the 
        career appointee under clause (ii) of this subparagraph 
        to waive such notice), the agency consults with the 
        career appointee on the reasons for, and the 
        appointee's preferences with respect to, the proposed 
        reassignment; and
            (II) the career appointee receives written notice 
        of the reassignment, including a statement of the 
        reasons for the reassignment, at least 60 days before 
        the effective date of the reassignment.
    (ii) Notice of reassignment under clause (i)(II) of this 
subparagraph may be waived with the written consent of the 
career appointee involved.
    (b)(1) Notwithstanding section 3394(b) of this title, a 
limited emergency appointee may be reassigned to another Senior 
Executive Service position in the same agency established to 
meet a bona fide, unanticipated, urgent need, except that the 
appointee may not serve in one or more positions in such agency 
under such appointment in excess of 18 months.
    (2) Notwithstanding section 3394(b) of this title, a 
limited term appointee may be reassigned to another Senior 
Executive Service position in the same agency the duties of 
which will expire at the end of a term of 3 years or less, 
except that the appointee may not serve in one or more 
positions in the agency under such appointment in excess of 3 
years.
    (c) A limited term appointee or a limited emergency 
appointee may not be appointed to, or continue to hold, a 
position under such an appointment if, within the preceding 48 
months, the individual has served more than 36 months, in the 
aggregate, under any combination of such types of appointment.
    (d) A noncareer appointee in an agency--
            (1) may be reassigned to any general position in 
        the agency for which the appointee is qualified; and
            (2) may transfer to a general position in another 
        agency with the approval of the agency to which the 
        appointee transfers.
    (e)(1) Except as provided in paragraph (2) of this 
subsection, a career appointee in an agency may not be 
involuntarily reassigned--
            (A) within 120 days after an appointment of the 
        head of the agency; or
            (B) within 120 days after the appointment in the 
        agency of the career appointee's most immediate 
        supervisor who--
                    (i) is a noncareer appointee; and
                    (ii) has the authority to make an initial 
                appraisal of the career appointee's performance 
                under subchapter II of chapter 43.
    (2) Paragraph (1) of this subsection does not apply with 
respect to--
            (A) any reassignment under section 4314(b)(3) of 
        this title; or
            (B) any disciplinary action initiated before an 
        appointment referred to in paragraph (1) of this 
        subsection.
    (3) For the purpose of applying paragraph (1) to a career 
appointee, any days (not to exceed a total of 60) during which 
such career appointee is serving pursuant to a detail or other 
temporary assignment apart from such appointee's regular 
position shall not be counted in determining the number of days 
that have elapsed since an appointment referred to in 
subparagraph (A) or (B) of such paragraph.

Sec. 3396. Development for and within the Senior Executive Service

    (a) The Office of Personnel Management shall establish 
programs for the systematic development of candidates for the 
Senior Executive Service and for the continuing development of 
senior executives, or require agencies to establish such 
programs which meet criteria prescribed by the Office.
    (b) The Office shall assist agencies in the establishment 
of programs required under subsection (a) of this section and 
shall monitor the implementation of the programs. If the Office 
finds that any agency's program under subsection (a) of this 
section is not in compliance with the criteria prescribed under 
such subsection, it shall require the agency to take such 
corrective action as may be necessary to bring the program into 
compliance with the criteria.
    (c)(1) The head of an agency may grant a sabbatical to any 
career appointee for not to exceed 11 months in order to permit 
the appointee to engage in study or uncompensated work 
experience which will contribute to the appointee's development 
and effectiveness. A sabbatical shall not result in loss of, or 
reduction in, pay, leave to which the career appointee is 
otherwise entitled, credit for time or service, or performance 
or efficiency rating. The head of the agency may authorize in 
accordance with chapter 57 of this title such travel expenses 
(including per diem allowances) as the head of the agency may 
determine to be essential for the study or experience.
    (2) A sabbatical under this subsection may not be granted 
to any career appointee--
            (A) more than once in any 10-year period;
            (B) unless the appointee has completed 7 years of 
        service--
                    (i) in one or more positions in the Senior 
                Executive Service;
                    (ii) in one or more other positions in the 
                civil service the level of duties and 
                responsibilities of which are equivalent to the 
                level of duties and responsibilities of 
                positions in the Senior Executive Service; or
                    (iii) in any combination of such positions, 
                except that not less than 2 years of such 7 
                years of service must be in the Senior 
                Executive Service; and
            (C) if the appointee is eligible for voluntary 
        retirement with a right to an immediate annuity under 
        section 8336 of this title.
Any period of assignment under section 3373 of this title, 
relating to assignments of employees to State and local 
governments, shall not be considered a period of service for 
the purpose of subparagraph (B) of this paragraph.
    (3)(A) Any career appointee in an agency may be granted a 
sabbatical under this subsection only if the appointee agrees, 
as a condition of accepting the sabbatical, to serve in the 
civil service upon the completion of the sabbatical for a 
period of 2 consecutive years.
    (B) Each agreement required under subparagraph (A) of this 
paragraph shall provide that in the event the career appointee 
fails to carry out the agreement (except for good and 
sufficient reason as determined by the head of the agency who 
granted the sabbatical) the appointee shall be liable to the 
United States for payment of all expenses (including salary) of 
the sabbatical. The amount shall be treated as a debt due the 
United States.
    (d)(1) The Office shall encourage and assist individuals to 
improve their skills and increase their contribution by service 
in a variety of agencies as well as by accepting temporary 
placements in State or local governments or in the private 
sector.
    (2) In order to promote the professional development of 
career appointees and to assist them in achieving their maximum 
levels of proficiency, the Office shall, in a manner consistent 
with the needs of the Government provide appropriate 
informational services and otherwise encourage career 
appointees to take advantage of any opportunities relating to--
            (A) sabbaticals;
            (B) training; or
            (C) details or other temporary assignments in other 
        agencies, State or local governments, or the private 
        sector.

Sec. 3397. Regulations

    The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this subchapter.


         CHAPTER 34--PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

Sec.
3401.    Definitions.
3402.    Establishment of part-time career employment programs.
3403.    Limitations.
3404.    Personnel ceilings.
3405.    Nonapplicability.
3406.    Regulations.
[3407.   Repealed.]
3408.    Employee organization representation.

Sec. 3401. Definitions

    For the purpose of this chapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) a military department;
                    (C) an agency in the judicial branch;
                    (D) the Library of Congress;
                    (E) the Botanic Garden; and
                    (F) the Office of the Architect of the 
                Capitol;
         but does not include--
                    (i) a Government controlled corporation;
                    (ii) the Tennessee Valley Authority;
                    (iii) the Alaska Railroad;
                    (iv) the Virgin Islands Corporation;
                    (v) the Federal Bureau of Investigation, 
                Department of Justice;
                    (vi) the Central Intelligence Agency; and
                    (vii) the National Security Agency, 
                Department of Defense; and
            (2) ``part-time career employment'' means part-time 
        employment of 16 to 32 hours a week (or 32 to 64 hours 
        during a biweekly pay period in the case of a flexible 
        or compressed work schedule under subchapter II of 
        chapter 61 of this title) under a schedule consisting 
        of an equal or varied number of hours per day, whether 
        in a position which would be part-time without regard 
        to this section or one established to allow job-sharing 
        or comparable arrangements, but does not include 
        employment on a temporary or intermittent basis.

Sec. 3402. Establishment of part-time career employment programs

    (a)(1) In order to promote part-time career employment 
opportunities in all grade levels, the head of each agency, by 
regulation, shall establish and maintain a program for part-
time career employment within such agency. Such regulations 
shall provide for--
            (A) the review of positions which, after such 
        positions become vacant, may be filled on a part-time 
        career employment basis (including the establishment of 
        criteria to be used in identifying such positions);
            (B) procedures and criteria to be used in 
        connection with establishing or converting positions 
        for part-time career employment, subject to the 
        limitations of section 3403 of this title;
            (C) annual goals for establishing or converting 
        positions for part-time career employment, and a 
        timetable setting forth interim and final deadlines for 
        achieving such goals;
            (D) a continuing review and evaluation of the part-
        time career employment program established under such 
        regulations; and
            (E) procedures for notifying the public of vacant 
        part-time positions in such agency, utilizing 
        facilities and funds otherwise available to such agency 
        for the dissemination of information.
    (2) The head of each agency shall provide for communication 
between, and coordination of the activities of, the individuals 
within such agency whose responsibilities relate to the part-
time career employment program established within that agency.
    (3) Regulations established under paragraph (1) of this 
subsection may provide for such exceptions as may be necessary 
to carry out the mission of the agency.
    (b)(1) The Office of Personnel Management, by regulation, 
shall establish and maintain a program under which it shall, on 
the request of an agency, advise and assist such agency in the 
establishment and maintenance of its part-time career 
employment program under this chapter.
    (2) The Office shall conduct a research and demonstration 
program with respect to part-time career employment within the 
Federal Government. In particular, such program shall be 
directed to--
            (A) determining the extent to which part-time 
        career employment may be used in filling positions 
        which have not traditionally been open for such 
        employment on any extensive basis, such as supervisory, 
        managerial, and professional positions;
            (B) determining the extent to which job-sharing 
        arrangements may be established for various occupations 
        and positions; and
            (C) evaluating attitudes, benefits, costs, 
        efficiency, and productivity associated with part-time 
        career employment, as well as its various sociological 
        effects as a mode of employment.

Sec. 3403. Limitations

    (a) An agency shall not abolish any position occupied by an 
employee in order to make the duties of such position available 
to be performed on a part-time career employment basis.
    (b) Any person who is employed on a full-time basis in an 
agency shall not be required to accept part-time employment as 
a condition of continued employment.

Sec. 3404. Personnel ceilings

    In administering any personnel ceiling applicable to an 
agency (or unit therein), an employee employed by such agency 
on a part-time career employment basis shall be counted as a 
fraction which is determined by dividing 40 hours into the 
average number of hours of such employee's regularly scheduled 
workweek. This section shall become effective on October 1, 
1980.

Sec. 3405. Nonapplicability

    (a) If, on the date of enactment of this chapter, there is 
in effect with respect to positions within an agency a 
collective-bargaining agreement which establishes the number of 
hours of employment a week, then this chapter shall not apply 
to those positions.
    (b) This chapter shall not require part-time career 
employment in positions the rate of basic pay for which is 
fixed at a rate equal to or greater than the minimum rate 
payable under section 5376.

Sec. 3406. Regulations

    Before any regulation is prescribed under this chapter, a 
copy of the proposed regulation shall be published in the 
Federal Register and an opportunity provided to interested 
parties to present written comment and, where practicable, oral 
comment. Initial regulations shall be prescribed not later than 
180 days after the date of the enactment of this chapter.

[Sec. 3407. Repealed. Pub. L. 104-66, Sec. 3001(a)(1), Dec. 21, 1995, 
                    109 Stat. 733.]

Sec. 3408. Employee organization representation

    If an employee organization has been accorded exclusive 
recognition with respect to a unit within an agency, then the 
employee organization shall be entitled to represent all 
employees within that unit employed on a part-time career 
employment basis.


    CHAPTER 35--RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT

                   SUBCHAPTER I--RETENTION PREFERENCE

Sec.
3501.    Definitions; application.
3502.    Order of retention.
3503.    Transfer of functions.
3504.    Preference eligibles; retention; physical qualifications; 
          waiver.

                        [SUBCHAPTER II--REPEALED]

[3551.   Repealed.]

SUBCHAPTER III--REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL 
                          FOR NATIONAL SECURITY

3571.    Reinstatement or restoration; individuals suspended or removed 
          for national security.

    SUBCHAPTER IV--REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL 
                              ORGANIZATION

3581.    Definitions.
3582.    Rights of transferring employees.
3583.    Computations.
3584.    Regulations.

 SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE 
                        SENIOR EXECUTIVE SERVICE

3591.    Definitions.
3592.    Removal from the Senior Executive Service.
3593.    Reinstatement in the Senior Executive Service.
3594.    Guaranteed placement in other personnel systems.
3595.    Reduction in force in the Senior Executive Service.
3595a.   Furlough in the Senior Executive Service.
3596.    Regulations.

SUBCHAPTER VI--REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN 
                                 SERVICE

3597.    Reemployment following limited appointment in the Foreign 
          Service.

                   SUBCHAPTER I--RETENTION PREFERENCE

Sec. 3501. Definitions; application

    (a) For the purpose of this subchapter, except section 
3504--
            (1) ``active service'' has the meaning given it by 
        section 101 of title 37;
            (2) ``a retired member of a uniformed service'' 
        means a member or former member of a uniformed service 
        who is entitled, under statute, to retired, retirement, 
        or retainer pay on account of his service as such a 
        member; and
            (3) a preference eligible employee who is a retired 
        member of a uniformed service is considered a 
        preference eligible only if--
                    (A) his retirement was based on 
                disability--
                            (i) resulting from injury or 
                        disease received in line of duty as a 
                        direct result of armed conflict; or
                            (ii) caused by an instrumentality 
                        of war and incurred in the line of duty 
                        during a period of war as defined by 
                        sections 101 and 301 of title 38;
                    (B) his service does not include twenty or 
                more years of full-time active service, 
                regardless of when performed but not including 
                period of active duty for training; or
                    (C) on November 30, 1964, he was employed 
                in a position to which this subchapter applies 
                and thereafter he continued to be so employed 
                without a break in service of more than 30 
                days.
    (b) Except as otherwise provided by this subsection and 
section 3504 of this title, this subchapter applies to each 
employee in or under an Executive agency. This subchapter does 
not apply to an employee whose appointment is required by 
Congress to be confirmed by, or made with the advice and 
consent of, the Senate or to a member of the Senior Executive 
Service or the Federal Bureau of Investigation and Drug 
Enforcement Administration Senior Executive Service.

Sec. 3502. Order of retention

    (a) The Office of Personnel Management shall prescribe 
regulations for the release of competing employees in a 
reduction in force which give due effect to--
            (1) tenure of employment;
            (2) military preference, subject to section 
        3501(a)(3) of this title;
            (3) length of service; and
            (4) efficiency or performance ratings.
In computing length of service, a competing employee--
            (A) who is not a retired member of a uniformed 
        service is entitled to credit for the total length of 
        time in active service in the armed forces;
            (B) who is a retired member of a uniformed service 
        is entitled to credit for--
                    (i) the length of time in active service in 
                the armed forces during a war, or in a campaign 
                or expedition for which a campaign badge has 
                been authorized; or
                    (ii) the total length of time in active 
                service in the armed forces if he is included 
                under section 3501(a)(3) (A), (B), or (C) of 
                this title; and
            (C) is entitled to credit for--
                    (i) service rendered as an employee of a 
                county committee established pursuant to 
                section 8(b) of the Soil Conservation and 
                Allotment Act or of a committee or association 
                of producers described in section 10(b) of the 
                Agricultural Adjustment Act; and
                    (ii) service rendered as an employee 
                described in section 2105(c) if such employee 
                moves or has moved, on or after January 1, 
                1966, without a break in service of more than 3 
                days, from a position in a nonappropriated fund 
                instrumentality of the Department of Defense or 
                the Coast Guard to a position in the Department 
                of Defense or the Coast Guard, respectively, 
                that is not described in section 2105(c).
    (b) A preference eligible described in section 2108(3)(C) 
of this title who has a compensable service-connected 
disability of 30 percent or more and whose performance has not 
been rated unacceptable under a performance appraisal system 
implemented under chapter 43 of this title is entitled to be 
retained in preference to other preference eligibles.
    (c) An employee who is entitled to retention preference and 
whose performance has not been rated unacceptable under a 
performance appraisal system implemented under chapter 43 of 
this title is entitled to be retained in preference to other 
competing employees.
    (d)(1) Except as provided under subsection (e), an employee 
may not be released, due to a reduction in force, unless--
            (A) such employee and such employee's exclusive 
        representative for collective-bargaining purposes (if 
        any) are given written notice, in conformance with the 
        requirements of paragraph (2), at least 60 days before 
        such employee is so released; and
            (B) if the reduction in force would involve the 
        separation of a significant number of employees, the 
        requirements of paragraph (3) are met at least 60 days 
        before any employee is so released.
    (2) Any notice under paragraph (1)(A) shall include--
            (A) the personnel action to be taken with respect 
        to the employee involved;
            (B) the effective date of the action;
            (C) a description of the procedures applicable in 
        identifying employees for release;
            (D) the employee's ranking relative to other 
        competing employees, and how that ranking was 
        determined; and
            (E) a description of any appeal or other rights 
        which may be available.
    (3) Notice under paragraph (1)(B)--
            (A) shall be given to--
                    (i) the State or entity designated by the 
                State to carry out rapid response activities 
                under section 134(a)(2)(A) of the Workforce 
                Investment Act of 1998; and
                    (ii) the chief elected official of such 
                unit or each of such units of local government 
                as may be appropriate; and
            (B) shall consist of written notification as to--
                    (i) the number of employees to be separated 
                from service due to the reduction in force 
                (broken down by geographic area or on such 
                other basis as may be required under paragraph 
                (4));
                    (ii) when those separations will occur; and
                    (iii) any other matter which might 
                facilitate the delivery of rapid response 
                assistance or other services under title I of 
                the Workforce Investment Act of 1998.
    (4) The Office shall prescribe such regulations as may be 
necessary to carry out this subsection. The Office shall 
consult with the Secretary of Labor on matters relating to 
title I of the Workforce Investment Act of 1998.
    (e)(1) Subject to paragraph (3), upon request submitted 
under paragraph (2), the President may, in writing, shorten the 
period of advance notice required under subsection (d)(1)(A) 
and (B), with respect to a particular reduction in force, if 
necessary because of circumstances not reasonably foreseeable.
    (2) A request to shorten notice periods shall be submitted 
to the President by the head of the agency involved, and shall 
indicate the reduction in force to which the request pertains, 
the number of days by which the agency head requests that the 
periods be shortened, and the reasons why the request is 
necessary.
    (3) No notice period may be shortened to less than 30 days 
under this subsection.
    (f)(1) The Secretary of Defense or the Secretary of a 
military department may--
            (A) separate from service any employee who 
        volunteers to be separated under this subparagraph even 
        though the employee is not otherwise subject to 
        separation due to a reduction in force; and
            (B) for each employee voluntarily separated under 
        subparagraph (A), retain an employee in a similar 
        position who would otherwise be separated due to a 
        reduction in force.
    (2) The separation of an employee under paragraph (1)(A) 
shall be treated as an involuntary separation due to a 
reduction in force.
    (3) An employee with critical knowledge and skills (as 
defined by the Secretary concerned) may not participate in a 
voluntary separation under paragraph (1)(A) if the Secretary 
concerned determines that such participation would impair the 
performance of the mission of the Department of Defense or the 
military department concerned.
    (4) The regulations prescribed under this section shall 
incorporate the authority provided in this subsection.
    (5) No authority under paragraph (1) may be exercised after 
September 30, 2005.

Sec. 3503. Transfer of functions

    (a) When a function is transferred from one agency to 
another, each competing employee in the function shall be 
transferred to the receiving agency for employment in a 
position for which he is qualified before the receiving agency 
may make an appointment from another source to that position.
    (b) When one agency is replaced by another, each competing 
employee in the agency to be replaced shall be transferred to 
the replacing agency for employment in a position for which he 
is qualified before the replacing agency may make an 
appointment from another source to that position.

Sec. 3504. Preference eligibles; retention; physical qualifications; 
                    waiver

    (a) In determining qualifications of a preference eligible 
for retention in a position in the competitive service, an 
Executive agency, or the government of the District of 
Columbia, the Office of Personnel Management or other examining 
agency shall waive--
            (1) requirements as to age, height, and weight, 
        unless the requirement is essential to the performance 
        of the duties of the position; and
            (2) physical requirements if, in the opinion of the 
        Office or other examining agency, after considering the 
        recommendation of an accredited physician, the 
        preference eligible is physically able to perform 
        efficiently the duties of the position.
    (b) If an examining agency determines that, on the basis of 
evidence before it, a preference eligible described in section 
2108(3)(C) of this title who has a compensable service-
connected disability of 30 percent or more is not able to 
fulfill the physical requirements of the position, the 
examining agency shall notify the Office of the determination 
and, at the same time, the examining agency shall notify the 
preference eligible of the reasons for the determination and of 
the right to respond, within 15 days of the date of the 
notification, to the Office. The Office shall require a 
demonstration by the appointing authority that the notification 
was timely sent to the preference eligible's last known address 
and shall, before the selection of any other person for the 
position, make a final determination on the physical ability of 
the preference eligible to perform the duties of the position, 
taking into account any additional information provided in the 
response. When the Office has completed its review of the 
proposed disqualification on the basis of physical disability, 
it shall send its findings to the appointing authority and the 
preference eligible. The appointing authority shall comply with 
the findings of the Office. The functions of the Office under 
this subsection may not be delegated.


    [SUBCHAPTER II--RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY]

[Sec. 3551. Repealed. Section 2(b)(2)(B) of P.L. 103-353, 108 Stat. 
                    3169.]


   SUBCHAPTER III--REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR 
                     REMOVAL FOR NATIONAL  SECURITY

Sec. 3571. Reinstatement or restoration; individuals suspended or 
                    removed for national security

    An individual suspended or removed under section 7532 of 
this title may be restored to duty in the discretion of the 
head of the agency concerned.


    SUBCHAPTER IV--REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL 
                              ORGANIZATION

Sec. 3581. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) a military department; and
                    (C) an employing authority in the 
                legislative branch;
            (2) ``employee'' means an employee in or under an 
        agency;
            (3) ``international organization'' means a public 
        international organization or international-
        organization preparatory commission in which the 
        Government of the United States participates;
            (4) ``transfer'' means the change of position by an 
        employee from an agency to an international 
        organization; and
            (5) ``reemployment'' means--
                    (A) the reemployment of an employee under 
                section 3582(b) of this title; or
                    (B) the reemployment of a Congressional 
                employee within 90 days from his separation 
                from an international organization;
        following a term of employment not extending beyond the 
        period named by the head of the agency at the time of 
        consent to transfer or, in the absence of a named 
        period, not extending beyond the first 5 consecutive 
        years, or any extension thereof, after entering the 
        employ of the international organization.

Sec. 3582. Rights of transferring employees

    (a) An employee serving under an appointment not limited to 
1 year or less who transfers to an international organization 
with the consent of the head of his agency is entitled--
            (1) to retain coverage, rights, and benefits under 
        any system established by law for the retirement of 
        employees, if necessary employee deductions and agency 
        contributions in payment for the coverage, rights, and 
        benefits for the period of employment with the 
        international organization are currently deposited in 
        the system's fund or depository; and the period during 
        which coverage, rights, and benefits are retained under 
        this paragraph is deemed creditable service under the 
        system, except that such service shall not be 
        considered creditable service for the purpose of any 
        retirement system for transferring personnel, if such 
        service forms the basis, in whole or in part, for an 
        annuity or pension under the retirement system of the 
        international organization;
            (2) to retain coverage, rights, and benefits under 
        chapters 87 and 89 of this title, if necessary employee 
        deductions and agency contributions in payment for the 
        coverage, rights, and benefits for the period of 
        employment with the international organization are 
        currently deposited in the Employees' Life Insurance 
        Fund and the Employees' Health Benefits Fund, as 
        applicable, and the period during which coverage, 
        rights, and benefits are retained under this paragraph 
        is deemed service as an employee under chapters 87 and 
        89 of this title;
            (3) to retain coverage, rights, and benefits under 
        subchapter I of chapter 81 of this title, and for this 
        purpose his employment with the international 
        organization is deemed employment by the United States, 
        but if he or his dependents receive from the 
        international organization a payment, allowance, 
        gratuity, payment under an insurance policy for which 
        the premium is wholly paid by the international 
        organization, or other benefit of any kind on account 
        of the same injury or death, the amount thereof, is 
        credited against disability or death compensation, as 
        the case may be, payable under subchapter I of chapter 
        81 of this title; and
            (4) to elect to retain to his credit all 
        accumulated and current accrued annual leave to which 
        entitled at the time of transfer which would otherwise 
        be liquidated by a lump-sum payment. On his request at 
        any time before reemployment, he shall be paid for the 
        annual leave retained. If he receives a lump-sum 
        payment and is reemployed within 6 months after 
        transfer, he shall refund to the agency the amount of 
        the lump-sum payment. This paragraph does not operate 
        to cause a forfeiture of retained annual leave 
        following reemployment or to deprive an employee of a 
        lump-sum payment to which he would otherwise be 
        entitled.
    (b) An employee entitled to the benefits of subsection (a) 
of this section is entitled to be reemployed within 30 days of 
his application for reemployment in his former position or a 
position of like seniority, status, and pay in the agency from 
which he transferred, if--
            (1) he is separated from the international 
        organization within 5 years, or any extension thereof, 
        after entering on duty with the international 
        organization or within such shorter period as may be 
        named by the head of the agency at the time of consent 
        to transfer; and
            (2) he applies for reemployment not later than 90 
        days after the separation.
On reemployment, an employee entitled to the benefits of 
subsection (a) is entitled to the rate of basic pay to which 
the employee would have been entitled had the employee remained 
in the civil service. On reemployment, the agency shall restore 
the sick leave account of the employee, by credit or charge, to 
its status at the time of transfer. The period of separation 
caused by the employment of the employee with the international 
organization and the period necessary to effect reemployment 
are deemed creditable service for all appropriate civil service 
employment purposes. This subsection does not apply to a 
congressional employee.
    (c) This section applies only with respect to so much of a 
period of employment with an international organization as does 
not exceed 5 years, or any extension thereof, or such shorter 
period named by the head of the agency at the time of consent 
to transfer, except that for retirement and insurance purposes 
this section continues to apply during the period after 
separation from the international organization in which--
            (1) an employee, except a Congressional employee, 
        is properly exercising or could exercise the 
        reemployment right established by subsection (b) of 
        this section; or
            (2) a Congressional employee is effecting or could 
        effect a reemployment.
During that reemployment period, the employee is deemed on 
leave without pay for retirement and insurance purposes.
    (d) During the employee's period of service with the 
international organization, the agency from which the employee 
is transferred shall make contributions for retirement and 
insurance purposes from the appropriations or funds of that 
agency so long as contributions are made by the employee.

Sec. 3583. Computations

    A computation under this subchapter before reemployment is 
made in the same manner as if the employee had received basic 
pay, or basic pay plus additional pay in the case of a 
Congressional employee, at the rate at which it would have been 
payable had the employee continued in the position in which he 
was serving at the time of transfer.

Sec. 3584. Regulations

    The President may prescribe regulations necessary to carry 
out this subchapter and section 3343 of this title and to 
protect and assure the retirement, insurance, leave, and 
reemployment rights and such other similar civil service 
employment rights as he finds appropriate. The regulations may 
provide for the exclusion of employees from the application of 
this subchapter and section 3343 of this title on the basis of 
the nature and type of employment including excepted 
appointments of a confidential or policy-determining character, 
or conditions pertaining to the employment including short-term 
appointments, seasonal or intermittent employment, and part-
time employment.


 SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE 
                        SENIOR EXECUTIVE SERVICE

Sec. 3591. Definitions

    For the purpose of this subchapter, ``agency'', ``Senior 
Executive Service position'', ``senior executive'', ``career 
appointee'', ``limited term appointee'', ``limited emergency 
appointee'', ``noncareer appointee'', and ``general position'' 
have the meanings set forth in section 3132(a) of this title.

Sec. 3592. Removal from the Senior Executive Service

    (a) Except as provided in subsection (b) of this section, a 
career appointee may be removed from the Senior Executive 
Service to a civil service position outside of the Senior 
Executive Service--
            (1) during the 1-year period of probation under 
        section 3393(d) of this title,
            (2) at any time for less than fully successful 
        executive performance as determined under subchapter II 
        of chapter 43 of this title, or
            (3) if the career appointee is not recertified as a 
        senior executive under section 3393a,
except that in the case of a removal under paragraph (2) of 
this subsection the career appointee shall, at least 15 days 
before the removal, be entitled, upon request, to an informal 
hearing before an official designated by the Merit Systems 
Protection Board at which the career appointee may appear and 
present arguments, but such hearing shall not give the career 
appointee the right to initiate an action with the Board under 
section 7701 of this title, nor need the removal action be 
delayed as a result of the granting of such hearing. In the 
case of a removal under paragraph (3) of this subsection, the 
career appointee shall have the right to appeal the removal 
from the Senior Executive Service to the Merit Systems 
Protection Board under section 7701.
    (b)(1) Except as provided in paragraph (2) of this 
subsection, a career appointee in an agency may not be 
involuntarily removed--
            (A) within 120 days after an appointment of the 
        head of the agency; or
            (B) within 120 days after the appointment in the 
        agency of the career appointee's most immediate 
        supervisor who--
                    (i) is a noncareer appointee; and
                    (ii) has the authority to remove the career 
                appointee.
    (2) Paragraph (1) of this subsection does not apply with 
respect to--
            (A) any removal under section 4314(b)(3) of this 
        title; or
            (B) any disciplinary action initiated before an 
        appointment referred to in paragraph (1) of this 
        subsection.
    (c) A limited emergency appointee, limited term appointee, 
or noncareer appointee may be removed from the service at any 
time.

Sec. 3593. Reinstatement in the Senior Executive Service

    (a) A former career appointee may be reinstated, without 
regard to section 3393(b) and (c) of this title, to any Senior 
Executive Service position for which the appointee is qualified 
if--
            (1) the appointee has successfully completed the 
        probationary period established under section 3393(d) 
        of this title; and
            (2) the appointee left the Senior Executive Service 
        for reasons other than misconduct, neglect of duty, 
        malfeasance, less than fully successful executive 
        performance as determined under subchapter II of 
        chapter 43 of this title, or failure to be recertified 
        as a senior executive under section 3393a.
    (b) A career appointee who is appointed by the President to 
any civil service position outside the Senior Executive Service 
and who leaves the position for reasons other than misconduct, 
neglect of duty, or malfeasance shall be entitled to be placed 
in the Senior Executive Service if the appointee applies to the 
Office of Personnel Management within 90 days after separation 
from the Presidential appointment.
    (c)(1) A former career appointee shall be reinstated, 
without regard to section 3393(b) and (c) of this title, to any 
vacant Senior Executive Service position in an agency for which 
the appointee is qualified if--
            (A) the individual was a career appointee on May 
        31, 1981;
            (B) the appointee was removed from the Senior 
        Executive Service under section 3595 of this title 
        before October 1, 1984, due to a reduction in force in 
        that agency;
            (C) before the removal occurred, the appointee 
        successfully completed the probationary period 
        established under section 3393(d) of this title; and
            (D) the appointee applies for that vacant position 
        within one year after the Office receives certification 
        regarding that appointee pursuant to section 
        3595(b)(3)(B) of this title.
    (2) A career appointee is entitled to appeal to the Merit 
Systems Protection Board under section 7701 of this title any 
determination by the agency that the appointee is not qualified 
for a position for which the appointee applies under paragraph 
(1) of this subsection.

Sec. 3594. Guaranteed placement in other personnel systems

    (a) A career appointee who was appointed from a civil 
service position held under a career or career-conditional 
appointment (or an appointment of equivalent tenure, as 
determined by the Office of Personnel Management) and who, for 
reasons other than misconduct, neglect of duty, or malfeasance, 
is removed from the Senior Executive Service during the 
probationary period under section 3393(d) of this title, shall 
be entitled to be placed in a civil service position (other 
than a Senior Executive Service position) in any agency.
    (b) A career appointee who has completed the probationary 
period under section 3393(d) of this title, and who--
            (1) is removed from the Senior Executive Service 
        for less than fully successful executive performance as 
        determined under subchapter II of chapter 43 of this 
        title;
            (2) is removed from the Senior Executive Service 
        under paragraph (4) or (5) of section 3595(b) of this 
        title; or
            (3) is removed from the Senior Executive Service 
        for failure to be recertified under section 3393a;
shall be entitled to be placed in a civil service position 
(other than a Senior Executive Service position) in any agency.
    (c)(1) For purposes of subsections (a) and (b) of this 
section--
            (A) the position in which any career appointee is 
        placed under such subsections shall be a continuing 
        position at GS-15 of the General Schedule or classified 
        above GS-15 pursuant to section 5108, or an equivalent 
        position, and, in the case of a career appointee 
        referred to in subsection (a) of this section, the 
        career appointee shall be entitled to an appointment of 
        a tenure equivalent to the tenure of the appointment 
        held in the position from which the career appointee 
        was appointed;
            (B) any career appointee placed under subsection 
        (a) or (b) of this section shall be entitled to receive 
        basic pay at the highest of--
                    (i) the rate of basic pay in effect for the 
                position in which placed;
                    (ii) the rate of basic pay in effect at the 
                time of the placement for the position the 
                career appointee held in the civil service 
                immediately before being appointed to the 
                Senior Executive Service; or
                    (iii) the rate of basic pay in effect for 
                the career appointee immediately before being 
                placed under subsection (a) or (b) of this 
                section; and
            (C) the placement of any career appointee under 
        subsection (a) or (b) of this section may not be made 
        to a position which would cause the separation or 
        reduction in grade of any other employee.
    (2) An employee who is receiving basic pay under paragraph 
(1)(B)(ii) or (iii) of this subsection is entitled to have the 
basic pay rate of the employee increased by 50 percent of the 
amount of each increase in the maximum rate of basic pay for 
the grade of the position in which the employee is placed under 
subsection (a) or (b) of this section until the rate is equal 
to the rate in effect under paragraph (1)(B)(i) of this 
subsection for the position in which the employee is placed.

Sec. 3595. Reduction in force in the Senior Executive Service

    (a) An agency shall establish competitive procedures for 
determining who shall be removed from the Senior Executive 
Service in any reduction in force of career appointees within 
that agency. The competitive procedures shall be designed to 
assure that such determinations are primarily on the basis of 
performance, as determined under subchapter II of chapter 43 of 
this title.
    (b)(1) This subsection applies to any career appointee who 
has successfully completed the probationary period prescribed 
under section 3393(d) of this title.
    (2) Except as provided in paragraphs (4) and (5), a career 
appointee may not be removed from the Senior Executive Service 
due to a reduction in force within an agency.
    (3) A career appointee who, but for this subsection, would 
be removed from the Senior Executive Service due to a reduction 
in force within an agency--
            (A) is entitled to be assigned by the head of that 
        agency to a vacant Senior Executive Service position 
        for which the career appointee is qualified; or
            (B) if the agency head certifies, in writing, to 
        the Office of Personnel Management that no such 
        position is available in the agency, shall be placed by 
        the Office in any agency in any vacant Senior Executive 
        Service position unless the head of the agency 
        determines that the career appointee is not qualified 
        for that position.
The Office of Personnel Management shall take all reasonable 
steps to place a career appointee under subparagraph (B) and 
may require any agency to take any action which the Office 
considers necessary to carry out any such placement.
    (4) A career appointee who is not assigned under paragraph 
(3)(A) may be removed from the Senior Executive Service due to 
a reduction in force if the career appointee declines a 
reasonable offer for placement in a Senior Executive Service 
position under paragraph (3)(B).
    (5) A career appointee who is not assigned under paragraph 
(3)(A) may be removed from the Senior Executive Service due to 
a reduction in force if the career appointee is not placed in 
another Senior Executive Service position under paragraph 
(3)(B) within 45 days after the Office receives certification 
regarding that appointee under paragraph (3)(B).
    (c) A career appointee is entitled to appeal to the Merit 
Systems Protection Board under section 7701 of this title 
whether the reduction in force complies with the competitive 
procedures required under subsection (a).
    (d) For purposes of this section, ``reduction in force'' 
includes the elimination or modification of a position due to a 
reorganization, due to a lack of funds or curtailment of work, 
or due to any other factor.
    (e) The Office shall prescribe regulations under which the 
rights accorded to a career appointee in the event of a 
transfer of function are comparable to the rights accorded to a 
competing employee under section 3503 of this title in the 
event of such a transfer.

Sec. 3595a. Furlough in the Senior Executive Service

    (a) For the purposes of this section, ``furlough'' means 
the placement of a senior executive in a temporary status in 
which the senior executive has no duties and is not paid when 
the placement in such status is by reason of insufficient work 
or funds or for other nondisciplinary reasons.
    (b) An agency may furlough a career appointee only in 
accordance with regulations issued by the Office of Personnel 
Management.
    (c) A career appointee who is furloughed is entitled to 
appeal to the Merit Systems Protection Board under section 7701 
of this title.

Sec. 3596. Regulations

    The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this subchapter.


   SUBCHAPTER VI--REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE 
                            FOREIGN SERVICE

Sec. 3597. Reemployment following limited appointment in the Foreign 
                    Service

    An employee of any agency who accepts, with the consent of 
the head of that agency, a limited appointment in the Foreign 
Service under section 309 of the Foreign Service Act of 1980 is 
entitled, upon the expiration of that appointment, to be 
reemployed in that employee's former position or in a 
corresponding or higher position in that agency. Upon 
reemployment under this section, an employee shall be entitled 
to any within-grade increases in pay which the employee would 
have received if the employee had remained in the former 
position in the agency.


                    Subpart C--Employee Performance

                          CHAPTER 41--TRAINING

Sec.
4101.    Definitions.
4102.    Exceptions; Presidential authority.
4103.    Establishment of training programs.
4104.    Government facilities; use of.
4105.    Non-Government facilities; use of.
[4106.   Repealed.]
4107.    Restriction on degree training.
4108.    Employee agreements; service after training.
4109.    Expenses of training.
4110.    Expenses of attendance at meetings.
4111.    Acceptance of contributions, awards, and other payments.
4112.    Absorption of costs within funds available.
[4113.   Repealed.]
[4114.   Repealed.]
4115.    Collection of training information.
4116.    Training program assistance.
4117.    Administration.
4118.    Regulations.
4119.    Training for employees under the Office of the Architect of the 
          Capitol and the Botanic Garden.

Sec. 4101. Definitions

    For the purpose of this chapter--
            (1) ``agency'', subject to section 4102 of this 
        title, means--
                    (A) an Executive department;
                    (B) an independent establishment;
                    (C) a Government corporation subject to 
                chapter 91 of title 31;
                    (D) the Library of Congress;
                    (E) the Government Printing Office; and
                    (F) the government of the District of 
                Columbia;
            (2) ``employee'', subject to section 4102 of this 
        title, means--
                    (A) an individual employed in or under an 
                agency; and
                    (B) a commissioned officer of the 
                Environmental Science Services Administration;
            (3) ``Government'' means the Government of the 
        United States and the government of the District of 
        Columbia;
            (4) ``training'' means the process of providing for 
        and making available to an employee, and placing or 
        enrolling the employee in, a planned, prepared, and 
        coordinated program, course, curriculum, subject, 
        system, or routine of instruction or education, in 
        scientific, professional, technical, mechanical, trade, 
        clerical, fiscal, administrative, or other fields which 
        will improve individual and organizational performance 
        and assist in achieving the agency's mission and 
        performance goals;
            (5) ``Government facility'' means property owned or 
        substantially controlled by the Government and the 
        services of any civilian and military personnel of the 
        Government; and
            (6) ``non-Government facility'' means--
                    (A) the government of a State or of a 
                territory or possession of the United States 
                including the Commonwealth of Puerto Rico, and 
                an interstate governmental organization, or a 
                unit, subdivision, or instrumentality of any of 
                the foregoing;
                    (B) a foreign government or international 
                organization, or instrumentality of either, 
                which is designated by the President as 
                eligible to provide training under this 
                chapter;
                    (C) a medical, scientific, technical, 
                educational, research, or professional 
                institution, foundation, or organization;
                    (D) a business, commercial, or industrial 
                firm, corporation, partnership, proprietorship, 
                or other organization;
                    (E) individuals other than civilian or 
                military personnel of the Government; and
                    (F) the services and property of any of the 
                foregoing furnishing the training.

Sec. 4102. Exceptions; Presidential authority

    (a)(1) This chapter does not apply to--
            (A) a corporation supervised by the Farm Credit 
        Administration if private interests elect or appoint a 
        member of the board of directors;
            (B) the Tennessee Valley Authority; or
            (C) an individual (except a commissioned officer of 
        the National Oceanic and Atmospheric Administration) 
        who is a member of a uniformed service during a period 
        in which he is entitled to pay under section 204 of 
        title 37.
    (2) This chapter (except sections 4110 and 4111) does not 
apply to--
            (A) the Foreign Service of the United States; or
            (B) an individual appointed by the President, 
        unless the individual is specifically designated by the 
        President for training under this chapter.
    (b) The President, at any time in the public interest, 
may--
            (1) except an agency or part thereof, or an 
        employee or group or class of employees therein, from 
        this chapter or a provision thereof (except this 
        section); and
            (2) withdraw an exception made under this 
        subsection.
However, the President may not except the Office of Personnel 
Management from a provision of this chapter which vests in or 
imposes on the Office a function, duty, or responsibility 
concerning any matter except the establishment, operation, and 
maintenance, in the same capacity as other agencies, of 
training programs and plans for its employees.

Sec. 4103. Establishment of training programs

    (a) In order to assist in achieving an agency's mission and 
performance goals by improving employee and organizational 
performance, the head of each agency, in conformity with this 
chapter, shall establish, operate, maintain, and evaluate a 
program or programs, and a plan or plans thereunder, for the 
training of employees in or under the agency by, in, and 
through Government facilities and non-Government facilities. 
Each program, and plan thereunder, shall--
            (1) conform to the principles, standards, and 
        related requirements contained in the regulations 
        prescribed under section 4118 of this title;
            (2) provide for adequate administrative control by 
        appropriate authority;
            (3) provide that information concerning the 
        selection and assignment of employees for training and 
        the applicable training limitations and restrictions be 
        made available to employees of the agency; and
            (4) provide for the encouragement of self-training 
        by employees by means of appropriate recognition of 
        resultant increases in proficiency, skill, and 
        capacity.
Two or more agencies jointly may operate under a training 
program.
    (b)(1) Notwithstanding any other provision of this chapter, 
an agency may train any employee of the agency to prepare the 
employee for placement in another agency if the head of the 
agency determines that such training would be in the interests 
of the Government.
    (2) In selecting an employee for training under this 
subsection, the head of the agency shall consider--
            (A) the extent to which the current skills, 
        knowledge, and abilities of the employee may be 
        utilized in the new position;
            (B) the employee's capability to learn skills and 
        acquire knowledge and abilities needed in the new 
        position; and
            (C) the benefits to the Government which would 
        result from such training.

Sec. 4104. Government facilities; use of

    An agency program for the training of employees by, in, and 
through Government facilities under this chapter shall--
            (1) provide for training, insofar as practicable, 
        by, in, and through Government facilities under the 
        jurisdiction or control of the agency; and
            (2) provide for the making by the agency, to the 
        extent necessary and appropriate, of agreements with 
        other agencies in any branch of the Government, on a 
        reimbursable basis when requested by the other 
        agencies, for--
                    (A) use of Government facilities under the 
                jurisdiction or control of the other agencies 
                in any branch of the Government; and
                    (B) extension to employees of the agency of 
                training programs of other agencies.

Sec. 4105. Non-Government facilities; use of

    The head of an agency, without regard to section 5 of title 
41, may make agreements or other arrangements for the training 
of employees of the agency by, in, or through non-Government 
facilities under this chapter.

[Sec. 4106. Repealed. Pub. L. 103-226, Sec. 2(a)(4), Mar. 31, 1994, 108 
                    Stat. 112.]

Sec. 4107. Restriction on degree training

    (a) Except as provided in subsections (b) and (c) of this 
section, this chapter does not authorize the selection and 
assignment of an employee for training, or the payment or 
reimbursement of the costs of training, for--
            (1) the purpose of providing an opportunity to an 
        employee to obtain an academic degree in order to 
        qualify for appointment to a particular position for 
        which the academic degree is a basic requirement; or
            (2) the sole purpose of providing an opportunity to 
        an employee to obtain one or more academic degrees.
    (b)(1) The regulations prescribed under section 4118 of 
this title shall include provisions under which the head of an 
agency may provide training, or payment or reimbursement for 
the costs of any training, not otherwise allowable under 
subsection (a) or (c) of this section, if necessary to assist 
in the recruitment or retention of employees in occupations in 
which the Government has or anticipates a shortage of qualified 
personnel, especially in occupations involving critical skills 
(as defined under such regulations).
    (2) In exercising any authority under this subsection, 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.
    (3) No authority under this subsection may be exercised on 
behalf of any employee occupying or seeking to qualify for 
appointment to any position which is excepted from the 
competitive service because of its confidential policy-
determining, policy-making, or policy-advocating character.
    (c) With respect to an employee of the Department of 
Defense--
            (1) this chapter does not authorize, except as 
        provided in subsection (b) of this section, the 
        selection and assignment of the employee for training, 
        or the payment or reimbursement of the costs of 
        training, for--
                    (A) the purpose of providing an opportunity 
                to the employee to obtain an academic degree in 
                order to qualify for appointment to a 
                particular position for which the academic 
                degree is a basic requirement; or
                    (B) the sole purpose of providing an 
                opportunity to the employee to obtain one or 
                more academic degrees, unless such opportunity 
                is part of a planned, systematic, and 
                coordinated program of professional development 
                endorsed by the Department of Defense; and
            (2) any course of post-secondary education 
        delivered through classroom, electronic, or other means 
        shall be administered or conducted by an institution 
        recognized under standards implemented by a national or 
        regional accrediting body, except in a case in which 
        such standards do not exist or the use of such 
        standards would not be appropriate.

Sec. 4108. Employee agreements; service after training

    (a) An employee selected for training for more than a 
minimum period prescribed by the head of the agency shall agree 
in writing with the Government before assignment to training 
that he will--
            (1) continue in the service of his agency after the 
        end of the training period for a period at least equal 
        to three times the length of the training period unless 
        he is involuntarily separated from the service of his 
        agency; and
            (2) pay to the Government the amount of the 
        additional expenses incurred by the Government in 
        connection with his training if he is voluntarily 
        separated from the service of his agency before the end 
        of the period for which he has agreed to continue in 
        the service of his agency.
    (b) The payment agreed to under subsection (a)(2) of this 
section may not be required of an employee who leaves the 
service of his agency to enter into the service of another 
agency in any branch of the Government unless the head of the 
agency that authorized the training notifies the employee 
before the effective date of his entrance into the service of 
the other agency that payment will be required under this 
section.
    (c) If an employee, except an employee relieved of 
liability under subsection (b) of this section or section 
4102(b) of this title, fails to fulfill his agreement to pay to 
the Government the additional expenses incurred by the 
Government in connection with his training, a sum equal to the 
amount of the additional expenses of training is recoverable by 
the Government from the employee or his estate by--
            (1) setoff against accrued pay, compensation, 
        amount of retirement credit, or other amount due the 
        employee from the Government; and
            (2) such other method as is provided by law for the 
        recovery of amounts owing to the Government.
The head of the agency concerned, under the regulations 
prescribed under section 4118 of this title, may waive in whole 
or in part a right of recovery under this subsection, if it is 
shown that the recovery would be against equity and good 
conscience or against the public interest.
    (d) For purposes of this section, ``training'' includes a 
private sector assignment of an employee participating in the 
Executive Exchange Program of the President's Commission on 
Executive Exchange.

Sec. 4109. Expenses of training

    (a) The head of an agency, under the regulations prescribed 
under section 4118(a)(8) of this title and from appropriations 
or other funds available to the agency, may--
            (1) pay all or a part of the pay (except overtime, 
        holiday, or night differential pay) of an employee of 
        the agency selected and assigned for training under 
        this chapter, for the period of training; and
            (2) pay, or reimburse the employee for, all or a 
        part of the necessary expenses of the training, without 
        regard to section 3324(a) and (b) of title 31, 
        including among the expenses the necessary costs of--
                    (A) travel and per diem instead of 
                subsistence under subchapter I of chapter 57 of 
                this title or, in the case of commissioned 
                officers of the National Oceanic and 
                Atmospheric Administration, sections 404 and 
                405 of title 37, and the Joint Travel 
                Regulations for the Uniformed Services;
                    (B) transportation of immediate family, 
                household goods and personal effects, packing, 
                crating, temporarily storing, draying, and 
                unpacking under section 5724 of this title or, 
                in the case of commissioned officers of the 
                National Oceanic and Atmospheric 
                Administration, sections 406 and 409 of title 
                37, and the Joint Travel Regulations for the 
                Uniformed Services, when the estimated costs of 
                transportation and related services are less 
                than the estimated aggregate per diem payments 
                for the period of training;
                    (C) tuition and matriculation fees;
                    (D) library and laboratory services;
                    (E) purchase or rental of books, materials, 
                and supplies; and
                    (F) other services or facilities directly 
                related to the training of the employee.
    (b) The expenses of training do not include membership fees 
except to the extent that the fee is a necessary cost directly 
related to the training itself or that payment of the fee is a 
condition precedent to undergoing the training.
    (c) Notwithstanding subsection (a)(1) of this section, the 
Administrator, Federal Aviation Administration, may pay an 
individual training to be an air traffic controller of such 
Administration, and the Secretary of Defense may pay an 
individual training to be an air traffic controller of the 
Department of Defense, during the period of such training, at 
the applicable rate of basic pay for the hours of training 
officially ordered or approved in excess of forty hours in an 
administrative workweek.
    (d) Notwithstanding subsection (a)(1), a firefighter who is 
subject to section 5545b of this title shall be paid basic pay 
and overtime pay for the firefighter's regular tour of duty 
while attending agency sanctioned training.

Sec. 4110. Expenses of attendance at meetings

    Appropriations available to an agency for travel expenses 
are available for expenses of attendance at meetings which are 
concerned with the functions or activities for which the 
appropriation is made or which will contribute to improved 
conduct, supervision, or management of the functions or 
activities.

Sec. 4111. Acceptance of contributions, awards, and other payments

    (a) To the extent authorized by regulation of the 
President, contributions and awards incident to training in 
non-Government facilities, and payment of travel, subsistence, 
and other expenses incident to attendance at meetings, may be 
made to and accepted by an employee, without regard to section 
209 of title 18, if the contributions, awards, and payments are 
made by an organization determined by the Secretary of the 
Treasury to be an organization described by section 501(c)(3) 
of title 26 which is exempt from taxation under section 501(a) 
of title 26.
    (b) When a contribution, award, or payment, in cash or in 
kind, is made to an employee for travel, subsistence, or other 
expenses under subsection (a) of this section, an appropriate 
reduction, under regulations of the President, shall be made 
from payment by the Government to the employee for travel, 
subsistence, or other expenses incident to training in a non-
Government facility or to attendance at a meeting.

Sec. 4112. Absorption of costs within funds available

    (a) The President, to the extent he considers practicable, 
shall provide by regulation for the absorption of the costs of 
the training programs and plans under this chapter by the 
respective agencies from applicable appropriations or funds 
available for each fiscal year.
    (b) Subsection (a) of this section may not be held or 
considered to require--
            (1) the separation of an individual from the 
        service by reduction in force or other personnel 
        action; or
            (2) the placement of an individual in a leave-
        without-pay status.

[Sec. 4113. Repealed. Pub. L. 104-66, Sec. 2181(c)(1), Dec. 21, 1995, 
                    109 Stat. 732.]

[Sec. 4114. Repealed. Pub. L. 103-226, Sec. 2(a)(8), Mar. 31, 1994, 108 
                    Stat. 112.]

Sec. 4115. Collection of training information

    The Office of Personnel Management, to the extent it 
considers appropriate in the public interest, may collect 
information concerning training programs, plans, and the 
methods inside and outside the Government. The Office, on 
request, may make the information available to an agency and to 
Congress.

Sec. 4116. Training program assistance

    The Office of Personnel Management, on request of an 
agency, shall advise and assist in the establishment, 
operation, and maintenance of the training programs and plans 
of the agency under this chapter, to the extent of its 
facilities and personnel available for that purpose.

Sec. 4117. Administration

    The Office of Personnel Management has the responsibility 
and authority for effective promotion and coordination of the 
training programs under this chapter and training operations 
thereunder. The functions, duties, and responsibilities of the 
Office under this chapter are subject to supervision and 
control by the President and review by Congress.

Sec. 4118. Regulations

    (a) The Office of Personnel Management, after considering 
the needs and requirements of each agency for training its 
employees and after consulting with the agencies principally 
concerned, shall prescribe regulations containing the 
principles, standards, and related requirements for the 
programs, and plans thereunder, for the training of employees 
under this chapter, including requirements for coordination of 
and reasonable uniformity in the agency training programs and 
plans. The regulations shall provide for the maintenance of 
necessary information concerning the general conduct of the 
training activities of each agency, and such other information 
as is necessary to enable the President and Congress to 
discharge effectively their respective duties and 
responsibilities for supervision, control, and review of these 
training programs. The regulations also shall cover--
            (1) requirements concerning the determination and 
        continuing review by each agency of its training needs 
        and requirements;
            (2) the scope and conduct of the agency training 
        programs and plans;
            (3) the selection and assignment of employees of 
        each agency for training;
            (4) the use in each agency of the services of 
        employees who have undergone training;
            (5) the evaluation of the results and effects of 
        the training programs and plans;
            (6) the interchange of training information among 
        the agencies;
            (7) the submission of reports by the agencies on 
        results and effects of training programs and plans and 
        economies resulting therefrom, including estimates of 
        costs of training;
            (8) requirements and limitations necessary with 
        respect to payments and reimbursements in accordance 
        with section 4109 of this title; and
            (9) other matters considered appropriate or 
        necessary by the Office to carry out the provisions of 
        this chapter.
    (b) The Office, in accordance with this chapter, may 
revise, supplement, or abolish regulations prescribed under 
this section, and prescribe additional regulations.
    (c) This section does not authorize the Office to prescribe 
the types and methods of intra-agency training or to regulate 
the details of intra-agency training programs.

Sec. 4119. Training for employees under the Office of the Architect of 
                    the Capitol and the Botanic Garden

    (a) The Architect of the Capitol may, by regulation, make 
applicable such provisions of this chapter as the Architect 
determines necessary to provide for training of (1) individuals 
employed under the Office of the Architect of the Capitol and 
the Botanic Garden and (2) other congressional employees who 
are subject to the administrative control of the Architect. The 
regulations shall provide for training which, in the 
determination of the Architect, is consistent with the training 
provided by agencies under the preceding sections of this 
chapter.
    (b) The Office of Personnel Management shall provide the 
Architect of the Capitol with such advice and assistance as the 
Architect may request in order to enable the Architect to carry 
out the purposes of this section.


                   CHAPTER 43--PERFORMANCE APPRAISAL

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
4301.    Definitions.
4302.    Establishment of performance appraisal systems.
[4302a.  Repealed.]
4303.    Actions based on unacceptable performance.
4304.    Responsibilities of the Office of Personnel Management.
4305.    Regulations.

  SUBCHAPTER II--PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE

4311.    Definitions.
4312.    Senior Executive Service performance appraisal systems.
4313.    Criteria for performance appraisals.
4314.    Ratings for performance appraisals.
4315.    Regulations.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 4301. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency; and
                    (B) the Government Printing Office;
            but does not include--
                    (i) a Government corporation;
                    (ii) the Central Intelligence Agency, the 
                Defense Intelligence Agency, the National 
                Imagery and Mapping Agency, the National 
                Security Agency, or any Executive agency or 
                unit thereof which is designated by the 
                President and the principal function of which 
                is the conduct of foreign intelligence or 
                counterintelligence activities; or
                    (iii) the General Accounting Office;
            (2) ``employee'' means an individual employed in or 
        under an agency, but does not include--
                    (A) an employee outside the United States 
                who is paid in accordance with local native 
                prevailing wage rates for the area in which 
                employed;
                    (B) an individual in the Foreign Service of 
                the United States;
                    (C) a physician, dentist, nurse, or other 
                employee in the Veterans Health Administration 
                of the Department of Veterans Affairs whose pay 
                is fixed under chapter 73 of title 38;
                    (D) an administrative law judge appointed 
                under section 3105 of this title;
                    (E) an individual in the Senior Executive 
                Service or the Federal Bureau of Investigation 
                and Drug Enforcement Administration Senior 
                Executive Service;
                    (F) an individual appointed by the 
                President;
                    (G) an individual occupying a position not 
                in the competitive service excluded from 
                coverage of this subchapter by regulations of 
                the Office of Personnel Management; or
                    (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
            (3) ``unacceptable performance'' means performance 
        of an employee which fails to meet established 
        performance standards in one or more critical elements 
        of such employee's position.

Sec. 4302. Establishment of performance appraisal systems

    (a) Each agency shall develop one or more performance 
appraisal systems which--
            (1) provide for periodic appraisals of job 
        performance of employees;
            (2) encourage employee participation in 
        establishing performance standards; and
            (3) use the results of performance appraisals as a 
        basis for training, rewarding, reassigning, promoting, 
        reducing in grade, retaining, and removing employees.
    (b) Under regulations which the Office of Personnel 
Management shall prescribe, each performance appraisal system 
shall provide for--
            (1) establishing performance standards which will, 
        to the maximum extent feasible, permit the accurate 
        evaluation of job performance on the basis of objective 
        criteria (which may include the extent of courtesy 
        demonstrated to the public) related to the job in 
        question for each employee or position under the 
        system;
            (2) as soon as practicable, but not later than 
        October 1, 1981, with respect to initial appraisal 
        periods, and thereafter at the beginning of each 
        following appraisal period, communicating to each 
        employee the performance standards and the critical 
        elements of the employee's position;
            (3) evaluating each employee during the appraisal 
        period on such standards;
            (4) recognizing and rewarding employees whose 
        performance so warrants;
            (5) assisting employees in improving unacceptable 
        performance; and
            (6) reassigning, reducing in grade, or removing 
        employees who continue to have unacceptable performance 
        but only after an opportunity to demonstrate acceptable 
        performance.
    (c) In accordance with regulations which the Office shall 
prescribe, the head of an agency may administer and maintain a 
performance appraisal system electronically.

[Sec. 4302a. Repealed. Pub. L. 103-89, Sec. 3(b)(1)(B)(i), Sept. 30, 
                    1993, 107 Stat. 981.]

Sec. 4303. Actions based on unacceptable performance

    (a) Subject to the provisions of this section, an agency 
may reduce in grade or remove an employee for unacceptable 
performance.
    (b)(1) An employee whose reduction in grade or removal is 
proposed under this section is entitled to--
            (A) 30 days' advance written notice of the proposed 
        action which identifies--
                    (i) specific instances of unacceptable 
                performance by the employee on which the 
                proposed action is based; and
                    (ii) the critical elements of the 
                employee's position involved in each instance 
                of unacceptable performance;
            (B) be represented by an attorney or other 
        representative;
            (C) a reasonable time to answer orally and in 
        writing; and
            (D) a written decision which--
                    (i) in the case of a reduction in grade or 
                removal under this section, specifies the 
                instances of unacceptable performance by the 
                employee on which the reduction in grade or 
                removal is based, and
                    (ii) unless proposed by the head of the 
                agency, has been concurred in by an employee 
                who is in a higher position than the employee 
                who proposed the action.
    (2) An agency may, under regulations prescribed by the head 
of such agency, extend the notice period under subsection 
(b)(1)(A) of this section for not more than 30 days. An agency 
may extend the notice period for more than 30 days only in 
accordance with regulations issued by the Office of Personnel 
Management.
    (c) The decision to retain, reduce in grade, or remove an 
employee--
            (1) shall be made within 30 days after the date of 
        expiration of the notice period, and
            (2) in the case of a reduction in grade or removal, 
        may be based only on those instances of unacceptable 
        performance by the employee--
                    (A) which occurred during the 1-year period 
                ending on the date of the notice under 
                subsection (b)(1)(A) of this section in 
                connection with the decision; and
                    (B) for which the notice and other 
                requirements of this section are complied with.
    (d) If, because of performance improvement by the employee 
during the notice period, the employee is not reduced in grade 
or removed, and the employee's performance continues to be 
acceptable for 1 year from the date of the advance written 
notice provided under subsection (b)(1)(A) of this section, any 
entry or other notation of the unacceptable performance for 
which the action was proposed under this section shall be 
removed from any agency record relating to the employee.
    (e) Any employee who is--
            (1) a preference eligible;
            (2) in the competitive service; or
            (3) in the excepted service and covered by 
        subchapter II of chapter 75,
and who has been reduced in grade or removed under this section 
is entitled to appeal the action to the Merit Systems 
Protection Board under section 7701.
    (f) This section does not apply to--
            (1) the reduction to the grade previously held of a 
        supervisor or manager who has not completed the 
        probationary period under section 3321(a)(2) of this 
        title,
            (2) the reduction in grade or removal of an 
        employee in the competitive service who is serving a 
        probationary or trial period under an initial 
        appointment or who has not completed 1 year of current 
        continuous employment under other than a temporary 
        appointment limited to 1 year or less, or
            (3) the reduction in grade or removal of an 
        employee in the excepted service who has not completed 
        1 year of current continuous employment in the same or 
        similar positions.

Sec. 4304. Responsibilities of the Office of Personnel Management

    (a) The Office of Personnel Management shall make technical 
assistance available to agencies in the development of 
performance appraisal systems.
    (b)(1) The Office shall review each performance appraisal 
system developed by any agency under this section and determine 
whether the performance appraisal system meets the requirements 
of this subchapter.
    (2) The Comptroller General shall from time to time review 
on a selected basis performance appraisal systems established 
under this subchapter to determine the extent to which any such 
system meets the requirements of this subchapter and shall 
periodically report its findings to the Office and to the 
Congress.
    (3) If the Office determines that a system does not meet 
the requirements of this subchapter (including regulations 
prescribed under section 4305), the Office shall direct the 
agency to implement an appropriate system or to correct 
operations under the system, and any such agency shall take any 
action so required.

Sec. 4305. Regulations

    The Office of Personnel Management may prescribe 
regulations to carry out the purpose of this subchapter.


  SUBCHAPTER II--PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE

Sec. 4311. Definitions

    For the purpose of this subchapter, ``agency'', ``senior 
executive'', and ``career appointee'' have the meanings set 
forth in section 3132(a) of this title.

Sec. 4312. Senior Executive Service performance appraisal systems

    (a) Each agency shall, in accordance with standards 
established by the Office of Personnel Management, develop one 
or more performance appraisal systems designed to--
            (1) permit the accurate evaluation of performance 
        in any position on the basis of criteria which are 
        related to the position and which specify the critical 
        elements of the position;
            (2) provide for systematic appraisals of 
        performance of senior executives;
            (3) encourage excellence in performance by senior 
        executives; and
            (4) provide a basis for making eligibility 
        determinations for retention in the Senior Executive 
        Service and for Senior Executive Service performance 
        awards.
    (b) Each performance appraisal system established by an 
agency under subsection (a) of this section shall provide--
            (1) that, on or before the beginning of each rating 
        period, performance requirements for each senior 
        executive in the agency are established in consultation 
        with the senior executive and communicated to the 
        senior executive;
            (2) that written appraisals of performance are 
        based on the individual and organizational performance 
        requirements established for the rating period 
        involved; and
            (3) that each senior executive in the agency is 
        provided a copy of the appraisal and rating under 
        section 4314 of this title and is given an opportunity 
        to respond in writing and have the rating reviewed by 
        an employee, or (with the consent of the senior 
        executive) a commissioned officer in the uniformed 
        services serving on active duty, in a higher level in 
        the agency before the rating becomes final.
    (c)(1) The Office shall review each agency's performance 
appraisal system under this section, and determine whether the 
agency performance appraisal system meets the requirements of 
this subchapter.
    (2) The Comptroller General shall from time to time review 
performance appraisal systems under this section to determine 
the extent to which any such system meets the requirements 
under this subchapter and shall periodically report its 
findings to the Office and to each House of the Congress.
    (3) If the Office determines that an agency performance 
appraisal system does not meet the requirements under this 
subchapter (including regulations prescribed under section 
4315), the agency shall take such corrective action as may be 
required by the Office.
    (d) A senior executive may not appeal any appraisal and 
rating under any performance appraisal system under this 
section.

Sec. 4313. Criteria for performance appraisals

    Appraisals of performance in the Senior Executive Service 
shall be based on both individual and organizational 
performance, taking into account such factors as--
            (1) improvements in efficiency, productivity, and 
        quality of work or service, including any significant 
        reduction in paperwork;
            (2) cost efficiency;
            (3) timeliness of performance;
            (4) other indications of the effectiveness, 
        productivity, and performance quality of the employees 
        for whom the senior executive is responsible; and
            (5) meeting affirmative action goals, achievement 
        of equal employment opportunity requirements, and 
        compliance with the merit systems principles set forth 
        under section 2301 of this title.

Sec. 4314. Ratings for performance appraisals

    (a) Each performance appraisal system shall provide for 
annual summary ratings of levels of performance as follows:
            (1) one or more fully successful levels,
            (2) a minimally satisfactory level, and
            (3) an unsatisfactory level.
    (b) Each performance appraisal system shall provide that--
            (1) any appraisal and any rating under such 
        system--
                    (A) are made only after review and 
                evaluation by a performance review board 
                established under subsection (c) of this 
                section;
                    (B) are conducted at least annually, 
                subject to the limitation of subsection (c)(3) 
                of this section;
                    (C) in the case of a career appointee, may 
                not be made within 120 days after the beginning 
                of a new Presidential administration; and
                    (D) are based on performance during a 
                performance appraisal period the duration of 
                which shall be determined under guidelines 
                established by the Office of Personnel 
                Management, but which may be terminated in any 
                case in which the agency making an appraisal 
                determines that an adequate basis exists on 
                which to appraise and rate the senior 
                executive's performance;
            (2) any career appointee receiving a rating at any 
        of the fully successful levels under subsection (a)(1) 
        of this section may be given a performance award under 
        section 5384 of this title;
            (3) any senior executive receiving an 
        unsatisfactory rating under subsection (a)(3) of this 
        section shall be reassigned or transferred within the 
        Senior Executive Service, or removed from the Senior 
        Executive Service, but any senior executive who 
        receives 2 unsatisfactory ratings in any period of 5 
        consecutive years shall be removed from the Senior 
        Executive Service; and
            (4) any senior executive who twice in any period of 
        3 consecutive years receives less than fully successful 
        ratings shall be removed from the Senior Executive 
        Service.
    (c)(1) Each agency shall establish, in accordance with 
regulations prescribed by the Office, one or more performance 
review boards, as appropriate. It is the function of the boards 
to make recommendations to the appropriate appointing authority 
of the agency relating to the performance of senior executives 
in the agency.
    (2) The supervising official of the senior executive shall 
provide to the performance review board, an initial appraisal 
of the senior executive's performance. Before making any 
recommendation with respect to the senior executive, the board 
shall review any response by the senior executive to the 
initial appraisal and conduct such further review as the board 
finds necessary.
    (3) Performance appraisals under this subchapter with 
respect to any senior executive shall be made by the appointing 
authority only after considering the recommendations by the 
performance review board with respect to such senior executive 
under paragraph (1) of this subsection.
    (4) Members of performance review boards shall be appointed 
in such a manner as to assure consistency, stability, and 
objectivity in performance appraisal. Notice of the appointment 
of an individual to serve as a member shall be published in the 
Federal Register.
    (5) In the case of an appraisal of a career appointee, more 
than one-half of the members of the performance review board 
shall consist of career appointees. The requirement of the 
preceding sentence shall not apply in any case in which the 
Office determines that there exists an insufficient number of 
career appointees available to comply with the requirement.

Sec. 4315. Regulations

    The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this subchapter.


                      CHAPTER 45--INCENTIVE AWARDS

            SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS

Sec.
4501.    Definitions.
4502.    General provisions.
4503.    Agency awards.
4504.    Presidential awards.
4505.    Awards to former employees.
4505a.   Performance-based cash awards.
4506.    Regulations.
4507.    Awarding of ranks in the Senior Executive Service.
4508.    Limitation of awards during a Presidential election year.
4509.    Prohibition of cash award to Executive Schedule officers.

           SUBCHAPTER II--AWARDS FOR COST SAVINGS DISCLOSURES

4511.    Definition and general provisions.
4512.    Agency awards for cost savings disclosures.
4513.    Presidential awards for cost savings disclosures.

SUBCHAPTER III--AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE 
                              CAPABILITIES

4521.    Definition.
4522.    General provision.
4523.    Award authority.

           SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS

Sec. 4501. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) the Library of Congress;
                    (C) the Office of the Architect of the 
                Capitol;
                    (D) the Botanic Garden;
                    (E) the Government Printing Office;
                    (F) the government of the District of 
                Columbia; and
                    (G) the United States Sentencing 
                Commission;
            but does not include--
                    (i) the Tennessee Valley Authority; or
                    (ii) the Central Bank for Cooperatives;
            (2) ``employee'' means--
                    (A) an employee as defined by section 2105; 
                and
                    (B) an individual employed by the 
                government of the District of Columbia; and
            (3) ``Government'' means the Government of the 
        United States and the government of the District of 
        Columbia.

Sec. 4502. General provisions

    (a) Except as provided by subsection (b) of this section, a 
cash award under this subchapter may not exceed $10,000.
    (b) When the head of an agency certifies to the Office of 
Personnel Management that the suggestion, invention, superior 
accomplishment, or other meritorious effort for which the award 
is proposed is highly exceptional and unusually outstanding, a 
cash award in excess of $10,000 but not in excess of $25,000 
may be granted with the approval of the Office.
    (c) A cash award under this subchapter is in addition to 
the regular pay of the recipient. Acceptance of a cash award 
under this subchapter constitutes an agreement that the use by 
the Government of an idea, method, or device for which the 
award is made does not form the basis of a further claim of any 
nature against the Government by the employee, his heirs, or 
assigns.
    (d) A cash award to, and expense for the honorary 
recognition of, an employee may be paid from the fund or 
appropriation available to the activity primarily benefiting or 
the various activities benefiting. The head of the agency 
concerned determines the amount to be paid by each activity for 
an agency award under section 4503 of this title. The President 
determines the amount to be paid by each activity for a 
Presidential award under section 4504 of this title.
    (e) The Office of Personnel Management may by regulation 
permit agencies to grant employees time off from duty, without 
loss of pay or charge to leave, as an award in recognition of 
superior accomplishment or other personal effort that 
contributes to the quality, efficiency, or economy of 
Government operations.
    (f ) The Secretary of Defense may grant a cash award under 
subsection (b) of this section without regard to the 
requirements for certification and approval provided in that 
subsection.

Sec. 4503. Agency awards

    The head of an agency may pay a cash award to, and incur 
necessary expense for the honorary recognition of, an employee 
who--
            (1) by his suggestion, invention, superior 
        accomplishment, or other personal effort contributes to 
        the efficiency, economy, or other improvement of 
        Government operations or achieves a significant 
        reduction in paperwork; or
            (2) performs a special act or service in the public 
        interest in connection with or related to his official 
        employment.

Sec. 4504. Presidential awards

    The President may pay a cash award to, and incur necessary 
expense for the honorary recognition of, an employee who--
            (1) by his suggestion, invention, superior 
        accomplishment, or other personal effort contributes to 
        the efficiency, economy, or other improvement of 
        Government operations or achieves a significant 
        reduction in paperwork; or
            (2) performs an exceptionally meritorious special 
        act or service in the public interest in connection 
        with or related to his official employment.
A Presidential award may be in addition to an agency award 
under section 4503 of this title.

Sec. 4505. Awards to former employees

    An agency may pay or grant an award under this subchapter 
notwithstanding the death or separation from the service of the 
employee concerned, if the suggestion, invention, superior 
accomplishment, other personal effort, or special act or 
service in the public interest for which the award is proposed 
was made or performed while the employee was in the employ of 
the Government.

Sec. 4505a. Performance-based cash awards

    (a)(1) An employee whose most recent performance rating was 
at the fully successful level or higher (or the equivalent 
thereof) may be paid a cash award under this section.
    (2)(A) A cash award under this section shall be equal to an 
amount determined appropriate by the head of the agency, but 
may not be more than 10 percent of the employee's annual rate 
of basic pay. Notwithstanding the preceding sentence, the 
agency head may authorize a cash award equal to an amount 
exceeding 10 percent of the employee's annual rate of basic pay 
if the agency head determines that exceptional performance by 
the employee justifies such an award, but in no case may an 
award under this section exceed 20 percent of the employee's 
annual rate of basic pay.
    (B) For purposes of computing a percentage of a rate of 
basic pay under subparagraph (A), the rate of basic pay used 
shall be determined without taking into account any 
comparability payment under section 5304.
    (b)(1) A cash award under this section shall be paid as a 
lump sum, and may not be considered to be part of the basic pay 
of an employee.
    (2) The failure to pay cash award under this section, or 
the amount of such an award, may not be appealed. The preceding 
sentence shall not be construed to extinguish or lessen any 
right or remedy under subchapter II of chapter 12, chapter 71, 
or any of the laws referred to in section 2302(d).
    (c) The Office of Personnel Management shall prescribe such 
regulations as it considers necessary for the administration of 
subsections (a) and (b).
    (d) The preceding provisions of this section shall be 
applicable with respect to any employee to whom subchapter III 
of chapter 53 applies, and to any category of employees 
provided for under subsection (e).
    (e) At the request of the head of an Executive agency, the 
President may authorize the application of subsections (a) 
through (c) with respect to any category of employees within 
such agency who would not otherwise be covered by this section.

Sec. 4506. Regulations

    The Office of Personnel Management shall prescribe 
regulations and instructions under which the agency awards 
program set forth by this subchapter shall be carried out.

Sec. 4507. Awarding of ranks in the Senior Executive Service

    (a) For the purpose of this section, ``agency'', ``senior 
executive'', and ``career appointee'' have the meanings set 
forth in section 3132(a) of this title.
    (b) Each agency shall submit annually to the Office 
recommendations of career appointees in the agency to be 
awarded the rank of Meritorious Executive or Distinguished 
Executive. The recommendations may take into account the 
individual's performance over a period of years. The Office 
shall review such recommendations and provide to the President 
recommendations as to which of the agency recommended 
appointees should receive such rank.
    (c) During any fiscal year, the President may, subject to 
subsection (d) of this section, award to any career appointee 
recommended by the Office the rank of--
            (1) Meritorious Executive, for sustained 
        accomplishment, or
            (2) Distinguished Executive, for sustained 
        extraordinary accomplishment.
A career appointee awarded a rank under paragraph (1) or (2) of 
this subsection shall not be entitled to be awarded that rank 
during the following 4 fiscal years.
    (d) During any fiscal year--
            (1) the number of career appointees awarded the 
        rank of Meritorious Executive may not exceed 5 percent 
        of the Senior Executive Service; and
            (2) the number of career appointees awarded the 
        rank of Distinguished Executive may not exceed 1 
        percent of the Senior Executive Service.
    (e)(1) Receipt by a career appointee of the rank of 
Meritorious Executive entitles such individual to a lump-sum 
payment of an amount equal to 20 percent of annual basic pay, 
which shall be in addition to the basic pay paid under section 
5382 of this title or any award paid under section 5384 of this 
title.
    (2) Receipt by a career appointee of the rank of 
Distinguished Executive entitles the individual to a lump-sum 
payment of an amount equal to 35 percent of annual basic pay, 
which shall be in addition to the basic pay paid under section 
5382 of this title or any award paid under section 5384 of this 
title.

Sec. 4508. Limitation of awards during a Presidential election year

    (a) For purposes of this section, the term--
            (1) ``Presidential election period'' means any 
        period beginning on June 1 in a calendar year in which 
        the popular election of the President occurs, and 
        ending on January 20 following the date of such 
        election; and
            (2) ``senior politically appointed officer'' means 
        any officer who during a Presidential election period 
        serves--
                    (A) in a Senior Executive Service position 
                and is not a career appointee as defined under 
                section 3132(a)(4); or
                    (B) in a position of a confidential or 
                policy-determining character under schedule C 
                of subpart C of part 213 of title 5 of the Code 
                of Federal Regulations.
    (b) No senior politically appointed officer may receive an 
award under the provisions of this subchapter during a 
Presidential election period.

Sec. 4509. Prohibition of cash award to Executive Schedule officers

    No officer may receive a cash award under the provisions of 
this subchapter, if such officer--
            (1) serves in--
                    (A) an Executive Schedule position under 
                subchapter II of chapter 53; or
                    (B) a position for which the compensation 
                is set in statute by reference to a section or 
                level under subchapter II of chapter 53; and
            (2) was appointed to such position by the 
        President, by and with the advice and consent of the 
        Senate.


           SUBCHAPTER II--AWARDS FOR COST SAVINGS DISCLOSURES

Sec. 4511. Definition and general provisions

    (a) For purposes of this subchapter, the term ``agency'' 
means any Executive agency.
    (b) A cash award under this subchapter is in addition to 
the regular pay of the recipient. Acceptance of a cash award 
under this subchapter constitutes an agreement that the use by 
the Government of an idea, method, or device for which the 
award is made does not form the basis of a further claim of any 
nature against the Government by the employee, his heirs, or 
assigns.

Sec. 4512. Agency awards for cost savings disclosures

    (a) The Inspector General of an agency, or any other agency 
employee designated under subsection (b), may pay a cash award 
to any employee of such agency whose disclosure of fraud, 
waste, or mismanagement to the Inspector General of the agency, 
or to such other designated agency employee, has resulted in 
cost savings for the agency. The amount of an award under this 
section may not exceed the lesser of--
            (1) $10,000; or
            (2) an amount equal to 1 percent of the agency's 
        cost savings which the Inspector General, or other 
        employee designated under subsection (b), determines to 
        be the total savings attributable to the employee's 
        disclosure.
For purposes of paragraph (2), the Inspector General or other 
designated employee may take into account agency cost savings 
projected for subsequent fiscal years which will be 
attributable to such disclosure.
    (b) In the case of an agency for which there is no 
Inspector General, the head of the agency shall designate an 
agency employee who shall have the authority to make the 
determinations and grant the awards permitted under this 
section.

Sec. 4513. Presidential awards for cost savings disclosures

    The President may pay a cash award in the amount of $20,000 
to any employee whose disclosure of fraud, waste, or 
mismanagement has resulted in substantial cost savings for the 
Government. In evaluating the significance of a cost savings 
disclosure made by an employee for purposes of determining 
whether to make an award to such employee under this section, 
the President may take into account cost savings projected for 
subsequent fiscal years which will be attributable to the 
disclosure. During any fiscal year, the President may not make 
more than 50 awards under this section.


SUBCHAPTER III--AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE 
                              CAPABILITIES

Sec. 4521. Definition

    For the purpose of this subchapter, the term ``law 
enforcement officer'' means--
            (1) a law enforcement officer within the meaning of 
        section 5541(3) and to whom the provisions of chapter 
        51 apply;
            (2) a member of the United States Secret Service 
        Uniformed Division;
            (3) a member of the United States Park Police;
            (4) a special agent in the Diplomatic Security 
        Service;
            (5) a probation officer (referred to in section 
        3672 of title 18); and
            (6) a pretrial services officer (referred to in 
        section 3153 of title 18).

Sec. 4522. General provision

    An award under this subchapter is in addition to the basic 
pay of the recipient.

Sec. 4523. Award authority

    (a) An agency may pay a cash award, up to 5 percent of 
basic pay, to any law enforcement officer employed in or under 
such agency who possesses and makes substantial use of 1 or 
more foreign languages in the performance of official duties.
    (b) Awards under this section shall be paid under 
regulations prescribed by the head of the agency involved (or 
designee thereof). Regulations prescribed by an agency head (or 
designee) under this subsection shall include--
            (1) procedures under which foreign language 
        proficiency shall be ascertained;
            (2) criteria for the selection of individuals for 
        recognition under this section; and
            (3) any other provisions which may be necessary to 
        carry out the purposes of this subchapter.


   CHAPTER 47--PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

Sec.
4701.    Definitions.
4702.    Research programs.
4703.    Demonstration projects.
4704.    Allocation of funds.
Sec.\1\ 4705.  Regulations.
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    \1\ So in original.
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Sec. 4701. Definitions

    (a) For the purpose of this chapter--
            (1) ``agency'' means an Executive agency and the 
        Government Printing Office, but does not include--
                    (A) a Government corporation;
                    (B) the Federal Bureau of Investigation, 
                the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Imagery and 
                Mapping Agency, the National Security Agency, 
                and, as determined by the President, any 
                Executive agency or unit thereof which is 
                designated by the President and which has as 
                its principal function the conduct of foreign 
                intelligence or counterintelligence activities; 
                or
                    (C) the General Accounting Office;
            (2) ``employee'' means an individual employed in or 
        under an agency;
            (3) ``eligible'' means an individual who has 
        qualified for appointment in an agency and whose name 
        has been entered on the appropriate register or list of 
        eligibles;
            (4) ``demonstration project'' means a project 
        conducted by the Office of Personnel Management, or 
        under its supervision, to determine whether a specified 
        change in personnel management policies or procedures 
        would result in improved Federal personnel management; 
        and
            (5) ``research program'' means a planned study of 
        the manner in which public management policies and 
        systems are operating, the effects of those policies 
        and systems, the possibilities for change, and 
        comparisons among policies and systems.
    (b) This chapter shall not apply to any position in the 
Drug Enforcement Administration which is excluded from the 
competitive service under section 201 of the Crime Control Act 
of 1976 (28 U.S.C. 509 note; 90 Stat. 2425).

Sec. 4702. Research programs

    The Office of Personnel Management shall--
            (1) establish and maintain (and assist in the 
        establishment and maintenance of) research programs to 
        study improved methods and technologies in Federal 
        personnel management;
            (2) evaluate the research programs established 
        under paragraph (1) of this section;
            (3) establish and maintain a program for the 
        collection and public dissemination of information 
        relating to personnel management research and for 
        encouraging and facilitating the exchange of 
        information among interested persons and entities; and
            (4) carry out the preceding functions directly or 
        through agreement or contract.

Sec. 4703. Demonstration projects

    (a) Except as provided in this section, the Office of 
Personnel Management may, directly or through agreement or 
contract with one or more agencies and other public and private 
organizations, conduct and evaluate demonstration projects. 
Subject to the provisions of this section, the conducting of 
demonstration projects shall not be limited by any lack of 
specific authority under this title to take the action 
contemplated, or by any provision of this title or any rule or 
regulation prescribed under this title which is inconsistent 
with the action, including any law or regulation relating to--
            (1) the methods of establishing qualification 
        requirements for, recruitment for, and appointment to 
        positions;
            (2) the methods of classifying positions and 
        compensating employees;
            (3) the methods of assigning, reassigning, or 
        promoting employees;
            (4) the methods of disciplining employees;
            (5) the methods of providing incentives to 
        employees, including the provision of group or 
        individual incentive bonuses or pay;
            (6) the hours of work per day or per week;
            (7) the methods of involving employees, labor 
        organizations, and employee organizations in personnel 
        decisions; and
            (8) the methods of reducing overall agency staff 
        and grade levels.
    (b) Before conducting or entering into any agreement or 
contract to conduct a demonstration project, the Office shall--
            (1) develop a plan for such project which 
        identifies--
                    (A) the purposes of the project;
                    (B) the types of employees or eligibles, 
                categorized by occupational series, grade, or 
                organizational unit;
                    (C) the number of employees or eligibles to 
                be included, in the aggregate and by category;
                    (D) the methodology;
                    (E) the duration;
                    (F) the training to be provided;
                    (G) the anticipated costs;
                    (H) the methodology and criteria for 
                evaluation;
                    (I) a specific description of any aspect of 
                the project for which there is a lack of 
                specific authority; and
                    (J) a specific citation to any provision of 
                law, rule, or regulation which, if not waived 
                under this section, would prohibit the 
                conducting of the project, or any part of the 
                project as proposed;
            (2) publish the plan in the Federal Register;
            (3) submit the plan so published to public hearing;
            (4) provide notification of the proposed project, 
        at least 180 days in advance of the date any project 
        proposed under this section is to take effect--
                    (A) to employees who are likely to be 
                affected by the project; and
                    (B) to each House of the Congress;
            (5) obtain approval from each agency involved of 
        the final version of the plan; and
            (6) provide each House of the Congress with a 
        report at least 90 days in advance of the date the 
        project is to take effect setting forth the final 
        version of the plan as so approved.
    (c) No demonstration project under this section may provide 
for a waiver of--
            (1) any provision of chapter 63 or subpart G of 
        this title;
            (2)(A) any provision of law referred to in section 
        2302(b)(1) of this title; or
            (B) any provision of law implementing any provision 
        of law referred to in section 2302(b)(1) of this title 
        by--
                    (i) providing for equal employment 
                opportunity through affirmative action; or
                    (ii) providing any right or remedy 
                available to any employee or applicant for 
                employment in the civil service;
            (3) any provision of chapter 15 or subchapter III 
        of chapter 73 of this title;
            (4) any rule or regulation prescribed under any 
        provision of law referred to in paragraph (1), (2), or 
        (3) of this subsection; or
            (5) any provision of chapter 23 of this title, or 
        any rule or regulation prescribed under this title, if 
        such waiver is inconsistent with any merit system 
        principle or any provision thereof relating to 
        prohibited personnel practices.
    (d)(1) Each demonstration project shall--
            (A) involve not more than 5,000 individuals other 
        than individuals in any control groups necessary to 
        validate the results of the project; and
            (B) terminate before the end of the 5-year period 
        beginning on the date on which the project takes 
        effect, except that the project may continue beyond the 
        date to the extent necessary to validate the results of 
        the project.
    (2) Not more than 10 active demonstration projects may be 
in effect at any time.
    (e) Subject to the terms of any written agreement or 
contract between the Office and an agency, a demonstration 
project involving the agency may be terminated by the Office, 
or the agency, if either determines that the project creates a 
substantial hardship on, or is not in the best interests of, 
the public, the Federal Government, employees, or eligibles.
    (f) Employees within a unit with respect to which a labor 
organization is accorded exclusive recognition under chapter 71 
of this title shall not be included within any project under 
subsection (a) of this section--
            (1) if the project would violate a collective 
        bargaining agreement (as defined in section 7103(8) of 
        this title) between the agency and the labor 
        organization, unless there is another written agreement 
        with respect to the project between the agency and the 
        organization permitting the inclusion; or
            (2) if the project is not covered by such a 
        collective bargaining agreement, until there has been 
        consultation or negotiation, as appropriate, by the 
        agency with the labor organization.
    (g) Employees within any unit with respect to which a labor 
organization has not been accorded exclusive recognition under 
chapter 71 of this title shall not be included within any 
project under subsection (a) of this section unless there has 
been agency consultation regarding the project with the 
employees in the unit.
    (h) The Office shall provide for an evaluation of the 
results of each demonstration project and its impact on 
improving public management.
    (i) Upon request of the Director of the Office of Personnel 
Management, agencies shall cooperate with and assist the 
Office, to the extent practicable, in any evaluation undertaken 
under subsection (h) of this section and provide the Office 
with requested information and reports relating to the 
conducting of demonstration projects in their respective 
agencies.

Sec. 4704. Allocation of funds

    Funds appropriated to the Office of Personnel Management 
for the purpose of this chapter may be allocated by the Office 
to any agency conducting demonstration projects or assisting 
the Office in conducting such projects. Funds so allocated 
shall remain available for such period as may be specified in 
appropriation Acts. No contract shall be entered into under 
this chapter unless the contract has been provided for in 
advance in appropriation Acts.

Sec. 4705. Regulations

    The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this chapter.


                     Subpart D--Pay and Allowances

                       CHAPTER 51--CLASSIFICATION

Sec.
5101.    Purpose.
5102.    Definitions; application.
5103.    Determination of applicability.
5104.    Basis for grading positions.
5105.    Standards for classification of positions.
5106.    Basis for classifying positions.
5107.    Classification of positions.
5108.    Classification of positions above GS-15.
5109.    Positions classified by statute.
5110.    Review of classification of positions.
5111.    Revocation and restoration of authority to classify positions.
5112.    General authority of the Office of Personnel Management.
5113.    Classification records.
[5114.   Repealed.]
5115.    Regulations.

Sec. 5101. Purpose

    It is the purpose of this chapter to provide a plan for 
classification of positions whereby--
            (1) in determining the rate of basic pay which an 
        employee will receive--
                    (A) the principle of equal pay for 
                substantially equal work will be followed; and
                    (B) variations in rates of basic pay paid 
                to different employees will be in proportion to 
                substantial differences in the difficulty, 
                responsibility, and qualification requirements 
                of the work performed and to the contributions 
                of employees to efficiency and economy in the 
                service; and
            (2) individual positions will, in accordance with 
        their duties, responsibilities, and qualification 
        requirements, be so grouped and identified by classes 
        and grades, as defined by section 5102 of this title, 
        and the various classes will be so described in 
        published standards, as provided by section 5105 of 
        this title, that the resulting position-classification 
        system can be used in all phases of personnel 
        administration.

Sec. 5102. Definitions; application

    (a) For the purpose of this chapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) the Library of Congress;
                    (C) the Botanic Garden;
                    (D) the Government Printing Office;
                    (E) the Office of the Architect of the 
                Capitol; and
                    (F) the government of the District of 
                Columbia;
            but does not include--
                    (i) a Government controlled corporation;
                    (ii) the Tennessee Valley Authority;
                    (iii) the Virgin Islands Corporation;
                    (iv) the Atomic Energy Commission;
                    (v) the Central Intelligence Agency;
                    (vi) the National Security Agency, 
                Department of Defense;
                    (vii) \1\ the General Accounting Office;
---------------------------------------------------------------------------
    \1\ So in law. Subsection (a)(1) does not contain a clause (viii). 
Section 3548(a)(2) of the National Defense Authorization for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2868) amended subsection 
(a)(1) of this title by striking clause (vi) and redesignating clauses 
(vii) through (xi) as clauses (vi) through (x), respectively. Prior to 
this amendment a clause (ix) did not exist.
---------------------------------------------------------------------------
                    (ix) the Defense Intelligence Agency, 
                Department of Defense;\2\
---------------------------------------------------------------------------
    \2\ Section 501(g)(2) of the Intelligence Authorization Act for 
Fiscal Year 1995 (Public Law 103-359; 108 Stat. 3429) amended this 
clause by striking the period at the end and inserting ``; or''. The 
amendment probably should have inserted ``or'' after the semicolon at 
the end.
---------------------------------------------------------------------------
                    (x) the National Imagery and Mapping 
                Agency, Department of Defense.\3\
---------------------------------------------------------------------------
    \3\ So in law. The period probably should be a semicolon. See 
section 501(g)(3) of the Intelligence Authorization Act for Fiscal Year 
1995 (Public Law 103-359; 108 Stat. 3429).
---------------------------------------------------------------------------
            (2) ``employee'' means an individual employed in or 
        under an agency;
            (3) ``position'' means the work, consisting of the 
        duties and responsibilities, assignable to an employee;
            (4) ``class'' or ``class of positions'' includes 
        all positions which are sufficiently similar, as to--
                    (A) kind or subject-matter of work;
                    (B) level of difficulty and responsibility; 
                and
                    (C) the qualification requirements of the 
                work;
        to warrant similar treatment in personnel and pay 
        administration; and
            (5) ``grade'' includes all classes of positions 
        which, although different with respect to kind or 
        subject-matter of work, are sufficiently equivalent as 
        to--
                    (A) level of difficulty and responsibility; 
                and
                    (B) level of qualification requirements of 
                the work;
        to warrant their inclusion within one range of rates of 
        basic pay in the General Schedule.
    (b) Except as provided by subsections (c) and (d) of this 
section, this chapter applies to all civilian positions and 
employees in or under an agency, including positions in local 
boards and appeal boards within the Selective Service System 
and employees occupying those positions.
    (c) This chapter does not apply to--
            [ (1) Repealed. Pub. L. 91-375, Sec. 6(c)(9), Aug. 
        12, 1970, 84 Stat. 776.]
            (2) members of the Foreign Service whose pay is 
        fixed under the Foreign Service Act of 1980; and 
        positions in or under the Department of State which 
        are--
                    (A) connected with the representation of 
                the United States to international 
                organizations; or
                    (B) specifically exempted by statute from 
                this chapter or other classification or pay 
                statute;
            (3) physicians, dentists, nurses, and other 
        employees in the Veterans Health Administration of the 
        Department of Veterans Affairs whose pay is fixed under 
        chapter 73 of title 38;
            (4) teachers, school officials, and employees of 
        the Board of Education of the District of Columbia 
        whose pay is fixed under chapter 15 of title 31, 
        District of Columbia Code; the chief judges and the 
        associate judges of the Superior Court of the District 
        of Columbia and the District of Columbia Court of 
        Appeals; and nonjudicial employees of the District of 
        Columbia court system whose pay is fixed under title 11 
        of the District of Columbia Code;
            (5) members of the Metropolitan Police, the Fire 
        Department of the District of Columbia, the United 
        States Park Police, and the Executive Protective 
        Service; members of the police force of the National 
        Zoological Park whose pay is fixed under section 5375 
        of this title; and members of the police forces of the 
        Bureau of Engraving and Printing and the United States 
        Mint whose pay is fixed under section 5378 of this 
        title;
            (6) lighthouse keepers and civilian employees on 
        lightships and vessels of the Coast Guard whose pay is 
        fixed under section 432 (f) and (g) of title 14;
            (7) employees in recognized trades or crafts, or 
        other skilled mechanical crafts, or in unskilled, 
        semiskilled, or skilled manual-labor occupations, and 
        other employees including foremen and supervisors in 
        positions having trade, craft, or laboring experience 
        and knowledge as the paramount requirement, and 
        employees in the Bureau of Engraving and Printing whose 
        duties are to perform or to direct manual or machine 
        operations requiring special skill or experience, or to 
        perform or direct the counting, examining, sorting, or 
        other verification of the product of manual or machine 
        operations;
            (8) officers and members of crews of vessels;
            (9) employees of the Government Printing Office 
        whose pay is fixed under section 305 of title 44;
            (10) civilian professors, instructors, and 
        lecturers at a professional military education school 
        (and, in the case of the George C. Marshall European 
        Center for Security Studies, the Director and the 
        Deputy Director) whose pay is fixed under section 1595, 
        4021, 7478, or 9081 of title 10; civilian professors, 
        lecturers, and instructors at the Military Academy, the 
        Naval Academy, and the Air Force Academy whose pay is 
        fixed under sections 4338, 6952, and 9338, 
        respectively, of title 10; senior professors, 
        professors, associate and assistant professors, and 
        instructors at the Naval Postgraduate School whose pay 
        is fixed under section 7044 of title 10; the Academic 
        Dean of the Postgraduate School of the Naval Academy 
        whose pay is fixed under section 7043 of title 10; 
        civilian professors, instructors, and lecturers in the 
        defense acquisition university structure (including the 
        Defense Systems Management College) whose pay is fixed 
        under section 1746(b) of title 10;
            (11) aliens or noncitizens of the United States who 
        occupy positions outside the United States;
            [ (12) Repealed. Pub. L. 104-201, 
        Sec. 3548(a)(2)(B), Sept. 23, 1996, 110 Stat. 2868.]
            (13) employees who serve without pay or at nominal 
        rates of pay;
            (14) employees whose pay is not wholly from 
        appropriated funds of the United States (other than 
        employees of the Federal Retirement Thrift Investment 
        Management System appointed under section 8474(c)(2) of 
        this title), except that with respect to the Veterans' 
        Canteen Service, Department of Veterans Affairs this 
        paragraph applies only to employees necessary for the 
        transaction of the business of the Service at canteens, 
        warehouses, and storage depots whose employment is 
        authorized by section 7802 of title 38;
            (15) employees whose pay is fixed under a 
        cooperative agreement between the United States and--
                    (A) a State or territory or possession of 
                the United States, or political subdivision 
                thereof; or
                    (B) an individual or organization outside 
                the service of the Government of the United 
                States;
            (16) student nurses, medical or dental interns, 
        residents-in-training, student dietitians, student 
        physical therapists, student occupational therapists, 
        and other student employees, assigned or attached to a 
        hospital, clinic, or laboratory primarily for training 
        purposes, whose pay is fixed under subchapter V of 
        chapter 53 of this title or sections 7405 and 7406 of 
        title 38;
            (17) inmates, patients, or beneficiaries receiving 
        care or treatment or living in Government agencies or 
        institutions;
            (18) experts or consultants, when employed 
        temporarily or intermittently in accordance with 
        section 3109 of this title;
            (19) emergency or seasonal employees whose 
        employment is of uncertain or purely temporary 
        duration, or who are employed for brief periods at 
        intervals;
            (20) employees employed on a fee, contract, or 
        piece work basis;
            (21) employees who may lawfully perform their 
        duties concurrently with their private profession, 
        business, or other employment, and whose duties require 
        only a portion of their time, when it is impracticable 
        to ascertain or anticipate the proportion of time 
        devoted to the service of the Government of the United 
        States;
            (22) ``teachers'' and ``teaching positions'' as 
        defined by section 901 of title 20;
            (23) administrative patent judges and designated 
        administrative patent judges in the United States 
        Patent and Trademark Office;
            (24) temporary positions in the Bureau of the 
        Census established under section 23 of title 13, and 
        enumerator positions in the Bureau of the Census;
            (25) positions for which rates of basic pay are 
        individually fixed, or expressly authorized to be 
        fixed, by other statute, at or in excess of the rate 
        for level V of the Executive Schedule;
            (26) civilian members of the faculty of the Coast 
        Guard Academy whose pay is fixed under section 186 of 
        title 14;
            (27) members of the police of the Library of 
        Congress whose pay is fixed under section 167 of title 
        2;
            (28) civilian members of the faculty of the Air 
        Force Institute of Technology whose pay is fixed under 
        section 9314 of title 10;
            (29) administrative law judges appointed under 
        section 3105; or
            (30) members of agency boards of contract appeals 
        appointed under section 8 of the contract Disputes Act 
        of 1978.

    (d) This chapter does not apply to an employee of the 
Office of the Architect of the Capitol whose pay is fixed by 
other statute. Subsection (c) of this section, except paragraph 
(7), does not apply to the Office of the Architect of the 
Capitol.

Sec. 5103. Determination of applicability

    The Office of Personnel Management shall determine finally 
the applicability of section 5102 of this title to specific 
positions and employees, except for positions and employees in 
the Office of the Architect of the Capitol.

Sec. 5104. Basis for grading positions

    The General Schedule, the symbol for which is ``GS'', is 
the basic pay schedule for positions to which this chapter 
applies. The General Schedule is divided into grades of 
difficulty and responsibility of work, as follows:
            (1) Grade GS-1 includes those classes of positions 
        the duties of which are to perform, under immediate 
        supervision, with little or no latitude for the 
        exercise of independent judgment--
                    (A) the simplest routine work in office, 
                business, or fiscal operations; or
                    (B) elementary work of a subordinate 
                technical character in a professional, 
                scientific, or technical field.
            (2) Grade GS-2 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under immediate 
                supervision, with limited latitude for the 
                exercise of independent judgment, routine work 
                in office, business, or fiscal operations, or 
                comparable subordinate technical work of 
                limited scope in a professional, scientific, or 
                technical field, requiring some training or 
                experience; or
                    (B) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (3) Grade GS-3 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under immediate or general 
                supervision, somewhat difficult and responsible 
                work in office, business, or fiscal operations, 
                or comparable subordinate technical work of 
                limited scope in a professional, scientific, or 
                technical field, requiring in either case--
                            (i) some training or experience;
                            (ii) working knowledge of a special 
                        subject matter; or
                            (iii) to some extent the exercise 
                        of independent judgment in accordance 
                        with well-established policies, 
                        procedures, and techniques; or
                    (B) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (4) Grade GS-4 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under immediate or general 
                supervision, moderately difficult and 
                responsible work in office, business, or fiscal 
                operations, or comparable subordinate technical 
                work in a professional, scientific, or 
                technical field, requiring in either case--
                            (i) a moderate amount of training 
                        and minor supervisory or other 
                        experience;
                            (ii) good working knowledge of a 
                        special subject matter or a limited 
                        field of office, laboratory, 
                        engineering, scientific, or other 
                        procedure and practice; and
                            (iii) the exercise of independent 
                        judgment in accordance with well-
                        established policies, procedures, and 
                        techniques; or
                    (B) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (5) Grade GS-5 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under general supervision, 
                difficult and responsible work in office, 
                business, or fiscal administration, or 
                comparable subordinate technical work in a 
                professional, scientific, or technical field, 
                requiring in either case--
                            (i) considerable training and 
                        supervisory or other experience;
                            (ii) broad working knowledge of a 
                        special subject matter or of office, 
                        laboratory, engineering, scientific, or 
                        other procedure and practice; and
                            (iii) the exercise of independent 
                        judgment in a limited field;
                    (B) to perform, under immediate 
                supervision, and with little opportunity for 
                the exercise of independent judgment, simple 
                and elementary work requiring professional, 
                scientific, or technical training; or
                    (C) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (6) Grade GS-6 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under general supervision, 
                difficult and responsible work in office, 
                business, or fiscal administration, or 
                comparable subordinate technical work in a 
                professional, scientific, or technical field, 
                requiring in either case--
                            (i) considerable training and 
                        supervisory or other experience;
                            (ii) broad working knowledge of a 
                        special and complex subject matter, 
                        procedure, or practice, or of the 
                        principles of the profession, art, or 
                        science involved; and
                            (iii) to a considerable extent the 
                        exercise of independent judgment; or
                    (B) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (7) Grade GS-7 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under general supervision, 
                work of considerable difficulty and 
                responsibility along special technical or 
                supervisory lines in office, business, or 
                fiscal administration, or comparable 
                subordinate technical work in a professional, 
                scientific, or technical field, requiring in 
                either case--
                            (i) considerable specialized or 
                        supervisory training and experience;
                            (ii) comprehensive working 
                        knowledge of a special and complex 
                        subject matter; procedure, or practice, 
                        or of the principles of the profession, 
                        art, or science involved; and
                            (iii) to a considerable extent the 
                        exercise of independent judgment;
                    (B) under immediate or general supervision, 
                to perform somewhat difficult work requiring--
                            (i) professional, scientific, or 
                        technical training; and
                            (ii) to a limited extent, the 
                        exercise of independent technical 
                        judgment; or
                    (C) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (8) Grade GS-8 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under general supervision, 
                very difficult and responsible work along 
                special technical or supervisory lines in 
                office, business, or fiscal administration, 
                requiring--
                            (i) considerable specialized or 
                        supervisory training and experience;
                            (ii) comprehensive and thorough 
                        working knowledge of a specialized and 
                        complex subject matter, procedure, or 
                        practice, or of the principles of the 
                        profession, art, or science involved; 
                        and
                            (iii) to a considerable extent the 
                        exercise of independent judgment; or
                    (B) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (9) Grade GS-9 includes those classes of positions 
        the duties of which are--
                    (A) to perform, under general supervision, 
                very difficult and responsible work along 
                special technical, supervisory, or 
                administrative lines in office, business, or 
                fiscal administration, requiring--
                            (i) somewhat extended specialized 
                        training and considerable specialized, 
                        supervisory, or administrative 
                        experience which has demonstrated 
                        capacity for sound independent work;
                            (ii) thorough and fundamental 
                        knowledge of a special and complex 
                        subject matter, or of the profession, 
                        art, or science involved; and
                            (iii) considerable latitude for the 
                        exercise of independent judgment;
                    (B) with considerable latitude for the 
                exercise of independent judgment, to perform 
                moderately difficult and responsible work, 
                requiring--
                            (i) professional, scientific, or 
                        technical training equivalent to that 
                        represented by graduation from a 
                        college or university of recognized 
                        standing; and
                            (ii) considerable additional 
                        professional, scientific, or technical 
                        training or experience which has 
                        demonstrated capacity for sound 
                        independent work; or
                    (C) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (10) Grade GS-10 includes those classes of 
        positions the duties of which are--
                    (A) to perform, under general supervision, 
                highly difficult and responsible work along 
                special technical, supervisory, or 
                administrative lines in office, business, or 
                fiscal administration, requiring--
                            (i) somewhat extended specialized, 
                        supervisory, or administrative training 
                        and experience which has demonstrated 
                        capacity for sound independent work;
                            (ii) thorough and fundamental 
                        knowledge of a specialized and complex 
                        subject matter, or of the profession, 
                        art, or science involved; and
                            (iii) considerable latitude for the 
                        exercise of independent judgment; or
                    (B) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (11) Grade GS-11 includes those classes of 
        positions the duties of which are--
                    (A) to perform, under general 
                administrative supervision and with wide 
                latitude for the exercise of independent 
                judgment, work of marked difficulty and 
                responsibility along special technical, 
                supervisory, or administrative lines in office, 
                business, or fiscal administration, requiring--
                            (i) extended specialized, 
                        supervisory, or administrative training 
                        and experience which has demonstrated 
                        important attainments and marked 
                        capacity for sound independent action 
                        or decision; and
                            (ii) intimate grasp of a 
                        specialized and complex subject matter, 
                        or of the profession, art, or science 
                        involved, or of administrative work of 
                        marked difficulty;
                    (B) with wide latitude for the exercise of 
                independent judgment, to perform responsible 
                work of considerable difficulty requiring 
                somewhat extended professional, scientific, or 
                technical training and experience which has 
                demonstrated important attainments and marked 
                capacity for independent work; or
                    (C) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (12) Grade GS-12 includes those classes of 
        positions the duties of which are--
                    (A) to perform, under general 
                administrative supervision, with wide latitude 
                for the exercise of independent judgment, work 
                of a very high order of difficulty and 
                responsibility along special technical, 
                supervisory, or administrative lines in office, 
                business, or fiscal administration, requiring--
                            (i) extended specialized, 
                        supervisory, or administrative training 
                        and experience which has demonstrated 
                        leadership and attainments of a high 
                        order in specialized or administrative 
                        work; and
                            (ii) intimate grasp of a 
                        specialized and complex subject matter 
                        or of the profession, art, or science 
                        involved;
                    (B) under general administrative 
                supervision, and with wide latitude for the 
                exercise of independent judgment, to perform 
                professional, scientific, or technical work of 
                marked difficulty and responsibility requiring 
                extended professional, scientific, or technical 
                training and experience which has demonstrated 
                leadership and attainments of a high order in 
                professional, scientific, or technical 
                research, practice, or administration; or
                    (C) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (13) Grade GS-13 includes those classes of 
        positions the duties of which are--
                    (A) to perform, under administrative 
                direction, with wide latitude for the exercise 
                of independent judgment, work of unusual 
                difficulty and responsibility along special 
                technical, supervisory, or administrative 
                lines, requiring extended specialized, 
                supervisory, or administrative training and 
                experience which has demonstrated leadership 
                and marked attainments;
                    (B) to serve as assistant head of a major 
                organization involving work of comparable level 
                within a bureau;
                    (C) to perform, under administrative 
                direction, with wide latitude for the exercise 
                of independent judgment, work of unusual 
                difficulty and responsibility requiring 
                extended professional, scientific, or technical 
                training and experience which has demonstrated 
                leadership and marked attainments in 
                professional, scientific, or technical 
                research, practice, or administration; or
                    (D) to perform other work of equal 
                importance, difficulty, and responsibility, and 
                requiring comparable qualifications.
            (14) Grade GS-14 includes those classes of 
        positions the duties of which are--
                    (A) to perform, under general 
                administrative direction, with wide latitude 
                for the exercise of independent judgment, work 
                of exceptional difficulty and responsibility 
                along special technical, supervisory, or 
                administrative lines which has demonstrated 
                leadership and unusual attainments;
                    (B) to serve as head of a major 
                organization within a bureau involving work of 
                comparable level;
                    (C) to plan and direct or to plan and 
                execute major professional, scientific, 
                technical, administrative, fiscal, or other 
                specialized programs, requiring extended 
                training and experience which has demonstrated 
                leadership and unusual attainments in 
                professional, scientific, or technical 
                research, practice, or administration, or in 
                administrative, fiscal, or other specialized 
                activities; or
                    (D) to perform consulting or other 
                professional, scientific, technical, 
                administrative, fiscal, or other specialized 
                work of equal importance, difficulty, and 
                responsibility, and requiring comparable 
                qualifications.
            (15) Grade GS-15 includes those classes of 
        positions the duties of which are--
                    (A) to perform, under general 
                administrative direction, with very wide 
                latitude for the exercise of independent 
                judgment, work of outstanding difficulty and 
                responsibility along special technical, 
                supervisory, or administrative lines which has 
                demonstrated leadership and exceptional 
                attainments;
                    (B) to serve as head of a major 
                organization within a bureau involving work of 
                comparable level;
                    (C) to plan and direct or to plan and 
                execute specialized programs of marked 
                difficulty, responsibility, and national 
                significance, along professional, scientific, 
                technical, administrative, fiscal, or other 
                lines, requiring extended training and 
                experience which has demonstrated leadership 
                and unusual attainments in professional, 
                scientific, or technical research, practice, or 
                administration, or in administrative, fiscal, 
                or other specialized activities; or
                    (D) to perform consulting or other 
                professional, scientific, technical, 
                administrative, fiscal, or other specialized 
                work of equal importance, difficulty, and 
                responsibility, and requiring comparable 
                qualifications.

Sec. 5105. Standards for classification of positions

    (a) The Office of Personnel Management, after consulting 
the agencies, shall prepare standards for placing positions in 
their proper classes and grades. The Office may make such 
inquiries or investigations of the duties, responsibilities, 
and qualification requirements of positions as it considers 
necessary for this purpose. The agencies, on request of the 
Office, shall furnish information for and cooperate in the 
preparation of the standards. In the standards, which shall be 
published in such form as the Office may determine, the Office 
shall--
            (1) define the various classes of positions in 
        terms of duties, responsibilities, and qualification 
        requirements;
            (2) establish the official class titles; and
            (3) set forth the grades in which the classes have 
        been placed by the Office.
    (b) The Office, after consulting the agencies to the extent 
considered necessary, shall revise, supplement, or abolish 
existing standards, or prepare new standards, so that, as 
nearly as may be practicable, positions existing at any given 
time will be covered by current published standards.
    (c) The official class titles established under subsection 
(a)(2) of this section shall be used for personnel, budget, and 
fiscal purposes. However, this requirement does not prevent the 
use of organizational or other titles for internal 
administration, public convenience, law enforcement, or similar 
purposes.

Sec. 5106. Basis for classifying positions

    (a) Each position shall be placed in its appropriate class. 
The basis for determining the appropriate class is the duties 
and responsibilities of the position and the qualifications 
required by the duties and responsibilities.
    (b) Each class shall be placed in its appropriate grade. 
The basis for determining the appropriate grade is the level of 
difficulty, responsibility, and qualification requirements of 
the work of the class.
    (c) Appropriated funds may not be used to pay an employee 
who places a supervisory position in a class and grade solely 
on the basis of the size of the organization unit or the number 
of subordinates supervised. These factors may be given effect 
only to the extent warranted by the work load of the 
organization unit and then only in combination with other 
factors, such as the kind, difficulty, and complexity of work 
supervised, the degree and scope of responsibility delegated to 
the supervisor, and the kind, degree, and character of the 
supervision exercised.

Sec. 5107. Classification of positions

    Except as otherwise provided by this chapter, each agency 
shall place each position under its jurisdiction in its 
appropriate class and grade in conformance with standards 
published by the Office of Personnel Management or, if no 
published standards apply directly, consistently with published 
standards. When facts warrant, an agency may change a position 
which it has placed in a class or grade under this section from 
that class or grade to another class or grade. Subject to 
subchapter VI of chapter 53 of this title, these actions of an 
agency are the basis for pay and personnel transactions until 
changed by certificate of the Office.

Sec. 5108. Classification of positions above GS-15

    (a) The Office of Personnel Management may, for any 
Executive agency--
            (1) establish, and from time to time revise, the 
        maximum number of positions which may at any one time 
        be classified above GS-15; and
            (2) establish standards and procedures (including 
        requiring agencies, where necessary in the judgment of 
        the Office, to obtain the prior approval of the Office) 
        in accordance with which positions may be classified 
        above GS-15.
    (b) The President, rather than the Office, shall exercise 
the authority under subsection (a) in the case of positions 
proposed to be placed in the Federal Bureau of Investigation 
and Drug Enforcement Administration Senior Executive Service.

Sec. 5109. Positions classified by statute

    (a) The position held by an employee of the Department of 
Agriculture while he, under section 450d of title 7, is 
designated and vested with a delegated regulatory function or 
part thereof shall be classified in accordance with this 
chapter, but not lower than GS-14.
    (b)(1) The position held by a fully experienced and 
qualified railroad safety inspector of the Department of 
Transportation shall be classified in accordance with this 
chapter, but not lower than GS-12.
    (2) The position held by a railroad safety specialist of 
the Department shall be classified in accordance with this 
chapter, but not lower than GS-13.

Sec. 5110. Review of classification of positions

    (a) The Office of Personnel Management, from time to time, 
shall review such number of positions in each agency as will 
enable the Office to determine whether the agency is placing 
positions in classes and grades in conformance with or 
consistently with published standards.
    (b) When the Office finds under subsection (a) of this 
section that a position is not placed in its proper class and 
grade in conformance with published standards or that a 
position for which there is no published standard is not placed 
in the class and grade consistently with published standards, 
it shall, after consultation with appropriate officials of the 
agency concerned, place the position in its appropriate class 
and grade and shall certify this action to the agency. The 
agency shall act in accordance with the certificate, and the 
certificate is binding on all administrative, certifying, 
payroll, disbursing, and accounting officials.

Sec. 5111. Revocation and restoration of authority to classify 
                    positions

    (a) When the Office of Personnel Management finds that an 
agency is not placing positions in classes and grades in 
conformance with or consistently with published standards, it 
may revoke or suspend the authority granted to the agency by 
section 5107 of this title and require that prior approval of 
the Office be secured before an action placing a position in a 
class and grade becomes effective for payroll and other 
personnel purposes. The Office may limit the revocation or 
suspension to--
            (1) the departmental or field service, or any part 
        thereof;
            (2) a geographic area;
            (3) an organization unit or group of organization 
        units;
            (4) certain types of classification actions;
            (5) classes in particular occupational groups or 
        grades; or
            (6) classes for which standards have not been 
        published.
    (b) After revocation or suspension, the Office may restore 
the authority to the extent that it is satisfied that later 
actions placing positions in classes and grades will be in 
conformance with or consistent with published standards.

Sec. 5112. General authority of the Office of Personnel Management

    (a) Notwithstanding section 5107 of this title, the Office 
of Personnel Management may--
            (1) ascertain currently the facts as to the duties, 
        responsibilities, and qualification requirements of a 
        position;
            (2) place in an appropriate class and grade a newly 
        created position or a position coming initially under 
        this chapter;
            (3) decide whether a position is in its appropriate 
        class and grade; and
            (4) change a position from one class or grade to 
        another class or grade when the facts warrant.
The Office shall certify to the agency concerned its action 
under paragraph (2) or (4) of this subsection. The agency shall 
act in accordance with the certificate, and the certificate is 
binding on all administrative, certifying, payroll, disbursing, 
and accounting officials.
    (b) An employee affected or an agency may request at any 
time that the Office exercise the authority granted to it by 
subsection (a) of this section and the Office shall act on the 
request.

Sec. 5113. Classification records

    The Office of Personnel Management may--
            (1) prescribe the form in which each agency shall 
        record the duties and responsibilities of positions and 
        the places where these records shall be maintained;
            (2) examine these or other pertinent records of the 
        agency; and
            (3) interview employees of the agency who have 
        knowledge of the duties and responsibilities of 
        positions and information as to the reasons for placing 
        a position in a class or grade.

[Sec. 5114. Repealed. Pub. L. 99-386, title I, Sec. 110(a), Aug. 22, 
                    1986, 100 Stat. 822.]

Sec. 5115. Regulations

    The Office of Personnel Management may prescribe 
regulations necessary for the administration of this chapter, 
except sections 5109 and 5114.


                   CHAPTER 53--PAY RATES AND SYSTEMS
---------------------------------------------------------------------------

    \1\ So in law. The item for section 5304 does not conform to the 
heading for such section.
---------------------------------------------------------------------------

                 SUBCHAPTER I--PAY COMPARABILITY SYSTEM

Sec.
5301.    Policy.
5302.    Definitions.
5303.    Annual adjustments to pay schedules.
5304.    Locality-based comparability payment.\1\
5304a.   Authority to fix an alternative level of comparability 
          payments.
5305.    Special pay authority.
5306.    Pay fixed by administrative action.
5307.    Limitation on certain payments.

               SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

5311.    The Executive Schedule.
5312.    Positions at level I.
5313.    Positions at level II.
5314.    Positions at level III.
5315.    Positions at level IV.
5316.    Positions at level V.
5317.    Presidential authority to place positions at levels IV and V.
5318.    Adjustments in rates of pay.

               SUBCHAPTER III--GENERAL SCHEDULE PAY RATES

5331.    Definitions; application.
5332.    The General Schedule.
5333.    Minimum rate for new appointments.
5334.    Rate on change of position or type of appointment; regulations.
5335.    Periodic step-increases.
5336.    Additional step-increases.
[5337.   Repealed.]
5338.    Regulations.

                 SUBCHAPTER IV--PREVAILING RATE SYSTEMS

5341.    Policy.
5342.    Definitions; application.
5343.    Prevailing rate determinations; wage schedules; night 
          differentials.
5344.    Effective date of wage increase; retroactive pay.
[5345.   Repealed.]
5346.    Job grading system.
5347.    Federal Prevailing Rate Advisory Committee.
5348.    Crews of vessels.
5349.    Prevailing rate employees; legislative, judicial, Bureau of 
          Engraving and Printing, and government of the District of 
          Columbia.

                     SUBCHAPTER V--STUDENT-EMPLOYEES

5351.    Definitions.
5352.    Stipends.
5353.    Quarters, subsistence, and laundry.
5354.    Effect of detail or affiliation; travel expenses.
5355.    Effect on other statutes.
5356.    Appropriations.

                 SUBCHAPTER VI--GRADE AND PAY RETENTION

Sec.
5361.    Definitions.
5362.    Grade retention following a change of positions or 
          reclassification.
5363.    Pay retention.
5364.    Remedial actions.
5365.    Regulations.
5366.    Appeals.

                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS

5371.    Health care positions.
5372.    Administrative law judges.
5372a.   Contract appeals board members.
5372b.   Administrative appeals judges.
5373.    Limitation on pay fixed by administrative action.
5374.    Miscellaneous positions in the executive branch.
5375.    Police force of the National Zoological Park.
5376.    Pay for certain senior-level positions.
5377.    Pay authority for critical positions.
5378.    Police forces of the Bureau of Engraving and Printing and the 
          United States Mint.
5379.    Student loan repayments.

         SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE.

5381.    Definitions.
5382.    Establishment and adjustment of rates of pay for the Senior 
          Executive Service.
5383.    Setting individual senior executive pay.
5384.    Performance awards in the Senior Executive Service.
5385.    Regulations.

             SUBCHAPTER IX--SPECIAL OCCUPATIONAL PAY SYSTEMS

5391.    Definitions.
5392.    Establishment of special occupational pay systems.

                SUBCHAPTER I--PAY COMPARABILITY SYSTEM 

Sec. 5301. Policy

    It is the policy of Congress that Federal pay fixing for 
employees under the General Schedule be based on the principles 
that--
            (1) there be equal pay for substantially equal work 
        within each local pay area;
            (2) within each local pay area, pay distinctions be 
        maintained in keeping with work and performance 
        distinctions;
            (3) Federal pay rates be comparable with non-
        Federal pay rates for the same levels of work within 
        the same local pay area; and
            (4) any existing pay disparities between Federal 
        and non-Federal employees should be completely 
        eliminated.

Sec. 5302. Definitions

    For the purpose of this subchapter--
            (1) the term ``statutory pay system'' means a pay 
        system under--
                    (A) subchapter III, relating to the General 
                Schedule;
                    (B) section 403 of the Foreign Service Act 
                of 1980, relating to the Foreign Service of the 
                United States; or
                    (C) chapter 74 of title 38, relating to the 
                Veterans Health Administration (other than a 
                position subject to section 7451 of title 38);
            (2) the term ``ECI'' means the Employment Cost 
        Index (wages and salaries, private industry workers) 
        published quarterly by the Bureau of Labor Statistics;
            (3) the ``base quarter'' for any year is the 3-
        month period ending on September 30 of such year;
            (4) the term ``pay agent'' means the agent 
        designated by the President under section 5304(d)(1);
            (5) the term ``locality'' or ``pay locality'' means 
        any locality, as established or modified under section 
        5304;
            (6) the term ``pay disparity'' as used with respect 
        to a locality, means the extent to which rates of pay 
        payable under the General Schedule are generally lower 
        than the rates paid for the same levels of work by non-
        Federal workers in the same locality; except as 
        otherwise required in this subchapter, a pay disparity 
        shall be expressed as a single percentage which, if 
        uniformly applied to employees within the locality who 
        are receiving rates of pay under the General Schedule, 
        would cause the rates payable to such employees to 
        become substantially equal (when considered in the 
        aggregate) to the rates paid to non-Federal workers for 
        the same levels of work in the same locality;
            (7) the term ``comparability payment'' means a 
        payment payable under section 5304;
            (8) the term ``rates of pay under the General 
        Schedule'', ``rates of pay for the General Schedule'', 
        or ``scheduled rates of basic pay'' means--
                    (A) the rates of basic pay set forth in the 
                General Schedule; and
                    (B) in the case of an employee receiving a 
                retained rate of basic pay under section 5363, 
                the rate of basic pay payable under such 
                section; and
            (9) the term ``General Schedule position'' means 
        any position to which subchapter III applies.

Sec. 5303. Annual adjustments to pay schedules

    (a) Effective as of the first day of the first applicable 
pay period beginning on or after January 1 of each calendar 
year, the rates of basic pay for each statutory pay system 
shall be increased by the percentage (rounded to the nearest 
one-tenth of 1 percent) equal to one-half of 1 percentage point 
less than the percentage by which the ECI for the base quarter 
of the year before the preceding calendar year exceeds the ECI 
for the base quarter of the second year before the preceding 
calendar year (if at all).
    (b)(1) If, because of national emergency or serious 
economic conditions affecting the general welfare, the 
President should consider the pay adjustment which would 
otherwise be required by subsection (a) in any year to be 
inappropriate, the President shall--
            (A) prepare and transmit to Congress before 
        September 1 of the preceding calendar year a plan for 
        such alternative pay adjustments as he considers 
        appropriate, together with the reasons therefor; and
            (B) adjust the rates of pay of each statutory pay 
        system, in accordance with such plan, effective on the 
        same day as the increase under subsection (a) would 
        otherwise take effect.
    (2) In evaluating an economic condition affecting the 
general welfare under this subsection, the President shall 
consider pertinent economic measures including, but not limited 
to, the Indexes of Leading Economic Indicators, the Gross 
National Product, the unemployment rate, the budget deficit, 
the Consumer Price Index, the Producer Price Index, the 
Employment Cost Index, and the Implicit Price Deflator for 
Personal Consumption Expenditures.
    (3) The President shall include in the report to Congress 
under paragraph (1)(A) his assessment of the impact that the 
alternative pay adjustments under this subsection will have on 
the Government's ability to recruit and retain well-qualified 
employees.
    (c) The rates of basic pay that take effect under this 
section--
            (1) shall modify, supersede, or render 
        inapplicable, as the case may be, to the extent 
        inconsistent therewith, any prior rates of basic pay 
        under the statutory pay system involved (as last 
        adjusted under this section or prior provisions of 
        law); and
            (2) shall be printed in the Federal Register and 
        the Code of Federal Regulations.
    (d) An increase in rates of basic pay that takes effect 
under this section is not an equivalent increase in pay within 
the meaning of section 5335.
    (e) This section does not impair any authority pursuant to 
which rates of basic pay may be fixed by administrative action.
    (f) Pay may not be paid, by reason of any provision of this 
section (disregarding any comparability payment payable), at a 
rate in excess of the rate of basic pay payable for level V of 
the Executive Schedule.
    (g) Any rate of pay under this section shall be initially 
adjusted, effective on the effective date of the rate of pay, 
under conversion rules prescribed by the President or by such 
agency or agencies as the President may designate.

Sec. 5304. Locality-based comparability payments \1\

    (a) Pay disparities shall be identified and reduced as 
follows:
---------------------------------------------------------------------------
    \1\ Section 302 of the Federal Employees Pay Comparability Act of 
1990 (Public Law 101-509; 104 Stat. 1462) provides as follows:
---------------------------------------------------------------------------

SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS.
---------------------------------------------------------------------------
    (a) Definitions.--For the purpose of this section--
---------------------------------------------------------------------------

          (1) the term ``area'' means any consolidated metropolitan 
        statistical area, primary metropolitan statistical area, or 
        metropolitan statistical area, with at least 5,000 General 
        Schedule employees; and
          (2) the term ``pay relative'' shall have the meaning given 
        such term under regulations prescribed by the Bureau of Labor 
        Statistics.
---------------------------------------------------------------------------
    (b) Authority.--(1) The President may establish geographic 
adjustments of up to 8 percent of basic pay which may be paid to each 
General Schedule employee (including an employee covered by the 
performance management and recognition system) whose duty station is 
within any area where such adjustment is needed (as determined under 
paragraph (2)).
    (2) In determining areas where an interim geographic adjustment is 
needed, the President shall consider available evidence of significant 
pay disparities, including BLS information on pay relatives and 
relevant commercial surveys, and recruitment or retention problems.
    (c) Administration.--(1) An adjustment under this section shall be 
administered to the extent practicable in the same manner as locality-
based comparability payments under subchapter I of chapter 53 of title 
5, United States Code (as amended by this Act), including in terms of--
---------------------------------------------------------------------------

          (A) the basic pay to which a percentage is applied in 
        computing an amount payable under this section;
          (B) the purposes for which any amount under this section is 
        to be considered part of basic pay;
          (C) the time and manner in which amounts under this section 
        are to be paid (including any maximum rate limitation); and
          (D) the authority of the President, upon request of an agency 
        head, to extend this section to employees who would not 
        otherwise be covered.
---------------------------------------------------------------------------
    (2) No amount payable under this section shall be taken into 
account in any survey or computation under, or for any other purpose in 
the administration of, section 5304 of title 5, United States Code (as 
so amended).
    [To reflect the probable intent of Congress this subsection has not 
been redesignated, notwithstanding section 3(4)(B) of Public Law 102-
378.]
    (d) Commencement and Termination Rules.--(1) The effective date of 
an adjustment under this section shall be as determined by the 
President, but not later than January 1, 1994.
    (2)(A) The size of any payments under this section may be reduced 
or terminated after the amendments made by section 101 of this Act take 
effect, except that the reduction or termination of a payment under 
this section may not have the effect of reducing, for the individual 
involved, the total rate at which additional forms of basic pay (as 
defined in subparagraph (B)) are payable to such individual.
    (B) The total rate to which subparagraph (A) applies is the sum 
of--
---------------------------------------------------------------------------

          (i) the rate at which comparability payments (under section 
        5304 of title 5, United States Code, as amended by such Act) 
        are payable; and
          (ii) the rate at which payments under this section are 
        payable.
---------------------------------------------------------------------------
    (e) Employees Receiving Special Pay Rates.--The President (or his 
designated agent) shall determine what, if any, geographic adjustment 
shall be payable under this section in the case of an employee whose 
rate of pay is fixed under section 5303 of title 5, United States Code 
(as in effect before the date of enactment of this Act), section 5305 
of title 5, United States Code (as amended by section 101 of this Act), 
or any similar provision of law.
    (f) Effective Date.--This section shall take effect on the date of 
enactment of this Act.
---------------------------------------------------------------------------
            (1) Comparability payments shall be payable within 
        each locality determined to have a pay disparity 
        greater than 5 percent.
            (2)(A) The localities having pay disparities, and 
        the size of those disparities, shall, for purposes of 
        any comparability payment scheduled to take effect in 
        any calendar year, be determined in accordance with the 
        appropriate report, as prepared and submitted to the 
        President under subsection (d)(1) for purposes of such 
        calendar year.
            (B) Any computation necessary to determine the size 
        of the comparability payment to become payable for any 
        locality in a year (as well as any determination as to 
        the size of any pay disparity remaining after that 
        comparability payment is made) shall likewise be made 
        using data contained in the appropriate report 
        (described in subparagraph (A)) so prepared and 
        submitted for purposes of such calendar year.
            (3) Subject to paragraph (4), the amount of the 
        comparability payments payable under this subsection in 
        a calendar year within any locality in which a 
        comparability payment is payable shall be computed 
        using such percentage as the President determines for 
        such locality under subsection (d)(2), except that--
                    (A) the percentage for the first calendar 
                year in which any amounts are payable under 
                this section may not be less than \1/5\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (B) the percentage for the second calendar 
                year in which any amounts are payable under 
                this section may not be less than \3/10\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (C) the percentage for the third calendar 
                year in which any amounts are payable under 
                this section may not be less than \2/5\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (D) the percentage for the fourth calendar 
                year in which any amounts are payable under 
                this section may not be less than \1/2\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (E) the percentage for the fifth calendar 
                year in which any amounts are payable under 
                this section may not be less than \3/5\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (F) the percentage for the sixth calendar 
                year in which any amounts are payable under 
                this section may not be less than \7/10\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (G) the percentage for the seventh calendar 
                year in which any amounts are payable under 
                this section may not be less than \4/5\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent;
                    (H) the percentage for the eighth calendar 
                year in which any amounts are payable under 
                this section may not be less than \9/10\ of the 
                amount needed to reduce the pay disparity of 
                the locality involved to 5 percent; and
                    (I) the percentage for the ninth calendar 
                year in which any amounts are payable under 
                this section, and any year thereafter, may not 
                be less than the full amount necessary to 
                reduce the pay disparity of the locality 
                involved to 5 percent.
            (4) Nothing in this section shall be considered to 
        preclude the President, in his discretion, from 
        adjusting comparability payments to a level higher than 
        the minimum level otherwise required in a calendar 
        year, including to the level necessary to eliminate a 
        locality's pay disparity completely.
    (b) After the ninth calendar year (referred to in 
subsection (a)(3)(I)), the level of comparability payments 
payable within such locality may be reduced for any subsequent 
calendar year, but only if, or to the extent that, the 
reduction would not immediately create another pay disparity in 
excess of 5 percent within the locality (taking into 
consideration any comparability payments remaining payable).
    (c)(1) The amount of the comparability payment payable 
within any particular locality during a calendar year--
            (A) shall be stated as a single percentage, which 
        shall be uniformly applicable to General Schedule 
        positions within the locality; and
            (B) shall, for any employee entitled to receive a 
        comparability payment, be computed by applying that 
        percentage to such employee's scheduled rate of basic 
        pay (or, if lower due to a limitation on the rate 
        payable, the rate actually payable), subject to 
        subsection (g).
    (2) A comparability payment--
            (A) shall be considered to be part of basic pay for 
        purposes of retirement under chapter 83 or 84, as 
        applicable, life insurance under chapter 87, and 
        premium pay under subchapter V of chapter 55, and for 
        such other purposes as may be expressly provided for by 
        law or as the Office of Personnel Management may by 
        regulation prescribe; and
            (B) shall be paid in the same manner and at the 
        same time as the basic pay payable to such employee 
        pursuant to any provision of law outside of this 
        section.
    (3) Nothing in this subchapter shall be considered to 
permit or require that any portion of a comparability payment 
be taken into account for purposes of any adjustment under 
section 5303.
    (4)(A) Only employees receiving scheduled rates of basic 
pay (subject to any pay limitation which may apply) shall be 
eligible for comparability payments under this section.
    (B) Comparability payments shall not be payable for service 
performed in any position which may not, under subsection 
(f)(1)(A), be included within a pay locality.
    (d) In order to carry out this section, the President 
shall--
            (1) direct such agent as he considers appropriate 
        to prepare and submit to him annually, after 
        considering such views and recommendations as may be 
        submitted under subsection (e) (but not later than 13 
        months before the start of the calendar year for 
        purposes of which it is prepared), a report that--
                    (A) compares the rates of pay under the 
                General Schedule (disregarding any described in 
                section 5302(8)(C)) \1\ with the rates of pay 
                generally paid to non-Federal workers for the 
                same levels of work within each pay locality, 
                as determined on the basis of appropriate 
                surveys that shall be conducted by the Bureau 
                of Labor Statistics;
---------------------------------------------------------------------------
    \1\ Section 5302(8)(C) referred to in subsection (d)(1)(A) was 
redesignated 5302(8)(B) of this title by Public Law 103-89, section 
3(b)(1)(E)(i)(II), Sept. 30, 1993, 107 Stat. 981.
---------------------------------------------------------------------------
                    (B) based on data from such surveys, 
                identifies each locality in which a pay 
                disparity exists and specifies the size of each 
                such pay disparity (before and after taking 
                into consideration any comparability payments 
                payable);
                    (C) makes recommendations for appropriate 
                comparability payments, in conformance with 
                applicable requirements of this section; and
                    (D) includes the views and recommendations 
                submitted under subsection (e);
            (2) after considering the report of his agent 
        (including the views and recommendations referred to in 
        subsection (e)(2)(C) \2\, provide for or adjust 
        comparability payments in conformance with applicable 
        requirements of this section, effective as of the 
        beginning of the first applicable pay period commencing 
        on or after January 1 of the applicable year; and
---------------------------------------------------------------------------
    \2\ Probably should include a closing parethesis.
---------------------------------------------------------------------------
            (3) transmit to Congress a report of the actions 
        taken under paragraph (2) (together with a copy of the 
        report submitted to him by his agent, including the 
        views and recommendations referred to in subsection 
        (e)(2)(C)) which shall--
                    (A) identify each pay locality;
                    (B) specify which localities have pay 
                disparities in excess of 5 percent, and the 
                size of the disparity existing in each of those 
                localities, according to the pay agent's most 
                recent report under paragraph (1) (before and 
                after taking into consideration any 
                comparability payments payable); and
                    (C) indicate the size of the respective 
                comparability payments (expressed as 
                percentages) which will be in effect under 
                paragraph (2) for the various pay localities 
                specified under subparagraph (B) for the 
                applicable calendar year.
    (e)(1) The President shall establish a Federal Salary 
Council of 9 members, of whom--
            (A) 3 shall be chosen from among persons generally 
        recognized for their impartiality, knowledge, and 
        experience in the field of labor relations and pay 
        policy; and
            (B) 6 shall be representatives of employee 
        organizations which represent substantial numbers of 
        employees holding General Schedule positions, and who 
        shall be selected giving due consideration to such 
        factors as the relative numbers of employees 
        represented by the various organizations, except that 
        not more than 3 members of the Council at any one time 
        shall be from a single employee organization, council, 
        federation, alliance, association, or affiliation of 
        employee organizations.

Members of the Council shall not receive pay by reason of their 
service on the Council, nor shall members who are not otherwise 
employees of the United States be considered employees by 
reason of any such service. However, members under subparagraph 
(A) may be paid expenses in accordance with section 5703. The 
President shall designate one of the members to serve as 
Chairman of the Federal Salary Council. One of the 3 members 
under subparagraph (A) may be the Chairman of the Federal 
Prevailing Rate Advisory Committee, notwithstanding the 
restriction under section 5347(a)(1), and such individual may 
also be designated to serve as Chairman of the Federal Salary 
Council.
    (2) The pay agent shall--
            (A) provide for meetings with the Council and give 
        thorough consideration to the views and recommendations 
        of the Council and the individual views and 
        recommendations, if any, of the members of the Council 
        regarding--
                    (i) the establishment or modification of 
                pay localities;
                    (ii) the coverage of the surveys of pay 
                localities conducted by the Bureau of Labor 
                Statistics under subsection (d)(1)(A) 
                (including, but not limited to, the 
                occupations, establishment sizes, and 
                industries to be surveyed, and how pay 
                localities are to be surveyed);
                    (iii) the process of comparing the rates of 
                pay payable under the General Schedule with 
                rates of pay for the same levels of work 
                performed by non-Federal workers; and
                    (iv) the level of comparability payments 
                that should be paid in order to eliminate or 
                reduce pay disparities in accordance with the 
                requirements of this section;
            (B) give thorough consideration to the views and 
        recommendations of employee organizations not 
        represented on the Council regarding the subjects in 
        subparagraph (A)(i)-(iv); and
            (C) include in its report to the President the 
        views and recommendations submitted as provided in this 
        subsection by the Council, by any member of the 
        Council, and by employee organizations not represented 
        on the Council.
    (f)(1) The pay agent may provide for such pay localities as 
the pay agent considers appropriate, except that--
            (A) each General Schedule position (excluding any 
        outside the continental United States, as defined in 
        section 5701(6)) shall be included with \1\ a pay 
        locality; and
---------------------------------------------------------------------------
    \1\ Probably should be ``within''.
---------------------------------------------------------------------------
            (B) the boundaries of pay localities shall be 
        determined based on appropriate factors which may 
        include local labor market patterns, commuting 
        patterns, and practices of other employers.
    (2)(A) The establishment or modification of any such 
boundaries shall be effected by regulations which, 
notwithstanding subsection (a)(2) of section 553, shall be 
promulgated in accordance with the notice and comment 
requirements of such section.
    (B) Judicial review of any regulation under this subsection 
shall be limited to whether or not it was promulgated in 
accordance with the requirements referred to in subparagraph 
(A).
    (g)(1) Except as provided in paragraph (2), comparability 
payments may not be paid at a rate which, when added to the 
rate of basic pay otherwise payable to the employee involved, 
would cause the total to exceed the rate of basic pay payable 
for level IV of the Executive Schedule.
    (2) The applicable maximum under this subsection shall be 
level III of the Executive Schedule for--
            (A) positions under subparagraphs (A)-(E) of 
        subsection (h)(1); and
            (B) any positions under subsection (h)(1)(F) which 
        the President may determine.
    (h)(1) For the purpose of this subsection, the term 
``position'' means--
            (A) a position to which section 5376 applies 
        (relating to certain senior-level positions);
            (B) a Senior Executive Service position under 
        section 3132;
            (C) a position in the Federal Bureau of 
        Investigation and Drug Enforcement Administration 
        Senior Executive Service under section 3151;
            (D) a position to which section 5372 applies 
        (relating to administrative law judges appointed under 
        section 3105);
            (E) a position to which section 5372a applies 
        (relating to contract appeals board members); and
            (F) a position within an Executive agency not 
        covered under the General Schedule or any of the 
        preceding subparagraphs, the rate of basic pay for 
        which is (or, but for this section, would be) no more 
        than the rate payable for level IV of the Executive 
        Schedule;
but does not include--
            (i) a position to which subchapter IV applies 
        (relating to prevailing rate systems);
            (ii) a position as to which a rate of pay is 
        authorized under section 5377 (relating to critical 
        positions); or
            (iii) a position to which subchapter II applies 
        (relating to the Executive Schedule).
    (2)(A) Notwithstanding subsection (c)(4) or any other 
provision of this section, but subject to subparagraph (B) and 
paragraph (3), upon the request of the head of an Executive 
agency with respect to 1 or more categories of positions, the 
President may provide that each employee of such agency who 
holds a position within such category, and within the 
particular locality involved, shall be entitled to receive 
comparability payments.
    (B) A request by an agency head or exercise of authority by 
the President under subparagraph (A) shall cover--
            (i) with respect to the positions under 
        subparagraphs (A) through (E) of paragraph (1), all 
        positions described in the subparagraph or 
        subparagraphs involved (excluding any under clause (i) 
        or (ii) of such paragraph); and
            (ii) with respect to the positions under paragraph 
        (1)(F), such positions as may be considered appropriate 
        (excluding any under clause (i) or (ii) of paragraph 
        (1)).
    (C) Notwithstanding subsection (c)(4) or any other 
provision of law, but subject to paragraph (3), in the case of 
a category with positions that are in more than 1 Executive 
agency, the President may, on his own initiative, provide that 
each employee who holds a position within such category, and in 
the locality involved, shall be entitled to receive 
comparability payments. No later than 30 days before an 
employee receives comparability payments under this 
subparagraph, the President or the President's designee shall 
submit a detailed report to the Congress justifying the reasons 
for the extension, including consideration of recruitment and 
retention rates and the expense of extending locality pay.
    (3) Comparability payments under this subsection--
            (A) may be paid only in any calendar year in which 
        comparability payments under the preceding provisions 
        of this section are payable with respect to General 
        Schedule positions within the same locality;
            (B) shall take effect, within the locality 
        involved, on the first day of the first applicable pay 
        period commencing on or after such date as the 
        President designates (except that no date may be 
        designated which would require any retroactive 
        payments), and shall remain in effect through the last 
        day of the last applicable pay period commencing during 
        that calendar year;
            (C) shall be computed using the same percentage as 
        is applicable, for the calendar year involved, with 
        respect to General Schedule positions within the same 
        locality; and
            (D) shall be subject to the applicable limitation 
        under subsection (g).
    (i) The Office of Personnel Management may prescribe 
regulations, consistent with the provisions of this section, 
governing the payment of comparability payments to employees.

Sec. 5304a. Authority to fix an alternative level of comparability 
                    payments

    (a) If, because of national emergency or serious economic 
conditions affecting the general welfare, the President should 
consider the level of comparability payments which would 
otherwise be payable under section 5304 in any year to be 
inappropriate, the President shall--
            (1) prepare and transmit to Congress, at least 1 
        month before those comparability payments (disregarding 
        this section) would otherwise become payable, a report 
        describing the alternative level of payments which the 
        President instead intends to provide, including the 
        reasons why such alternative level is considered 
        necessary; and
            (2) implement the alternative level of payments 
        beginning on the same date as would otherwise apply, 
        for the year involved, under section 5304.
    (b) The requirements set forth in paragraphs (2) and (3), 
respectively, of section 5303(b) shall apply with respect to 
any decision to exercise any authority to fix an alternative 
level of comparability payments under this section.

Sec. 5305. Special pay authority

    (a) Whenever the President finds that the Government's 
recruitment or retention efforts with respect to 1 or more 
occupations in 1 or more areas or locations are, or are likely 
to become, significantly handicapped, due to any of the 
circumstances described in subsection (b), he may establish for 
the areas or locations involved, with respect to individuals in 
positions paid under any of the pay systems referred to in 
subsection (c), higher minimum rates of basic pay for 1 or more 
grades or levels, occupational groups, series, classes, or 
subdivisions thereof, and may make corresponding increases in 
all step rates of the pay range for each such grade or level. 
However, a minimum rate so established may not exceed the 
maximum pay rate prescribed by statute for the grade or level 
by more than 30 percent, and no rate may be established under 
this section (disregarding any amount payable under subsection 
(g)) in excess of the rate of basic pay payable for level V of 
the Executive Schedule. The President may authorize the 
exercise of the authority conferred on him by this section by 
the Office of Personnel Management or, in the case of 
individuals not subject to the provisions of this title 
governing appointment in the competitive service, by such other 
agency as he may designate.
    (b) The circumstances referred to in subsection (a) are--
            (1) rates of pay offered by non-Federal employers 
        being significantly higher than those payable by the 
        Government within the area, location, occupational 
        group, or other class of positions under the pay system 
        involved;
            (2) the remoteness of the area or location 
        involved;
            (3) the undesirability of the working conditions or 
        the nature of the work involved (including exposure to 
        toxic substances or other occupational hazards); or
            (4) any other circumstances which the President (or 
        an agency duly authorized or designated by the 
        President in accordance with the last sentence of 
        subsection (a)) considers appropriate.
    (c) Authority under subsection (a) may be exercised with 
respect to positions paid under--
            (1) a statutory pay system; or
            (2) any other pay system established by or under 
        Federal statute for civilian positions within the 
        executive branch.
    (d) Within the limitations applicable under the preceding 
provisions of this section, rates of pay established under this 
section may be revised from time to time by the President or by 
such agency as he may designate. The actions and revisions have 
the force and effect of statute.
    (e) An increase in a rate of basic pay established under 
this section is not an equivalent increase in pay within the 
meaning of section 5335.
    (f) The rate of basic pay established under this section 
and received by an individual immediately before a statutory 
increase, which becomes effective prior to, on, or after the 
date of enactment of the statute, in the pay schedule 
applicable to such individual of any pay system specified in 
subsection (c) of this section, shall be initially adjusted, 
effective on the effective date of the statutory increase, 
under conversion rules prescribed by the President or by such 
agency as the President may designate.
    (g)(1) The benefit of any comparability payments under 
section 5304 shall be available to individuals receiving rates 
of basic pay established under this section to such extent as 
the President (or his designated agency) considers appropriate, 
subject to paragraph (2) and subsection (h).
    (2) Payments under this subsection may not be made if, or 
to the extent that, when added to basic pay otherwise payable, 
such payments would cause the total to exceed the rate of basic 
pay payable for level IV of the Executive Schedule.
    (h) The rate of basic pay payable to an individual under 
this section may not, at any time, be less than the rate which 
would then be payable to such individual (taking comparability 
payments under section 5304 into account) if this section had 
never been enacted.

                                 NOTE:

    Sections 401-407 of the Federal Employees Pay Comparability Act of 
1990 (Public Law 101-509; 104 Stat. 1467) provide as follows:

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Federal Law Enforcement Pay Reform 
Act of 1990''.

SEC. 402. DEFINITION.

    For the purposes of this title, except as otherwise provided, the 
term ``law enforcement officer'' means any law enforcement officer 
within the meaning of section 5541(3) of title 5, United States Code, 
with respect to whom the provisions of chapter 51 of such title apply.

SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.

    (a) Notwithstanding the procedures of section 5305 of title 5, 
United States Code, as amended by section 101 of this Act, or similar 
provision of law, higher minimum rates and corresponding increases in 
all step rates of each designated General Schedule grade shall be 
established for law enforcement officers in accordance with the 
provisions of this section.
    (b)(1) Effective on the first day of the first applicable pay 
period beginning on or after January 1, 1992, the higher minimum rates 
to be established are as follows:

        GS-3...................................................  Step 4
        GS-4...................................................  Step 4
        GS-5...................................................  Step 4
        GS-6...................................................  Step 3
        GS-7...................................................  Step 3
        GS-8...................................................  Step 3
        GS-9...................................................  Step 2
        GS-10..................................................  Step 2

    (2) Effective on the first day of the first applicable pay period 
beginning on or after January 1, 1993, the higher minimum rates to be 
established are as follows:

        GS-3...................................................  Step 7
        GS-4...................................................  Step 7
        GS-5...................................................  Step 8
        GS-6...................................................  Step 6
        GS-7...................................................  Step 5
        GS-8...................................................  Step 3
        GS-9...................................................  Step 2
        GS-10..................................................  Step 2

    (c) The higher minimum rates and corresponding higher rates for 
each step rate of each designated grade shall apply to every law 
enforcement officer in the designated grades (except in the case of any 
law enforcement officer for whom a higher rate is authorized under 
section 5305 of title 5, United States Code, as amended by section 101 
of this Act, or similar provision of law) in the same manner as rates 
established under section 5305 of such title, as so amended, and may be 
increased in accordance with subsection (f) of such section 5305.
    (d) Any interim entry-level adjustment under section 209 of this 
Act which a law enforcement officer is receiving shall be eliminated on 
the day before the effective date of the higher minimum rates under 
subsection (b)(1).

SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN 
                    SELECTED CITIES.

    (a) A law enforcement officer shall be paid any applicable special 
pay adjustment in accordance with the provisions of this section, but 
such special pay adjustment shall be reduced by the amount of any 
applicable interim geographic adjustment under section 302 of this Act, 
any applicable locality-based comparability payment under section 5304 
of title 5, United States Code, as amended by section 101 of this Act, 
and, to the extent determined appropriate by the Office of Personnel 
Management, any applicable special rate of pay under section 5305 of 
such title, as so amended, or any similar provision of law (other than 
section 403).
    (b)(1) Except as provided in subsection (a), effective on the first 
day of the first applicable pay period beginning on or after January 1, 
1992, each law enforcement officer whose post of duty is in one of the 
following areas shall receive an adjustment, which shall be a 
percentage of the officer's rate of basic pay, as follows:

                Area                                       Differential
        Boston-Lawrence-Salem, MA-NH Consolidated               16%    
            Metropolitan Statistical Area.
        Chicago-Gary-Lake County, IL-IN-WI Consolidated          4%    
            Metropolitan Statistical Area.
        Los Angeles-Anaheim-Riverside, CA Consolidated          16%    
            Metropolitan Statistical Area.
        New York-Northern New Jersey-Long Island, NY-NJ-CT      16%    
            Consolidated Metropolitan Statistical Area.
        Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD             4%    
            Consolidated Metropolitan Statistical Area.
        San Francisco-Oakland-San Jose, CA Consolidated         16%    
            Metropolitan Statistical Area.
        San Diego, CA Metropolitan Statistical Area........      8%    
        Washington-Baltimore DC-MD-VA-WV Consolidated            4%    
            Metropolitan Statistical Area.

    (2) In the case of any area specified in paragraph (1) that 
includes a portion, but not all, of a county, the Office of Personnel 
Management may, at the request of the head of 1 or more law enforcement 
agencies, extend the area specified in paragraph (1) to include, for 
the purposes of this section, the entire county, if the Office 
determines that such extension would be in the interests of good 
personnel administration. Any such extension shall be applicable to 
each law enforcement officer whose post of duty is in the area of the 
extension.
    (c)(1) A special pay adjustment under this section shall be 
administered, to the extent practicable, in the same manner as a 
locality-based comparability payment under section 5304 of title 5, 
United States Code, as amended by section 101 of this Act, and shall be 
considered part of basic pay to the same degree as such a locality-
based comparability payment.
    (2) The Office of Personnel Management may prescribe such 
regulations as it considers necessary concerning the payment of special 
pay adjustments to law enforcement officers under this section.

SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.

    (a) The appropriate agency head (as defined in subsection (c)) 
shall prescribe regulations under which the purposes of sections 403, 
404, and 407 shall be carried out with respect to individuals holding 
positions described in subsection (b).
    (b) This subsection applies with respect to any--
            (1) [Repealed] \1\
            (2) member of the United States Park Police;
            (3) special agent within the Diplomatic Security Service;
            (4) probation officer (referred to in section 3672 of title 
        18, United States Code); or
            (5) pretrial services officer (referred to in section 3153 
        of title 18, United States Code).
    (c) For the purposes of this section, the term ``appropriate agency 
head'' means--
            (1) [Repealed] \1\
---------------------------------------------------------------------------
    \1\ Subsection (b)(1) and (c)(1) of section 405 were repealed by 
section 118(e) of P.L. 105-61.
---------------------------------------------------------------------------
            (2) with respect to any individual under subsection (b)(2), 
        the Secretary of the Interior;
            (3) with respect to any individual under subsection (b)(3), 
        the Secretary of State;
            (4) with respect to any individual under subsection (b)(4) 
        or (b)(5), the Director of the Administrative Office of the 
        United States Courts.

SEC. 406. FBI NEW YORK FIELD DIVISION.

    (a) The total pay of an employee of the Federal Bureau of 
Investigation assigned to the New York Field Division before the date 
of September 29, 1993, in a position covered by the demonstration 
project conducted under section 601 of the Intelligence Authorization 
Act for Fiscal Year 1989 (Public Law 100-453) shall not be reduced as a 
result of the termination of the demonstration project during the 
period that employee remains employed after that date in a position 
covered by the demonstration project.
    (b) Beginning on September 30, 1993, any periodic payment under 
section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year 
1989 for any such employee shall be reduced by the amount of any 
increase in basic pay under title 5, United States Code, including the 
following provisions: an annual adjustment under section 5303, 
locality-based comparability payment under section 5304, initiation or 
increase in a special pay rate under section 5305, promotion under 
section 5334, periodic step increase under section 5335, merit increase 
under section 5404, or other increase to basic pay under any provision 
of law.

SEC. 407. RELOCATION PAYMENTS.

    Notwithstanding section 5753(b)(1)(A) of title 5, United States 
Code, as added by this Act, a law enforcement officer whose rate of 
basic pay is less than $60,000 may receive a relocation payment of up 
to $15,000 under section 5753.

Sec. 5306. Pay fixed by administrative action

    (a) Notwithstanding sections 1341, 1342, and 1349-1351 and 
subchapter II of chapter 15 of title 31--
            (1) the rates of pay of--
                    (A) employees in the legislative, 
                executive, and judicial branches of the 
                Government of the United States (except 
                employees whose pay is disbursed by the 
                Secretary of the Senate or the Chief 
                Administrative Officer of the House of 
                Representatives) and of the government of the 
                District of Columbia, whose rates of pay are 
                fixed by administrative action under law and 
                are not otherwise adjusted under this 
                subchapter;
                    (B) employees under the Architect of the 
                Capitol, whose rates of pay are fixed under 
                section 166b-3a of title 40, and the 
                Superintendent of Garages, House office 
                buildings; and
                    (C) persons employed by the county 
                committees established under section 590h(b) of 
                title 16; and
            (2) and \1\ minimum or maximum rate of pay (other 
        than a maximum rate equal to or greater than the 
        maximum rate then currently being paid under the 
        General Schedule as a result of a pay adjustment under 
        section 5303 (or prior corresponding provision of 
        law)), and any monetary limitation on or monetary 
        allowance for pay, applicable to employees described in 
        subparagraphs (A), (B), and (C) of paragraph (1);
---------------------------------------------------------------------------
    \1\ The word ``and'' probably should read ``any''. See section 
101(a)(1) of P.L. 101-509 (104 Stat. 1429).
---------------------------------------------------------------------------
may be adjusted, by the appropriate authority concerned, 
effective at the beginning of the first applicable pay period 
commencing on or after the day on which a pay adjustment 
becomes effective under section 5303 (or prior provision of 
law), by whichever of the following methods the appropriate 
authority concerned considers appropriate--
            (i) by an amount or amounts not in excess of the 
        pay adjustment provided under section 5303 for 
        corresponding rates of pay in the appropriate schedule 
        or scale of pay;
            (ii) if there are no corresponding rates of pay, by 
        an amount or amounts equal or equivalent, insofar as 
        practicable and with such exceptions and modifications 
        as may be necessary to provide for appropriate pay 
        relationships between positions, to the amount of the 
        pay adjustment provided under section 5303; or
            (iii) in the case of minimum or maximum rates of 
        pay, or monetary limitations of allowances with respect 
        to pay, by an amount rounded to the nearest $100 and 
        computed on the basis of a percentage equal or 
        equivalent, insofar as practicable and with such 
        variations as may be appropriate, to the percentage of 
        the pay adjustment provided under section 5303.
    (b) An adjustment under subsection (a) in rates of pay, 
minimum or maximum rates of pay, the monetary limitations or 
allowances with respect to pay, shall be made in such manner as 
the appropriate authority concerned considers appropriate.
    (c) This section does not authorize any adjustment in the 
rates of pay of employees whose rates of pay are fixed and 
adjusted from time to time as nearly as is consistent with the 
public interest in accordance with prevailing rates or 
practices.
    (d) This section does not impair any authority under which 
rates of pay may be fixed by administrative action.
    (e) Pay may not be paid, by reason of any exercise of 
authority under this section, at a rate in excess of the rate 
of basic pay payable for level V of the Executive Schedule.

Sec. 5307. Limitation on certain payments

    (a)(1) Except as otherwise permitted by or under law, no 
allowance, differential, bonus, award, or other similar cash 
payment under this title may be paid to an employee in a 
calendar year if, or to the extent that, when added to the 
total basic pay paid or payable to such employee for service 
performed in such calendar year as an employee in the executive 
branch (or as an employee outside the executive branch to whom 
chapter 51 applies), such payment would cause the total to 
exceed the annual rate of basic pay payable for level I of the 
Executive Schedule, as of the end of such calendar year.
    (2) This section shall not apply to any payment under--
            (A) subchapter III or VII of chapter 55 or section 
        5596;
            (B) chapter 57 (other than section 5753, 5754, or 
        5755); or
            (C) chapter 59 (other than section 5925, 5928, 
        5941(a)(2), or 5948).
    (b)(1) Any amount which is not paid to an employee in a 
calendar year because of the limitation under subsection (a) 
shall be paid to such employee in a lump sum at the beginning 
of the following calendar year.
    (2) Any amount paid under this subsection in a calendar 
year shall be taken into account for purposes of applying the 
limitations under subsection (a) with respect to such calendar 
year.
    (c) The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out this section, 
including regulations (consistent with section 5582) concerning 
how a lump-sum payment under subsection (b) shall be made with 
respect to any employee who dies before an amount payable to 
such employee under subsection (b) is made.


              SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

Sec. 5311. The Executive Schedule

    The Executive Schedule, which is divided into five pay 
levels, is the basic pay schedule for positions, other than 
Senior Executive Service positions and positions in the Federal 
Bureau of Investigation and Drug Enforcement Administration 
Senior Executive Service, to which this subchapter applies.

Sec. 5312. Positions at level I

    Level I of the Executive Schedule applies to the following 
positions for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
            Secretary of State.
            Secretary of the Treasury.
            Secretary of Defense.
            Attorney General.
            Secretary of the Interior.
            Secretary of Agriculture.
            Secretary of Commerce.
            Secretary of Labor.
            Secretary of Health and Human Services.
            Secretary of Housing and Urban Development.
            Secretary of Transportation.
            United States Trade Representative.
            Secretary of Energy.
            Secretary of Education.
            Secretary of Veterans Affairs.
            Director of Office of Management and Budget.
            Commissioner of Social Security, Social Security 
        Administration.
            Director of National Drug Control Policy.
            Chairman, Board of Governors of the Federal Reserve 
        System.

Sec. 5313. Positions at level II

    Level II of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
            Deputy Secretary of Defense.
            Deputy Secretary of State.
            Deputy Secretary of State for Management and 
        Resources.
            Administrator, Agency for International 
        Development.
            Administrator of the National Aeronautics and Space 
        Administration.
            Deputy Secretary of Veterans Affairs.
            Deputy Secretary of the Treasury.
            Deputy Secretary of Transportation.
            Chairman, Nuclear Regulatory Commission.
            Chairman, Council of Economic Advisers.
            Director of the Office of Science and Technology.
            Director of Central Intelligence.
            Secretary of the Air Force.
            Secretary of the Army.
            Secretary of the Navy.
            Administrator, Federal Aviation Administration.
            Director of the National Science Foundation.
            Deputy Attorney General.
            Deputy Secretary of Energy.
            Deputy Secretary of Agriculture.
            Director of the Office of Personnel Management.
            Administrator, Federal Highway Administration.
            Administrator of the Environmental Protection 
        Agency.
            Under Secretary of Defense for Acquisition, 
        Technology, and Logistics.
            Deputy Secretary of Labor.
            Deputy Director of the Office of Management and 
        Budget.
            Independent Members, Thrift Depositor Protection 
        Oversight Board.
            Deputy Secretary of Health and Human Services.
            Deputy Secretary of the Interior.
            Deputy Secretary of Education.
            Deputy Secretary of Housing and Urban Development.
            Deputy Director of Management, Office of Management 
        and Budget.
            Director of the Office of Federal Housing 
        Enterprise Oversight, Department of Housing and Urban 
        Development.
            Deputy Commissioner of Social Security, Social 
        Security Administration.
            Administrator of the Community Development 
        Financial Institutions Fund.
            Deputy Director of National Drug Control Policy.
            Members, Board of Governors of the Federal Reserve 
        System.

Sec. 5314. Positions at level III

    Level III of the Executive Schedule applies to the 
following positions, for which the annual rate of basic pay 
shall be the rate determined with respect to such level under 
chapter 11 of title 2, as adjusted by section 5318 of this 
title:
            Solicitor General of the United States.
            Under Secretary of Commerce, Under Secretary of 
        Commerce for Economic Affairs, Under Secretary of 
        Commerce for Export Administration and Under Secretary 
        of Commerce for Travel and Tourism.
            Under Secretaries of State (6).
            Under Secretaries of the Treasury (3).
            Administrator of General Services.
            Administrator of the Small Business Administration.
            Deputy Administrator, Agency for International 
        Development.
            Chairman of the Merit Systems Protection Board.
            Chairman, Federal Communications Commission.
            Chairman, Board of Directors, Federal Deposit 
        Insurance Corporation.
            Chairman, Federal Energy Regulatory Commission.
            Chairman, Federal Trade Commission.
            Chairman, Surface Transportation Board.
            Chairman, National Labor Relations Board.
            Chairman, Securities and Exchange Commission.
            Chairman, Board of Directors of the Tennessee 
        Valley Authority.
            Chairman, National Mediation Board.
            Chairman, Railroad Retirement Board.
            Chairman, Federal Maritime Commission.
            Comptroller of the Currency.
            Commissioner of Internal Revenue.
            Under Secretary of Defense for Policy.
            Under Secretary of Defense (Comptroller).
            Under Secretary of Defense for Personnel and 
        Readiness.
            Deputy Administrator of the National Aeronautics 
        and Space Administration.
            Deputy Directors of Central Intelligence (2).
            Director of the Office of Emergency Planning.
            Director of the Peace Corps.
            Deputy Director, National Science Foundation.
            President of the Export-Import Bank of Washington.
            Members, Nuclear Regulatory Commission.
            Members, Defense Nuclear Facilities Safety Board.
            Director of the Federal Bureau of Investigation, 
        Department of Justice.
            Administrator of the National Highway Traffic 
        Safety Administration.
            Administrator of the Federal Motor Carrier Safety 
        Administration.
            Administrator, Federal Railroad Administration.
            Chairman, National Transportation Safety Board.
            Chairman of the National Endowment for the Arts the 
        incumbent of which also serves as Chairman of the 
        National Council on the Arts.
            Chairman of the National Endowment for the 
        Humanities.
            Director of the Federal Mediation and Conciliation 
        Service.
            Federal Transit Administrator.
            President, Overseas Private Investment Corporation.
            Chairman, Postal Rate Commission.
            Chairman, Occupational Safety and Health Review 
        Commission.
            Governor of the Farm Credit Administration.
            Chairman, Equal Employment Opportunity Commission.
            Chairman, Consumer Product Safety Commission.
            Under Secretaries of Energy (2).
            Chairman, Commodity Futures Trading Commission.
            Deputy United States Trade Representatives (3).
            Chief Agricultural Negotiator.
            Chairman, United States International Trade 
        Commission.
            Under Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            Associate Attorney General.
            Chairman, Federal Mine Safety and Health Review 
        Commission.
            Chairman, National Credit Union Administration 
        Board.
            Deputy Director of the Office of Personnel 
        Management.
            Under Secretary of Agriculture for Farm and Foreign 
        Agricultural Services.
            Under Secretary of Agriculture for Food, Nutrition, 
        and Consumer Services.
            Under Secretary of Agriculture for Natural 
        Resources and Environment.
            Under Secretary of Agriculture for Research, 
        Education, and Economics.
            Under Secretary of Agriculture for Food Safety.
    Under Secretary of Agriculture for Marketing and Regulatory 
Programs.\1\
---------------------------------------------------------------------------
    \1\ Indentation so in original.
---------------------------------------------------------------------------
            Director, Institute for Scientific and 
        Technological Cooperation.
            Under Secretary of Agriculture for Rural 
        Development.
            Administrator, Maritime Administration.
            Executive Director, Property Review Board.
            Deputy Administrator of the Environmental 
        Protection Agency.
            Archivist of the United States.
            Executive Director, Federal Retirement Thrift 
        Investment Board.
            Deputy Under Secretary of Defense for Acquisition 
        and Technology.
            Deputy Under Secretary of Defense for Logistics and 
        Materiel Readiness.
            Director, Trade and Development Agency.
            Under Secretary of Commerce for Technology.
            Under Secretary for Health, Department of Veterans 
        Affairs.
            Under Secretary for Benefits, Department of 
        Veterans Affairs.
            Under Secretary for Memorial Affairs, Department of 
        Veterans Affairs.
            Director of the Office of Government Ethics.
            Administrator for Federal Procurement Policy.
            Administrator, Office of Information and Regulatory 
        Affairs, Office of Management and Budget.
            Director of the Office of Thrift Supervision.
            Chairperson of the Federal Housing Finance Board.
            Executive Secretary, National Space Council.
            Controller, Office of Federal Financial Management, 
        Office of Management and Budget.
            Under Secretary of Education.
            chief executive officer, Resolution Trust 
        Corporation.1,}2
---------------------------------------------------------------------------
    \1\ So in law. Should have been caps and lowercase.
    \2\ The amendment made by section 5(b)(1) of the Resolution Trust 
Corporation Completion Act (Public Law 103-204; 107 Stat. 2382), 
striking the item ``chief executive officer of the Resolution Trust 
Corporation.'', could not be executed.
---------------------------------------------------------------------------
            Administrator, Research and Special Programs 
        Administration.
            Under Secretary of Commerce for Intellectual 
        Property and Director of the United States Patent and 
        Trademark Office.
            Register of Copyrights.
            Deputy Director for Demand Reduction, Office of 
        National Drug Control Policy.
            Deputy Director for Supply Reduction, Office of 
        National Drug Control Policy.
            Deputy Director for State and Local Affairs, Office 
        of National Drug Control Policy.
            Commissioner of Customs, Department of the Treasury 
        \3\
---------------------------------------------------------------------------
    \3\ Subsections (a)(2) and (b) of section 238 of H.R. 3425 (113 
Stat. 1501A-302) (as enacted into law by section 1000(a)(5) of Public 
Law 106-113; 113 Stat. 1536) provides the following:

    (2) Section 5314 of title 5, United States Code, is amended by 
inserting at the end the following item: ``Commissioner of Customs, 
Department of the Treasury''.
    (b) Effective Date.--The amendment made by this subsection shall 
take effect on January 1, 2000.

    The amendment made by paragraph (2) should have included a period 
inside the closing quotation marks. The language in subsection (b) 
probably should have been ``The amendment made by this section''.
---------------------------------------------------------------------------

Sec. 5315. Positions at level IV

    Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
            Deputy Administrator of General Services.
            Associate Administrator of the National Aeronautics 
        and Space Administration.
            Assistant Administrators, Agency for International 
        Development (6).
            Regional Assistant Administrators, Agency for 
        International Development (4).
            Under Secretary of the Air Force.
            Under Secretary of the Army.
            Under Secretary of the Navy.
            Assistant Secretaries of Agriculture (2).
            Assistant Secretaries of Commerce (11).
            Assistant Secretaries of Defense (9).
            Assistant Secretaries of the Air Force (4).
            Assistant Secretaries of the Army (5).
            Assistant Secretaries of the Navy (4).
            Assistant Secretaries of Health and Human Services 
        (6).
            Assistant Secretaries of the Interior (6).
            Assistant Attorneys General (10).
            Assistant Secretaries of Labor (10), one of whom 
        shall be the Assistant Secretary of Labor for Veterans' 
        Employment and Training.
            Assistant Secretaries of the Treasury (7).
            Members, United States International Trade 
        Commission (5).
            Assistant Secretaries of Education (10).
            General Counsel, Department of Education.
            Inspector General, Department of Education.
            Director of Civil Defense, Department of the Army.
            Deputy Director of the Office of Emergency 
        Planning.
            Deputy Director of the Office of Science and 
        Technology.
            Deputy Director of the Peace Corps.
            Assistant Directors of the Office of Management and 
        Budget (3).
            General Counsel of the Department of Agriculture.
            General Counsel of the Department of Commerce.
            General Counsel of the Department of Defense.
            General Counsel of the Department of Health and 
        Human Services.
            Solicitor of the Department of the Interior.
            Solicitor of the Department of Labor.
            General Counsel of the National Labor Relations 
        Board.
            General Counsel of the Department of the Treasury.
            First Vice President of the Export-Import Bank of 
        Washington.
            Members, Council of Economic Advisers.
            Members, Board of Directors of the Export-Import 
        Bank of Washington.
            Members, Federal Communications Commission.
            Member, Board of Directors of the Federal Deposit 
        Insurance Corporation.
            Directors, Federal Housing Finance Board.
            Members, Federal Energy Regulatory Commission.
            Members, Federal Trade Commission.
            Members, Surface Transportation Board.
            Members, National Labor Relations Board.
            Members, Securities and Exchange Commission.
            Members, Board of Directors of the Tennessee Valley 
        Authority.
            Members, Merit Systems Protection Board.
            Members, Federal Maritime Commission.
            Members, National Mediation Board.
            Members, Railroad Retirement Board.
            Director of Selective Service.
            Associate Director of the Federal Bureau of 
        Investigation, Department of Justice.
            Members, Equal Employment Opportunity Commission 
        (4).
            Director, Community Relations Service.
            Members, National Transportation Safety Board.
            General Counsel, Department of Transportation.
            Deputy Administrator, Federal Aviation 
        Administration.
            Assistant Secretaries of Transportation (4).
            Deputy Federal Highway Administrator.
            Administrator of the Saint Lawrence Seaway 
        Development Corporation.
            Assistant Secretary for Science, Smithsonian 
        Institution.
            Assistant Secretary for History and Art, 
        Smithsonian Institution.
            Deputy Administrator of the Small Business 
        Administration.
            Assistant Secretaries of Housing and Urban 
        Development (8).
            General Counsel of the Department of Housing and 
        Urban Development.
            Commissioner of Interama.
            Federal Insurance Administrator, Federal Emergency 
        Management Agency.
            Executive Vice President, Overseas Private 
        Investment Corporation.
            Members, National Credit Union Administration Board 
        (2).
            Members, Postal Rate Commission (4).
            Members, Occupational Safety and Health Review 
        Commission.
            Deputy Under Secretaries of the Treasury (or 
        Assistant Secretaries of the Treasury) (2).
            Members, Consumer Product Safety Commission (4).
            Members, Commodity Futures Trading Commission.
            Director of Nuclear Reactor Regulation, Nuclear 
        Regulatory Commission.
            Director of Nuclear Material Safety and Safeguards, 
        Nuclear Regulatory Commission.
            Director of Nuclear Regulatory Research, Nuclear 
        Regulatory Commission.
            Executive Director for Operations, Nuclear 
        Regulatory Commission.
            President, Government National Mortgage 
        Association, Department of Housing and Urban 
        Development.
            Assistant Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Deputy Administrator of the National Oceanic and 
        Atmospheric Administration.
            Commissioner of Immigration and Naturalization, 
        Department of Justice.
            Director, Bureau of Prisons, Department of Justice.
            Assistant Secretaries of Energy (6).
            General Counsel of the Department of Energy.
            Administrator, Economic Regulatory Administration, 
        Department of Energy.
            Administrator, Energy Information Administration, 
        Department of Energy.
            Inspector General, Department of Energy.
            Director, Office of Science, Department of Energy.
            Assistant Secretary of Labor for Mine Safety and 
        Health.
            Members, Federal Mine Safety and Health Review 
        Commission.
            President, National Consumer Cooperative Bank.
            Inspector General, Department of Health and Human 
        Services.
            Inspector General, Department of Agriculture.
            Special Counsel of the Merit Systems Protection 
        Board.
            Inspector General, Department of Housing and Urban 
        Development.
            Chairman, Federal Labor Relations Authority.
            Inspector General, Department of Labor.
            Inspector General, Department of Transportation.
            Inspector General, Department of Veterans Affairs.
            Deputy Director, Institute for Scientific and 
        Technological Cooperation.
            Director of the National Institute of Justice.
            Director of the Bureau of Justice Statistics.
            Chief Counsel for Advocacy, Small Business 
        Administration.
            Inspector General, Department of Defense.
            Assistant Administrator for Toxic Substances, 
        Environmental Protection Agency.
            Assistant Administrator, Office of Solid Waste, 
        Environmental Protection Agency.
            Assistant Administrators, Environmental Protection 
        Agency (8).
            Director of Operational Test and Evaluation, 
        Department of Defense.
            Special Representatives of the President for arms 
        control, nonproliferation, and disarmament matters, 
        Department of State.
            Administrator of the Health Care Financing 
        Administration.
            Director, National Institute of Standards and 
        Technology, Department of Commerce.
            Inspector General, Department of State.
            Director of Defense Research and Engineering.
            Ambassadors at Large.
            Commissioner, National Center for Education 
        Statistics.
            Assistant Secretary of Commerce and Director 
        General of the United States and Foreign Commercial 
        Service.
            Inspector General, Department of Commerce.
            Inspector General, Department of the Interior.
            Inspector General, Department of Justice.
            Inspector General, Department of the Treasury.
            Inspector General, Agency for International 
        Development.
            Inspector General, Environmental Protection Agency.
            Inspector General, Federal Emergency Management 
        Agency.
            Inspector General, General Services Administration.
            Inspector General, National Aeronautics and Space 
        Administration.
            Inspector General, Nuclear Regulatory Commission.
            Inspector General, Office of Personnel Management.
            Inspector General, Railroad Retirement Board.
            Inspector General, Small Business Administration.
            Inspector General, Tennessee Valley Authority.
    Inspector General, Federal Deposit Insurance Corporation. 
\1\
---------------------------------------------------------------------------
    \1\ Margin so in law. Probably should be moved 2 ems to the right.
---------------------------------------------------------------------------
            Assistant Secretaries, Department of Veterans 
        Affairs (6).
            General Counsel, Department of Veterans Affairs.
            Commissioner of Food and Drugs, Department of 
        Health and Human Services.
            Chairman, Board of Veterans' Appeals.
            Administrator, Office of Juvenile Justice and 
        Delinquency Prevention.
            Director, United States Marshals Service.
            Inspector General, Resolution Trust Corporation.
            Chairman, United States Parole Commission.
            Chief Financial Officer, Department of Agriculture.
            Chief Financial Officer, Department of Commerce.
            Chief Financial Officer, Department of Education.
            Chief Financial Officer, Department of Energy.
            Chief Financial Officer, Department of Health and 
        Human Services.
            Chief Financial Officer, Department of Housing and 
        Urban Development.
            Chief Financial Officer, Department of Interior.
            Chief Financial Officer, Department of Justice.
            Chief Financial Officer, Department of Labor.
            Chief Financial Officer, Department of State.
            Chief Financial Officer, Department of 
        Transportation.
            Chief Financial Officer, Department of Treasury.
            Chief Financial Officer, Department of Veterans 
        Affairs.
            Chief Financial Officer, Environmental Protection 
        agency.
            Chief Financial Officer, National Aeronautics and 
        Space Administration.
            Director, Bureau of the Census, Department of 
        Commerce.
            Director of the Institute of Museum and Library 
        Services.
            20 Assistant Secretaries of State \1\ and 4 other 
        State Department officials to be appointed by the 
        President, by and with the advice and consent of the 
        Senate.
---------------------------------------------------------------------------
    \1\ Section 2305(b)(2) of Public Law 105-277 (105 Stat. 2681-825) 
made the following amendment which could not be executed:
---------------------------------------------------------------------------

                    (2) Conforming amendment to title 5.--Section 5315 
                of title 5, United States Code, is amended by striking 
                ``Assistant Secretaries of State (20)'' and inserting 
                ``Assistant Secretaries of State (24)''.
            Commissioner, Office of Navajo and Hopi Indian 
        Relocation.
            Inspector General, Central Intelligence Agency \2\
---------------------------------------------------------------------------
    \2\ So in law. Probably should end with a period.
---------------------------------------------------------------------------
            Deputy Under Secretary of Defense for Policy.
            General Counsel of the Department of the Army.
            General Counsel of the Department of the Navy.
            General Counsel of the Department of the Air Force.
        Liaison for Community and Junior Colleges, Department 
        of Education.
            Director of the Office of Educational Technology.
            Director of the International Broadcasting Bureau.
            Inspector General, Social Security Administration.
            The Commissioner of Labor Statistics, Department of 
        Labor.
            Administrator, Rural Utilities Service, Department 
        of Agriculture.
            Chief Information Officer, Department of 
        Agriculture.
            Chief Information Officer, Department of Commerce.
            Chief Information Officer, Department of Defense 
        (unless the official designated as the Chief 
        Information Officer of the Department of Defense is an 
        official listed under section 5312, 5313, or 5314 of 
        this title).
            Chief Information Officer, Department of Education.
            Chief Information Officer, Department of Energy.
            Chief Information Officer, Department of Health and 
        Human Services.
            Chief Information Officer, Department of Housing 
        and Urban Development.
            Chief Information Officer, Department of the 
        Interior.
            Chief Information Officer, Department of Justice.
            Chief Information Officer, Department of Labor.
            Chief Information Officer, Department of State.
            Chief Information Officer, Department of 
        Transportation.
            Chief Information Officer, Department of the 
        Treasury.
            Chief Information Officer, Department of Veterans 
        Affairs.
            Chief Information Officer, Environmental Protection 
        Agency.
            Chief Information Officer, National Aeronautics and 
        Space Administration.
            Chief Information Officer, Agency for International 
        Development.
            Chief Information Officer, Federal Emergency 
        Management Agency.
            Chief Information Officer, General Services 
        Administration.
            Chief Information Officer, National Science 
        Foundation.
            Chief Information Officer, Nuclear Regulatory 
        Agency.
            Chief Information Officer, Office of Personnel 
        Management.
            Chief Information Officer, Small Business 
        Administration.
            Executive Director of the Alternative Agricultural 
        Research and Commercialization Corporation.
            Assistant Directors of Central Intelligence (3).
            General Counsel of the Central Intelligence Agency.
            Deputy Administrators of the National Nuclear 
        Security Administration (3), but if the Deputy 
        Administrator for Naval Reactors is an officer of the 
        Navy on active duty, (2).
            Deputy Under Secretary of Commerce for Intellectual 
        Property and Deputy Director of the United States 
        Patent and Trademark Office.

Sec. 5316. Positions at level V

    Level V of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
            Administrator, Bonneville Power Administration, 
        Department of the Interior.
            Administrator of the National Capital 
        Transportation Agency.
            Associate Administrators of the Small Business 
        Administration (4).
            Associate Administrators, National Aeronautics and 
        Space Administration (7).
            Associate Deputy Administrator, National 
        Aeronautics and Space Administration.
            Deputy Associate Administrator, National 
        Aeronautics and Space Administration.
            Archivist of the United States.
            Assistant Secretary of Health and Human Services 
        for Administration.
            Assistant Attorney General for Administration.
            Assistant and Science Adviser to the Secretary of 
        the Interior.
            Chairman, Foreign Claims Settlement Commission of 
        the United States, Department of Justice.
            Assistant to the Secretary of Defense for Nuclear 
        and Chemical and Biological Defense Programs, 
        Department of Defense.
            Chairman of the Renegotiation Board.
            Chairman of the Subversive Activities Control 
        Board.
            Chief Counsel for the Internal Revenue Service, 
        Department of the Treasury.
            Additional officers, Department of Education 
        (4).\1\
---------------------------------------------------------------------------
    \1\ Section 2(b)(2) of Public Law 102-359 instructed to strike 
``Additional Officers, Department of Education (4)''. The amendment 
probably should not have capitalized the word ``Officers''.
---------------------------------------------------------------------------
            Commissioner, Federal Supply Service, General 
        Services Administration.
            Director, United States Fish and Wildlife Service, 
        Department of the Interior.
            Commissioner of Indian Affairs, Department of the 
        Interior.
            Commissioners, Indian Claims Commission (5).
            Commissioner, Public Buildings Service, General 
        Services Administration.
            Commissioner of Reclamation, Department of the 
        Interior.
            Commissioner of Vocational Rehabilitation, 
        Department of Health and Human Services.
            Commissioner of Welfare, Department of Health and 
        Human Services.
            Director, Defense Advanced Research Projects 
        Agency, Department of Defense.
            Director, Bureau of Mines, Department of the 
        Interior.
            Director, Geological Survey, Department of the 
        Interior.
            Deputy Commissioner of Internal Revenue, Department 
        of the Treasury.
            Deputy General Counsel, Department of Defense.
            Associate Director of the Federal Mediation and 
        Conciliation Service.
            Associate Director for Volunteers, Peace Corps.
            Associate Director for Program Development and 
        Operations, Peace Corps.
            Assistants to the Director of the Federal Bureau of 
        Investigation, Department of Justice (2).
            Assistant Directors, Office of Emergency Planning 
        (3).
            Fiscal Assistant Secretary of the Treasury.
            General Counsel of the Agency for International 
        Development.
            General Counsel of the Nuclear Regulatory 
        Commission.
            General Counsel of the National Aeronautics and 
        Space Administration.
            Manpower Administrator, Department of Labor.
            Members, Renegotiation Board.
            Members, Subversive Activities Control Board.
            Deputy Under Secretaries of Defense for Research 
        and Engineering, Department of Defense (4).
            Assistant Administrator of General Services.
            Director, United States Travel Service, Department 
        of Commerce.
            Administrator, Wage and Hour and Public Contracts 
        Division, Department of Labor.
            Assistant Director (Program Planning, Analysis and 
        Research), Office of Economic Opportunity.
            Deputy Director, National Security Agency.
            Director, Bureau of Land Management, Department of 
        the Interior.
            Director, National Park Service, Department of the 
        Interior.
            National Export Expansion Coordinator, Department 
        of Commerce.
            Special Assistant to the Secretary of Defense.
            Staff Director, Commission on Civil Rights.
            Assistant Secretary for Administration, Department 
        of Transportation.
            Director, United States National Museum, 
        Smithsonian Institution.
            Director, Smithsonian Astrophysical Observatory, 
        Smithsonian Institution.
            Administrator of the Environmental Science Services 
        Administration.
            Associate Directors of the Office of Personnel 
        Management (5).
            Assistant Federal Highway Administrator.
            Deputy Administrator of the National Highway 
        Traffic Safety Administration.
            Deputy Administrator of the Federal Motor Carrier 
        Safety Administration.
            Assistant Federal Motor Carrier Safety 
        Administrator.
            Director, Bureau of Narcotics and Dangerous Drugs, 
        Department of Justice.
            Vice Presidents, Overseas Private Investment 
        Corporation (3).
            Deputy Administrator, Federal Transit 
        Administration, Department of Transportation.
            General Counsel of the Equal Employment Opportunity 
        Commission.
            Executive Director, Advisory Council on Historic 
        Preservation.
            Additional Officers, Department of Energy (14).
            General Counsel, Commodity Futures Trading 
        Commission.
            Additional officers, Nuclear Regulatory Commission 
        (5).
            Executive Director, Commodity Futures Trading 
        Commission.
            Assistant Administrator for Coastal Zone 
        Management, National Oceanic and Atmospheric 
        Administration.
            Assistant Administrator for Fisheries, National 
        Oceanic and Atmospheric Administration.
            Assistant Administrators (3), National Oceanic and 
        Atmospheric Administration.
            General Counsel, National Oceanic and Atmospheric 
        Administration.
            Members, Federal Labor Relations Authority (2) and 
        its General Counsel.
            Additional officers, Institute for Scientific and 
        Technological Cooperation (2).
            Additional officers, Office of Management and 
        Budget (6).
            Associate Deputy Secretary, Department of 
        Transportation.
            Chief Scientist, National Oceanic and Atmospheric 
        Administration.
            Director, Indian Health Service, Department of 
        Health and Human Services.
            Commissioners, United States Parole Commission (8).
            Commissioner, Administration on Children, Youth, 
        and Families.
            Director, Bureau of Transportation Statistics.

Sec. 5317.  Presidential authority to place positions at levels IV and 
                    V

    In addition to the positions listed in sections 5315 and 
5316 of this title, the President, from time to time, may place 
in levels IV and V of the Executive Schedule positions held by 
not to exceed 34 individuals when he considers that action 
necessary to reflect changes in organization, management 
responsibilities, or workload in an Executive agency. Such an 
action with respect to a position to which appointment is made 
by the President by and with the advice and consent of the 
Senate is effective only at the time of a new appointment to 
the position. Notice of each action taken under this section 
shall be published in the Federal Register, except when the 
President determines that the publication would be contrary to 
the interest of national security. The President may not take 
action under this section with respect to a position the pay 
for which is fixed at a specific rate by this subchapter or by 
statute enacted after August 14, 1964.

                                 NOTE:

executive level i positions authorized by statutes other than 5 u.s.c. 
                                  5312
President and other officers, U.S. Institute for Peace, NTE level I 
    (P.L. 98-525, sec. 1707(a); 78 Stat. 2656)
Postmaster General, NTE level I (39 U.S.C. 1003(a); P.L. 91-375, sec. 
    2; 84 Stat. 730)
executive level ii positions authorized by statutes other than 5 u.s.c. 
                                  5313
Chiefs of Mission, Class 1 (22 U.S.C. 3961; P.L. 96-465, sec. 401(a); 
    94 Stat. 2087)
Chairman, Administrative Conference of U.S. (5 U.S.C. 573(b)(1)) 
    (established at highest level of Chairman of an independent 
    regulatory commission)
Chairman, Council on Environmental Quality (P.L. 91-190, sec. 206; 83 
    Stat. 856)
Director, FBI, Department of Justice (P.L. 90-351, sec. 1101, 
    effectively superseded 5 U.S.C. 5314; 82 Stat. 236)
Director, Office of Science and Technology Policy (P.L. 94-282, sec. 
    203; 90 Stat. 463)
Director, U.S. Information Agency (Reorg. Plan 2 of 1977, sec. 2; 91 
    Stat. 1636)
25 positions NTE level II, White House Office (3 U.S.C. 105(a)(2)(A); 
    P.L. 95-570, sec. 1(a); 92 Stat. 2445)
5 positions NTE level II, Assistance and Services for the Vice 
    President (3 U.S.C. 106(a)(1)(A); P.L. 95-570, sec. 1(a); 92 Stat. 
    2447)
Director, U.S. International Development Cooperation Agency (Reorg. 
    Plan 2 of 1979, sec. 2; 93 Stat. 1378)
Deputy Secretary of Commerce (Reorg. Plan 3 of 1979, sec. 2(b)(1); 93 
    Stat. 1382)
Chairman, National Critical Materials Council, Executive Office of the 
    President, NTE level II (P.L. 98-373, sec. 207(a); 98 Stat. 1252)
Unspecified number of positions for Assistance to the President for 
    Unanticipated Needs, NTE level II (3 U.S.C. 108(c); P.L. 95-570, 
    sec. 2(a); 92 Stat. 2449)
Ambassador to United Nations (NTE level II) (P.L. 96-465, sec. 2206(a); 
    94 Stat. 2160; 22 U.S.C.287(g))
Director, Federal Emergency Management Agency (Reorganization Plan 3 of 
    1978; 92 Stat. 3788)
   executive level iii positions authorized by statutes other than 5 
                              u.s.c. 5314
Chiefs of Mission, Class 2 (22 U.S.C. 3961; P.L. 96-465, sec. 401(a); 
    94 Stat. 2087)
Director, ACTION (P.L. 93-113, sec. 401; 87 stat. 405)
Federal Co-Chairman, Appalachian Regional Commission (P.L. 94-188, sec. 
    104; 89 Stat. 1080)
Associate Directors (4), Office of Science and Technology Policy, NTE 
    level III (P.L. 94-282, sec. 203; 90 Stat. 463)
Administrator, Drug Enforcement Administration (Reorg. Plan 2 of 1973, 
    sec. 5(a); 87 Stat. 1092)
Deputy Director, U.S. Information Agency (Reorg. Plan 2 of 1977, sec. 
    3; 91 Stat. 1636)
25 positions NTE level III, White House Office (3 U.S.C. 105(a)(2)(B); 
    P.L. 95-570, sec. 1(a); 92 Stat. 2445)
6 positions NTE level III, Domestic Policy Staff, White House (3 U.S.C. 
    107(a)(1)(A); P.L. 95-570, sec. 2(a); 92 Stat. 2448)
3 positions NTE level III, Assistance and Services for the Vice 
    President (3 U.S.C. 106(a)(1)(B); P.L. 95-570, sec. 1(a); 92 Stat. 
    2447)
5 positions NTE level III, Office of Administration, White House (3 
    U.S.C. 107(b)(1)(A)(i); P.L. 95-570, sec. 2(a); 92 Stat. 2448)
Deputy Director, U.S. International Development Cooperation Agency 
    (Reorg. Plan 2 of 1979, sec. 3; 93 Stat. 1379)
Members (2), National Critical Materials Council, Executive Office of 
    the President (P.L. 98-373, sec. 207(a); 98 Stat. 1252)
Executive Director, National Critical Materials Council, Executive 
    Office of the President (P.L. 98-373, sec. 208(a); 98 Stat. 1253)
Federal Inspector, Office of the Federal Inspector for Alaska Natural 
    Gas Transportation System (Reorganization Plan 1 of 1979; 93 Stat. 
    1373)
Under Secretary of Commerce for International Trade (Reorganization 
    Plan 3 of 1979; 93 Stat. 1382)
Chairman, Farm Credit Administration Board (P.L. 99-205; 99 Stat. 1689; 
    12 U.S.C. 2242)
Special Assistant to the President for Agricultural Trade and Food Aid, 
    Executive Office of the President (P.L. 99-260, sec. 4(d); 100 
    Stat. 49)
Member (1), Farm Credit System Assistance Board (WAE, NTE level III) 
    (P.L. 100-233; 101 Stat. 1586; 12 U.S.C. 2278a-2)
President, James Madison Memorial Fellowship Foundation (NTE level III) 
    (P.L. 101-208; 103 Stat. 1836)
executive level iv positions authorized by statutes other than 5 u.s.c. 
                                  5315
Chiefs of Mission, Class 3 (22 U.S.C. 3961; P.L. 96-465, sec. 401(a); 
    94 Stat. 2087)
Members (2), Council on Environmental Quality (P.L. 91-190, sec. 206; 
    83 Stat. 856)
Directors (8), Overseas Private Investment Corporation (WAE) (P.L. 91-
    175, sec. 105; 83 Stat. 811)
Chairman, International Joint Commission, U.S. and Canada (State Dept.) 
    (by Presidential memorandum of 4/3/86, under 22 U.S.C. 268, 
    pursuant to treaty of 1/11/09)
Deputy Director, ACTION (P.L. 93-113, sec. 401; 87 Stat. 405)
Associate Directors (2), U.S. International Development Cooperation 
    Agency (Reorg. Plan 2 of 1979, sec. 4; 93 Stat. 1379)
Commissioners (8), Commission on Civil Rights (WAE) (P.L. 98-183, sec. 
    4(a); 97 Stat. 1304)
Deputy Chief Medical Director, Department of Veterans Affairs (Pay set 
    under 5 U.S.C., ch. 53, subch. I, but may not be paid more than 
    level IV) (38 U.S.C. 4107(d)(3); P.L. 94-123, sec. 2(b)(3); 89 
    Stat. 670)
Members (6), Federal Election Commission (P.L. 93-443, sec. 208(a); 88 
    Stat. 1281)
Staff Director, Federal Election Commission (P.L. 93-443, sec. 208(a); 
    88 Stat. 1282)
Associate Directors (4), U.S. Information Agency (Reorg. Plan 2 of 
    1977, sec. 4; 91 Stat. 1636)
Assistant Secretary for Communications and Information, Department of 
    Commerce (Reorg. Plan 1 of 1977, sec. 4; 91 Stat. 1633)
Director, Office of Alcohol Fuels, Department of Energy (P.L. 96-294, 
    sec. 220(a); 94 Stat. 696)
Federal Cochairman, Alaska Land Use Council (P.L. 96-487, sec. 
    1201(e)(1); 94 Stat. 2467)
Assistant Secretary for Patents and Trademarks, Department of Commerce 
    (P.L. 97-366, sec. 4; 96 Stat. 1760)
U.S. Attorneys, Assistant U.S. Attorneys, and attorneys appointed under 
    28 U.S.C. 543, NTE level IV (28 U.S.C. 548; P.L. 98-473, sec. 
    1701(a); 98 Stat. 2185)
U.S. Trade Representative, NTE 20 level IV officers (P.L. 99-272, sec. 
    13023; 100 Stat. 307-308)
Independent Counsel(s) (WAE) (28 U.S.C. 594(b); P.L. 95-521, sec. 
    601(a); 92 Stat. 1870)
Director, Office of Minority Economic Impact, Department of Energy 
    (P.L. 95-619, sec. 611) (92 Stat. 3284)
Director, Office of Civilian Radioactive Waste Management, Department 
    of Energy (P.L. 97-425, sec. 304) (96 Stat. 2261)
Chairman, National Indian Gaming Commission, Department of Interior 
    (P.L. 100-497, sec. 5) (102 Stat. 2470)
Members (2) Cost Accounting Standards Board, Office of Federal 
    Procurement Policy, Office of Management and Budget (P.L. 100-679, 
    sec. 5) (102 Stat. 4060)
President, Inter-American Foundation (P.L. 91-175, sec. 401(l); 83 
    Stat. 824; 22 U.S.C. 290f(l))
Deputy Director, Federal Emergency Management Agency (Reorganization 
    Plan 3 of 1978; 92 Stat. 3788)
Associate Directors (2), Federal Emergency Management Agency 
    (Reorganization Plan 3 of 1978; 92 Stat. 3788)
Administrator, U.S. Fire Administration, Federal Emergency Management 
    Agency (P.L. 93-498; 15 U.S.C. 2204)
President, African Development Foundation (P.L. 96-533; 94 Stat. 3154; 
    22 U.S.C. 290h-5(d))
Members (2), Farm Credit Administration Board (P.L. 99-205; 99 Stat. 
    1689; 12 U.S.C. 2242)
Deputy Administrator, Drug Enforcement Administration, Department of 
    Justice (P.L. 100-690, sec. 6153(c))
Coordinator, Office of the Coordinator for International Communications 
    and Information Policy, Department of State (22 U.S.C. 2707(b))
Director, Office of Foreign Missions, Department of State (22 U.S.C. 
    4303(a))
Register of Copyrights (P.L. 101-319; 104 Stat. 290)
Executive Director, Morris K. Udall Scholarship and Excellence in 
    National Environmental Policy Foundation (P.L. 102- 259; 106 Stat. 
    80)
Members (9), Jacob Javits Fellows Program Fellowship Board (NTE level 
    IV) (P.L. 102-325; 106 Stat. 766)
Members, National Capital Planning Commission (P.L. 102-381; 106 Stat. 
    1414)
Director, Commission on National and Community Service (NTE level IV) 
    (P.L. 102-384; 106 Stat. 1457)
United States Executive Directors (8), International Bank for 
    Reconstruction and Development, Inter-American Development Bank, 
    Asian Development Bank, Asian Development Fund, African Development 
    Bank, African Development Fund, International Monetary Fund, and 
    European Bank for Reconstruction and Development (NTE level IV) 
    (P.L. 102-391, sec. 572; 106 Stat. 1683)
executive level v positions authorized by statutes other than 5 u.s.c. 
                                  5316
Chiefs of Missions Class 4 (22 U.S.C. 3961; P.L. 96-465, sec. 401(a); 
    94 Stat. 2087)
Executive Director, Advisory Commission on Intergovernmental Relations, 
    NTE level V (P.L. 89-733, sec. 4; 80 Stat. 1162)
Members (3), Postal Service Advisory Council (WAE) (39 U.S.C. 206(c); 
    P.L. 91-375; 84 Stat. 722)
Commissioners (2), International Joint Commission, U.S. and Canada 
    (WAE) (fixed by Pres. Memos of 10/4/68 and 3/2/70, pursuant to 22 
    U.S.C. 268)
Assoc. Director for Domestic and Anti-Poverty Operations, ACTION (P.L. 
    98-288, sec. 17(2); 98 Stat. 194)
Members (9), Board for International Broadcasting (WAE) (P.L. 93-129, 
    sec. 3(b)(5); 87 Stat. 458)
Alternate to Federal Co-Chairman, Appalachian Regional Commission (P.L. 
    94-188, sec. 104; 89 Stat. 1080)
General Counsel, Federal Election Commission (P.L. 93-443, sec. 208(a); 
    88 Stat. 1282)
Members (9), Advisory Board for Radio Broadcasting to Cuba (WAE) (P.L. 
    98-111, sec. 5(e); 97 Stat. 751)
Director, Office of Surface Mining, Reclamation and Enforcement, 
    Department of Interior (P.L. 95-240) (92 Stat. 109)
Members (2) National Indian Gaming Commission, Department of Interior 
    (P.L. 100-497, sec. 5) (102 Stat. 2470)
Associate Director, Federal Emergency Management Agency (Reorganization 
    Plan 3 of 1978; 92 Stat. 3788)
Director, National Institute of Handicapped Research, Department of 
    Education (P.L. 95-602 and 96-88; 20 U.S.C. 3441)
Commissioners (3), Copyright Royalty Tribunal (P.L. 101-319; 104 Stat. 
    290)
Members (9), Panama Canal Commission (P.L. 101-510; 104 Stat. 1846; 22 
    U.S.C. 3612)
Executive Secretary, Christopher Columbus Fellowship Foundation (P.L. 
    102-281; 106 Stat. 144)
Employees (2), Commission on National and Community Service (NTE level 
    V) (P.L. 102-384; 106 Stat. 1457)
Alternate United States Executive Directors (8), International Bank for 
    Reconstruction and Development, Inter-American Development Bank, 
    Asian Development Bank, Asian Development Fund, African Development 
    Bank, African Development Fund, International Monetary Fund, and 
    European Bank for Reconstruction and Development (P.L. 102-391, 
    sec. 572; 106 Stat. 1683).
Special Counsel, Financial Institutions Fraud Unit, Department of 
    Justice (P.L. 101-647, sec. 2537(c); terminates on Nov. 29, 1995)
  positions placed in levels iv and v by the president under 5 u.s.c. 
                  5317 (e.o. 12154, september 4, 1979)

                                Level IV

Counselor to the Secretary, Department of the Treasury (E.O. 12236, 9/
    3/80)
Deputy Under Secretary for International Labor Affairs, Department of 
    Labor
Administrator, Substance Abuse and Mental Health Services 
    Administration, Department of Health and Human Services
Executive Secretary of the National Security Council (E.O. 12422, 5/20/
    83)
Comptroller of the Department of Defense. (E.O. 12678, 4/28/89).
Assistant Secretary of the Air Force (1). (E.O. 12679, 6/23/89).
Director, Office for Victims of Crime, Department of Justice. (E.O. 
    12749, 2/4/91).
Director, Bureau of Justice Assistance, Department of Justice. (E.O. 
    12749, 2/4/91).
Director of the National Institutes of Health. (E.O. 12758, 4/5/91).
Members, Chemical Safety and Hazard Investigation Board (5). (E.O. 
    12814, 9/10/92).
Commissioner on Aging, Department of Health and Human Services (E.O. 
    12841, 3/9/93)

                                Level V

Deputy Assistant Secretary of Defense for Reserve Affairs, Department 
    of Defense
Executive Director, Pension Benefit Guaranty Corporation, Department of 
    Labor
Executive Assistant and Counselor to the Secretary, Department of Labor
Deputy Under Secretary for Education, Department of Education (E.O. 
    12237, September 3, 1980)

Sec. 5318. Adjustments in rates of pay

    (a) Subject to subsection (b), effective at the beginning 
of the first applicable pay period commencing on or after the 
first day of the month in which an adjustment takes effect 
under section 5303 of this title in the rates of pay under the 
General Schedule, the annual rate of pay for positions at each 
level of the Executive Schedule shall be adjusted by an amount, 
rounded to the nearest multiple of $100 (or if midway between 
multiples of $100, to the next higher multiple of $100), equal 
to the percentage of such annual rate of pay which corresponds 
to the most recent percentage change in the ECI (relative to 
the date described in the next sentence), as determined under 
section 704(a)(1) of the Ethics Reform Act of 1989.\1\ The 
appropriate date under this sentence is the first day of the 
fiscal year in which such adjustment in the rates of pay under 
the General Schedule takes effect.
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    \1\ Section 704(a)(1) of the Ethics Reform Act of 1989 (Public Law 
101-194; 103 Stat. 1716) provides as follows:
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SEC. 704. REVISION IN METHOD BY WHICH ANNUAL PAY ADJUSTMENTS FOR 
        CERTAIN EXECUTIVE, LEGISLATIVE, AND JUDICIAL POSITIONS ARE TO 
        BE MADE.
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      (a) Percent Change in the Employment Cost Index.--
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          (1) Method for computing percent change in the eci.--

                  (A) Definitions.--For purposes of this paragraph--
                          (i) the term ``Employment Cost Index'' or 
                        ``ECI'' means the Employment Cost Index (wages 
                        and salaries, private industry workers) 
                        published quarterly by the Bureau of Labor 
                        Statistics; and
                          (ii) the term ``base quarter'' means the 3-
                        month period ending on December 31 of a year.

                  (B) Method.--For purposes of the provisions of law 
                amended by paragraph (2), the ``most recent percentage 
                change in the ECI'', as of any date, shall be one-half 
                of 1 percent less than the percentage (rounded to the 
                nearest one-tenth of 1 percent) derived by--
                          (i) reducing--
                              (I) the ECI for the last base quarter 
                        prior to that date, by
                              (II) the ECI for the second to last base 
                        quarter prior to that date,
                          (ii) dividing the difference under clause (i) 
                        by the ECI for the base quarter referred to in 
                        clause (i)(II), and
                          (iii) multiplying the quotient under clause 
                        (ii) by 100,

                except that no percentage change determined under this 
                paragraph shall be--
                              (I) less than zero; or
                              (II) greater than 5 percent.
    (b) In no event shall the percentage adjustment taking 
effect under subsection (a) in any calendar year (before 
rounding), in any rate of pay, exceed the percentage adjustment 
taking effect in such calendar year under section 5303 in the 
rates of pay under the General Schedule.

  ORGANIC STATUTE FOR THE CITIZENS' COMMISSION ON PUBLIC SERVICE AND 
                              COMPENSATION

    (Section 225 of Public Law 90-206 (81 Stat. 613, 642), as amended 
by section 6(a) of Public Law 91-375 (84 Stat. 719, 775), section 
206(a) of Public Law 94-82 (89 Stat. 419, 423), section 401 of Public 
Law 95-19 (91 Stat. 39, 45), section 301 of Public Law 95-598 (92 Stat. 
2549, 2688), section 143 of Public Law 97-164 (96 Stat. 45), section 
135 of Public Law 99-190, section 101(a) of Public Law 100-202, and 
section 701 of Public Law 101-194.)
        citizens' commission on public service and compensation
    Sec. 225. (a) Establishment of Commission.--There is hereby 
established a commission to be known as the Citizens' Commission on 
Public Service and Compensation. (hereinafter referred to as the 
``Commission'').
    (b) Membership.--
            (1) The Commission shall be composed of 11 members, who 
        shall be appointed from private life as follows:
                    (A) 2 appointed by the President of the United 
                States;
                    (B) 1 appointed by the President pro tempore of the 
                Senate, upon the recommendation of the majority and 
                minority leaders of the Senate;
                    (C) 1 appointed by the Speaker of the House of 
                Representatives;
                    (D) 2 appointed by the Chief Justice of the United 
                States; and
                    (E) 5 appointed by the Administrator of General 
                Services in accordance with paragraph (4).
            (2) No person shall serve as a member of the Commission who 
        is--
                    (A) an officer or employee of the Federal 
                Government;
                    (B) registered (or required to register) under the 
                Federal Regulation of Lobbying Act; or
                    (C) a parent, sibling, spouse, child, or dependent 
                relative, of anyone under subparagraph (A) or (B).
            (3) The persons appointed under subparagraphs (A) through 
        (D) of paragraph (1) shall be selected without regard to 
        political affiliation, and should be selected from among 
        persons who have experience or expertise in such areas as 
        government, personnel management, or public administration.
            (4) The Administrator of General Services shall by 
        regulation establish procedures under which persons shall be 
        selected for appointment under paragraph (1)(E). Such 
        procedures--
                    (A) shall be designed in such a way so as to 
                provide for the maximum degree of geographic diversity 
                practicable among members under paragraph (1)(E);
                    (B) shall include provisions under which those 
                members shall be chosen by lot from among names 
                randomly selected from voter registration lists; and
                    (C) shall otherwise comply with applicable 
                provisions of this subsection.
            (5) The chairperson shall be designated by the President.
            (6) A vacancy in the membership of the Commission shall be 
        filled in the manner in which the original appointment was 
        made.
            (7) Each member of the Commission shall be paid at the rate 
        of $100 for each day such member is engaged upon the work of 
        the Commission and shall be allowed travel expenses, including 
        a per diem allowance, in accordance with section 5703 of title 
        5, United States Code, when engaged in the performance of 
        services for the Commission.
            (8)(A) The terms of office of persons first appointed as 
        members of the Commission shall be for the period of the 1993 
        fiscal year of the Federal Government, and shall begin not 
        later than February 14, 1993.
            (B) After the close of the 1993 fiscal year of the Federal 
        Government, persons shall be appointed as members of the 
        Commission with respect to every fourth fiscal year following 
        the 1993 fiscal year. The terms of office of persons so 
        appointed shall be for the period of the fiscal year with 
        respect to which the appointment is made, except that, if any 
        appointment is made after the beginning and before the close of 
        any such fiscal year, the term of office based on such 
        appointment shall be the remainder of such fiscal year.
            (C)(i) Notwithstanding any provision of subparagraph (A) or 
        (B), members of the Commission may continue to serve after the 
        close of a fiscal year, if the date designated by the President 
        under subsection (g) (relating to the date by which the 
        Commission is to submit its report to the President) is 
        subsequent to the close of such fiscal year, and only if or to 
        the extent necessary to allow the Commission to submit such 
        report.
            (ii) Notwithstanding any provision of subsection (c), 
        authority under such subsection shall remain available, after 
        the close of a fiscal year, so long as members of the 
        Commission continue to serve.
    (c) Personnel of Commission.--
            (1) Without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and the provisions of chapter 51 and subchapter III of chapter 
        53 of such title, relating to classification and General 
        Schedule pay rates, and on a temporary basis for periods 
        covering all or part of any fiscal year referred to in 
        subparagraphs (A) and (B) of subsection (b)(8) of this 
        section--
                    (A) the Commission is authorized to appoint an 
                Executive Director and fix his basic pay at the rate 
                provided for level V of the Executive Schedule by 
                section 5316 of title 5, United States Code; and
                    (B) with the approval of the Commission, the 
                Executive Director is authorized to appoint and fix the 
                basic pay (at respective rates not in excess of the 
                maximum rate of the General Schedule in section 5332 of 
                title 5, United States Code) of such additional 
                personnel as may be necessary to carry out the function 
                of the Commission.
            (2) Upon the request of the Commission, the head of any 
        department, agency, or establishment of any branch of the 
        Federal Government is authorized to detail, on a reimbursable 
        basis, for periods covering all or part of any fiscal year 
        referred to in subparagraphs (A) and (B) of subsection (b)(8) 
        of this section, any of the personnel of such department, 
        agency, or establishment to assist the Commission in carrying 
        out its function.
    (d) Use of United States Mails by Commission.--The Commission may 
use the United States mails in the same manner and upon the same 
conditions as other departments and agencies of the United States.
    (e) Administrative Support Services.--The Administrator of General 
Services shall provide administrative support services for the 
Commission on a reimbursable basis.
    (f) Function.--The Commission shall conduct, in each of the 
respective fiscal years referred to in subparagraphs (A) and (B) of 
subsection (b)(8) of this section, a review of the rates of pay of--
            (A) the Vice President of the United States, Senators, 
        Members of the House of Representatives, the Resident 
        Commissioner from Puerto Rico, the Speaker of the House of 
        Representatives, the President pro tempore of the Senate, and 
        the majority and minority leaders of the Senate and the House 
        of Representatives;
            (B) offices and positions in the legislative branch 
        referred to in subsections (a), (b), (c), and (d) \1\ of 
        section 203 of the Federal Legislative Salary Act of 1964 (78 
        Stat. 415; Public Law 88-426);
---------------------------------------------------------------------------
    \1\ Positions covered by these subsections are: the Comptroller 
General of the United States and Deputy Comptroller General; the 
General Counsel, GAO; the Librarian and Deputy Librarian of Congress, 
and the Architect and Assistant Architect of the Capitol.
---------------------------------------------------------------------------
            (C) justices, judges, and other personnel in the judicial 
        branch referred to in section 403 of the Federal Judicial 
        Salary Act of 1964 (78 Stat. 434; Public Law 88-426); except 
        bankruptcy judges, but including the judges of the United 
        States Claims Court;\2\
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    \2\ Positions covered by this subparagraph are: the Chief Justice 
of the United States and Associate Justices; circuit judges; district 
judges; judges of Court of Claims and the Court of Customs and Patent 
Appeals (now replaced by judges of the United States Court of Appeals 
for the Federal Circuit); judges of the Customs Court; the Director and 
the Deputy Director of the Administrative Office of the United States 
Courts; Commissioners of the Court of Claims (now known as judges of 
the United States Claims Court), and judges of the Tax Court and of the 
Court of Military Appeals.
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            (D) offices and positions under the Executive Schedule in 
        subchapter II of chapter 53 of title 5, United States Code; and
            (E) the Governors of the Board of Governors of the United 
        States Postal Service appointed under section 202 of title 39, 
        United States Code.
Such review by the Commission shall be made for the purpose of 
determining and providing--
            (i) the appropriate pay levels and relationships between 
        and among the respective offices and positions covered by such 
        review, and
            (ii) the appropriate pay relationships between such offices 
        and positions and the offices and positions subject to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        title 5, United States Code, relating to classification and 
        General Schedule pay rates.
In reviewing the rates of pay of the offices or positions referred to 
in subparagraph (D) of this subsection, the Commission shall determine 
and consider the appropriateness of the executive levels of such 
offices and positions.
    (g) Report by Commission to the President with Respect to Pay.--The 
Commission shall submit to the President a report of the results of 
each review conducted by the Commission with respect to rates of pay 
for, purview of subparagraphs (A), (B), (C), and (D) of subsection (f) 
of this section, together with the recommendations. Each such report 
shall be submitted on such date and the President may designate but not 
later than December 15 next following the close of the fiscal year in 
which the review is conducted by the Commission.
    (h) Recommendations of the President With Respect to Pay.--
            (1) After considering the report and recommendations of the 
        Commission submitted under subsection (g), the President shall 
        transmit to Congress his recommendations with respect to the 
        exact rates of pay, the offices and positions within the 
        purview of subparagraphs (A), (B), (C), and (D) of subsection 
        (f), which the President considers to be fair and reasonable in 
        light of the Commission's report and recommendations, the 
        prevailing market value of the services rendered in the offices 
        and positions involved, the overall economic condition of the 
        country, and the fiscal condition of the Federal Government.
            (2) The President shall transmit his recommendations under 
        this subsection to Congress on the first Monday after January 3 
        of the first calendar year beginning after the date on which 
        the Commission submits its report and recommendations to the 
        President under subsection (g).
    (i) Effective Date of Recommendations of the President.--
            (1) None of the President's recommendations under 
        subsection (h) shall take effect unless approved under 
        paragraph (2).
            (2)(A) The recommendations of the President under 
        subsection (h) shall be considered approved under this 
        paragraph if there is enacted into law a bill or joint 
        resolution approving such recommendations in their entirety. 
        This bill or joint resolution shall be passed by recorded vote 
        to reflect the vote of each Member of Congress thereon.
            (B)(i) The provisions of this subparagraph are enacted by 
        the Congress--
                    (I) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives and as such 
                shall be considered as part of the rules of each House, 
                and shall supersede other rules only to the extent that 
                they are inconsistent therewith; and
                    (II) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                they relate to the procedures of that House) at any 
                time, in the same manner, and to the same extent as in 
                the case of any other rule of that House.
            (ii) During the 60-calendar-day period beginning on the 
        date that the President transmits his recommendations to the 
        Congress under subsection (h), it shall be in order as a matter 
        of highest privilege in each House of Congress to consider a 
        bill or joint resolution, if offered by the majority leader of 
        such House (or a designee), approving such recommendations in 
        their entirety.
            (3) Except as provided in paragraph (4), any recommended 
        pay adjustment approved under paragraph (2) shall take effect 
        as of the date proposed by the President under subsection (h) 
        with respect to such adjustment.
            (4)(A) Notwithstanding the approval of the President's pay 
        recommendations in accordance with paragraph (2), none of those 
        recommendations shall take effect unless, between the date on 
        which the bill or resolution approving those recommendations is 
        signed by the President (or otherwise becomes law) and the 
        earliest date as of which the President proposes (under 
        subsection (h)) that any of those recommendations take effect, 
        an election of Representatives shall have intervened.
            (B) For purposes of this paragraph, the term ``election of 
        Representatives'' means an election held on the Tuesday 
        following the first Monday of November in any even-numbered 
        calendar year.
    (j) Effect of Recommendations of the President on Existing Law and 
Prior Presidential Recommendations.--The recommendations of the 
President taking effect as provided in subsection (i) of this section 
shall \1\ be held and considered to modify, supersede, or render 
inapplicable, as the case may be, to the extent inconsistent 
therewith--
---------------------------------------------------------------------------
    \1\ Error exists in amendment to subsection (j), made by 
Sec. 135(f) of Public Law 99-190. Executed according to probable 
intent.
---------------------------------------------------------------------------
            (A) all provisions of law enacted prior to the effective 
        date or dates of all or part (as the case may be) of such 
        recommendations, (other than any provision of law enacted with 
        respect to such recommendations in the period beginning on the 
        date the President transmits his recommendations to the 
        Congress under subsection (h) and ending on the date of their 
        approval under subsection (i)(2)), and
            (B) any prior recommendations of the President which take 
        effect under this section.
    (k) Publication of Recommendations of the President.--The 
recommendations of the President which take effect shall be printed in 
the Statutes at Large in the same volume as public laws and shall be 
printed in the Federal Register and included in the Code of Federal 
Regulations.
    (l) Requirements Applicable to Recommendations.--Notwithstanding 
any other provision of this section, the recommendations submitted by 
the Commission to the President under subsection (g) and the 
recommendations transmitted by the President to the Congress under 
subsection (h), shall be in conformance with the following:
            (1) Any recommended pay adjustment shall specify the date 
        as of which it is proposed that such adjustment take effect.
            (2) The proposed effective date of a pay adjustment may 
        occur no earlier than January 1 of the second fiscal year, and 
        no later than December 31 next following the close of the fifth 
        fiscal year, beginning after the fiscal year in which the 
        Commission conducts its review under subsection (f).
            (3)(A)(i) The rates of pay recommended for the Speaker of 
        the House of Representatives, the Vice President of the United 
        States, and the Chief Justice of the United States, 
        respectively, shall be equal.
            (ii) The rates of pay recommended for the majority and 
        minority leaders of the Senate and the House of 
        Representatives, the President pro tempore of the Senate, and 
        each office or position under section 5312 of title 5, United 
        States Code (relating to level I of the Executive Schedule), 
        respectively shall be equal.
            (iii) The rates of pay recommended for a Senator, a Member 
        of the House of Representatives, the Resident Commissioner from 
        Puerto Rico, a Delegate to the House of Representatives, a 
        judge of a district court of the United States, a judge of the 
        United States Court of International Trade, and each office or 
        position under section 5313 of title 5, United States Code 
        (relating to level II of the Executive Schedule,) respectively, 
        shall be equal.
            (B) Nothing in this subsection shall be considered to 
        require that the rate recommended for any office or position by 
        the President under subsection (h) be the same as the rate 
        recommended for such office or position by the Commission under 
        subsection (g).
    (m) Additional Function.--The Commission shall, whenever it 
conducts a review under subsection (f), also conduct a review under the 
subsection relating to any recruitment or retention problems, and any 
public policy issues involved in maintaining appropriate ethical 
standards, with respect to any offices or positions within the Federal 
public service. Any findings or recommendations under this subsection 
shall be included, by the Commission as part of its report to the 
President under subsection (g).
    (n) Provision Relating to Certain Other Pay Adjustments.--
            (1) A provision of law increasing the rate of pay payable 
        for an office or position within the purview of subparagraph 
        (A), (B), (C), or (D) of subsection (f) shall not take effect 
        before the beginning of the Congress following the Congress 
        during which such provision is enacted.
            (2) For purposes of this subsection, a provision of law 
        enacted during the period beginning on the Tuesday following 
        the first Monday of November of an even-numbered year of any 
        Congress and ending at noon on the following January 3 shall be 
        considered to have been enacted during the first session of the 
        following Congress.
            (3) Nothing in this subsection shall be considered to apply 
        with respect to any pay increase--
                    (A) which takes effect under the preceding 
                subsections of this section;
                    (B) is based on a change in the Employment Cost 
                Index (as determined under section 704(a)(1) of the 
                Ethics Reform Act of 1989) or which is in lieu of any 
                pay adjustment which might otherwise be made in a year 
                based on a change in such index (as so determined); or
                    (C) which takes effect under section 702 or 703 of 
                the Ethics Reform Act of 1989.


               SUBCHAPTER III--GENERAL SCHEDULE PAY RATES

Sec. 5331. Definitions; application

    (a) For the purpose of this subchapter, ``agency'', 
``employee'', ``position'', ``class'', and ``grade'' have the 
meanings given them by section 5102 of this title.
    (b) This subchapter applies to employees and positions to 
which chapter 51 applies, other than Senior Executive Service 
positions, positions in the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service, and 
positions to which section 5376 applies.

Sec. 5332. The General Schedule

    (a)(1) The General Schedule, the symbol for which is 
``GS'', is the basic pay schedule for positions to which this 
subchapter applies. Each employee to whom this subchapter 
applies is entitled to basic pay in accordance with the General 
Schedule.
    (2) The General Schedule is a schedule of annual rates of 
basic pay, consisting of 15 grades, designated ``GS-1'' through 
``GS-15'', consecutively, with 10 rates of pay for each such 
grade. The rates of pay of the General Schedule are adjusted in 
accordance with section 5303.
    (b) When payment is made on the basis of an hourly, daily, 
weekly, or biweekly rate, the rate is computed from the 
appropriate annual rate of basic pay named by subsection (a) of 
this section in accordance with the rules prescribed by section 
5504(b) of this title.

Sec. 5333. Minimum rate for new appointments

    New appointments shall be made at the minimum rate of the 
appropriate grade. However, under regulations prescribed by the 
Office of Personnel Management which provide for such 
considerations as the existing pay or unusually high or unique 
qualifications of the candidate, or a special need of the 
Government for his services, the head of an agency may appoint, 
with the approval of the Office in each specific case, an 
individual to a position at such a rate above the minimum rate 
of the appropriate grade as the Office may authorize for this 
purpose. The approval of the Office in each specific case is 
not required with respect to an appointment made by the 
Librarian of Congress.

Sec. 5334. Rate on change of position or type of appointment; 
                    regulations

    (a) The rate of basic pay to which an employee is entitled 
is governed by regulations prescribed by the Office of 
Personnel Management in conformity with this subchapter and 
chapter 51 of this title when--
            (1) he is transferred from a position in the 
        legislative, judicial, or executive branch to which 
        this subchapter does not apply;
            (2) he is transferred from a position in the 
        legislative, judicial, or executive branch to which 
        this subchapter applies to another such position;
            (3) he is demoted to a position in a lower grade;
            (4) he is reinstated, reappointed, or reemployed in 
        a position to which this subchapter applies following 
        service in any position in the legislative, judicial, 
        or executive branch;
            (5) his type of appointment is changed;
            (6) his employment status is otherwise changed; or
            (7) his position is changed from one grade to 
        another grade.
For the purpose of this subsection, an individual employed by 
the Appalachian Regional Commission under section 106(2) of the 
Appalachian Regional Development Act of 1965 (40 U.S.C. App.), 
who was a Federal employee immediately prior to such employment 
by a commission and within 6 months after separation from such 
employment is employed in a position to which this subchapter 
applies, shall be treated as if transferred from a position in 
the executive branch to which this subchapter does not apply.
    (b) An employee who is promoted or transferred to a 
position in a higher grade is entitled to basic pay at the 
lowest rate of the higher grade which exceeds his existing rate 
of basic pay by not less than two step-increases of the grade 
from which he is promoted or transferred. If, in the case of an 
employee so promoted or transferred who is receiving basic pay 
at a rate in excess of the maximum rate of his grade, there is 
no rate in the higher grade which is at least two step-
increases above his existing rate of basic pay, he is entitled 
to--
            (1) the maximum rate of the higher grade; or
            (2) his existing rate of basic pay, if that rate is 
        the higher.
If an employee so promoted or transferred is receiving basic 
pay at a rate saved to him under subchapter VI of this chapter 
on reduction in grade, he is entitled to--
            (A) basic pay at a rate two steps above the rate 
        which he would be receiving if subchapter VI of this 
        chapter were not applicable to him; or
            (B) his existing rate of basic pay, if that rate is 
        the higher.
    (c) An employee in the legislative branch who is paid by 
the Secretary of the Senate or the Chief Administrative Officer 
of the House of Representatives, and who has completed two or 
more years of service as such an employee, and a Member of the 
Senate or House of Representatives who has completed two or 
more years of service as such a Member, may, on appointment to 
a position to which this subchapter applies, have his initial 
rate of pay fixed--
            (1) at the minimum rate of the appropriate grade; 
        or
            (2) at a step of the appropriate grade that does 
        not exceed the highest previous rate of pay received by 
        him during that service in the legislative branch.
    (d) The rate of pay established for a teaching position as 
defined by section 901 of title 20 held by an individual who 
becomes subject to subsection (a) of this section is deemed 
increased by an amount determined under regulations which the 
Secretary of Defense shall prescribe for the determination of 
the yearly rate of pay of the position. The amount by which a 
rate of pay is increased under the regulations may not exceed 
the amount equal to 20 percent of that rate of pay.
    (e) An employee of a county committee established pursuant 
to section 590h(b) of title 16 may, upon appointment to a 
position subject to this subchapter, have his initial rate of 
basic pay fixed at the minimum rate of the appropriate grade, 
or at any step of such grade that does not exceed the highest 
previous rate of basic pay received by him during service with 
such county committee.
    (f) An employee of a nonappropriated fund instrumentality 
of the Department of Defense or the Coast Guard described in 
section 2105(c) who moves, without a break in service of more 
than 3 days, to a position in the Department of Defense or the 
Coast Guard, respectively, that is subject to this subchapter, 
may have such employee's initial rate of basic pay fixed at the 
minimum rate of the appropriate grade or at any step of such 
grade that does not exceed the highest previous rate of basic 
pay received by that employee during the employee's service 
described in section 2105(c). In the case of a nonappropriated 
fund employee who is moved involuntarily from such 
nonappropriated fund instrumentality without a break in service 
of more than 3 days and without substantial change in duties to 
a position that is subject to this subchapter, the employee's 
pay shall be set at a rate (not above the maximum for the 
grade, except as may be provided for under section 5365) that 
is not less than the employee's rate of basic pay under the 
nonappropriated fund instrumentality immediately prior to so 
moving.

Sec. 5335. Periodic step-increases

    (a) An employee paid on an annual basis, and occupying a 
permanent position within the scope of the General Schedule, 
who has not reached the maximum rate of pay for the grade in 
which his position is placed, shall be advanced in pay 
successively to the next higher rate within the grade at the 
beginning of the next pay period following the completion of--
            (1) each 52 calendar weeks of service in pay rates 
        1, 2, and 3;
            (2) each 104 calendar weeks of service in pay rates 
        4, 5, and 6; or
            (3) each 156 calendar weeks of service in pay rates 
        7, 8, and 9;
subject to the following conditions:
            (A) the employee did not receive an equivalent 
        increase in pay from any cause during that period; and
            (B) the work of the employee is of an acceptable 
        level of competence as determined by the head of the 
        agency.
    (b) Under regulations prescribed by the Office of Personnel 
Management, the benefit of successive step-increases shall be 
preserved for employees whose continuous service is interrupted 
in the public interest by service with the armed forces or by 
service in essential non-Government civilian employment during 
a period of war or national emergency.
    (c) When a determination is made under subsection (a) of 
this section that the work of an employee is not of an 
acceptable level of competence, the employee is entitled to 
prompt written notice of that determination and an opportunity 
for reconsideration of the determination within his agency 
under uniform procedures prescribed by the Office of Personnel 
Management. If the determination is affirmed on 
reconsideration, the employee is entitled to appeal to the 
Merit Systems Protection Board. If the reconsideration or 
appeal results in a reversal of the earlier determination, the 
new determination supersedes the earlier determination and is 
deemed to have been made as of the date of the earlier 
determination. The authority of the Office to prescribe 
procedures and the entitlement of the employee to appeal to the 
Board do not apply to a determination of acceptable level of 
competence made by the Librarian of Congress.
    (d) An increase in pay granted by statute is not an 
equivalent increase in pay within the meaning of subsection (a) 
of this section.
    (e) This section does not apply to the pay of an individual 
appointed by the President, by and with the advice and consent 
of the Senate.
    (f) In computing periods of service under subsection (a) in 
the case of an employee who moves without a break in service of 
more than 3 days from a position under a nonappropriated fund 
instrumentality of the Department of Defense or the Coast Guard 
described in section 2105(c) to a position under the Department 
of Defense or the Coast Guard, respectively, that is subject to 
this subchapter, service under such instrumentality shall, 
under regulations prescribed by the Office, be deemed service 
in a position subject to this subchapter.

Sec. 5336. Additional step-increases

    (a) Within the limit of available appropriations and under 
regulations prescribed by the Office of Personnel Management, 
the head of each agency may grant additional step-increases in 
recognition of high quality performance above that ordinarily 
found in the type of position concerned. However, an employee 
is eligible under this section for only one additional step-
increase within any 52-week period.
    (b) A step-increase under this section is in addition to 
those under section 5335 of this title and is not an equivalent 
increase in pay within the meaning of section 5335(a) of this 
title.
    (c) This section does not apply to the pay of an individual 
appointed by the President, by and with the advice and consent 
of the Senate.

[Sec. 5337. Repealed. Pub. L. 95-454, title VIII, Sec. 801(a)(2), Oct. 
                    13, 1978, 92 Stat. 1221.]

Sec. 5338. Regulations

    The Office of Personnel Management may prescribe 
regulations necessary for the administration of this 
subchapter.


                 SUBCHAPTER IV--PREVAILING RATE SYSTEMS

Sec. 5341. Policy

    It is the policy of Congress that rates of pay of 
prevailing rate employees be fixed and adjusted from time to 
time as nearly as is consistent with the public interest in 
accordance with prevailing rates and be based on principles 
that--
            (1) there will be equal pay for substantially equal 
        work for all prevailing rate employees who are working 
        under similar conditions of employment in all agencies 
        within the same local wage area;
            (2) there will be relative differences in pay 
        within a local wage area when there are substantial or 
        recognizable differences in duties, responsibilities, 
        and qualification requirements among positions;
            (3) the level of rates of pay will be maintained in 
        line with prevailing levels for comparable work within 
        a local wage area; and
            (4) the level of rates of pay will be maintained so 
        as to attract and retain qualified prevailing rate 
        employees.

Sec. 5342. Definitions; application

    (a) For the purpose of this subchapter--
            (1) ``agency'' means an Executive agency; but does 
        not include--
                    (A) a Government controlled corporation;
                    (B) the Tennessee Valley Authority;
                    (C) the Alaska Railroad;
                    (D) the Virgin Islands Corporation;
                    (E) the Atomic Energy Commission;
                    (F) the Central Intelligence Agency;
                    (G) the National Security Agency, 
                Department of Defense;
                    (H) the Bureau of Engraving and Printing, 
                except for the purposes of section 5349 of this 
                title;
                    (I) the General Accounting Office;
                    (J) the Defense Intelligence Agency, 
                Department of Defense; or
                    (K) the National Imagery and Mapping 
                Agency, Department of Defense;
            (2) ``prevailing rate employee'' means--
                    (A) an individual employed in or under an 
                agency in a recognized trade or craft, or other 
                skilled mechanical craft, or in an unskilled, 
                semiskilled, or skilled manual labor 
                occupation, and any other individual, including 
                a foreman and a supervisor, in a position 
                having trade, craft, or laboring experience and 
                knowledge as the paramount requirement;
                    (B) an employee of a nonappropriated fund 
                instrumentality described by section 2105(c) of 
                this title who is employed in a recognized 
                trade or craft, or other skilled mechanical 
                craft, or in an unskilled, semiskilled, or 
                skilled manual labor occupation, and any other 
                individual, including a foreman and a 
                supervisor, in a position having trade, craft, 
                or laboring experience and knowledge as the 
                paramount requirement; and
                    (C) an employee of the Veterans' Canteen 
                Service, Department of Veterans Affairs, 
                excepted from chapter 51 of this title by 
                section 5102(c)(14) of this title who is 
                employed in a recognized trade or craft, or 
                other skilled mechanical craft, or in an 
                unskilled, semiskilled, or skilled manual labor 
                occupation, and any other individual, including 
                a foreman and a supervisor, in a position 
                having trade, craft, or labor experience and 
                knowledge as the paramount requirement; and
            (3) ``position'' means the work, consisting of 
        duties and responsibilities, assignable to a prevailing 
        rate employee.
    (b)(1) Except as provided by paragraphs (2) and (3) of this 
subsection, this subchapter applies to all prevailing rate 
employees and positions in or under an agency.
    (2) This subchapter does not apply to employees and 
positions described by section 5102(c) of this title other than 
by--
            (A) paragraph (7) of that section to the extent 
        that such paragraph (7) applies to employees and 
        positions other than employees and positions of the 
        Bureau of Engraving and Printing; and
            (B) paragraph (14) of that section.
    (3) This subchapter, except section 5348, does not apply to 
officers and members of crews of vessels excepted from chapter 
51 of this title by section 5102(c)(8) of this title.
    (c) Each prevailing rate employee employed within any of 
the several States or the District of Columbia shall be a 
United States citizen or a bona fide resident of one of the 
several States or the District of Columbia unless the Secretary 
of Labor certifies that no United States citizen or bona fide 
resident of one of the several States or the District of 
Columbia is available to fill the particular position.

Sec. 5343. Prevailing rate determinations; wage schedules; night 
                    differentials

    (a) The pay of prevailing rate employees shall be fixed and 
adjusted from time to time as nearly as is consistent with the 
public interest in accordance with prevailing rates. Subject to 
section 213(f) of title 29, the rates may not be less than the 
appropriate rates provided by section 206(a)(1) of title 29. To 
carry out this subsection--
            (1) the Office of Personnel Management shall 
        define, as appropriate--
                    (A) with respect to prevailing rate 
                employees other than prevailing rate employees 
                under paragraphs (B) and (C) of section 
                5342(a)(2) of this title, the boundaries of--
                            (i) individual local wage areas for 
                        prevailing rate employees having 
                        regular wage schedules and rates; and
                            (ii) wage areas for prevailing rate 
                        employees having special wage schedules 
                        and rates;
                    (B) with respect to prevailing rate 
                employees under paragraphs (B) and (C) of 
                section 5342(a)(2) of this title, the 
                boundaries of--
                            (i) individual local wage areas for 
                        prevailing rate employees under such 
                        paragraphs having regular wage 
                        schedules and rates (but such 
                        boundaries shall not extend beyond the 
                        immediate locality in which the 
                        particular prevailing rate employees 
                        are employed); and
                            (ii) wage areas for prevailing rate 
                        employees under such paragraphs having 
                        special wage schedules and rates;
            (2) the Office of Personnel Management shall 
        designate a lead agency for each wage area;
            (3) subject to paragraph (5) of this subsection, 
        and subsections (c)(1)-(3) and (d) of this section, a 
        lead agency shall conduct wage surveys, analyze wage 
        survey data, and develop and establish appropriate wage 
        schedules and rates for prevailing rate employees;
            (4) the head of each agency having prevailing rate 
        employees in a wage area shall apply, to the prevailing 
        rate employees of that agency in that area, the wage 
        schedules and rates established by the lead agency, or 
        by the Office of Personnel Management, as appropriate, 
        for prevailing rate employees in that area; and
            (5) the Office of Personnel Management shall 
        establish wage schedules and rates for prevailing rate 
        employees who are United States citizens employed in 
        any area which is outside the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the territories and possessions of the United States, 
        and the Trust Territory of the Pacific Islands.
    (b) The Office of Personnel Management shall schedule full-
scale wage surveys every 2 years and shall schedule interim 
surveys to be conducted between each 2 consecutive full-scale 
wage surveys. The Office may schedule more frequent surveys 
when conditions so suggest.
    (c) The Office of Personnel Management, by regulation, 
shall prescribe practices and procedures for conducting wage 
surveys, analyzing wage survey data, developing and 
establishing wage schedules and rates, and administering the 
prevailing rate system. The regulations shall provide--
            (1) that, subject to subsection (d) of this 
        section, wages surveyed be those paid by private 
        employers in the wage area for similar work performed 
        by regular full-time employees, except that, for 
        prevailing rate employees under paragraphs (B) and (C) 
        of section 5342(a)(2) of this title, the wages surveyed 
        shall be those paid by private employers to full-time 
        employees in a representative number of retail, 
        wholesale, service, and recreational establishments 
        similar to those in which such prevailing rate 
        employees are employed;
            (2) for participation at all levels by 
        representatives of organizations accorded recognition 
        as the representatives of prevailing rate employees in 
        every phase of providing an equitable system for fixing 
        and adjusting the rates of pay for prevailing rate 
        employees, including the planning of the surveys, the 
        drafting of specifications, the selection of data 
        collectors, the collection and the analysis of the 
        data, and the submission of recommendations to the head 
        of the lead agency for wage schedules and rates and for 
        special wage schedules and rates where appropriate;
            (3) for requirement for the accomplishment of wage 
        surveys and for the development of wage schedules and 
        rates for prevailing rate employees, including, but not 
        limited to--
                    (A) nonsupervisory and supervisory 
                prevailing rate employees paid under regular 
                wage schedules and rates;
                    (B) nonsupervisory and supervisory 
                prevailing rate employees paid under special 
                wage schedules and rates; and
                    (C) nonsupervisory and supervisory 
                prevailing rate employees described under 
                paragraphs (B) and (C) of section 5342(a)(2) of 
                this title;
            (4) for proper differentials, as determined by the 
        Office, for duty involving unusually severe working 
        conditions or unusually severe hazards;
            (5) rules governing the administration of pay for 
        individual employees on appointment, transfer, 
        promotion, demotion, and other similar changes in 
        employment status; and
            (6) for a continuing program of maintenance and 
        improvement designed to keep the prevailing rate system 
        fully abreast of changing conditions, practices, and 
        techniques both in and out of the Government of the 
        United States.
    (d)(1) A lead agency, in making a wage survey, shall 
determine whether there exists in the local wage area a number 
of comparable positions in private industry sufficient to 
establish wage schedules and rates for the principal types of 
positions for which the survey is made. The determination shall 
be in writing and shall take into consideration all relevant 
evidence, including evidence submitted by employee 
organizations recognized as representative of prevailing rate 
employees in that area.
    (2) When the lead agency determines that there is a number 
of comparable positions in private industry insufficient to 
establish the wage schedules and rates, such agency shall--
            (A) establish the wage schedules and rates to be 
        applicable to prevailing rate employees other than 
        prevailing rate employees of the Department of Defense 
        on the basis of--
                    (i) local private industry rates; and
                    (ii) rates paid for comparable positions in 
                private industry in the nearest wage area that 
                such agency determines is most similar in the 
                nature of its population, employment, manpower, 
                and industry to the local wage area for which 
                the wage survey is being made; and
            (B) establish the wage schedules and rates to be 
        applicable to prevailing rate employees of the 
        Department of Defense only on the basis of local 
        private industry rates.
    (e)(1) Each grade of a regular wage schedule for 
nonsupervisor prevailing rate employees shall have 5 steps 
with--
            (A) the first step at 96 percent of the prevailing 
        rate;
            (B) the second step at 100 percent of the 
        prevailing rate;
            (C) the third step at 104 percent of the prevailing 
        rate;
            (D) the fourth step at 108 percent of the 
        prevailing rate; and
            (E) the fifth step at 112 percent of the prevailing 
        rate.
    (2) A prevailing rate employee under a regular wage 
schedule who has a work performance rating of satisfactory or 
better, as determined by the head of the agency, shall advance 
automatically to the next higher step within the grade at the 
beginning of the first applicable pay period following his 
completion of--
            (A) 26 calendar weeks of service in step 1;
            (B) 78 calendar weeks of service in step 2; and
            (C) 104 calendar weeks of service in each of steps 
        3 and 4.
    (3) Under regulations prescribed by the Office of Personnel 
Management, the benefits of successive step increases shall be 
preserved for prevailing rate employees under a regular wage 
schedule whose continuous service is interrupted in the public 
interest by service with the armed forces or by service in 
essential non-Government civilian employment during a period of 
war or national emergency.
    (4) Supervisory wage schedules and special wage schedules 
authorized under subsection (c)(3) of this section may have 
single or multiple rates or steps according to prevailing 
practices in the industry on which the schedule is based.
    (f) A prevailing rate employee is entitled to pay at his 
scheduled rate plus a night differential--
            (1) amounting to 7\1/2\ percent of that scheduled 
        rate for regularly scheduled nonovertime work a 
        majority of the hours of which occur between 3 p.m. and 
        midnight; and
            (2) amounting to 10 percent of that scheduled rate 
        for regularly scheduled nonovertime work a majority of 
        the hours of which occur between 11 p.m. and 8 a.m.
A night differential under this subsection is a part of basic 
pay.

Sec. 5344. Effective date of wage increase; retroactive pay

    (a) Each increase in rates of basic pay granted, pursuant 
to a wage survey, to prevailing rate employees is effective not 
later than the first day of the first pay period which begins 
on or after the 45th day, excluding Saturdays and Sundays, 
following the date the wage survey is ordered to be made.
    (b) Retroactive pay is payable by reason of an increase in 
rates of basic pay referred to in subsection (a) of this 
section only when--
            (1) the individual is in the service of the 
        Government of the United States, including service in 
        the armed forces, or the government of the District of 
        Columbia on the date of the issuance of the order 
        granting the increase; or
            (2) the individual retired or died during the 
        period beginning on the effective date of the increase 
        and ending on the date of issuance of the order 
        granting the increase, and only for services performed 
        during that period.
For the purpose of this subsection, service in the armed forces 
includes the period provided by statute for the mandatory 
restoration of the individual to a position in or under the 
Government of the United States or the government of the 
District of Columbia after he is relieved from training and 
service in the armed forces or discharged from hospitalization 
following that training and service.

[Sec. 5345. Repealed. Pub. L. 95-454, title VIII, Sec. 801(a)(2), Oct. 
                    13, 1978, 92 Stat. 1221.]

Sec. 5346. Job grading system

    (a) The Office of Personnel Management, after consulting 
with the agencies and with employee organizations, shall 
establish and maintain a job grading system for positions to 
which this subchapter applies. In carrying out this subsection, 
the Office shall--
            (1) establish the basic occupational alinement and 
        grade structure or structures for the job grading 
        system;
            (2) establish and define individual occupations and 
        the boundaries of each occupation;
            (3) establish job titles within occupations;
            (4) develop and publish job grading standards; and
            (5) provide a method to assure consistency in the 
        application of job standards.
    (b) The Office, from time to time, shall review such 
numbers of positions in each agency as will enable the Office 
to determine whether the agency is placing positions in 
occupations and grades in conformance with or consistently with 
published job standards. When the Office finds that a position 
is not placed in its proper occupation and grade in conformance 
with published standards or that a position for which there is 
no published standard is not placed in the occupation and grade 
consistently with published standards, it shall, after 
consultation with appropriate officials of the agency 
concerned, place the position in its appropriate occupation and 
grade and shall certify this action to the agency. The agency 
shall act in accordance with the certificate, and the 
certificate is binding on all administrative, certifying, 
payroll, disbursing, and accounting officials.
    (c) On application, made in accordance with regulations 
prescribed by the Office, by a prevailing rate employee for the 
review of the action of an employing agency in placing his 
position in an occupation and grade for pay purposes, the 
Office shall--
            (1) ascertain currently the facts as to the duties, 
        responsibilities, and qualification requirements of the 
        position;
            (2) decide whether the position has been placed in 
        the proper occupation and grade; and
            (3) approve, disapprove, or modify, in accordance 
        with its decision, the action of the employing agency 
        in placing the position in an occupation and grade.
The Office shall certify to the agency concerned its action 
under paragraph (3) of this subsection. The agency shall act in 
accordance with the certificate, and the certificate is binding 
on all administrative, certifying, payroll, disbursing, and 
accounting officials.

Sec. 5347. Federal Prevailing Rate Advisory Committee

    (a) There is established a Federal Prevailing Rate Advisory 
Committee composed of--
            (1) the Chairman, who shall not hold any other 
        office or position in the Government of the United 
        States or the government of the District of Columbia, 
        and who shall be appointed by the Director of the 
        Office of Personnel Management for a 4-year term;
            (2) one member from the Office of the Secretary of 
        Defense, designated by the Secretary of Defense;
            (3) two members from the military departments, 
        designated by the Director of the Office of Personnel 
        Management;
            (4) one member, designated by the Director of the 
        Office of Personnel Management from time to time from 
        an agency (other than the Department of Defense, a 
        military department, and the Office of Personnel 
        Management);
            (5) an employee of the Office of Personnel 
        Management, designated by the Director of the Office of 
        Personnel Management; and
            (6) five members, designated by the Director of the 
        Office of Personnel Management, from among the employee 
        organizations representing, under exclusive recognition 
        of the Government of the United States, the largest 
        numbers of prevailing rate employees.
    (b) In designating members from among employee 
organizations under subsection (a)(6) of this section, the 
Director of the Office of Personnel Management shall designate, 
as nearly as practicable, a number of members from a particular 
employee organization in the same proportion to the total 
number of employee representatives appointed to the Committee 
under subsection (a)(6) of this section as the number of 
prevailing rate employees represented by such organization is 
to the total number of prevailing rate employees. However, 
there shall not be more than two members from any one employee 
organization nor more than four members from a single council, 
federation, alliance, association, or affiliation of employee 
organizations.
    (c) Every 2 years the Director of the Office of Personnel 
Management shall review employee organization representation to 
determine adequate or proportional representation under the 
guidelines of subsection (b) of this section.
    (d) The members from the employee organizations serve at 
the pleasure of the Director of the Office of Personnel 
Management.
    (e) The Committee shall study the prevailing rate system 
and other matters pertinent to the establishment of prevailing 
rates under this subchapter and, from time to time, advise the 
Office of Personnel Management thereon. Conclusions and 
recommendations of the Committee shall be formulated by 
majority vote. The Chairman of the Committee may vote only to 
break a tie vote of the Committee.
    (f) The Committee shall meet at the call of the Chairman. 
However, a special meeting shall be called by the Chairman if 5 
members make a written request to the Chairman to call a 
special meeting to consider matters within the purview of the 
Committee.
    (g)(1) Except as provided in paragraph (2), members of the 
Committee described in paragraphs (2)-(5) of subsection (a) of 
this section serve without additional pay. Members who 
represent employee organizations are not entitled to pay from 
the Government of the United States for services rendered to 
the Committee.
    (2) The position of Chairman shall be considered to be a 
Senior Executive Service position within the meaning of section 
3132(a), and shall be subject to all provisions of this title 
relating to Senior Executive Service positions, including 
section 5383.
    (h) The Office of Personnel Management shall provide such 
clerical and professional personnel as the Chairman of the 
Committee considers appropriate and necessary to carry out its 
functions under this subchapter. Such personnel shall be 
responsible to the Chairman of the Committee.

Sec. 5348. Crews of vessels

    (a) Except as provided by subsection (b) of this section, 
the pay of officers and members of crews of vessels excepted 
from chapter 51 of this title by section 5102(c)(8) of this 
title shall be fixed and adjusted from time to time as nearly 
as is consistent with the public interest in accordance with 
prevailing rates and practices in the maritime industry.
    (b) Vessel employees in an area where inadequate maritime 
industry practice exists and vessel employees of the Corps of 
Engineers shall have their pay fixed and adjusted under the 
provisions of this subchapter other than this section, as 
appropriate.

Sec. 5349. Prevailing rate employees; legislative, judicial, Bureau of 
                    Engraving and Printing, and government of the 
                    District of Columbia

    (a) The pay of employees, described under section 
5102(c)(7) of this title, the Library of Congress, the Botanic 
Garden, the Government Printing Office, the General Accounting 
Office, the Office of the Architect of the Capitol, the Bureau 
of Engraving and Printing, and the government of the District 
of Columbia, shall be fixed and adjusted from time to time as 
nearly as is consistent with the public interest in accordance 
with prevailing rates and in accordance with such provisions of 
this subchapter, including the provisions of section 5344, 
relating to retroactive pay, and subchapter VI of this chapter, 
relating to grade and pay retention, as the pay-fixing 
authority of each such agency may determine. Subject to section 
213(f) of title 29, the rates may not be less than the 
appropriate rates provided for by section 206(a)(1) of title 
29. If the pay-fixing authority concerned determines that the 
provisions of subchapter VI of this chapter should apply to any 
employee under his jurisdiction, then the employee concerned 
shall be deemed to have satisfied the requirements of section 
5361(1) of this title if the tenure of his appointment is 
substantially equivalent to the tenure of any appointment 
referred to in such paragraph.
    (b) Subsection (a) of this section does not modify or 
otherwise affect section 5102(d) of this title, section 305 of 
title 44, and section 5141 of title 31.


                    SUBCHAPTER V--STUDENT-EMPLOYEES

Sec. 5351. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means an Executive agency, a 
        military department, and the government of the District 
        of Columbia; and
            (2) ``student-employee'' means--
                    (A) a student nurse, medical or dental 
                intern, resident-in-training, student 
                dietitian, student physical therapist, and 
                student occupational therapist, assigned or 
                attached to a hospital, clinic, or medical or 
                dental laboratory operated by an agency; and
                    (B) any other student-employee, assigned or 
                attached primarily for training purposes to a 
                hospital, clinic, or medical or dental 
                laboratory operated by an agency, who is 
                designated by the head of the agency with the 
                approval of the Office of Personnel Management.

Sec. 5352. Stipends

    The head of each agency, and the District of Columbia 
Council with respect to the government of the District of 
Columbia, shall fix the stipends of its student-employees. The 
stipend may not exceed the applicable maximum prescribed by the 
Office of Personnel Management.

Sec. 5353. Quarters, subsistence, and laundry

    An agency may provide living quarters, subsistence, and 
laundering to student-employees while at the hospitals, 
clinics, or laboratories. The reasonable value of the 
accommodations, when furnished, shall be deducted from the 
stipend of the student-employee. The head of the agency 
concerned, and the District of Columbia Council with respect to 
the government of the District of Columbia, shall fix the 
reasonable value of the accommodations at an amount not less 
than the lowest deduction applicable to regular employees at 
the same hospital, clinic, or laboratory for similar 
accommodations.

Sec. 5354. Effect of detail or affiliation; travel expenses

    (a) Status as a student-employee is not terminated by a 
temporary detail to, or affiliation with another Government or 
non-Government institution to procure necessary supplementary 
training or experience pursuant to an order of the head of the 
agency. A student-employee may receive his stipend and other 
perquisites provided under this subchapter from the hospital, 
clinic, or laboratory to which he is assigned or attached for 
not more than 60 days of a detail or affiliation for each 
training year, as defined by the head of the agency.
    (b) When the detail or affiliation under subsection (a) of 
this section is to or with another Federal institution, the 
student-employee is entitled to necessary expenses of travel to 
and from the institution in accordance with subchapter I of 
chapter 57 of this title.

Sec. 5355. Effect on other statutes

    This subchapter does not limit the authority conferred on 
the Secretary of Veterans Affairs by chapter 73 of title 38.

Sec. 5356. Appropriations

    Funds appropriated to an agency for expenses of its 
hospitals, clinics, and laboratories to which student-employees 
are assigned or attached are available to carry out the 
provisions of this subchapter.


                 SUBCHAPTER VI--GRADE AND PAY RETENTION

Sec. 5361. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means an employee to whom chapter 
        51 of this title applies, and a prevailing rate 
        employee, as defined by section 5342(a)(2) of this 
        title, whose employment is other than on a temporary or 
        term basis;
            (2) ``agency'' has the meaning given it by section 
        5102 of this title;
            (3) ``retained grade'' means the grade used for 
        determining benefits to which an employee to whom 
        section 5362 of this title applies is entitled;
            (4) ``rate of basic pay'' means, in the case of a 
        prevailing rate employee, the scheduled rate of pay 
        determined under section 5343 of this title;
            (5) ``covered pay schedule'' means the General 
        Schedule, any prevailing rate schedule established 
        under subchapter IV of this chapter, or a special 
        occupational pay system under subchapter IX;
            (6) ``position subject to this subchapter'' means 
        any position under a covered pay schedule; and
            (7) ``reduction-in-force procedures'' means 
        procedures applied in carrying out any reduction in 
        force due to a reorganization, due to lack of funds or 
        curtailment of work, or due to any other factor.

Sec. 5362. Grade retention following a change of positions or 
                    reclassification

    (a) Any employee--
            (1) who is placed as a result of reduction-in-force 
        procedures from a position subject to this subchapter 
        to another position which is subject to this subchapter 
        and which is in a lower grade than the previous 
        position, and
            (2) who has served for 52 consecutive weeks or more 
        in one or more positions subject to this subchapter at 
        a grade or grades higher than that of the new position,
is entitled, to the extent provided in subsection (c) of this 
section, to have the grade of the position held immediately 
before such placement be considered to be the retained grade of 
the employee in any position he holds for the 2-year period 
beginning on the date of such placement.
    (b)(1) Any employee who is in a position subject to this 
subchapter and whose position has been reduced in grade is 
entitled, to the extent provided in subsection (c) of this 
section, to have the grade of such position before reduction be 
treated as the retained grade of such employee for the 2-year 
period beginning on the date of the reduction in grade.
    (2) The provisions of paragraph (1) of this subsection 
shall not apply with respect to any reduction in the grade of a 
position which had not been classified at the higher grade for 
a continuous period of at least one year immediately before 
such reduction.
    (c) For the 2-year period referred to in subsections (a) 
and (b) of this section, the retained grade of an employee 
under such subsection (a) or (b) shall be treated as the grade 
of the employee's position for all purposes (including pay and 
pay administration under this chapter and chapter 55 of this 
title, retirement and life insurance under chapters 83, 84, and 
87 of this title, and eligibility for training and promotion 
under this title) except--
            (1) for purposes of subsection (a) of this section,
            (2) for purposes of applying any reduction-in-force 
        procedures, or
            (3) for such other purposes as the Office of 
        Personnel Management may provide by regulation.
    (d) The foregoing provisions of this section shall cease to 
apply to an employee who--
            (1) has a break in service of one workday or more;
            (2) is demoted (determined without regard to this 
        section) for personal cause or at the employee's 
        request;
            (3) is placed in, or declines a reasonable offer 
        of, a position the grade of which is equal to or higher 
        than the retained grade; or
            (4) elects in writing to have the benefits of this 
        section terminate.

Sec. 5363. Pay retention

    (a) Any employee--
            (1) who ceases to be entitled to the benefits of 
        section 5362 of this title by reason of the expiration 
        of the 2-year period of coverage provided under such 
        section;
            (2) who is in a position subject to this subchapter 
        and who is subject to a reduction or termination of a 
        special rate of pay established under section 5305 of 
        this title (or corresponding prior provision of this 
        title);
            (3) who is in a position subject to this subchapter 
        and who (but for this section) would be subject to a 
        reduction in pay under circumstances prescribed by the 
        Office of Personnel Management by regulation to warrant 
        the application of this section; or
            (4) who is in a position subject to this subchapter 
        and who is subject to a reduction or termination of a 
        rate of pay established under subchapter IX of chapter 
        53;
is entitled to basic pay at a rate equal to (A) the employee's 
allowable former rate of basic pay, plus (B) 50 percent of the 
amount of each increase in the maximum rate of basic pay 
payable for the grade of the employee's position immediately 
after such reduction in pay if such allowable former rate 
exceeds such maximum rate for such grade.
    (b) For the purpose of subsection (a) of this section, 
``allowable former rate of basic pay'' means the lower of--
            (1) the rate of basic pay payable to the employee 
        immediately before the reduction in pay; or
            (2) 150 percent of the maximum rate of basic pay 
        payable for the grade of the employee's position 
        immediately after such reduction in pay.
    (c) The preceding provisions of this section shall cease to 
apply to an employee who--
            (1) has a break in service of one workday or more;
            (2) is entitled by operation of this subchapter or 
        chapter 51 or 53 of this title to a rate of basic pay 
        which is equal to or higher than, or declines a 
        reasonable offer of a position the rate of basic pay 
        for which is equal to or higher than, the rate to which 
        the employee is entitled under this section; or
            (3) is demoted for personal cause or at the 
        employee's request.

Sec. 5364. Remedial actions

    Under regulations prescribed by the Office of Personnel 
Management, the Office may require any agency--
            (1) to report to the Office information with 
        respect to vacancies (including impending vacancies);
            (2) to take such steps as may be appropriate to 
        assure employees receiving benefits under section 5362 
        or 5363 of this title have the opportunity to obtain 
        necessary qualifications for the selection to positions 
        which would minimize the need for the application of 
        such sections;
            (3) to establish a program under which employees 
        receiving benefits under section 5362 or 5363 of this 
        title are given priority in the consideration for or 
        placement in positions which are equal to their 
        retained grade or pay; and
            (4) to place certain employees, notwithstanding the 
        fact their previous position was in a different agency, 
        but only in circumstances in which the Office 
        determines the exercise of such authority is necessary 
        to carry out the purpose of this section.

Sec. 5365. Regulations

    (a) The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this subchapter.
    (b) Under such regulations, the Office may provide for the 
application of all or portions of the provisions of this 
subchapter--
            (1) to any individual reduced to a grade of a 
        covered pay schedule from a position not subject to 
        this subchapter;
            (2) to individuals to whom such provisions do not 
        otherwise apply; and
            (3) to situations the application to which is 
        justified for purposes of carrying out the mission of 
        the agency or agencies involved.
Individuals with respect to whom authority under paragraph (2) 
may be exercised include individuals who are moved without a 
break in service of more than 3 days from employment in 
nonappropriated fund instrumentalities of the Department of 
Defense or the Coast Guard described in section 2105(c) to 
employment in the Department of Defense or the Coast Guard, 
respectively, that is not described in section 2105(c).

Sec. 5366. Appeals

    (a)(1) In the case of the termination of any benefits 
available to an employee under this subchapter on the grounds 
such employee declined a reasonable offer of a position the 
grade or pay of which was equal to or greater than his retained 
grade or pay, such termination may be appealed to the Office of 
Personnel Management under procedures prescribed by the Office.
    (2) Nothing in this subchapter shall be construed to affect 
the right of any employee to appeal--
            (A) under section 5112(b) or 5346(c) of this title, 
        or otherwise, any reclassification of a position; or
            (B) under procedures prescribed by the Office of 
        Personnel Management, any reduction-in-force action.
    (b) For purposes of any appeal procedures (other than those 
described in subsection (a) of this section) or any grievance 
procedure negotiated under the provisions of chapter 71 of this 
title--
            (1) any action which is the basis of an 
        individual's entitlement to benefits under this 
        subchapter, and
            (2) any termination of any such benefits under this 
        subchapter,
shall not be treated as appealable under such appeals 
procedures or grievable under such grievance procedure.


                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS

Sec. 5371. Health care positions

    (a) For the purposes of this section, ``health care'' means 
direct patient-care services or services incident to direct 
patient-care services.
    (b) The Office of Personnel Management may, with respect to 
any employee described in subsection (c), provide that 1 or 
more provisions of chapter 74 of title 38 shall apply--
            (1) in lieu of any provision of chapter 51 or 61, 
        subchapter V of chapter 55, or any other provision of 
        this chapter; or
            (2) notwithstanding any lack of specific authority 
        for a matter with respect to which chapter 51 or 61, 
        subchapter V of chapter 55, or this chapter, relates.
    (c) Authority under subsection (b) may be exercised with 
respect to any employee holding a position--
            (1) to which chapter 51 applies, excluding any 
        Senior Executive Service position and any position in 
        the Federal Bureau of Investigation and Drug 
        Enforcement Administration Senior Executive Service; 
        and
            (2) which involves health care responsibilities.

Sec. 5372. Administrative law judges

    (a) For the purposes of this section, the term 
``administrative law judge'' means an administrative law judge 
appointed under section 3105.
    (b)(1)(A) There shall be 3 levels of basic pay for 
administrative law judges (designated as AL-1, 2, and 3, 
respectively), and each such judge shall be paid at 1 of those 
levels, in accordance with the provisions of this section.
    (B) Within level AL-3, there shall be 6 rates of basic pay, 
designated as AL-3, rates A through F, respectively. Level AL-2 
and level AL-1 shall each have 1 rate of basic pay.
    (C) The rate of basic pay for AL-3, rate A, may not be less 
than 65 percent of the rate of basic pay for level IV of the 
Executive Schedule, and the rate of basic pay for AL-1 may not 
exceed the rate for level IV of the Executive Schedule.
    (2) The Office of Personnel Management shall determine in 
accordance with procedures which the Office shall by regulation 
prescribe, the level in which each administrative-law-judge 
position shall be placed and the qualifications to be required 
for appointment to each level.
    (3)(A) Upon appointment to a position in AL-3, an 
administrative law judge shall be paid at rate A of AL-3, and 
shall be advanced successively to rates B, C, and D of that 
level at the beginning of the next pay period following 
completion of 52 weeks of service in the next lower rate, and 
to rates E and F of that level at the beginning of the next pay 
period following completion of 104 weeks or service in the next 
lower rate.
    (B) The Office of Personnel Management may provide for 
appointment of an administrative law judge in AL-3 at an 
advanced rate under such circumstances as the Office may 
determine appropriate.
    (4) Subject to paragraph (1), effective at the beginning of 
the first applicable pay period commencing on or after the 
first day of the month in which an adjustment takes effect 
under section 5303 in the rates of basic pay under the General 
Schedule, each rate of basic pay for administrative law judges 
shall be adjusted by an amount determined by the President to 
be appropriate.
    (c) The Office of Personnel Management shall prescribe 
regulations necessary to administer this section.

Sec. 5372a. Contract appeals board members

    (a) For the purpose of this section--
            (1) the term ``contract appeal board member'' means 
        a member of an agency board of contract appeals 
        appointed under section 8 of the Contract Disputes Act 
        of 1978; and
            (2) the term ``appeals board'' means an agency 
        board of contract appeals established pursuant to 
        section 8 of the Contract Disputes Act of 1978.
    (b) Rates of basic pay for contract appeals board members 
shall be as follows:
            (1) Chairman of an appeals board--the rate of basic 
        pay payable for level IV of the Executive Schedule.
            (2) Vice chairman of an appeals board--97 percent 
        of the rate under paragraph (1).
            (3) Other members of an appeals board--94 percent 
        of the rate under paragraph (1).
    (c) Rates of pay taking effect under this section shall be 
printed in the Federal Register and the Code of Federal 
Regulations.

Sec. 5372b. Administrative appeals judges \1\
---------------------------------------------------------------------------
    \1\ Subsections (a)(1) and (a)(3) of section 645 of the Treasury 
and General Government Appropriations Act, 2001 (114 Stat. 2763A-169), 
as enacted into law by section 1(a)(3) of Public Law 106-554, added 
this section after section 5372a. Section 645(b) of such Act provides:

    (b) The amendment made by subsection (a)(1) shall apply with 
respect to pay for service performed on or after the first day of the 
first applicable pay period beginning on or after--
---------------------------------------------------------------------------

          (1) the 120th day after the date of the enactment of this Act 
        [December 21, 2000]; or
          (2) if earlier, the effective date of regulations prescribed 
        by the Office of Personnel Management to carry out such 
        amendment.
    (a) For the purpose of this section--
            (1) the term ``administrative appeals judge 
        position'' means a position the duties of which 
        primarily involve reviewing decisions of administrative 
        law judges appointed under section 3105; and
            (2) the term ``agency'' means an Executive agency, 
        as defined by section 105, but does not include the 
        General Accounting Office.
    (b) Subject to such regulations as the Office of Personnel 
Management may prescribe, the head of the agency concerned 
shall fix the rate of basic pay for each administrative appeals 
judge position within such agency which is not classified above 
GS-15 pursuant to section 5108.
    (c) A rate of basic pay fixed under this section shall be--
            (1) not less than the minimum rate of basic pay for 
        level AL-3 under section 5372; and
            (2) not greater than the maximum rate of basic pay 
        for level AL-3 under section 5372.

Sec. 5373. Limitation on pay fixed by administrative action

    (a) Except as provided in subsection (b) and by the 
Government Employees Salary Reform Act of 1964 (78 Stat. 400) 
and notwithstanding the provisions of other statutes, the head 
of an Executive agency or military department who is authorized 
to fix by administrative action the annual rate of basic pay 
for a position or employee may not fix the rate at more than 
the rate for level IV of the Executive Schedule. This section 
does not impair the authorities provided by--
            (1) sections 248, 481, and 1819 of title 12;\1\
---------------------------------------------------------------------------
    \1\ Conflicting amendments made by Public Law 101-73. See 103 Stat. 
437 and 523.
---------------------------------------------------------------------------
            (2) section 831b of title 16; or
            (3) sections 403a-403c, 403e-403h, and 403j of 
        title 50.
    (b) Subsection (a) shall not affect the authority of the 
Secretary of Defense or the Secretary of a military department 
to fix the pay of a civilian employee paid from nonappropriated 
funds, except that the annual rate of basic pay (including any 
portion of such pay attributable to comparability with private-
sector pay in a locality) of such an employee may not be fixed 
at a rate greater than the rate for level III of the Executive 
Schedule.

Sec. 5374. Miscellaneous positions in the executive branch

    The head of the agency concerned shall fix the annual rate 
of basic pay for each position in the executive branch 
specifically referred to in, or covered by, a conforming change 
in statute made by section 305 of the Government Employees 
Salary Reform Act of 1964 (78 Stat. 422), or other position in 
the executive branch for which the annual pay is fixed at a 
rate of $18,500 or more under special provision of statute 
enacted before August 14, 1964, which is not placed in a level 
of the Executive Schedule set forth in subchapter II of this 
chapter, at a rate equal to the pay rate of a grade and step of 
the General Schedule set forth in section 5332 of this title. 
The head of the agency concerned shall report each action taken 
under this section to the Office of Personnel Management and 
publish a notice thereof in the Federal Register, except when 
the President determines that the report and publication would 
be contrary to the interest of national security.

Sec. 5375. Police force of the National Zoological Park

    The Secretary of the Smithsonian Institute shall fix the 
annual rates of basic pay for positions on the police force of 
the National Zoological Park as follows:
            (1) Private, not more than the maximum annual rate 
        of basic pay payable for grade GS-7 of the General 
        Schedule.
            (2) Sergeant, not more than the maximum annual rate 
        of basic pay payable for grade GS-8 of the General 
        Schedule.
            (3) Lieutenant, not more than the maximum annual 
        rate of basic pay payable for grade GS-9, of the 
        General Schedule.
            (4) Captain, not more than the maximum annual rate 
        of basic pay payable for grade GS-10 of the General 
        Schedule.

Sec. 5376. Pay for certain senior-level positions \1\

    (a) This section applies to--
---------------------------------------------------------------------------
    \1\ Section 101(c)-(d) of the Federal Employees Pay Comparability 
Act of 1990 (Public Law 101-509; 104 Stat. 1442) provides:
    (c) Other References.--Until otherwise provided by law--
---------------------------------------------------------------------------

          (1) any reference in a provision of law (which is outside 
        title 5, United States Code, and in effect immediately before 
        this section takes effect, excluding any reference in a 
        provision of law amended by this Act)--

                  (A)(i) to the rate of pay for grade GS-18 of the 
                General Schedule, or to the maximum rate of pay under 
                the General Schedule, shall be considered a reference 
                to the maximum rate payable under section 5376 of such 
                title (as amended by section 102(a));
                  (ii) to the minimum rate of pay for grade GS-16 of 
                the General Schedule shall be considered a reference to 
                the minimum rate payable under section 5376 of such 
                title (as amended by section 102(a)); and
                  (iii) to a rate of pay for grade GS-16 or 17 of the 
                General Schedule shall (except as provided in clause 
                (ii)) be considered a reference to a rate of pay for a 
                position classified above GS-15 pursuant to section 
                5108 of such title (as amended by section 102(b)(2)); 
                and
                  (B) to a rate of pay under the General Schedule shall 
                not include any comparability payment payable under 
                section 5304 of such title (as amended by this section) 
                or any geographic adjustment payable under section 302; 
                and

          (2) any authority granted by a provision of law (which is 
        outside such title, and in effect immediately before this 
        section takes effect) to fix pay in accordance with chapter 51 
        and subchapter II of chapter 53 of such title--

                  (A) shall not be considered to include any authority 
                under section 5304 of such title (as amended by this 
                section) or section 302; but
                  (B) shall be considered to include authority under 
                section 5376 of such title (as amended by section 
                102(a)), if applicable.
---------------------------------------------------------------------------
    (d) Regulations.--The Office of Personnel Management may prescribe 
regulations, consistent with subsection (c)(1)(B) and section 303, 
governing the conversion or adjustment of rates of pay, where necessary 
because of the abolishment of grades GS-16, 17, and 18 of the General 
Schedule.
---------------------------------------------------------------------------
            (1) positions that are classified above GS-15 
        pursuant to section 5108; and
            (2) scientific or professional positions 
        established under section 3104;
but does not apply--
            (A) any Senior Executive Service position under 
        section 3132; or
            (B) any position in the Federal Bureau of 
        Investigation and Drug Enforcement Administration 
        Senior Executive Service under section 3151.
    (b)(1) Subject to such regulations as the Office of 
Personnel Management prescribes, the head of the agency 
concerned shall fix the rate of basic pay for any position 
within such agency to which this section applies. A rate fixed 
under this section shall be--
            (A) not less than 120 percent of the minimum rate 
        of basic pay payable for GS-15 of the General Schedule; 
        and
            (B) not greater than the rate of basic pay payable 
        for level IV of the Executive Schedule.
The payment of a rate of basic pay under this section shall not 
be subject to the pay limitation of section 5306(e) or 5373.
    (2) Subject to paragraph (1), effective at the beginning of 
the first applicable pay period commencing on or after the 
first day of the month in which an adjustment takes effect 
under section 5303 in the rates of pay under the General 
Schedule, each rate of pay established under this section for 
positions within an agency shall be adjusted by such amount as 
the head of such agency considers appropriate.

Sec. 5377. Pay authority for critical positions

    (a) For the purpose of this section--
            (1) the term ``agency'' has the meaning given it by 
        section 5102; and
            (2) the term ``position'' means--
                    (A) a position to which chapter 51 applies, 
                including a position in the Senior Executive 
                Service or the Federal Bureau of Investigation 
                and Drug Enforcement Administration Senior 
                Executive Service;
                    (B) a position under the Executive Schedule 
                under sections 5312-5317;
                    (C) a position to which section 5372 
                applies (or would apply, but for this section);
                    (D) a position to which section 5372a 
                applies (or would apply, but for this section);
                    (E) a position established under section 
                3104; and
                    (F) a position in a category as to which a 
                designation is in effect under subsection (i).
    (b) Authority under this section--
            (1) may be granted or exercised only with respect 
        to a position--
                    (A) which requires expertise of an 
                extremely high level in a scientific, 
                technical, professional, or administrative 
                field; and
                    (B) which is critical to the agency's 
                successful accomplishment of an important 
                mission; and
            (2) may be granted or exercised only to the extent 
        necessary to recruit or retain an individual 
        exceptionally well qualified for the position.
    (c) The Office of Management and Budget, in consultation 
with the Office of Personnel Management, may, upon the request 
of the head of an agency, grant authority to fix the rate of 
basic pay for 1 or more positions in such agency in accordance 
with this section.
    (d)(1) The rate of basic pay fixed under this section by an 
agency head may not be less than the rate of basic pay 
(including any comparability payments) which would then 
otherwise be payable for the position involved if this section 
had never been enacted.
    (2) Basic pay may not be fixed under this section at a rate 
greater than the rate payable for level I of the Executive 
Schedule, except upon written approval of the President.
    (e) The authority to fix the rate of basic pay under this 
section for a position shall terminate--
            (1) whenever the Office of Management and Budget 
        determines (in accordance with such procedures and 
        subject to such terms or conditions as such Office by 
        regulation prescribes) that 1 or more of the 
        requirements of subsection (b) are no longer met; or
            (2) as of such date as such Office may otherwise 
        specify, except that termination under this paragraph 
        may not take effect before the authority has been 
        available for such position for at least 1 calendar 
        year.
    (f) The Office of Management and Budget may not authorize 
the exercise of authority under this section with respect to 
more than 800 positions at any time, of which not more than 30 
may, at any such time, be positions the rate of basic pay for 
which would otherwise be determined under subchapter II.
    (g) The Office of Management and Budget shall consult with 
the Office of Personnel Management before prescribing 
regulations under this section or making any decision to grant 
or terminate any authority under this section.
    (h) The Office of Management and Budget shall report to the 
Committee on Post Office and Civil Service of the House of 
Representatives and the Committee on Governmental Affairs of 
the Senate each year, in writing, on the operation of this 
section. Each report under this subsection shall include--
            (1) the number of positions, in the aggregate and 
        by agency, for which higher rates of pay were 
        authorized or paid under this section during any part 
        of the period covered by such report; and
            (2) the name of each employee to whom a higher rate 
        of pay was paid under this section during any portion 
        of the period covered by such report, the rate on rates 
        paid under this section during such period, the dates 
        between which each such higher rate was paid, and the 
        rate or rates that would have been paid but for this 
        section.
    (i)(1) For the purpose of this subsection, the term 
``position'' means the work, consisting of the duties and 
responsibilities, assignable to an employee, except that such 
term does not include any position under subsection (a)(2)(A)-
(E).
    (2) At the request of an agency head, the President may 
designate 1 or more categories of positions within such agency 
to be treated, for purposes of this section, as positions 
within the meaning of subsection (a)(2).

Sec. 5378. Police forces of the Bureau of Engraving and Printing and 
                    the United States Mint

    (a) The Secretary of the Department of the Treasury, or his 
designee, in his sole discretion shall fix the rates of basic 
pay for positions within the police forces of the United States 
Mint and the Bureau of Engraving and Printing without regard to 
the pay provisions of title 5, United States Code, except that 
no entry-level police officer shall receive basic pay for a 
calendar year that is less than the basic rate of pay for 
General Schedule GS-7 and no executive security official shall 
receive basic compensation for a calendar year that exceeds the 
basic rate of pay for General Schedule GS-15.
    (b) For the purposes of this section, the term ``police 
forces of the Bureau of Engraving and Printing and the United 
States Mint'' means the employees of the Department of the 
Treasury who are appointed, under the authority of the 
Secretary of the Treasury, as police officers for the 
protection of the Bureau of Engraving and Printing and the 
United States Mint buildings and property.\1\
---------------------------------------------------------------------------
    \1\ Section 519 of the Treasury, Postal Service, and General 
Government Appropriations Act, 1996 (Public Law 104-52) added a new 
paragraph (8) at the end of section 5378 (probably should have been to 
subsection (a) thereof). That paragraph probably should have been 
deleted as part of the amendment made by section 121 of Public Law 105-
61 (111 Stat. 1289).
---------------------------------------------------------------------------

Sec. 5379. Student loan repayments

    (a)(1) For the purpose of this section--
            (A) the term ``agency'' means an agency under 
        subparagraph (A), (B),(C), (D), or (E) of section 
        4101(1) of this title; and
            (B) the term ``student loan'' means--
                    (i) a loan made, insured, or guaranteed 
                under part B of title IV of the Higher 
                Education Act of 1965 (20 U.S.C. 1071 et seq.);
                    (ii) a loan made under part D or E of title 
                IV of the Higher Education Act of 1965 (20 
                U.S.C. 1087a et seq., 1087aa et seq.); and
                    (iii) a health education assistance loan 
                made or insured under part A of title VII of 
                the Public Health Service Act (42 U.S.C. 292 et 
                seq.) or under part E of title VIII of such Act 
                (42 U.S.C. 297a et seq.).
    (2) An employee shall be ineligible for benefits under this 
section if the employee occupies a position that is excepted 
from the competitive service because of its confidential, 
policy-determining, policy-making, or policy-advocating 
character.
    (b)(1) The head of an agency may, in order to recruit or 
retain highly qualified personnel, establish a program under 
which the agency may agree to repay (by direct payments on 
behalf of the employee) any student loan previously taken out 
by such employee.
    (2) Payments under this section shall be made subject to 
such terms, limitations, or conditions as may be mutually 
agreed to by the agency and employee concerned, except that the 
amount paid by an agency under this section may not exceed--
            (A) $6,000 for any employee in any calendar year; 
        or
            (B) a total of $40,000 in the case of any employee.
    (3) Nothing in this section shall be considered to 
authorize an agency to pay any amount to reimburse an employee 
for any repayments made by such employee prior to the agency's 
entering into an agreement under this section with such 
employee.
    (c)(1) An employee selected to receive benefits under this 
section must agree in writing, before receiving any such 
benefit, that the employee will--
            (A) remain in the service of the agency for a 
        period specified in the agreement (not less than 3 
        years), unless involuntarily separated; and
            (B) if separated involuntarily on account of 
        misconduct, or voluntarily, before the end of the 
        period specified in the agreement, repay to the 
        Government the amount of any benefits received by such 
        employee from that agency under this section.
    (2) The payment agreed to under paragraph (1)(B) of this 
subsection may not be required of an employee who leaves the 
service of such employee's agency voluntarily to enter into the 
service of any other agency unless the head of the agency that 
authorized the benefits notifies the employee before the 
effective date of such employee's entrance into the service of 
the other agency that payment will be required under this 
subsection.
    (3) If an employee who is involuntarily separated on 
account of misconduct or who (excluding any employee relieved 
of liability under paragraph (2) of this subsection) is 
voluntarily separated before completion the required period of 
service fails to repay the amount agreed to under paragraph 
(1)(B) of this subsection, a sum equal to the amount 
outstanding is recoverable by the Government from the employee 
(or such employee's estate, if applicable) by--
            (A) setoff against accrued pay, compensation, 
        amount of retirement credit, or another amount due the 
        employee from the Government; and
            (B) such other method as is provided by law for the 
        recovery of amounts owing to the Government.
The head of the agency concerned may waive, in whole or in 
part, a right of recovery under this subsection if it is shown 
that recovery would be against equity and good conscience or 
against the public interest.
    (4) Any amount repaid by, or recovered from, an individual 
(or an estate) under this subsection shall be credited to the 
appropriation account from which the amount involved was 
originally paid. Any amount so credited shall be merged with 
other sums in such account and shall be available for the same 
purposes and period, and subject to the same limitations (if 
any), as the sums with which merged.
    (d) An employee receiving benefits under this section from 
an agency shall be ineligible for continued benefits under this 
section from such agency if the employee--
            (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.
    (h)(1) Each head of an agency shall maintain, and annually 
submit to the Director of the Office of Personnel Management, 
information with respect to the agency on--
            (A) the number of Federal employees selected to 
        receive benefits under this section;
            (B) the job classifications for the recipients; and
            (C) the cost to the Federal Government of providing 
        the benefits.
    (2) The Director of the Office of Personnel Management 
shall prepare, and annually submit to Congress, a report 
containing the information submitted under paragraph (1), and 
information identifying the agencies that have provided 
benefits under this section.


         SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE

Sec. 5381. Definitions

    For the purpose of this subchapter, ``agency'', ``Senior 
Executive Service position'', ``career appointee'', and 
``senior executive'' have the meanings set forth in section 
3132(a) of this title.

Sec. 5382. Establishment and adjustment of rates of pay for the Senior 
                    Executive Service

    (a) There shall be 5 or more rates of basic pay for the 
Senior Executive Service, and each senior executive shall be 
paid at one of the rates. The rates of basic pay shall be 
initially established and thereafter adjusted by the President 
subject to subsection (b) of this section.
    (b) In setting rates of basic pay, the lowest rate for the 
Senior Executive Service shall not be less than the minimum 
rate of basic pay payable under section 5376 and the highest 
rate shall not exceed the rate for level IV of the Executive 
Schedule. The payment of the rates shall not be subject to the 
pay limitation of section 5306(e) or 5373 of this title.
    (c) Subject to subsection (b) of this section, effective at 
the beginning of the first applicable pay period commencing on 
or after the first day of the month in which an adjustment 
takes effect under section 5303 of this title in the rates of 
pay under the General Schedule, each rate of basic pay for the 
Senior Executive Service shall be adjusted by an amount 
determined by the President to be appropriate.
    (d) The rates of basic pay that are established and 
adjusted under this section shall be printed in the Federal 
Register and shall supersede any prior rates of basic pay for 
the Senior Executive Service.

Sec. 5383. Setting individual senior executive pay

    (a) Each appointing authority shall determine, in 
accordance with criteria established by the Office of Personnel 
Management, which of the rates established under section 5382 
of this title shall be paid to each senior executive under such 
appointing authority.
    (b) Members of the Senior Executive Service shall be 
subject to the limitation under section 5307.
    (c) Except for any pay adjustment under section 5382 of 
this title, the rate of basic pay for any senior executive may 
not be adjusted more than once during any 12-month period.
    (d) The rate of basic pay for any career appointee may be 
reduced from any rate of basic pay to any lower rate of basic 
pay only if the career appointee receives a written notice of 
the reduction at least 15 days in advance of the reduction.
    (e)(1) This subsection applies to--
            (A) any individual who, after serving at least 5 
        years of current continuous service in 1 or more 
        positions in the competitive service, is appointed, 
        without any break in service, as a career appointee; 
        and
            (B) any individual who--
                    (i) holds a position which is converted 
                from the competitive service to a career 
                reserved position in the Senior Executive 
                Service; and
                    (ii) as of the conversion date, has at 
                least 5 years of current continuous service in 
                1 or more positions in the competitive service.
    (2)(A) The initial rate of pay for a career appointee who 
is appointed under the circumstances described in paragraph 
(1)(A) may not be less than the rate of basic pay last payable 
to that individual immediately before being so appointed.
    (B) The initial rate of pay for a career appointee 
following the position's conversion (as described in paragraph 
(1)(B)) may not be less than the rate of basic pay last payable 
to that individual immediately before such position's 
conversion.

Sec. 5384. Performance awards in the Senior Executive Service

    (a)(1) To encourage excellence in performance by career 
appointees, performance awards shall be paid to career 
appointees in accordance with the provisions of this section.
    (2) Such awards shall be paid in a lump sum and shall be in 
addition to the basic pay paid under section 5382 of this title 
or any award paid under section 4507 of this title.
    (b)(1) No performance award under this section shall be 
paid to any career appointee whose performance was determined 
to be less than fully successful at the time of the appointee's 
most recent performance appraisal and rating under subchapter 
II of chapter 43 of this title.
    (2) The amount of a performance award under this section 
shall be determined by the agency head but may not be less than 
5 percent nor more than 20 percent of the career appointee's 
rate of basic pay.
    (3) The aggregate amount of performance awards paid under 
this section by an agency during any fiscal year may not exceed 
the greater of--
            (A) an amount equal to 10 percent of the aggregate 
        amount of basic pay paid to career appointees in such 
        agency during the preceding fiscal year; or
            (B) an amount equal to 20 percent of the average of 
        the annual rates of basic pay paid to career appointees 
        in such agency during the preceding fiscal year.
    (c)(1) Performance awards paid by any agency under this 
section shall be based on recommendations by performance review 
boards established by such agency under section 4314 of this 
title.
    (2) not \1\ less than a majority of the members of any 
review board referred to in paragraph (1) shall be career 
appointees whenever making recommendations under such paragraph 
with respect to a career appointee. The requirement of the 
preceding sentence shall not apply in any case in which the 
Office of Personnel Management determines that there exists an 
insufficient number of career appointees available to comply 
with the requirement.
---------------------------------------------------------------------------
    \1\ So in law. The word ``not'' probably should be capitalized. See 
section 625(a) of P.L. 101-136 (103 Stat. 822).
---------------------------------------------------------------------------
    (d) The Office of Personnel Management may issue guidance 
to agencies concerning the proportion of Senior Executive 
Service salary expenses that may be appropriately applied to 
payment of performance awards and the distribution of awards.

Sec. 5385. Regulations

    The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this subchapter.


            SUBCHAPTER IX--SPECIAL OCCUPATIONAL PAY SYSTEMS

Sec. 5391. Definitions

    For the purposes of this subchapter, ``agency'', 
``employee'', and ``position'' have the meaning given them by 
section 5102.

Sec. 5392. Establishment of special occupational pay systems

    (a) Authority under this section may be exercised with 
respect to any occupation or group of occupations to which 
subchapter III applies (or would apply but for this section).
    (b) Subject to subsection (a), the President's pay agent 
(as referred to in section 5304(d)) may establish one or more 
special occupational pay systems for any positions within 
occupations or groups of occupations that the pay agent 
determines, for reasons of good administration, should not be 
classified under chapter 51 or subject to subchapter III.
    (c) In establishing special occupational pay systems, the 
pay agent shall--
            (1) identify occupations or groups of occupations 
        for which chapter 51 and subchapter III do not function 
        adequately;
            (2) consider alternative approaches for determining 
        the pay for employees in positions in such occupations 
        or groups of occupations;
            (3) give thorough consideration to the views of 
        agencies employing such employees and labor 
        organizations representing such employees, as well as 
        other interested parties;
            (4) publish a proposed plan for determining the pay 
        of such employees in the Federal Register;
            (5) conduct one or more public hearings;
            (6) provide each House of Congress with a report at 
        least 90 days in advance of the date the system is to 
        take effect setting forth the details of the proposed 
        plan; and
            (7) not later than 30 days before the date the 
        system is to take effect, publish in the Federal 
        Register the details of the final plan for the special 
        occupational pay system.
    (d) A special occupational pay system may not--
            (1) provide for a waiver of any law, rule, or 
        regulation that could not be waived under section 
        4703(c); or
            (2) provide a rate of basic pay for any employee in 
        excess of the rate payable for level V of the Executive 
        Schedule.
    (e) Subject to subsection (d)(2), effective at the 
beginning of the first applicable pay period commencing on or 
after the first day of the month in which an adjustment takes 
effect under section 5303 in the rates of pay under the General 
Schedule, each rate of pay established under this section shall 
be adjusted by such amount as the Office considers appropriate.


                     CHAPTER 55--PAY ADMINISTRATION

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
5501.    Disposition of money accruing from lapsed salaries or unused 
          appropriations for salaries.
5502.    Unauthorized office; prohibition on use of funds.
5503.    Recess appointments.
5504.    Biweekly pay periods; computation of pay.
5505.    Monthly pay periods; computation of pay.
5506.    Computation of extra pay based on standard or daylight saving 
          time.
5507.    Officer affidavit; condition to pay.
5508.    Officer entitled to leave; effect on pay status.
5509.    Appropriations.

                     SUBCHAPTER II--WITHHOLDING PAY

5511.    Withholding pay; employees removed for cause.
5512.    Withholding pay; individuals in arrears.
5513.    Withholding pay; credit disallowed or charge raised for 
          payment.
5514.    Installment deduction for indebtedness to the United States.
5515.    Crediting amounts received for jury or witness service.
5516.    Withholding District of Columbia income taxes.
5517.    Withholding State income taxes.
5518.    Deductions for State retirement systems; National Guard 
          employees.
5519.    Crediting amounts received for certain Reserve or National 
          Guard service.
5520.    Withholding of city or county income or employment taxes.
5520a.   Garnishment of pay.

      SUBCHAPTER III--ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

5521.    Definitions.
5522.    Advance payments; rates; amounts recoverable.
5523.    Duration of payments; rates; active service period.
5524.    Review of accounts.
5524a.   Advance payments for new appointees.
5525.    Allotment and assignment of pay.
5526.    Funds available on reimbursable basis.
5527.    Regulations.

               SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT

5531.    Definitions.
[5532.   Repealed.]
5533.    Dual pay from more than one position; limitations; exceptions.
5534.    Dual employment and pay of Reserves and National Guardsmen.
5534a.   Dual employment and pay during terminal leave from uniformed 
          services.
5535.    Extra pay for details prohibited.
5536.    Extra pay for extra services prohibited.
5537.    Fees for jury and witness service.

                        SUBCHAPTER V--PREMIUM PAY

5541.    Definitions.
5542.    Overtime rates; computation.
5543.    Compensatory time off.
5544.    Wage-board overtime and Sunday rates; computation.
5545.    Night, standby, irregular, and hazardous duty differential.
5545a.   Availability pay for criminal investigators.
5545b.   Pay for firefighters.
5546.    Pay for Sunday and holiday work.
5546a.   Differential pay for certain employees of the Federal Aviation 
          Administration and the Department of Defense.
5547.    Limitation on premium pay.
5548.    Regulations.
5549.    Effect on other statutes.
[5550.   Repealed.]
5550a.   Compensatory time off for religious observances.

        SUBCHAPTER VI--PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

5551.    Lump-sum payment for accumulated and accrued leave on 
          separation.
5552.    Lump-sum payment for accumulated and accrued leave on entering 
          active duty; election.
5553.    Regulations.

              SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES

5561.    Definitions.
5562.    Pay and allowances; continuance while in a missing status; 
          limitations.
5563.    Allotments; continuance, suspension, initiation, resumption, or 
          increase while in a missing status; limitations.
5564.    Travel and transportation; dependents; household and personal 
          effects; motor vehicles; sale of bulky items; claims for 
          proceeds; appropriation chargeable.
5565.    Agency review.
5566.    Agency determinations.
5567.    Settlement of accounts.
5568.    Income tax deferment.
5569.    Benefits for captives.
5570.    Compensation for disability or death.

                 SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS

5581.    Definitions.
5582.    Designation of beneficiary; order of precedence.
5583.    Payment of money due; settlement of accounts.
5584.    Claims for overpayment of pay and allowances, and of travel, 
          transportation and relocation expenses and allowances.

                SUBCHAPTER IX--SEVERANCE PAY AND BACK PAY

[5591 to 5594. Repealed.]
5595.    Severance pay.
5596.    Back pay due to unjustified personnel action.
5597.    Separation pay.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 5501. Disposition of money accruing from lapsed salaries or unused 
                    appropriations for salaries

    Money accruing from lapsed salaries or from unused 
appropriations for salaries shall be covered into the Treasury 
of the United States. An individual who violates this section 
shall be removed from the service.

Sec. 5502. Unauthorized office; prohibition on use of funds

    (a) Payment for services may not be made from the Treasury 
of the United States to an individual acting or assuming to act 
as an officer in the civil service or uniformed services in an 
office which is not authorized by existing law, unless the 
office is later sanctioned by law.
    (b) Except as otherwise provided by statute, public money 
and appropriations may not be used for pay or allowance for an 
individual employed by an official of the United States retired 
from active service.

Sec. 5503. Recess appointments

    (a) Payment for services may not be made from the Treasury 
of the United States to an individual appointed during a recess 
of the Senate to fill a vacancy in an existing office, if the 
vacancy existed while the Senate was in session and was by law 
required to be filled by and with the advice and consent of the 
Senate, until the appointee has been confirmed by the Senate. 
This subsection does not apply--
            (1) if the vacancy arose within 30 days before the 
        end of the session of the Senate;
            (2) if, at the end of the session, a nomination for 
        the office, other than the nomination of an individual 
        appointed during the preceding recess of the Senate, 
        was pending before the Senate for its advice and 
        consent; or
            (3) if a nomination for the office was rejected by 
        the Senate within 30 days before the end of the session 
        and an individual other than the one whose nomination 
        was rejected thereafter receives a recess appointment.
    (b) A nomination to fill a vacancy referred to by paragraph 
(1), (2), or (3) of subsection (a) of this section shall be 
submitted to the Senate not later than 40 days after the 
beginning of the next session of the Senate.

Sec. 5504. Biweekly pay periods; computation of pay

    (a) The pay period for an employee covers two 
administrative workweeks. For the purpose of this subsection, 
``employee'' means--
            (1) an employee in or under an Executive agency;
            (2) an employee in or under the Office of the 
        Architect of the Capitol, the Botanic Garden, and the 
        Library of Congress, for whom a basic administrative 
        workweek is established under section 6101(a)(5) of 
        this title; and
            (3) an individual employed by the government of the 
        District of Columbia;
but does not include--
            (A) an employee on the Isthmus of Panama in the 
        service of the Panama Canal Commission; or
            (B) an employee or individual excluded from the 
        definition of employee in section 5541(2) of this title 
        other than an employee or individual excluded by 
        section 5541(2)(xvi) of this title.
    (b) When, in the case of an employee, it is necessary for 
computation of pay under this subsection to convert an annual 
rate of basic pay to a basic hourly, daily, weekly, or biweekly 
rate, the following rules govern:
            (1) To derive an hourly rate, divide the annual 
        rate by 2,087.
            (2) To derive a daily rate, multiply the hourly 
        rate by the number of daily hours of service required.
            (3) To derive a weekly or biweekly rate, multiply 
        the hourly rate by 40 or 80, as the case may be.
Rates are computed to the nearest cent, counting one-half and 
over as a whole cent. For the purpose of this subsection, 
``employee'' means--
            (A) an employee in or under an Executive agency;
            (B) an employee in or under the judicial branch;
            (C) an employee in or under the Office of the 
        Architect of the Capitol, the Botanic Garden, and the 
        Library of Congress, for whom a basic administrative 
        workweek is established under section 6101(a)(5) of 
        this title; and
            (D) an individual employed by the government of the 
        District of Columbia;
but does not include an employee or individual excluded from 
the definition of employee in section 5541(2) of this title 
other than an employee or individual excluded by section 
5541(2)(xvi) of this title.
    (c) The Office of Personnel Management may prescribe 
regulations, subject to the approval of the President, 
necessary for the administration of this section insofar as 
this section affects employees in or under an Executive agency.

Sec. 5505. Monthly pay periods; computation of pay

    The pay period for an individual in the service of the 
United States whose pay is monthly or annual covers one 
calendar month, and the following rules for division of time 
and computation of pay for services performed govern:
            (1) A month's pay is one-twelfth of a year's pay.
            (2) A day's pay is one-thirtieth of a month's pay.
            (3) The 31st day of a calendar month is ignored in 
        computing pay, except that one day's pay is forfeited 
        for one day's unauthorized absence on the 31st day of a 
        calendar month.
            (4) For each day of the month elapsing before 
        entering the service, one day's pay is deducted from 
        the first month's pay of the individual.
This section does not apply to an employee whose pay is 
computed under section 5504(b) of this title.

Sec. 5506. Computation of extra pay based on standard or daylight 
                    saving time

    When an employee as defined by section 2105 of this title 
or an individual employed by the government of the District of 
Columbia is entitled to extra pay for services performed 
between or after certain named hours of the day or night, the 
extra pay is computed on the basis of either standard or 
daylight saving time, depending on the time observed by law, 
custom, or practice where the services are performed.

Sec. 5507. Officer affidavit; condition to pay

    An officer required by section 3332 of this title to file 
an affidavit may not be paid until the affidavit has been 
filed.

Sec. 5508. Officer entitled to leave; effect on pay status

    An officer in the executive branch and an officer of the 
government of the District of Columbia to whom subchapter I of 
chapter 63 of this title applies are not entitled to the pay of 
their offices solely because of their status as officers.

Sec. 5509. Appropriations

    There are authorized to be appropriated sums necessary to 
carry out the provisions of this title.


                     SUBCHAPTER II--WITHHOLDING PAY

Sec. 5511. Withholding pay; employees removed for cause

    (a) Except as provided by subsection (b) of this section, 
the earned pay of an employee removed for cause may not be 
withheld or confiscated.
    (b) If an employee indebted to the United States is removed 
for cause, the pay accruing to the employee shall be applied in 
whole or in part to the satisfaction of any claim or 
indebtedness due the United States.

Sec. 5512. Withholding pay; individuals in arrears

    (a) The pay of an individual in arrears to the United 
States shall be withheld until he has accounted for and paid 
into the Treasury of the United States all sums for which he is 
liable.
    (b) When pay is withheld under subsection (a) of this 
section, the employing agency, on request of the individual, 
his agent, or his attorney, shall report immediately to the 
Attorney General the balance due; and the Attorney General, 
within 60 days, shall order suit to be commenced against the 
individual.

Sec. 5513. Withholding pay; credit disallowed or charge raised for 
                    payment

    When the General Accounting Office, on a statement of the 
account of a disbursing or certifying official of the United 
States, disallows credit or raises a charge for a payment to an 
individual in or under an Executive agency otherwise entitled 
to pay, the pay of the payee shall be withheld in whole or in 
part until full reimbursement is made under regulations 
prescribed by the head of the Executive agency from which the 
payee is entitled to receive pay. This section does not repeal 
or modify existing statutes relating to the collection of the 
indebtedness of an accountable, certifying, or disbursing 
official.

Sec. 5514. Installment deduction for indebtedness to the United States

    (a)(1) When the head of an agency or his designee 
determines that an employee, member of the Armed Forces or 
Reserve of the Armed Forces, is indebted to the United States 
for debts to which the United States is entitled to be repaid 
at the time of the determination by the head of an agency or 
his designee, or is notified of such a debt by the head of 
another agency or his designee the amount of indebtedness may 
be collected in monthly installments, or at officially 
established pay intervals, by deduction from the current pay 
account of the individual. The deductions may be made from 
basic pay, special pay, incentive pay, retired pay, retainer 
pay, or, in the case of an individual not entitled to basic 
pay, other authorized pay. The amount deducted for any period 
may not exceed 15 percent of disposable pay, except that a 
greater percentage may be deducted upon the written consent of 
the individual involved. If the individual retires or resigns, 
or if his employment or period of active duty otherwise ends, 
before collection of the amount of the indebtedness is 
completed, deduction shall be made from subsequent payments of 
any nature due the individual from the agency concerned. All 
Federal agencies to which debts are owed and which have 
outstanding delinquent debts shall participate in a computer 
match at least annually of their delinquent debt records with 
records of Federal employees to identify those employees who 
are delinquent in repayment of those debts. The preceding 
sentence shall not apply to any debt under the Internal Revenue 
Code of 1986. Matched Federal employee records shall include, 
but shall not be limited to, records of active Civil Service 
employees government-wide, military active duty personnel, 
military reservists, United States Postal Service employees, 
employees of other government corporations, and seasonal and 
temporary employees. The Secretary of the Treasury shall 
establish and maintain an interagency consortium to implement 
centralized salary offset computer matching, and promulgate 
regulations for this program. Agencies that perform centralized 
salary offset computer matching services under this subsection 
are authorized to charge a fee sufficient to cover the full 
cost for such services.
    (2) Except as provided in paragraph (3) of this subsection, 
prior to initiating any proceedings under paragraph (1) of this 
subsection to collect any indebtedness of an individual, the 
head of the agency holding the debt or his designee, shall 
provide the individual with--
            (A) a minimum of thirty days written notice, 
        informing such individual of the nature and amount of 
        the indebtedness determined by such agency to be due, 
        the intention of the agency to initiate proceedings to 
        collect the debt through deductions from pay, and an 
        explanation of the rights of the individual under this 
        subsection;
            (B) an opportunity to inspect and copy Government 
        records relating to the debt;
            (C) an opportunity to enter into a written 
        agreement with the agency, under terms agreeable to the 
        head of the agency or his designee, to establish a 
        schedule for the repayment of the debt; and
            (D) an opportunity for a hearing on the 
        determination of the agency concerning the existence or 
        the amount of the debt, and in the case of an 
        individual whose repayment schedule is established 
        other than by a written agreement pursuant to 
        subparagraph (C), concerning the terms of the repayment 
        schedule.
A hearing, described in subparagraph (D), shall be provided if 
the individual, on or before the fifteenth day following 
receipt of the notice described in subparagraph (A), and in 
accordance with such procedures as the head of the agency may 
prescribe, files a petition requesting such a hearing. The 
timely filing of a petition for hearing shall stay the 
commencement of collection proceedings. A hearing under 
subparagraph (D) may not be conducted by an individual under 
the supervision or control of the head of the agency, except 
that nothing in this sentence shall be construed to prohibit 
the appointment of an administrative law judge. The hearing 
official shall issue a final decision at the earliest 
practicable date, but not later than sixty days after the 
filing of the petition requesting the hearing.
    (3) Paragraph (2) shall not apply to routine intra-agency 
adjustments of pay that are attributable to clerical or 
administrative errors or delays in processing pay documents 
that have occurred within the four pay periods preceding the 
adjustment and to any adjustment that amounts to $50 or less, 
if at the time of such adjustment, or as soon thereafter as 
practical, the individual is provided written notice of the 
nature and the amount of the adjustment and a point of contact 
for contesting such adjustment.
    (4) The collection of any amount under this section shall 
be in accordance with the standards promulgated pursuant to 
sections 3711 and 3716-3718 of title 31 or in accordance with 
any other statutory authority for the collection of claims of 
the United States or any agency thereof.
    (5) For purposes of this subsection--
            (A) ``disposable pay'' means that part of pay of 
        any individual remaining after the deduction from those 
        earnings of any amounts required by law to be withheld; 
        and
                    (B) \1\ ``agency'' includes executive 
                departments and agencies, the United States 
                Postal Service, the Postal Rate Commission, the 
                United States Senate, the United States House 
                of Representatives, and any court, court 
                administrative office, or instrumentality in 
                the judicial or legislative branches of the 
                Government, and government corporations.
---------------------------------------------------------------------------
    \1\ Margin so in law. Probably should be moved 2 ems to the left.
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    (b)(1) The head of each agency shall prescribe regulations, 
subject to the approval of the President, to carry out this 
section and section 3530(d) of title 31. Regulations prescribed 
by the Secretaries of the military departments shall be uniform 
for the military services insofar as practicable.
    (2) For purposes of section 7117(a) of this title, no 
regulation prescribed to carry out subsection (a)(2) of this 
section shall be considered to be a Government-wide rule or 
regulation.
    (c) Subsection (a) of this section does not modify existing 
statutes which provide for forfeiture of pay or allowances. 
This section and section 3530(d) of title 31 do not repeal, 
modify, or amend section 4837(d) or 9837(d) of title 10 or 
section 1007(b), (c) of title 37.
    (d) A levy pursuant to the Internal Revenue Code of 1986 
shall take precedence over other deductions under this section.

Sec. 5515. Crediting amounts received for jury or witness service

    An amount received by an employee as defined by section 
2105 of this title (except an individual whose pay is disbursed 
by the Secretary of the Senate or the Chief Administrative 
Officer of the House of Representatives) or an individual 
employed by the government of the District of Columbia for 
service as a juror or witness during a period for which he is 
entitled to leave under section 6322(a) of this title, or is 
performing official duty under section 6322(b) of this title, 
shall be credited against pay payable to him by the United 
States or the District of Columbia with respect to that period.

Sec. 5516. Withholding District of Columbia income taxes

    (a) The Secretary of the Treasury, under regulations 
prescribed by the President, shall enter into an agreement with 
the Mayor of the District of Columbia within 120 days of a 
request for agreement from the Mayor. The agreement shall 
provide that the head of each agency of the United States shall 
comply with the requirements of subchapter II of chapter 15 of 
title 47, District of Columbia Code, in the case of employees 
of the agency who are subject to income taxes imposed by that 
subchapter and whose regular place of employment is within the 
District of Columbia. The agreement may not apply to pay of an 
employee who is not a resident of the District of Columbia as 
defined in subchapter II of chapter 15 of title 47, District of 
Columbia Code. In the case of pay for service as a member of 
the armed forces, the second sentence of this subsection shall 
be applied by substituting ``who are residents of the District 
of Columbia'' for ``whose regular place of employment is within 
the District of Columbia''. For the purpose of this subsection, 
``employee'' has the meaning given it by section 1551c(z) of 
title 47, District of Columbia Code.
    (b) This section does not give the consent of the United 
States to the application of a statute which imposes more 
burdensome requirements on the United States than on other 
employers, or which subjects the United States or its employees 
to a penalty or liability because of this section.

Sec. 5517. Withholding State income taxes

    (a) When a State statute--
            (1) provides for the collection of a tax either by 
        imposing on employers generally the duty of withholding 
        sums from the pay of employees and making returns of 
        the sums to the State, or by granting to employers 
        generally the authority to withhold sums from the pay 
        of employees if any employee voluntarily elects to have 
        such sums withheld; and
            (2) imposes the duty or grants the authority to 
        withhold generally with respect to the pay of employees 
        who are residents of the State;
the Secretary of the Treasury, under regulations prescribed by 
the President, shall enter into an agreement with the State 
within 120 days of a request for agreement from the proper 
State official. The agreement shall provide that the head of 
each agency of the United States shall comply with the 
requirements of the State withholding statute in the case of 
employees of the agency who are subject to the tax and whose 
regular place of Federal employment is within the State with 
which the agreement is made. In the case of pay for service as 
a member of the armed forces, the preceding sentence shall be 
applied by substituting ``who are residents of the State with 
which the agreement is made'' for ``whose regular place of 
Federal employment is within the State with which the agreement 
is made''.
    (b) This section does not give the consent of the United 
States to the application of a statute which imposes more 
burdensome requirements on the United States than on other 
employers, or which subjects the United States or its employees 
to a penalty or liability because of this section. An agency of 
the United States may not accept pay from a State for services 
performed in withholding State income taxes from the pay of the 
employees of the agency.
    (c) For the purpose of this section, ``State'' means a 
State, territory, possession, or commonwealth of the United 
States.
    (d) For the purpose of this section and sections 5516 and 
5520, the terms ``serve as a member of the armed forces'' and 
``service as a member of the Armed Forces'' include--
            (1) participation in exercises or the performance 
        of duty under section 502 of title 32, United States 
        Code, by a member of the National Guard; and
            (2) participation in scheduled drills or training 
        periods, or service on active duty for training, under 
        section 10147 of title 10, United States Code, by a 
        member of the Ready Reserve.

Sec. 5518. Deductions for State retirement systems; National Guard 
                    employees

    When--
            (1) a State statute provides for the payment of 
        employee contributions to a State employee retirement 
        system or to a State sponsored plan providing 
        retirement, disability, or death benefits, by 
        withholding sums from the pay of State employees and 
        making returns of the sums withheld to State 
        authorities or to the person or organization designated 
        by State authorities to receive sums withheld for the 
        program; and
            (2) individuals employed by the Army National Guard 
        and the Air National Guard, except employees of the 
        National Guard Bureau, are eligible for membership in a 
        State employee retirement system or other State 
        sponsored plan;
the Secretary of Defense, under regulations prescribed by the 
President, shall enter into an agreement with the State within 
120 days of a request for agreement from the proper State 
official. The agreement shall provide that the Department of 
Defense shall comply with the requirements of State statute as 
to the individuals named by paragraph (2) of this section who 
are eligible for membership in the State employee retirement 
system. The disbursing officials paying these individuals shall 
withhold and pay to the State employee retirement system or to 
the person or organization designated by State authorities to 
receive sums withheld for the program the employee 
contributions for these individuals. For the purpose of this 
section, ``State'' means a State or territory or possession of 
the United States including the Commonwealth of Puerto Rico.

Sec. 5519. Crediting amounts received for certain Reserve or National 
                    Guard service

    An amount (other than a travel, transportation, or per diem 
allowance) received by an employee or individual for military 
service as a member of the Reserve or National Guard for a 
period for which he is granted military leave under section 
6323(b) or (c) shall be credited against the pay payable to the 
employee or individual with respect to his civilian position 
for that period.

Sec. 5520. Withholding of city or county income or employment taxes

    (a) When a city or county ordinance--
            (1) provides for the collection of a tax by 
        imposing on employers generally the duty of withholding 
        sums from the pay of employees and making returns of 
        the sums to a designated city or county officer, 
        department, or instrumentality; and
            (2) imposes the duty to withhold generally on the 
        payment of compensation earned within the jurisdiction 
        of the city or county in the case of employees whose 
        regular place of employment is within such 
        jurisdiction;
the Secretary of the Treasury, under regulations prescribed by 
the President, shall enter into an agreement with the city or 
county within 120 days of a request for agreement by the proper 
city or county official. The agreement shall provide that the 
head of each agency of the United States shall comply with the 
requirements of the city or county ordinance in the case of any 
employee of the agency who is subject to the tax and (i) whose 
regular place of Federal employment is within the jurisdiction 
of the city or county with which the agreement is made or (ii) 
is a resident of such city or county. The agreement may not 
apply to pay for service as a member of the Armed Forces (other 
than service described in section 5517(d) of this title). The 
agreement may not permit withholding of a city or county tax 
from the pay of an employee who is not a resident of, or whose 
regular place of Federal employment is not within, the State in 
which that city or county is located unless the employee 
consents to the withholding.
    (b) This section does not give the consent of the United 
States to the application of an ordinance which imposes more 
burdensome requirements on the United States than on other 
employers or which subjects the United States or its employees 
to a penalty or liability because of this section. An agency of 
the United States may not accept pay from a city or county for 
services performed in withholding city or county income or 
employment taxes from the pay of employees of the agency.
    (c) For the purpose of this section--
            (1) ``city'' means any unit of general local 
        government which--
                    (A) is classified as a municipality by the 
                Bureau of the Census, or
                    (B) is a town or township which, in the 
                determination of the Secretary of the 
                Treasury--
                            (i) possesses powers and performs 
                        functions comparable to those 
                        associated with municipalities,
                            (ii) is closely settled, and
                            (iii) contains within its 
                        boundaries no incorporated places, as 
                        defined by the Bureau of the Census,
        within the political boundaries of which 500 or more 
        persons are regularly employed by all agencies of the 
        Federal Government;
            (2) ``county'' means any unit of local general 
        government which is classified as a county by the 
        Bureau of the Census and within the political 
        boundaries of which 500 or more persons are regularly 
        employed by all agencies of the Federal Government;
            (3) ``ordinance'' means an ordinance, order, 
        resolution, or similar instrument which is duly adopted 
        and approved by a city or county in accordance with the 
        constitution and statutes of the State in which it is 
        located and which has the force of law within such city 
        or county; and
            (4) ``agency'' means--
                    (A) an Executive agency;
                    (B) the judicial branch; and
                    (C) the United States Postal Service.

Sec. 5520a. Garnishment of pay

    (a) For purposes of this section--
            (1) ``agency'' means each agency of the Federal 
        Government, including--
                    (A) an executive agency, except for the 
                General Accounting Office;
                    (B) the United States Postal Service and 
                the Postal Rate Commission;
                    (C) any agency of the judicial branch of 
                the Government; and
                    (D) any agency of the legislative branch of 
                the Government, including the General 
                Accounting Office, each office of a Member of 
                Congress, a committee of the Congress, or other 
                office of the Congress;
            (2) ``employee'' means an employee of an agency 
        (including a Member of Congress as defined under 
        section 2106);
            (3) ``legal process'' means any writ, order, 
        summons, or other similar process in the nature of 
        garnishment, that--
                    (A) is issued by a court of competent 
                jurisdiction within any State, territory, or 
                possession of the United States, or an 
                authorized official pursuant to an order of 
                such a court or pursuant to State or local law; 
                and
                    (B) orders the employing agency of such 
                employee to withhold an amount from the pay of 
                such employee, and make a payment of such 
                withholding to another person, for a 
                specifically described satisfaction of a legal 
                debt of the employee, or recovery of attorney's 
                fees, interest, or court costs; and
            (4) ``pay'' means--
                    (A) basic pay, premium pay paid under 
                subchapter V, any payment received under 
                subchapter VI, VII, or VIII, severance and back 
                pay paid under subchapter IX, sick pay, 
                incentive pay, and any other compensation paid 
                or payable for personal services, whether such 
                compensation is denominated as wages, salary, 
                commission, bonus pay or otherwise; and
                    (B) does not include awards for making 
                suggestions.
    (b) Subject to the provisions of this section and the 
provisions of section 303 of the Consumer Credit Protection Act 
(15 U.S.C. 1673) pay from an agency to an employee is subject 
to legal process in the same manner and to the same extent as 
if the agency were a private person.
    (c)(1) Service of legal process to which an agency is 
subject under this section may be accomplished by certified or 
registered mail, return receipt requested, or by personal 
service, upon--
            (A) the appropriate agent designated for receipt of 
        such service of process pursuant to the regulations 
        issued under this section; or
            (B) the head of such agency, if no agent has been 
        so designated.
    (2) Such legal process shall be accompanied by sufficient 
information to permit prompt identification of the employee and 
the payments involved.
    (d) Whenever any person, who is designated by law or 
regulation to accept service of process to which an agency is 
subject under this section, is effectively served with any such 
process or with interrogatories, such person shall respond 
thereto within thirty days (or within such longer period as may 
be prescribed by applicable State law) after the date effective 
service thereof is made, and shall, as soon as possible but not 
later than fifteen days after the date effective service is 
made, send written notice that such process has been so served 
(together with a copy thereof) to the affected employee at his 
or her duty station or last-known home address.
    (e) No employee whose duties include responding to 
interrogatories pursuant to requirements imposed by this 
section shall be subject to any disciplinary action or civil or 
criminal liability or penalty for, or on account of, any 
disclosure of information made by such employee in connection 
with the carrying out of any of such employee's duties which 
pertain directly or indirectly to the answering of any such 
interrogatory.
    (f) Agencies affected by legal process under this section 
shall not be required to vary their normal pay and disbursement 
cycles in order to comply with any such legal process.
    (g) Neither the United States, an agency, nor any 
disbursing officer shall be liable with respect to any payment 
made from payments due or payable to an employee pursuant to 
legal process regular on its face, provided such payment is 
made in accordance with this section and the regulations issued 
to carry out this section. In determining the amount of any 
payment due from, or payable by, an agency to an employee, 
there shall be excluded those amounts which would be excluded 
under section 462(g) of the Social Security Act (42 U.S.C. 
662(g)).
    (h)(1) Subject to the provisions of paragraph (2), if an 
agency is served under this section with more than one legal 
process with respect to the same payments due or payable to an 
employee, then such payments shall be available, subject to 
section 303 of the Consumer Credit Protection Act (15 U.S.C. 
1673), to satisfy such processes in priority based on the time 
of service, with any such process being satisfied out of such 
amounts as remain after satisfaction of all such processes 
which have been previously served.
    (2) A legal process to which an agency is subject under 
section 459 of the Social Security Act (42 U.S.C. 659) for the 
enforcement of the employee's legal obligation to provide child 
support or make alimony payments, shall have priority over any 
legal process to which an agency is subject under this section.
    (i) The provisions of this section shall not modify or 
supersede the provisions of section 459 of the Social Security 
Act (42 U.S.C. 659) concerning legal process brought for the 
enforcement of an individual's legal obligations to provide 
child support or make alimony payments.
    (j)(1) Regulations implementing the provisions of this 
section shall be promulgated--
            (A) by the President or his designee for each 
        executive agency, except with regard to employees of 
        the United States Postal Service, the President or, at 
        his discretion, the Postmaster General shall promulgate 
        such regulations;
            (B) jointly by the President pro tempore of the 
        Senate and the Speaker of the House of Representatives, 
        or their designee, for the legislative branch of the 
        Government; and
            (C) by the Chief Justice of the United States or 
        his designee for the judicial branch of the Government.
    (2) Such regulations shall provide that an agency's 
administrative costs in executing a garnishment action may be 
added to the garnishment, and that the agency may retain costs 
recovered as offsetting collections.
    (k)(1) No later than 180 days after the date of the 
enactment of this Act, the Secretaries of the Executive 
departments concerned shall promulgate regulations to carry out 
the purposes of this section with regard to members of the 
uniformed services.
    (2) Such regulations shall include provisions for--
            (A) the involuntary allotment of the pay of a 
        member of the uniformed services for indebtedness owed 
        a third party as determined by the final judgment of a 
        court of competent jurisdiction, and as further 
        determined by competent military or executive 
        authority, as appropriate, to be in compliance with the 
        procedural requirements of the Soldiers' and Sailors' 
        Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.); 
        and
            (B) consideration for the absence of a member of 
        the uniformed service from an appearance in a judicial 
        proceeding resulting from the exigencies of military 
        duty.
    (3) The Secretaries of the Executive departments concerned 
shall promulgate regulations under this subsection that are, as 
far as practicable, uniform for all of the uniformed services. 
The Secretary of Defense shall consult with the Secretary of 
Transportation with regard to the promulgation of such 
regulations that might affect members of the Coast Guard when 
the Coast Guard is operating as a service in the Navy.


     SUBCHAPTER III--ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

Sec. 5521. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) the judicial branch;
                    (C) the Library of Congress;
                    (D) the Government Printing Office; and
                    (E) the government of the District of 
                Columbia;
            (2) ``employee'' means an individual employed in or 
        under an agency;
            (3) ``head of each agency'' means--
                    (A) the Director of the Administrative 
                Office of the United States Courts with respect 
                to the judicial branch; and
                    (B) the Mayor of the District of Columbia 
                with respect to the government of the District 
                of Columbia; and
            (4) ``United States'', when used in a geographical 
        sense, means the several States and the District of 
        Columbia.

Sec. 5522. Advance payments; rates; amounts recoverable

    (a) The head of each agency may provide for the advance 
payment of the pay, allowances, and differentials, or any of 
them, covering a period of not more than 30 days, to or for the 
account of each employee of the agency (or, under emergency 
circumstances and on a reimbursable basis, an employee of 
another agency) whose departure (or that of his dependents or 
immediate family, as the case may be) from a place inside or 
outside the United States is officially authorized or ordered--
            (1) from a place outside the United States from 
        which the Secretary of State determines it is in the 
        national interest to require the departure of some or 
        all employees, their dependents, or both; or
            (2) from any place where there is imminent danger 
        to the life of the employee or the lives of the 
        dependents or immediate family of the employee.
    (b) Subject to adjustment of the account of an employee 
under section 5524 of this title and other applicable statute, 
the advance payment of pay, allowances, and differentials is at 
rates currently authorized with respect to the employee on the 
date the advance payment is made under agency procedures 
governing advance payments under this subsection. The rates so 
authorized may not exceed the rates to which the employee was 
entitled immediately before issuance of the departure order.
    (c) An advance of funds under subsection (a) of this 
section is recoverable by the Government of the United States 
or the government of the District of Columbia, as the case may 
be, from the employee or his estate by--
            (1) setoff against accrued pay, amount of 
        retirement credit, or other amount due to the employee 
        from the Government of the United States or the 
        government of the District of Columbia; and
            (2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part 
a right of recovery of an advance of funds under subsection (a) 
of this section, if it is shown that the recovery would be 
against equity and good conscience or against the public 
interest.

Sec. 5523. Duration of payments; rates; active service period

    (a) The head of each agency may provide for--
            (1) the payment of monetary amounts covering a 
        period of not more than 60 days to or for the account 
        of each employee of the agency (or, under emergency 
        circumstances and on a reimbursable basis, an employee 
        of another agency) whose departure (or that of the 
        employee's dependents or immediate family, as the case 
        may be) is authorized or ordered under section 5522(a); 
        and
            (2) the termination of payment of the monetary 
        amounts.
The President, with respect to the Executive agencies, may 
extend the 60-day period for not more than 120 additional days 
if he determines that the extension of the period is in the 
interest of the United States.
    (b) Subject to adjustment of the account of an employee 
under section 5524 of this title and other applicable statute, 
each payment under this section is at rates of pay, allowances, 
and differentials, or any of them, currently authorized with 
respect to the employee on the date payment is made under 
agency procedures governing payments under this section. The 
rates so authorized may not exceed the rates to which the 
employee was entitled immediately before issuance of the 
departure order. An employee in an Executive agency may be 
granted such additional allowance payments as the President 
determines necessary to offset the direct added expenses 
incident to the departure.
    (c) Each period for which payment of amounts is made under 
this section to or for the account of an employee is deemed, 
for all purposes with respect to the employee, a period of 
active service, without break in service, performed by the 
employee in the employment of the Government of the United 
States or the government of the District of Columbia.

Sec. 5524. Review of accounts

    The head of each agency shall provide for--
            (1) the review of the account of each employee of 
        the agency in receipt of payments under section 5522 or 
        5523 of this title, or both, as the case may be; and
            (2) the adjustment of the amounts of the payments 
        on the basis of--
                    (A) the rates of pay, allowances, and 
                differentials to which the employee would have 
                been entitled under applicable statute other 
                than this subchapter for the respective periods 
                covered by the payments, if he had performed 
                active service under the terms of his 
                appointment during each period in the position 
                he held immediately before the issuance of the 
                applicable evacuation order; and
                    (B) such additional amounts as the employee 
                is authorized to receive in accordance with a 
                determination of the President under section 
                5523(b) of this title.

Sec. 5524a. Advance payments for new appointees

    (a) The head of each agency may provide for the advance 
payment of basic pay, covering not more than 2 pay periods, to 
any individual who is newly appointed to a position in the 
agency.
    (b)(1) Subject to adjustment of the account of an employee 
under paragraph (2) and other applicable statutes, the advance 
payment of basic pay shall be made, under agency procedures 
governing advance payments under this section, at the initial 
rate of basic pay to be payable to the employee upon the 
commencement of service in the position to which appointed.
    (2) The head of each agency shall provide for--
            (A) the review of the account of each employee of 
        the agency in receipt of any payment under this 
        section; and
            (B) the adjustment of the amount of any such 
        payment on the basis of the rate of basic pay to which 
        the employee would have been entitled under applicable 
        statute other than this section for the respective 
        periods covered by the payments, if the employee had 
        performed active service under the terms of such 
        employee's appointment during each period in the 
        position to which appointed.
    (c) An advance payment under this section is recoverable by 
the Government of the United States or the government of the 
District of Columbia, as the case may be, from the employees or 
such employee's estate by--
            (1) setoff against accrued pay, amount of 
        retirement credit, or other amount due to the employee 
        from the Government of the United States or the 
        government of the District of Columbia; and
            (2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part 
a right of recovery of an advance payment under this section if 
it is shown that the recovery would be against equity and good 
conscience or against the public interest.

Sec. 5525. Allotment and assignment of pay

    The head of each agency may establish procedures under 
which each employee of the agency is permitted to make 
allotments and assignments of amounts out of his pay for such 
purpose as the head of the agency considers appropriate.

Sec. 5526. Funds available on reimbursable basis

    Funds available to an agency for payment of pay, 
allowances, and differentials to or for the accounts of 
employees of the agency are available on a reimbursable basis 
for payment of pay, allowances, and differentials to or for the 
accounts of employees of another agency under this subchapter.

Sec. 5527. Regulations

    (a) To the extent practicable in the public interest, the 
President shall coordinate the policies and procedures of the 
respective Executive agencies under this subchapter.
    (b) The President, with respect to the Executive agencies, 
the head of the agency concerned, with respect to the 
appropriate agency outside the executive branch, and the 
District of Columbia Council, with respect to the government of 
the District of Columbia, shall prescribe and issue, or provide 
for the formulation and issuance of, regulations necessary and 
appropriate to carry out the provisions, accomplish the 
purposes, and govern the administration of this subchapter.
    (c) The head of each Executive agency may prescribe and 
issue regulations, not inconsistent with the regulations of the 
President issued under subsection (b) of this section, 
necessary and appropriate to carry out his functions under this 
subchapter.


              SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT

Sec. 5531. Definitions

    For the purpose of section 5533 of this title--
            (1) ``member'' has the meaning given such term by 
        section 101(23) of title 37;
            (2) ``position'' means a civilian office or 
        position (including a temporary, part-time, or 
        intermittent position), appointive or elective, in the 
        legislative, executive, or judicial branch of the 
        Government of the United States (including a Government 
        corporation and a nonappropriated fund instrumentality 
        under the jurisdiction of the armed forces) or in the 
        government of the District of Columbia;
            (3) ``retired or retainer pay'' means retired pay, 
        as defined in section 8311(3) of this title, determined 
        without regard to subparagraphs (B) through (D) of such 
        section 8311(3); except that such term does not include 
        an annuity payable to an eligible beneficiary of a 
        member or former member of a uniformed service under 
        chapter 73 of title 10;
            (4) ``agency in the legislative branch'' means the 
        General Accounting Office, the Government Printing 
        Office, the Library of Congress, the Office of 
        Technology Assessment, the Office of the Architect of 
        the Capitol, the United States Botanic Garden, and the 
        Congressional Budget Office;
            (5) ``employee of the House of Representatives'' 
        means a congressional employee whose pay is disbursed 
        by the Chief Administrative Officer of the House of 
        Representatives;
            (6) ``employee of the Senate'' means a 
        congressional employee whose pay is disbursed by the 
        Secretary of the Senate; and
            (7) ``congressional employee'' has the meaning 
        given that term by section 2107 of this title, 
        excluding an employee of an agency in the legislative 
        branch.

[Sec. 5532. Repealed P.L. 106-65, Sec. 651(a), Oct. 5, 1999, 113 Stat. 
                    664.]

Sec. 5533. Dual pay from more than one position; limitations; 
                    exceptions

    (a) Except as provided by subsections (b), (c), and (d) of 
this section, an individual is not entitled to receive basic 
pay from more than one position for more than an aggregate of 
40 hours of work in one calendar week (Sunday through 
Saturday).
    (b) Except as otherwise provided by subsection (c) of this 
section, the Office of Personnel Management, subject to the 
supervision and control of the President, may prescribe 
regulations under which exceptions may be made to the 
restrictions in subsection (a) of this section when appropriate 
authority determines that the exceptions are warranted because 
personal services otherwise cannot be readily obtained.
    (c)(1) Unless otherwise authorized by law and except as 
otherwise provided by paragraph (2) or (4) of this subsection, 
appropriated funds are not available for payment to an 
individual of pay from more than one position if the pay of one 
of the positions is paid by the Secretary of the Senate or the 
Chief Administrative Officer of the House of Representatives, 
or one of the positions is under the Office of the Architect of 
the Capitol, and if the aggregate gross pay from the positions 
exceeds $7,724 a year ($10,540, in the case of pay disbursed by 
the Secretary of the Senate).
    (2) Notwithstanding paragraph (1) of this subsection, 
appropriated funds are not available for payment to an 
individual of pay from more than one position, for each of 
which the pay is disbursed by the Chief Administrative Officer 
of the House of Representatives, if the aggregate gross pay 
from those positions exceeds the maximum per annum gross rate 
of pay authorized to be paid to an employee out of the clerk 
hire allowance of a Member of the House.
    (3) For the purposes of this subsection, ``gross pay'' 
means the annual rate of pay (or equivalent thereof in the case 
of an individual paid on other than an annual basis) received 
by an individual.
    (4) Paragraph (1) of this subsection does not apply to pay 
on a when-actually-employed basis received from more than one 
consultant or expert position if the pay is not received for 
the same day.
    (d) Subsection (a) of this section does not apply to--
            (1) pay on a when-actually-employed basis received 
        from more than one consultant or expert position if the 
        pay is not received for the same hours of the same day;
            (2) pay consisting of fees paid on other than a 
        time basis;
            (3) pay received by a teacher of the public schools 
        of the District of Columbia for employment in a 
        position during the summer vacation period;
            (4) pay paid by the Tennessee Valley Authority to 
        an employee performing part-time or intermittent work 
        in addition to his normal duties when the Authority 
        considers it to be in the interest of efficiency and 
        economy;
            (5) pay received by an individual holding a 
        position--
                    (A) the pay of which is paid by the 
                Secretary of the Senate or the Chief 
                Administrative Officer of the House of 
                Representatives; or
                    (B) under the Architect of the Capitol;
            (6) pay paid by the United States Coast Guard to an 
        employee occupying a part-time position of lamplighter; 
        and
            (7) pay within the purview of any of the following 
        statutes:
                    (A) section 162 of title 2;
                    (B) section 23(b) of title 13;
                    (C) section 327 of title 15;
                    (D) section 907 of title 20;
                    (E) section 873 of title 33; or
                    (F) section 631 or 631a of title 31, 
                District of Columbia Code.
                    [(G) Repealed. Pub. L. 96-70, title III, 
                Sec. 3302(e)(8), Sept. 27, 1979, 93 Stat. 498.]
    (e)(1) This section does not apply to an individual 
employed under sections 174j-1 to 174j-7 or 174k of title 40.
    (2) Subsection (c) of this section does not apply to pay 
received by a teacher of the public schools of the District of 
Columbia for employment in a position during the summer 
vacation period.

Sec. 5534. Dual employment and pay of Reserves and National Guardsmen

    A Reserve of the armed forces or member of the National 
Guard may accept a civilian office or position under the 
Government of the United States or the government of the 
District of Columbia, and he is entitled to receive the pay of 
that office or position in addition to pay and allowances as a 
Reserve or member of the National Guard.

Sec. 5534a. Dual employment and pay during terminal leave from 
                    uniformed services

    A member of a uniformed service who has performed active 
service and who is on terminal leave pending separation from, 
or release from active duty in, that service under honorable 
conditions may accept a civilian office or position in the 
Government of the United States, its territories or 
possessions, or the government of the District of Columbia, and 
he is entitled to receive the pay of that office or position in 
addition to pay and allowances from the uniformed service for 
the unexpired portion of the terminal leave.

Sec. 5535. Extra pay for details prohibited

    (a) An officer may not receive pay in addition to the pay 
for his regular office for performing the duties of a vacant 
office as authorized by sections 3345-3347 of this title.
    (b) An employee may not receive--
            (1) additional pay or allowances for performing the 
        duties of another employee; or
            (2) pay in addition to the regular pay received for 
        employment held before his appointment or designation 
        as acting for or instead of an occupant of another 
        position or employment.
This subsection does not prevent a regular and permanent 
appointment by promotion from a lower to a higher grade of 
employment.

Sec. 5536. Extra pay for extra services prohibited

    An employee or a member of a uniformed service whose pay or 
allowance is fixed by statute or regulation may not receive 
additional pay or allowance for the disbursement of public 
money or for any other service or duty, unless specifically 
authorized by law and the appropriation therefor specifically 
states that it is for the additional pay or allowance.

Sec. 5537. Fees for jury and witness service

    (a) An employee as defined by section 2105 of this title 
(except an individual whose pay is disbursed by the Secretary 
of the Senate or the Chief Administrative Officer of the House 
of Representatives) or an individual employed by the government 
of the District of Columbia may not receive fees for service--
            (1) as a juror in a court of the United States or 
        the District of Columbia; or
            (2) as a witness on behalf of the United States or 
        the District of Columbia.
    (b) An official of a court of the United States or the 
District of Columbia may not receive witness fees for 
attendance before a court, commissioner, or magistrate where he 
is officiating.
    (c) For the purpose of this section, ``court of the United 
States'' has the meaning given it by section 451 of title 28 
and includes the District Court of Guam and the District Court 
of the Virgin Islands.


                       SUBCHAPTER V--PREMIUM PAY

Sec. 5541. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) a military department;
                    (C) an agency in the judicial branch;
                    (D) the Library of Congress;
                    (E) the Botanic Garden;
                    (F) the Office of the Architect of the 
                Capitol; and
                    (G) the government of the District of 
                Columbia;
            (2) ``employee'' means--
                    (A) an employee in or under an Executive 
                agency;
                    (B) an individual employed by the 
                government of the District of Columbia; and
                    (C) an employee in or under the judicial 
                branch, the Library of Congress, the Botanic 
                Garden, and the Office of the Architect of the 
                Capitol, who occupies a position subject to 
                chapter 51 and subchapter III of chapter 53 of 
                this title;
            but does not include--
                    (i) a justice or judge of the United 
                States;
                    (ii) the head of an agency other than the 
                government of the District of Columbia;
                    (iii) a teacher, school official, or 
                employee of the Board of Education of the 
                District of Columbia, whose pay is fixed under 
                chapter 15 of title 31, District of Columbia 
                Code;
                    (iv) a member of--
                            (I) the Metropolitan Police or the 
                        Fire Department of the District of 
                        Columbia; or
                            (II) a member of the United States 
                        Secret Service Uniformed Division, a 
                        member of the United States Park 
                        Police, other than for purposes of 
                        section 5545(a) and 5546;
                    (v) a student-employee as defined by 
                section 5351 of this title;
                    [(vi) Repealed. Pub. L. 91-375, 
                Sec. 6(c)(16), Aug. 12, 1970, 84 Stat. 776;]
                    (vii) an employee outside the continental 
                United States or in Alaska who is paid in 
                accordance with local native prevailing wage 
                rates for the area in which employed;
                    (viii) an employee of the Tennessee Valley 
                Authority;
                    (ix) an individual to whom section 1291(a) 
                of title 50, appendix, applies;
                    (x) an employee of a Federal land bank, a 
                Federal intermediate credit bank, or a bank for 
                cooperatives;
                    (xi) an employee whose pay is fixed and 
                adjusted from time to time in accordance with 
                prevailing rates under subchapter IV of chapter 
                53 of this title, or by a wage board or similar 
                administrative authority serving the same 
                purpose, except as provided by section 5544 of 
                this title;
                    (xii) an employee of the Transportation 
                Corps of the Army on a vessel operated by the 
                United States, a vessel employee of the 
                Environmental Science Services Administration, 
                or a vessel employee of the Department of the 
                Interior;
                    (xiii) a ``teacher'' or an individual 
                holding a ``teaching position'' as defined by 
                section 901 of title 20;
                    (xiv) a Foreign Service officer;
                    (xv) a member of the Senior Foreign 
                Service;
                    (xvi) member of the Senior Executive 
                Service; or
                    (xvii) a member of the Federal Bureau of 
                Investigation and Drug Enforcement 
                Administration Senior Executive Service; and
            (3) ``law enforcement officer'' means an employee 
        who--
                    (A) is a law enforcement officer within the 
                meaning of section 8331(20) or 8401(17);
                    (B) in the case of an employee who holds a 
                supervisory or administrative position and is 
                subject to subchapter III of chapter 83, but 
                who does not qualify to be considered a law 
                enforcement officer within the meaning of 
                section 8331(20), would so qualify if such 
                employee had transferred directly to such 
                position after serving as a law enforcement 
                officer within the meaning of such section;
                    (C) in the case of an employee who holds a 
                supervisory or administrative position and is 
                subject to chapter 84, but who does not qualify 
                to be considered a law enforcement officer 
                within the meaning of section 8401(17), would 
                so qualify if such employee had transferred 
                directly to such position after performing 
                duties described in section 8401(17) (A) and 
                (B) for at least 3 years; and
                    (D) in the case of an employee who is not 
                subject to subchapter III of chapter 83 or 
                chapter 84--
                            (i) holds a position that the 
                        Office of Personnel Management 
                        determines would satisfy subparagraph 
                        (A), (B), or (C) if the employee were 
                        subject to subchapter III of chapter 83 
                        or chapter 84; or
                            (ii) is a special agent in the 
                        Diplomatic Security Service.

Sec. 5542. Overtime rates; computation

    (a) For full-time, part-time and intermittent tours of 
duty, hours of work officially ordered or approved in excess of 
40 hours in an administrative workweek, or (with the exception 
of an employee engaged in professional or technical engineering 
or scientific activities for whom the first 40 hours of duty in 
an administrative workweek is the basic workweek and an 
employee whose basic pay exceeds the minimum rate for GS-10 
(including any applicable locality-based comparability payment 
under section 5304 or similar provision of law and any 
applicable special rate of pay under section 5305 or similar 
provision of law) for whom the first 40 hours of duty in an 
administrative workweek is the basic workweek) in excess of 8 
hours in a day, performed by an employee are overtime work and 
shall be paid for, except as otherwise provided by this 
subchapter, at the following rates:
            (1) For an employee whose basic pay is at a rate 
        which does not exceed the minimum rate of basic pay for 
        GS-10 (including any applicable locality-based 
        comparability payment under section 5304 or similar 
        provision of law and any applicable special rate of pay 
        under section 5305 or similar provision of law), the 
        overtime hourly rate of pay is an amount equal to one 
        and one-half times the hourly rate of basic pay of the 
        employee, and all that amount is premium pay.
            (2) For an employee whose basic pay is at a rate 
        which exceeds the minimum rate of basic pay for GS-10 
        (including any applicable locality-based comparability 
        payment under section 5304 or similar provision of law 
        and any applicable special rate of pay under section 
        5305 or similar provision of law), the overtime hourly 
        rate of pay is an amount equal to one and one-half 
        times the hourly rate of the minimum rate of basic pay 
        for GS-10 (including any applicable locality-based 
        comparability payment under section 5304 or similar 
        provision of law and any applicable special rate of pay 
        under section 5305 or similar provision of law), and 
        all that amount is premium pay.
            (3) Notwithstanding paragraphs (1) and (2) of this 
        subsection for an employee of the Department of 
        Transportation who occupies a nonmanagerial position in 
        GS-14 or under and, as determined by the Secretary of 
        Transportation,
                    (A) the duties of which are critical to the 
                immediate daily operation of the air traffic 
                control system, directly affect aviation 
                safety, and involve physical or mental strain 
                or hardship;
                    (B) in which overtime work is therefore 
                unusually taxing; and
                    (C) in which operating requirements cannot 
                be met without substantial overtime work;
        the overtime hourly rate of pay is an amount equal to 
        one and one-half times the hourly rate of basic pay of 
        the employee, and all that amount is premium pay.
            (4) Notwithstanding paragraph (2) of this 
        subsection, for an employee who is a law enforcement 
        officer, and whose basic pay is at a rate which exceeds 
        the minimum rate of basic pay for GS-10 (including any 
        applicable locality-based comparability payment under 
        section 5304 or similar provision of law and any 
        applicable special rate of pay under section 5305 or 
        similar provision of law), the overtime hourly rate of 
        pay is an amount equal to the greater of--
                    (A) one and one-half times the minimum 
                hourly rate of basic pay for GS-10 (including 
                any applicable locality-based comparability 
                payment under section 5304 or similar provision 
                of law and any applicable special rate of pay 
                under section 5305 or similar provision of 
                law); or
                    (B) the hourly rate of basic pay of the 
                employee,
        and all that amount is premium pay.
            (5) Notwithstanding paragraphs (1) and (2), for an 
        employee of the Department of the Interior or the 
        United States Forest Service in the Department of 
        Agriculture engaged in emergency wildland fire 
        suppression activities, the overtime hourly rate of pay 
        is an amount equal to one and one-half times the hourly 
        rate of basic pay of the employee, and all that amount 
        is premium pay.
    (b) For the purpose of this subchapter--
            (1) unscheduled overtime work performed by an 
        employee on a day when work was not scheduled for him, 
        or for which he is required to return to his place of 
        employment, is deemed at least 2 hours in duration; and
            (2) time spent in a travel status away from the 
        official-duty station of an employee is not hours of 
        employment unless--
                    (A) the time spent is within the days and 
                hours of the regularly scheduled administrative 
                workweek of the employee, including regularly 
                scheduled overtime hours; or
                    (B) the travel (i) involves the performance 
                of work while traveling, (ii) is incident to 
                travel that involves the performance of work 
                while traveling, (iii) is carried out under 
                arduous conditions, or (iv) results from an 
                event which could not be scheduled or 
                controlled administratively, including travel 
                by an employee to such an event and the return 
                of such employee from such event to his or her 
                official-duty station.
    (c) Subsection (a) shall not apply to an employee who is 
subject to the overtime pay provisions of section 7 of the Fair 
Labor Standards Act of 1938. In the case of an employee who 
would, were it not for the preceding sentence, be subject to 
this section, the Office of Personnel Management shall by 
regulation prescribe what hours shall be deemed to be hours of 
work and what hours of work shall be deemed to be overtime 
hours for the purpose of such section 7 so as to ensure that no 
employee receives less pay by reason of the preceding sentence.
    (d) In applying subsection (a) of this section with respect 
to any criminal investigator who is paid availability pay under 
section 5545a--
            (1) such investigator shall be compensated under 
        such subsection (a), at the rates there provided, for 
        overtime work which is scheduled in advance of the 
        administrative workweek--
                    (A) in excess of 10 hours on a day during 
                such investigator's basic 40 hour workweek; or
                    (B) on a day outside such investigator's 
                basic 40 hour workweek; and
            (2) such investigator shall be compensated for all 
        other overtime work under section 5545a.
    (e) Notwithstanding subsection (d)(1) of this section, all 
hours of overtime work scheduled in advance of the 
administrative workweek shall be compensated under subsection 
(a) if that work involves duties as authorized by section 
3056(a) of title 18 or section 37(a)(3) of the State Department 
Basic Authorities Act of 1956, and if the investigator 
performs, on that same day, at least 2 hours of overtime work 
not scheduled in advance of the administrative workweek.
    (f) In applying subsection (a) of this section with respect 
to a firefighter who is subject to section 5545b--
            (1) such subsection shall be deemed to apply to 
        hours of work officially ordered or approved in excess 
        of 106 hours in a biweekly pay period, or, if the 
        agency establishes a weekly basis for overtime pay 
        computation, in excess of 53 hours in an administrative 
        workweek; and
            (2) the overtime hourly rate of pay is an amount 
        equal to one and one-half times the hourly rate of 
        basic pay under section 5545b (b)(1)(A) or (c)(1)(B), 
        as applicable, and such overtime hourly rate of pay may 
        not be less than such hourly rate of basic pay in 
        applying the limitation on the overtime rate provided 
        in paragraph (2) of such subsection (a).

Sec. 5543. Compensatory time off

    (a) The head of an agency may--
            (1) on request of an employee, grant the employee 
        compensatory time off from his scheduled tour of duty 
        instead of payment under section 5542 or section 7 of 
        the Fair Labor Standards Act of 1938 for an equal 
        amount of time spent in irregular or occasional 
        overtime work; and
            (2) provide that an employee whose rate of basic 
        pay is in excess of the maximum rate of basic pay for 
        GS-10 (including any applicable locality-based 
        comparability payment under section 5304 or similar 
        provision of law and any applicable special rate of pay 
        under section 5305 or similar provision of law) shall 
        be granted compensatory time off from his scheduled 
        tour of duty equal to the amount of time spent in 
        irregular or occasional overtime work instead of being 
        paid for that work under section 5542 of this title.
    (b) The head of an agency may, on request of an employee, 
grant the employee compensatory time off from the employee's 
scheduled tour of duty instead of payment under section 5544 or 
section 7 of the Fair Labor Standards Act of 1938 for an equal 
amount of time spent in irregular or occasional overtime work. 
An agency head may not require an employee to be compensated 
for overtime work with an equivalent amount of compensatory 
time-off from the employee's tour of duty.
    (c) The Architect of the Capitol may grant an employee paid 
on an annual basis compensatory time off from duty instead of 
overtime pay for overtime work.

Sec. 5544. Wage-board overtime and Sunday rates; computation

    (a) An employee whose pay is fixed and adjusted from time 
to time in accordance with prevailing rates under section 5343 
or 5349 of this title, or by a wage board or similar 
administrative authority serving the same purpose, is entitled 
to overtime pay for overtime work in excess of 8 hours a day or 
40 hours a week. However, an employee subject to this 
subsection who regularly is required to remain at or within the 
confines of his post of duty in excess of 8 hours a day in a 
standby or on-call status is entitled to overtime pay only for 
hours of duty, exclusive of eating and sleeping time, in excess 
of 40 a week. The overtime hourly rate of pay is computed as 
follows:
            (1) If the basic rate of pay of the employee is 
        fixed on a basis other than an annual or monthly basis, 
        multiply the basic hourly rate of pay by not less than 
        one and one-half.
            (2) If the basic rate of pay of the employee is 
        fixed on an annual basis, divide the basic annual rate 
        of pay by 2,087, and multiply the quotient by one and 
        one-half.
            (3) If the basic rate of pay of the employee is 
        fixed on a monthly basis, multiply the basic monthly 
        rate of pay by 12 to derive a basic annual rate of pay, 
        divide the basic annual rate of pay by 2,087, and 
        multiply the quotient by one and one-half.
An employee subject to this subsection whose regular work 
schedule includes an 8-hour period of service a part of which 
is on Sunday is entitled to additional pay at the rate of 25 
percent of his hourly rate of basic pay for each hour of work 
performed during that 8-hour period of service. For employees 
serving outside the United States in areas where Sunday is a 
routine workday and another day of the week is officially 
recognized as the day of rest and worship, the Secretary of 
State may designate the officially recognized day of rest and 
worship as the day with respect to which the preceding sentence 
shall apply instead of Sunday. Time spent in a travel status 
away from the official duty station of an employee subject to 
this subsection is not hours of work unless the travel (i) 
involves the performance of work while traveling, (ii) is 
incident to travel that involves the performance of work while 
traveling, (iii) is carried out under arduous conditions, or 
(iv) results from an event which could not be scheduled or 
controlled administratively. The first and third sentences of 
this subsection shall not be applicable to an employee who is 
subject to the overtime pay provisions of section 7 of the Fair 
Labor Standards Act of 1938. In the case of an employee who 
would, were it not for the preceding sentence, be subject to 
the first and third sentences of this subsection, the Office of 
Personnel Management shall by regulation prescribe what hours 
shall be deemed to be hours of work and what hours of work 
shall be deemed to be overtime hours for the purpose of such 
section 7 so as to ensure that no employee receives less pay by 
reason of the preceding sentence.
    (b) An employee under the Office of the Architect of the 
Capitol who is paid on a daily or hourly basis and who is not 
subject to chapter 51 and subchapter III of chapter 53 of this 
title is entitled to overtime pay for overtime work in 
accordance with subsection (a) of this section. The overtime 
hourly rate of pay is computed in accordance with subsection 
(a)(1) of this section.
    (c) The provisions of this section, including the last two 
sentences of subsection (a) and the provisions of section 
5543(b), shall apply to a prevailing rate employee described in 
section 5342(a)(2)(B).

Sec. 5545. Night, standby, irregular, and hazardous duty differential

    (a) Except as provided by subsection (b) of this section, 
nightwork is regularly scheduled work between the hours of 6:00 
p.m. and 6:00 a.m., and includes--
            (1) periods of absence with pay during these hours 
        due to holidays; and
            (2) periods of leave with pay during these hours if 
        the periods of leave with pay during a pay period total 
        less than 8 hours.
Except as otherwise provided by subsection (c) of this section, 
an employee is entitled to pay for nightwork at his rate of 
basic pay plus premium pay amounting to 10 percent of that 
basic rate. This subsection and subsection (b) of this section 
do not modify section 5141 of title 31, or other statute 
authorizing additional pay for nightwork.
    (b) The head of an agency may designate a time after 6:00 
p.m. and a time before 6:00 a.m. as the beginning and end, 
respectively, of nightwork for the purpose of subsection (a) of 
this section, at a post outside the United States where the 
customary hours of business extend into the hours of nightwork 
provided by subsection (a) of this section.
    (c) The head of an agency, with the approval of the Office 
of Personnel Management, may provide that--
            (1) an employee in a position requiring him 
        regularly to remain at, or within the confines of, his 
        station during longer than ordinary periods of duty, a 
        substantial part of which consists of remaining in a 
        standby status rather than performing work, shall 
        receive premium pay for this duty on an annual basis 
        instead of premium pay provided by other provisions of 
        this subchapter, except for irregular, unscheduled 
        overtime duty in excess of his regularly scheduled 
        weekly tour. Premium pay under this paragraph is 
        determined as an appropriate percentage, not in excess 
        of 25 percent, of such part of the rate of basic pay 
        for the position as does not exceed the minimum rate of 
        basic pay for GS-10 (including any applicable locality-
        based comparability payment under section 5304 or 
        similar provision of law and any applicable special 
        rate of pay under section 5305 or similar provision of 
        law) (or, for a position described in section 
        5542(a)(3) of this title, of the basic pay of the 
        position), by taking into consideration the number of 
        hours of actual work required in the position, the 
        number of hours required in a standby status at or 
        within the confines of the station, the extent to which 
        the duties of the position are made more onerous by 
        night, Sunday, or holiday work, or by being extended 
        over periods of more than 40 hours a week, and other 
        relevant factors; or
            (2) an employee in a position in which the hours of 
        duty cannot be controlled administratively, and which 
        requires substantial amounts of irregular, unscheduled, 
        overtime duty with the employee generally being 
        responsible for recognizing, without supervision, 
        circumstances which require the employee to remain on 
        duty, shall receive premium pay for this duty on an 
        annual basis instead of premium pay provided by other 
        provisions of this subchapter, except for regularly 
        scheduled overtime, night, and Sunday duty, and for 
        holiday duty. Premium pay under this paragraph is an 
        appropriate percentage, not less than 10 percent nor 
        more than 25 percent, of the rate of basic pay for the 
        position as determined by taking into consideration the 
        frequency and duration of irregular, unscheduled 
        overtime duty required in the position.
    (d) The Office shall establish a schedule or schedules of 
pay differentials for duty involving unusual physical hardship 
or hazard. Under such regulations as the Office may prescribe, 
and for such minimum periods as it determines appropriate, an 
employee to whom chapter 51 and subchapter III of chapter 53 of 
this title applies is entitled to be paid the appropriate 
differential for any period in which he is subjected to 
physical hardship or hazard not usually involved in carrying 
out the duties of his position. However, the pay differential--
            (1) does not apply to an employee in a position the 
        classification of which takes into account the degree 
        of physical hardship or hazard involved in the 
        performance of the duties thereof, except in such 
        circumstances as the Office may by regulation 
        prescribe; and
            (2) may not exceed an amount equal to 25 percent of 
        the rate of basic pay applicable to the employee.

Sec. 5545a. Availability pay for criminal investigators

    (a) For purposes of this section--
            (1) the term ``available'' refers to the 
        availability of a criminal investigator and means that 
        an investigator shall be considered generally and 
        reasonably accessible by the agency employing such 
        investigator to perform unscheduled duty based on the 
        needs of an agency;
            (2) the term ``criminal investigator'' means a law 
        enforcement officer as defined under section 5541(3) 
        (other than an officer occupying a position under title 
        II of Public Law 99-399, subject to subsection (k)) who 
        is required to--
                    (A) possess a knowledge of investigative 
                techniques, laws of evidence, rules of criminal 
                procedure, and precedent court decisions 
                concerning admissibility of evidence, 
                constitutional rights, search and seizure, and 
                related issues;
                    (B) recognize, develop, and present 
                evidence that reconstructs events, sequences 
                and time elements for presentation in various 
                legal hearings and court proceedings;
                    (C) demonstrate skills in applying 
                surveillance techniques, undercover work, and 
                advising and assisting the United States 
                Attorney in and out of court;
                    (D) demonstrate the ability to apply the 
                full range of knowledge, skills, and abilities 
                necessary for cases which are complex and 
                unfold over a long period of time (as 
                distinguished from certain other occupations 
                that require the use of some investigative 
                techniques in short-term situations that may 
                end in arrest or detention);
                    (E) possess knowledge of criminal laws and 
                Federal rules of procedure which apply to cases 
                involving crimes against the United States, 
                including--
                            (i) knowledge of the elements of a 
                        crime;
                            (ii) evidence required to prove the 
                        crime;
                            (iii) decisions involving arrest 
                        authority;
                            (iv) methods of criminal 
                        operations; and
                            (v) availability of detection 
                        devices; and
                    (F) possess the ability to follow leads 
                that indicate a crime will be committed rather 
                than initiate an investigation after a crime is 
                committed;
            (3) the term ``unscheduled duty'' means hours of 
        duty a criminal investigator works, or is determined to 
        be available for work, that are not--
                    (A) part of the 40 hours in the basic work 
                week of the investigator; or
                    (B) overtime hours paid under section 5542; 
                and
            (4) the term ``regular work day'' means each day in 
        the investigator's basic work week during which the 
        investigator works at least 4 hours that are not 
        overtime hours paid under section 5542 or hours 
        considered part of section 5545a.
    (b) The purpose of this section is to provide premium pay 
to criminal investigators to ensure the availability of 
criminal investigators for unscheduled duty in excess of a 40 
hour work week based on the needs of the employing agency.
    (c) Each criminal investigator shall be paid availability 
pay as provided under this section. Availability pay shall be 
paid to ensure the availability of the investigator for 
unscheduled duty. The investigator is generally responsible for 
recognizing, without supervision, circumstances which require 
the investigator to be on duty or be available for unscheduled 
duty based on the needs of the agency. Availability pay 
provided to a criminal investigator for such unscheduled duty 
shall be paid instead of premium pay provided by other 
provisions of this subchapter, except premium pay for regularly 
scheduled overtime work as provided under section 5542, night 
duty, Sunday duty, and holiday duty.
    (d)(1) A criminal investigator shall be paid availability 
pay, if the average of hours described under paragraph (2) (A) 
and (B) is equal to or greater than 2 hours.
    (2) The hours referred to under paragraph (1) are--
            (A) the annual average of unscheduled duty hours 
        worked by the investigator in excess of each regular 
        work day; and
            (B) the annual average of unscheduled duty hours 
        such investigator is available to work on each regular 
        work day upon request of the employing agency.
    (3) Unscheduled duty hours which are worked by an 
investigator on days that are not regular work days shall be 
considered in the calculation of the annual average of 
unscheduled duty hours worked or available for purposes of 
certification.
    (4) An investigator shall be considered to be available 
when the investigator cannot reasonably and generally be 
accessible due to a status or assignment which is the result of 
an agency direction, order, or approval as provided under 
subsection (f)(1).
    (e)(1) Each criminal investigator receiving availability 
pay under this section and the appropriate supervisory officer, 
to be designated by the head of the agency, shall make an 
annual certification to the head of the agency that the 
investigator has met, and is expected to meet, the requirements 
of subsection (d). The head of a law enforcement agency may 
prescribe regulations necessary to administer this subsection.
    (2) Involuntary reduction in pay resulting from a denial of 
certification under paragraph (1) shall be a reduction in pay 
for purposes of section 7512(4) of this title.
    (f)(1) A criminal investigator who is eligible for 
availability pay shall receive such pay during any period such 
investigator is--
            (A) attending agency sanctioned training;
            (B) on agency approved sick leave or annual leave;
            (C) on agency ordered travel status; or
            (D) on excused absence with pay for relocation 
        purposes.
    (2) Notwithstanding paragraph (1)(A), agencies or 
departments may provide availability pay to investigators 
during training which is considered initial, basic training 
usually provided in the first year of service.
    (3) Agencies or departments may provide availability pay to 
investigators when on excused absence with pay, except as 
provided in paragraph (1)(D).
    (g) Section 5545(c) shall not apply to any criminal 
investigator who is paid availability pay under this section.
    (h) Availability pay under this section shall be--
            (1) 25 percent of the rate of basic pay for the 
        position; and
            (2) treated as part of the basic pay for purposes 
        of--
                    (A) sections 5595(c), 8114(e), 8331(3), and 
                8704(c); and
                    (B) such other purposes as may be expressly 
                provided for by law or as the Office of 
                Personnel Management may by regulation 
                prescribe.
    (i) The provisions of subsections (a)-(h) providing for 
availability pay shall apply to a pilot employed by the United 
States Customs Service who is a law enforcement officer as 
defined under section 5541(3). For the purpose of this section, 
section 5542(d) of this title, and section 13(a)(16) and 
(b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)(16) and (b)(30)), such pilot shall be deemed to be a 
criminal investigator as defined in this section. The Office of 
Personnel Management may prescribe regulations to carry out 
this subsection.
    (j) Notwithstanding any other provision of this section, 
any Office of Inspector General which employs fewer than 5 
criminal investigators may elect not to cover such criminal 
investigators under this section.
    (k)(1) For purposes of this section, the term ``criminal 
investigator'' includes a special agent occupying a position 
under title II of Public Law 99-399 if such special agent--
            (A) meets the definition of such term under 
        paragraph (2) of subsection (a) (applied disregarding 
        the parenthetical matter before subparagraph (A) 
        thereof); and
            (B) such special agent satisfies the requirements 
        of subsection (d) without taking into account any hours 
        described in paragraph (2)(B) thereof.
    (2) In applying subsection (h) with respect to a special 
agent under this subsection--
            (A) any reference in such subsection to ``basic 
        pay'' shall be considered to include amounts designated 
        as ``salary'';
            (B) paragraph (2)(A) of such subsection shall be 
        considered to include (in addition to the provisions of 
        law specified therein) sections 609(b)(1), 805, 806, 
        and 856 of the Foreign Service Act of 1980; and
            (C) paragraph (2)(B) of such subsection shall be 
        applied by substituting for ``Office of Personnel 
        Management'' the following: ``Office of Personnel 
        Management or the Secretary of State (to the extent 
        that matters exclusively within the jurisdiction of the 
        Secretary are concerned)''.

Sec. 5545b. Pay for firefighters

    (a) This section applies to an employee whose position is 
classified in the firefighter occupation in conformance with 
the GS-081 standard published by the Office of Personnel 
Management, and whose normal work schedule, as in effect 
throughout the year, consists of regular tours of duty which 
average at least 106 hours per biweekly pay period.
    (b)(1) If the regular tour of duty of a firefighter subject 
to this section generally consists of 24-hour shifts, rather 
than a basic 40-hour workweek (as determined under regulations 
prescribed by the Office of Personnel Management), section 
5504(b) shall be applied as follows in computing pay--
            (A) paragraph (1) of such section shall be deemed 
        to require that the annual rate be divided by 2756 to 
        derive the hourly rate; and
            (B) the computation of such firefighter's daily, 
        weekly, or biweekly rate shall be based on the hourly 
        rate under subparagraph (A); \1\
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    \1\ So in law. The semicolon probably should be a period.
---------------------------------------------------------------------------
    (2) For the purpose of sections 5595(c), 5941, 8331(3), and 
8704(c), and for such other purposes as may be expressly 
provided for by law or as the Office of Personnel Management 
may by regulation prescribe, the basic pay of a firefighter 
subject to this subsection shall include an amount equal to the 
firefighter's basic hourly rate (as computed under paragraph 
(1)(A)) for all hours in such firefighter's regular tour of 
duty (including overtime hours).
    (c)(1) If the regular tour of duty of a firefighter subject 
to this section includes a basic 40-hour workweek (as 
determined under regulations prescribed by the Office of 
Personnel Management), section 5504(b) shall be applied as 
follows in computing pay--
            (A) the provisions of such section shall apply to 
        the hours within the basic 40-hour workweek;
            (B) for hours outside the basic 40-hour workweek, 
        such section shall be deemed to require that the hourly 
        rate be derived by dividing the annual rate by 2756; 
        and
            (C) the computation of such firefighter's daily, 
        weekly, or biweekly rate shall be based on 
        subparagraphs (A) and (B), as each applies to the hours 
        involved.
    (2) For purposes of sections 5595(c), 5941, 8331(3), and 
8704(c), and for such other purposes as may be expressly 
provided for by law or as the Office of Personnel Management 
may by regulation prescribe, the basic pay of a firefighter 
subject to this subsection shall include--
            (A) an amount computed under paragraph (1)(A) for 
        the hours within the basic 40-hour workweek; and
            (B) an amount equal to the firefighter's basic 
        hourly rate (as computed under paragraph (1)(B)) for 
        all hours outside the basic 40-hour workweek that are 
        within such firefighter's regular tour of duty 
        (including overtime hours).
    (d)(1) A firefighter who is subject to this section shall 
receive overtime pay in accordance with section 5542, but shall 
not receive premium pay provided by other provisions of this 
subchapter.
    (2) For the purpose of applying section 7(k) of the Fair 
Labor Standards Act of 1938 to a firefighter who is subject to 
this section, no violation referred to in such section 7(k) 
shall be deemed to have occurred if the requirements of section 
5542(a) are met, applying section 5542(a) as provided in 
subsection (f) of that section: Provided, That the overtime 
hourly rate of pay for such firefighter shall in all cases be 
an amount equal to one and one-half times the firefighter's 
hourly rate of basic pay under subsection (b)(1)(A) or 
(c)(1)(B) of this section, as applicable.
    (3) The Office of Personnel Management may prescribe 
regulations, with respect to firefighters subject to this 
section, that would permit an agency to reduce or eliminate the 
variation in the amount of firefighters' biweekly pay caused by 
work scheduling cycles that result in varying hours in the 
regular tours of duty from pay period to pay period. Under such 
regulations, the pay that a firefighter would otherwise receive 
for regular tours of duty over the work scheduling cycle shall, 
to the extent practicable, remain unaffected.
            (4) \1\ Notwithstanding section 8114(e)(1), 
        overtime pay for a firefighter subject to this section 
        for hours in a regular tour of duty shall be included 
        in any computation of pay under section 8114.
---------------------------------------------------------------------------
    \1\ Margin so in law.
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Sec. 5546. Pay for Sunday and holiday work

    (a) An employee who performs work during a regularly 
scheduled 8-hour period of service which is not overtime work 
as defined by section 5542(a) of this title a part of which is 
performed on Sunday is entitled to pay for the entire period of 
service at the rate of his basic pay, plus premium pay at a 
rate equal to 25 percent of his rate of basic pay. For 
employees serving outside the United States in areas where 
Sunday is a routine workday and another day of the week is 
officially recognized as the day of rest and worship, the 
Secretary of State may designate the officially recognized day 
of rest and worship as the day with respect to which the 
preceding sentence shall apply instead of Sunday.
    (b) An employee who performs work on a holiday designated 
by Federal Statute, Executive order, or with respect to an 
employee of the government of the District of Columbia, by 
order of the District of Columbia Council, is entitled to pay 
at the rate of his basic pay, plus premium pay at a rate equal 
to the rate of his basic pay, for that holiday work which is 
not--
            (1) in excess of 8 hours; or
            (2) overtime work as defined by section 5542(a) of 
        this title.
    (c) An employee who is required to perform any work on a 
designated holiday is entitled to pay for at least 2 hours of 
holiday work.
    (d) An employee who performs overtime work as defined by 
section 5542(a) of this title on a Sunday or a designated 
holiday is entitled to pay for that overtime work in accordance 
with section 5542(a) of this title.
    (e) Premium pay under this section is in addition to 
premium pay which may be due for the same work under section 
5545(a) and (b) of this title, providing premium pay for 
nightwork.

Sec. 5546a. Differential pay for certain employees of the Federal 
                    Aviation Administration and the Department of 
                    Defense

    (a) The Administrator of the Federal Aviation 
Administration (hereafter in this section referred to as the 
``Administrator'') and the Secretary of Defense (hereinafter 
referred to in this section as the ``Secretary'') may pay 
premium pay at the rate of 5 per centum of the applicable rate 
of basic pay to--
            (1) any employee of the Federal Aviation 
        Administration or the Department of Defense who is--
                    (A) occupying a position in the air traffic 
                controller series classified not lower than GS-
                9 and located in an air traffic control center 
                or terminal or in a flight service station;
                    (B) assigned to a position classified not 
                lower than GS-09 or WG-10 located in an airway 
                facilities sector; or
                    (C) assigned to a flight inspection crew-
                member position classified not lower than GS-11 
                located in a flight inspection field office,
        the duties of whose position are determined by the 
        Administrator or the Secretary to be directly involved 
        in or responsible for the operation and maintenance of 
        the air traffic control system; and
            (2) any employee of the Federal Aviation 
        Administration or the Department of Defense who is 
        assigned to a flight test pilot position classified not 
        lower than GS-12 located in a region or center, the 
        duties of whose position are determined by the 
        Administrator or the Secretary to be unusually taxing, 
        physically or mentally, and to be critical to the 
        advancement of aviation safety; and
            (3) any employee of the Federal Aviation 
        Administration who occupies a position at the Federal 
        Aviation Administration Academy, Oklahoma City, 
        Oklahoma, the duties of which are determined by the 
        Administrator to require the individual to be actively 
        engaged in or directly responsible for training 
        employees to perform the duties of a position described 
        in subparagraph (a); (b); or (c) or paragraph (1) of 
        this subsection, and who, immediately prior to assuming 
        such position at such Academy, occupied a position 
        referred to in subparagraph (a), (b), or (c) of 
        paragraph (1) of this subsection.
    (b) The premium pay payable under any subsection of this 
section is in addition to basic pay and to premium pay payable 
under any other subsection of this section and any other 
provision of this subchapter.
    (c)(1) The Administrator or the Secretary may pay premium 
pay to any employee of the Federal Aviation Administration or 
the Department of Defense who--
            (A) is an air traffic controller located in an air 
        traffic control center or terminal;
            (B) is not required as a condition of employment to 
        be certified by the Administrator or the Secretary as 
        proficient and medically qualified to perform duties 
        including the separation and control of air traffic; 
        and
            (C) is so certified.
    (2) Premium pay paid under paragraph (1) of this subsection 
shall be paid at the rate of 1.6 per centum of the applicable 
rate of basic pay for so long as such employee is so certified.
    (d)(1) The Administrator or the Secretary may pay premium 
pay to any air traffic controller of the Federal Aviation 
Administration or the Department of Defense who is assigned by 
the Administrator or the Secretary to provide on-the-job 
training to another air traffic controller while such other air 
traffic controller is directly involved in the separation and 
control of live air traffic.
    (2) Premium pay paid under paragraph (1) of this subsection 
shall be paid at the rate of 10 per centum of the applicable 
hourly rate of basic pay times the number of hours and portion 
of an hour during which the air traffic controller of the 
Federal Aviation Administration or the Department of Defense 
provides on-the-job training.
    (e)(1) The Administrator or the Secretary may pay premium 
pay to any air traffic controller or flight service station 
specialist of the Federal Aviation Administration or the 
Department of Defense who, while working a regularly scheduled 
eight-hour period of service, is required by his supervisor to 
work during the fourth through sixth hour of such period 
without a break of thirty minutes for a meal.
    (2) Premium pay paid under paragraph (1) of this subsection 
shall be paid at the rate of 50 per centum of one-half of the 
applicable hourly rate of basic pay.
    (f)(1) The Administrator or the Secretary shall prescribe 
standards for determining which air traffic controllers and 
other employees of the Federal Aviation Administration or the 
Department of Defense are to be paid premium pay under this 
section.
    (2) The Administrator may prescribe such rules as he 
determines are necessary to carry out the provisions of this 
section.

Sec. 5547. Limitation on premium pay

    (a) An employee may be paid premium pay under sections 
5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) of 
this title only to the extent that the payment does not cause 
his aggregate rate of pay for any pay period to exceed the 
maximum rate for GS-15 (including any applicable locality-based 
comparability payment under section 5304 or similar provision 
of law and any applicable special rate of pay under section 
5305 or similar provision of law). The first sentence of this 
subsection shall not apply to any employee of the Federal 
Aviation Administration or the Department of Defense who is 
paid premium pay under section 5546a of this title.
    (b)(1) Subject to regulations prescribed by the Office of 
Personnel Management, the first sentence of subsection (a) 
shall not apply to an employee who is paid premium pay by 
reason of work in connection with an emergency which involves a 
direct threat to life or property, including a forest wildfire 
emergency.
    (2) Notwithstanding paragraph (1), no employee referred to 
in such paragraph may be paid premium pay under the provisions 
of law cited in the first sentence of subsection (a) if, or to 
the extent that, the aggregate of such employee's basic pay and 
premium pay under those provisions would, in any calendar year, 
exceed the maximum rate payable for GS-15 in effect at the end 
of such calendar year.
    (c)(1) Subsections (a) and (b) shall not apply to a law 
enforcement officer.
    (2) A law enforcement officer may be paid premium pay under 
the provisions of law cited in the first sentence of subsection 
(a) only to the extent that the payment does not cause the 
officer's aggregate rate of pay for any pay period to exceed 
the lesser of--
            (A) 150 percent of the minimum rate payable for GS-
        15 (including any applicable locality-based 
        comparability payment under section 5304 or similar 
        provision of law and any applicable special rate of pay 
        under section 5305 or similar provision of law); or
            (B) the rate payable for level V of the Executive 
        Schedule;

Sec. 5548. Regulations

    (a) The Office of Personnel Management may prescribe 
regulations, subject to the approval of the President, 
necessary for the administration of this subchapter, except 
section 5545(d) insofar as this subchapter affects employees in 
or under an Executive agency.
    (b) The Office shall prescribe regulations necessary for 
the administration of section 5545(d).

Sec. 5549. Effect on other statutes

    This subchapter does not prevent payment for overtime 
services or for Sunday or holiday work under any of the 
following statutes--
            (1) section 394 of title 7;
            (2) sections 1353a and 1353b of title 8;
            (3) sections 261, 267, 1450, 1451, 1451a, and 1452 
        of title 19;
            (4) sections 2111 and 2112 of title 46; and
            (5) section 154(f)(3) of title 47.
However, an employee may not receive premium pay under this 
subchapter for the same services for which he is paid under one 
of these statutes.

[Sec. 5550. Repealed. Pub. L. 102-378, Sec. 2(44)(A), Oct. 2, 1992, 106 
                    Stat. 1352.]

Sec. 5550a. Compensatory time off for religious observances

    (a) Not later than 30 days after the date of the enactment 
of this section, the Office of Personnel Management shall 
prescribe regulations providing for work schedules under which 
an employee whose personal religious beliefs require the 
abstention from work during certain periods of time, may elect 
to engage in overtime work for time lost for meeting those 
religious requirements. Any employee who so elects such 
overtime work shall be granted equal compensatory time off from 
his scheduled tour of duty (in lieu of overtime pay) for such 
religious reasons, notwithstanding any other provision of law.
    (b) In the case of any agency described in subparagraphs 
(C) through (G) of section 5541(1) of this title, the head of 
such agency (in lieu of the Office) shall prescribe the 
regulations referred to in subsection (a) of this section.
    (c) Regulations under this section may provide for such 
exceptions as may be necessary to efficiently carry out the 
mission of the agency or agencies involved.


        SUBCHAPTER VI--PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

Sec. 5551. Lump-sum payment for accumulated and accrued leave on 
                    separation

    (a) An employee as defined by section 2105 of this title or 
an individual employed by the government of the District of 
Columbia, who is separated from the service, is transferred to 
a position described under section 6301(2)(B)(xiii) of this 
title, or elects to receive a lump-sum payment for leave under 
section 5552 of this title, is entitled to receive a lump-sum 
payment for accumulated and current accrued annual or vacation 
leave to which he is entitled by statute. The lump-sum payment 
shall equal the pay (excluding any differential under section 
5925 and any allowance under section 5928) the employee or 
individual would have received had he remained in the service 
until expiration of the period of the annual or vacation leave. 
The lump-sum payment is considered pay for taxation purposes 
only. The period of leave used for calculating the lump-sum 
payment shall not be extended due to any holiday occurring 
after separation. For the purposes of this subsection, movement 
to employment described in section 2105(c) shall not be deemed 
separation from the service in the case of an employee whose 
annual leave is transferred under section 6308(b).
    (b) The accumulated and current accrued annual leave to 
which an officer excepted from subchapter I of chapter 63 of 
this title by section 6301(2)(x)-(xiii) of this title, is 
entitled immediately before the date he is excepted under that 
section shall be liquidated by a lump-sum payment in accordance 
with subsection (a) of this section or subchapter VIII of this 
chapter, except that the payment is based on the rate of pay 
which he was receiving, immediately before the date on which 
section 6301(2)(x)-(xiii) of this title became applicable to 
him.
    (c)(1) Annual leave that is restored to an employee of the 
Department of Defense under section 6304(d) of this title by 
reason of the operation of paragraph (3) of such section and 
remains unused upon the transfer of the employee to a position 
described in paragraph (2) shall be liquidated by payment of a 
lump-sum for such leave to the employee upon the transfer.
    (2) A position referred to in paragraph (1) is a position 
in a department or agency of the Federal Government outside the 
Department of Defense or a Department of Defense position that 
is not located at a Department of Defense installation being 
closed or realigned as described in section 6304(d)(3) of this 
title.

Sec. 5552. Lump-sum payment for accumulated and accrued leave on 
                    entering active duty; election

    An employee as defined by section 2105 of this title or an 
individual employed by a territory or possession of the United 
States or the government of the District of Columbia who enters 
on active duty in the armed forces is entitled to--
            (1) receive, in addition to his pay and allowances 
        from the armed forces, a lump-sum payment for 
        accumulated and current accrued annual or vacation 
        leave in accordance with section 5551 of this title; or
            (2) elect to have the leave remain to his credit 
        until his return from active duty.

Sec. 5553. Regulations

    The Office of Personnel Management may prescribe 
regulations necessary for the administration of this 
subchapter.


             SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES

Sec. 5561. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means an Executive agency and a 
        military department;
            (2) ``employee'' means an employee in or under an 
        agency who is a citizen or national of the United 
        States or an alien admitted to the United States for 
        permanent residence, but does not include a part-time 
        or intermittent employee or native labor casually hired 
        on an hourly or daily basis. However, such an employee 
        who enters a status listed in paragraph (5)(A)-(E) of 
        this section--
                    (A) inside the continental United States; 
                or
                    (B) who is a resident at or in the vicinity 
                of his place of employment in a territory or 
                possession of the United States or in a foreign 
                country and who was not living there solely as 
                a result of his employment;
        is an employee for the purpose of this subchapter only 
        on a determination by the head of the agency concerned 
        that this status is the proximate result of employment 
        by the agency;
            (3) ``dependent'' means--
                    (A) a wife;
                    (B) an unmarried child (including an 
                unmarried dependent stepchild or adopted child) 
                under 21 years of age;
                    (C) a dependent mother or father;
                    (D) a dependent designated in official 
                records; and
                    (E) an individual determined to be 
                dependent by the head of the agency concerned 
                or his designee;
            (4) ``active service'' means active Federal service 
        by an employee;
            (5) ``missing status'' means the status of an 
        employee who is in active service and is officially 
        carried or determined to be absent in a status of--
                    (A) missing;
                    (B) missing in action;
                    (C) interned in a foreign country;
                    (D) captured, beleaguered, or besieged by a 
                hostile force; or
                    (E) detained in a foreign country against 
                his will;
        but does not include the status of an employee for a 
        period during which he is officially determined to be 
        absent from his post of duty without authority; and
            (6) ``pay and allowances'' means--
                    (A) basic pay;
                    (B) special pay;
                    (C) incentive pay;
                    (D) basic allowance for housing;
                    (E) basic allowance for subsistence; and
                    (F) station per diem allowances for not 
                more than 90 days.

Sec. 5562. Pay and allowances; continuance while in a missing status; 
                    limitations

    (a) An employee in a missing status is entitled to receive 
or have credited to his account, for the period he is in that 
status, the same pay and allowances to which he was entitled at 
the beginning of that period or may become entitled thereafter. 
Notwithstanding any other provision of law, an employee in a 
missing status on or after January 1, 1965, is entitled--
            (1) to payment for annual leave which accrued to 
        his account on or after January 1, 1965, but which was 
        forfeited under section 6304 of this title because he 
        was unable to use that leave by virtue of his missing 
        status; or
            (2) to have all of that leave restored to him and 
        credited to a separate leave account in accordance with 
        the provisions of section 6304(d)(2) of this title.
An employee shall elect in writing, within 90 days immediately 
following December 14, 1973, or within 90 days immediately 
following the termination of his missing status, whichever is 
later, whether he desires payment for the leave under clause 
(1) of this subsection or credit of the leave under clause (2) 
of this subsection. Payment under clause (1) of this subsection 
shall be at the employee's rate of basic pay in effect at the 
time the leave was forfeited.
    (b) Entitlement to pay and allowances under subsection (a) 
of this section ends on the date of--
            (1) receipt by the head of the agency concerned of 
        evidence that the employee is dead; or
            (2) death prescribed or determined under section 
        5565 of this title.
That entitlement does not end--
            (A) on the expiration of the term of service or 
        employment of an employee while he is in a missing 
        status; or
            (B) earlier than the dates prescribed in paragraphs 
        (1) and (2) of this subsection if the employee dies 
        while he is in a missing status.
    (c) An employee who is officially determined to be absent 
from his post of duty without authority is indebted to the 
United States for payments of amounts credited to his account 
under subsection (a) of this section for the period of that 
absence.
    (d) When an employee in a missing status is continued in 
that status under section 5565 of this title, he continues to 
be entitled to have pay and allowances credited under 
subsection (a) of this section.

Sec. 5563. Allotments; continuance, suspension, initiation, resumption, 
                    or increase while in a missing status; limitations

    (a) An allotment (including one for the purchase of United 
States savings bonds) made by an employee before he was in a 
missing status may be continued for the period he is in that 
status, notwithstanding the end of the period for which the 
allotment was made.
    (b) In the absence of an allotment or when an allotment is 
insufficient for a purpose authorized by the head of the agency 
concerned, he or his designee may authorize such a new or 
increased allotment as circumstances warrant, which is payable 
for the period the employee concerned is in a missing status.
    (c) All allotments from the pay and allowances of an 
employee in a missing status may not total more than the amount 
of pay and allowances he is permitted to allot under 
regulations prescribed by the head of the agency concerned.
    (d) A premium paid by the United States on insurance issued 
on the life of an employee, which is unearned because it covers 
a period after his death, reverts to the appropriation of the 
agency concerned.
    (e) Subject to subsections (f) and (g) of this section, the 
head of the agency concerned or his designee may direct the 
initiation, continuance, discontinuance, increase, decrease, 
suspension, or resumption of an allotment from the pay and 
allowances of an employee in a missing status when that action 
is in the interests of the employee, his dependents, or the 
United States.
    (f) When the head of the agency concerned officially 
reports that an employee in a missing status is alive, an 
allotment under subsections (a)-(d) of this section may be 
paid, subject to section 5562 of this title, until the date the 
head of the agency concerned receives evidence that the 
employee is dead or has returned to the controllable 
jurisdiction of the agency concerned.
    (g) When an employee in a missing status is continued in 
that status under section 5565 of this title, an allotment 
under subsections (a)-(d) of this section may be continued, 
increased, or initiated.
    (h) When the head of the agency concerned considers it 
essential for the well-being and protection of the dependents 
of an employee in active service (other than an employee in a 
missing status), he may, with or without the consent of the 
employee and subject to termination on specific request of the 
employee--
            (1) direct the payment of a new allotment from the 
        pay of the employee;
            (2) increase or decrease the amount of an allotment 
        made by the employee; and
            (3) continue payment of an allotment of the 
        employee which has expired.

Sec. 5564. Travel and transportation; dependents; household and 
                    personal effects; motor vehicles; sale of bulky 
                    items; claims for proceeds; appropriation 
                    chargeable

    (a) For the purpose of this section, ``household and 
personal effects'' and ``household effects'' may include, in 
addition to other authorized weight allowances, one privately 
owned motor vehicle which may be shipped at United States 
expense.
    (b) Transportation (including packing, crating, draying, 
temporarily storing, and unpacking of household and personal 
effects) may be provided for the dependents and household and 
personal effects of an employee in active service (without 
regard to pay grade) who is officially reported as dead, 
injured, or absent for more than 29 days in a status listed in 
section 5561(5) (A)-(E) of this title to--
            (1) the official residence of record for the 
        employee;
            (2) the residence of his dependent, next of kin, or 
        other person entitled to the effects under regulations 
        prescribed by the head of the agency concerned; or
            (3) another location determined in advance or later 
        approved by the head of the agency concerned or his 
        designee on request of the employee (if injured) or his 
        dependent, next of kin, or other person described in 
        paragraph (2) of this subsection.
    (c) When an employee described in subsection (b) of this 
section is in an injured status, transportation of dependents 
and household and personal effects may be provided under this 
section only when prolonged hospitalization or treatment is 
anticipated.
    (d) Transportation on request of a dependent may be 
authorized under this section only when there is a reasonable 
relationship between the circumstances of the dependent and the 
destination requested.
    (e) Instead of providing transportation for dependents 
under this section, when the travel has been completed the head 
of the agency concerned may authorize--
            (1) reimbursement for the commercial cost of the 
        transportation; or
            (2) a monetary allowance, instead of 
        transportation, as authorized by statute for the whole 
        or that part of the travel for which transportation in 
        kind was not furnished.
    (f) The head of the agency concerned may store the 
household and personal effects of an employee described in 
subsection (b) of this section until proper disposition can be 
made. The cost of the storage and transportation (including 
packing, crating, draying, temporarily storing, and unpacking) 
of household and personal effects shall be charged against 
appropriations currently available.
    (g) When the head of the agency concerned determines that 
an emergency exists and that a sale would be in the best 
interests of the United States, he may provide for the public 
or private sale of motor vehicles and other bulky items of the 
household and personal effects of an employee described in 
subsection (b) of this section. Before a sale, and if 
practicable, a reasonable effort shall be made to determine the 
desires of interested persons. The net proceeds from the sale 
shall be sent to the owner or other person entitled thereto 
under regulations prescribed by the head of the agency 
concerned. If there is no owner or other person entitled 
thereto, or if the owner or other person or their addresses are 
not ascertained within 1 year from the date of sale, the net 
proceeds may be covered into the Treasury of the United States 
as miscellaneous receipts.
    (h) A claim for net proceeds covered into the Treasury 
under subsection (g) of this section may be filed with the 
Administrator of General Services by the owner, his heir or 
next of kin, or his legal representative at any time before the 
end of 5 years from the date the proceeds are covered into the 
Treasury. When a claim is filed, the Administrator of General 
Services shall allow or disallow it. A claim that is allowed 
shall be paid from the appropriation for refunding money 
erroneously received and covered. If a claim is not filed 
before the end of 5 years from the date the proceeds are 
covered into the Treasury, it is barred from being acted on by 
the Administrator of General Services or the courts.
    (i) This section does not amend or repeal--
            (1) section 2575, 2733, 4712, 6522, or 9712 of 
        title 10;
            (2) section 507 of title 14; or
            (3) chapter 171 of title 28.

Sec. 5565. Agency review

    (a) When an employee has been in a missing status almost 12 
months and no official report of his death or the circumstances 
of his continued absence has been received by the head of the 
agency concerned, he shall have the case fully reviewed. After 
that review and the end of 12 months in a missing status, or 
after any later review which shall be made when warranted by 
information received or other circumstances, the head of the 
agency concerned or his designee may--
            (1) direct the continuance of his missing status, 
        if there is a reasonable presumption that the employee 
        is alive; or
            (2) make a finding of death.
    (b) When a finding of death is made under subsection (a) of 
this section, it shall include the date death is presumed to 
have occurred for the purpose of the ending of crediting pay 
and allowances and settlement of accounts. That date is--
            (1) the day after the day on which the 12 months in 
        a missing status ends; or
            (2) a day determined by the head of the agency 
        concerned or his designee when the missing status has 
        been continued under subsection (a) of this section.
    (c) For the purpose of determining status under this 
section, a dependent of an employee in active service is deemed 
an employee. A determination under this section made by the 
head of the agency concerned or his designee is conclusive on 
all other agencies of the United States. This section does not 
entitle a dependent to pay, allowances, or other compensation 
to which he is not otherwise entitled.

Sec. 5566. Agency determinations

    (a) The head of the agency concerned or his designee may 
make any determination necessary to administer this subchapter, 
and when so made it is conclusive as to--
            (1) death or finding of death;
            (2) the fact of dependency under this subchapter;
            (3) any other status covered by this subchapter;
            (4) an essential date, including one on which 
        evidence or information is received by the head of the 
        agency concerned; and
            (5) whether information received concerning an 
        employee is to be construed and acted on as an official 
        report of death.
    (b) When the head of the agency concerned receives 
information that he considers to conclusively establish the 
death of an employee, he shall take action thereon as an 
official report of death, notwithstanding an earlier action 
relating to death or status of the employee. After the end of 
12 months in a missing status prescribed by section 5565 of 
this title, the head of the agency concerned or his designee 
shall make a finding of death when he considers that the 
information received, or a lapse of time without information, 
establishes a reasonable presumption that an employee in a 
missing status is dead.
    (c) The head of the agency concerned or his designee may 
determine the entitlement of an employee to pay and allowances 
under this subchapter, including credits and charges in his 
account, and that determination is conclusive. An account may 
not be charged or debited with an amount that an employee 
captured, beleaguered, or besieged by a hostile force may 
receive or be entitled to receive from, or have placed to his 
credit by, the hostile force as pay, allowances, or other 
compensation.
    (d) When circumstances warrant the reconsideration of a 
determination made under this subchapter, the head of the 
agency concerned or his designee may change or modify it.
    (e) When the account of an employee has been charged or 
debited with an allotment paid under this subchapter, the 
amount so charged or debited shall be recredited to the account 
of the employee if the head of the agency concerned or his 
designee determines that the payment was induced by fraud or 
misrepresentation to which the employee was not a party.
    (f) Except an allotment for an unearned insurance premium, 
an allotment paid from the pay and allowances of an employee 
for the period he is in a missing status may not be collected 
from the allotee as an overpayment when payment was caused by 
delay in receiving evidence of death. An allotment paid for a 
period after the end, under this subchapter or otherwise, of 
entitlement to pay and allowances may not be collected from the 
allottee or charged against the pay of a deceased employee when 
payment was caused by delay in receiving evidence of death.
    (g) The head of the agency concerned or his designee may 
waive the recovery of an erroneous payment or overpayment of an 
allotment to a dependent if he considers recovery is against 
equity and good conscience.
    (h) For the purpose of determining status under this 
section, a dependent of an employee in active service is deemed 
an employee. A determination under this section made by the 
head of the agency concerned or his designee is conclusive on 
all other agencies of the United States. This section does not 
entitle a dependent to pay, allowances, or other compensation 
to which he is not otherwise entitled.

Sec. 5567. Settlement of accounts

    (a) The head of the agency concerned or his designee may 
settle the accounts of--
            (1) an employee for whose account payment has been 
        made under sections 5562, 5563, and 5565 of this title; 
        and
            (2) a survivor of a casualty to a ship, station, or 
        military installation which results in the loss or 
        destruction of disbursing records.
That settlement is conclusive on the accounting officials of 
the United States in settling the accounts of disbursing 
officials.
    (b) Payment or settlement of an account made pursuant to a 
report, determination, or finding of death may not be recovered 
or reopened because of a later report or determination which 
fixes a date of death. However, an account shall be reopened 
and settled on the basis of a date of death so fixed which is 
later than that used as a basis for earlier settlement.
    (c) In settling the accounts of a disbursing official, he 
is entitled to credit for an erroneous payment or overpayment 
made by him in carrying out this subchapter, except section 
5568, if there is no fraud or criminality by him. Recovery may 
not be made from an individual who authorizes a payment under 
this subchapter, except section 5568, if there is no fraud or 
criminality by him.

Sec. 5568. Income tax deferment

    Notwithstanding other statutes, any Federal income tax 
return of, or the payment of any Federal income tax by, an 
employee who, at the time the return or payment would otherwise 
become due, is in a missing status does not become due until 
the earlier of the following dates:
            (1) the fifteenth day of the third month in which 
        he ceased (except because of death or incompetency) 
        being in a missing status, unless before the end of 
        that fifteenth day he is again in a missing status; or
            (2) the fifteenth day of the third month after the 
        month in which an executor, administrator, or 
        conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the 
Secretary of the Treasury or his delegate to extend the time 
for filing the return or paying the tax, as in other cases, and 
to assess and collect the tax as provided by sections 6851, 
6861, and 6871 of title 26 in cases in which the assessment or 
collection is jeopardized and in cases of bankruptcy or 
receivership.

Sec. 5569. Benefits for captives

    (a) For the purpose of this section--
            (1) ``captive'' means any individual in a captive 
        status commencing while such individual is--
                    (A) in the Civil Service, or
                    (B) a citizen, national, or resident alien 
                of the United States rendering personal service 
                to the United States similar to the service of 
                an individual in the Civil Service (other than 
                as a member of the uniformed services);
            (2) ``captive status'' means a missing status 
        which, as determined by the President, arises because 
        of a hostile action and is a result of the individual's 
        relationship with the Government;
            (3) ``missing status''--
                    (A) in the case of an employee, has the 
                meaning provided under section 5561(5) of this 
                title; and
                    (B) in the case of an individual other than 
                an employee, has a similar meaning; and
            (4) ``family member'', as used with respect to a 
        person, means--
                    (A) any dependent of such person; and
                    (B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of such 
                person's family or household.
    (b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any captive to the 
extent that such pay and allowances are not subject to an 
allotment under section 5563 of this title or any other 
provision of law.
    (2) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid in United States Treasury bills 
with 3-month maturities issued during the preceding calendar 
quarter. Such interest shall be compounded quarterly.
    (3) Amounts in the savings fund credited to a captive shall 
be considered as pay and allowances for purposes of section 
5563 of this title and shall otherwise be subject to withdrawal 
under procedures which the Secretary of the Treasury shall 
establish.
    (4) Any interest accruing under this subsection on--
            (A) any amount for which an individual is indebted 
        to the United States under section 5562(c) of this 
        title shall be deemed to be part of the amount due 
        under such section 5562(c); and
            (B) any amount referred to in section 5566(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section 5566(f).
    (5) An allotment under this subsection may be made without 
regard to section 5563(c) of this title.
    (c) The head of an agency shall pay (by advancement or 
reimbursement) any individual who is a captive, and any family 
member of such individual, for medical and health care, and 
other expenses related to such care, to the extent that such 
care--
            (1) is incident to such individual being a captive; 
        and
            (2) is not covered--
                    (A) by any Government medical or health 
                program; or
                    (B) by insurance.
    (d)(1) Except as provided in paragraph (3), the President 
shall make a cash payment, computed under paragraph (2), to any 
individual who became or becomes a captive commencing on or 
after November 4, 1979. Such payment shall be made before the 
end of the one-year period beginning on the date on which the 
captive status of such individual terminates or, in the case of 
any individual whose status as a captive terminated before the 
date of the enactment of the Victims of Terrorism Compensation 
Act, before the end of the one-year period beginning on such 
date.
    (2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act, the amount of the payment under 
this subsection with respect to an individual held as a captive 
shall be not less than one-half of the amount of the world-wide 
average per diem rate under section 5702 of this title which 
was in effect for each day that individual was so held.
    (3) The President--
            (A) may defer a payment under this subsection in 
        the case of any individual who, during the one-year 
        period described in paragraph (1), is charged with an 
        offense described in subparagraph (B), until final 
        disposition of such charge; and
            (B) may deny such payment in the case of any 
        individual who is convicted of an offense described in 
        subsection (b) or (c) of section 8312 of this title 
        committed--
                    (i) during the period of captivity of such 
                individual; and
                    (ii) related to the captive status of such 
                individual.
    (4) A payment under this subsection shall be in addition to 
any other amount provided by law.
    (5) The provisions of subchapter VIII of this chapter (or, 
in the case of any person not covered by such subchapter, 
similar provisions prescribed by the President) shall apply 
with respect to any amount due an individual under paragraph 
(1) after such individual's death.
    (6) Any payment made under paragraph (1) which is later 
denied under paragraph (3)(B) is a claim of the United States 
Government for purposes of section 3711 of title 31.
    (e)(1) Under regulations prescribed by the President, the 
benefits provided by the Soldiers' and Sailors' Civil Relief 
Act of 1940, including the benefits provided by section 701 of 
such Act but excluding the benefits provided by sections 104, 
105, 106, 400 through 408, 501 through 512, and 514 of such 
Act, shall be provided in the case of any individual who is a 
captive.
    (2) In applying such Act under this subsection--
            (A) the term ``person in the military service'' is 
        deemed to include any such captive;
            (B) the term ``period of military service'' is 
        deemed to include the period during which the 
        individual is in a captive status; and
            (C) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed, in the case of 
        any captive, to be references to an individual 
        designated for that purpose by the President.
    (f)(1)(A) Under regulations prescribed by the President, 
the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of a captive for expenses 
incurred for subsistence, tuition, fees, supplies, books, and 
equipment, and other educational expenses, while attending an 
educational or training institution.
    (B) Except as provided in subparagraph (C), payments shall 
be available under this paragraph for a spouse or child of an 
individual who is a captive for education or training which 
occurs--
            (i) after that individual has been in captive 
        status for 90 days or more, and
            (ii) on or before--
                    (I) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the captive status of that individual 
                terminates, or
                    (II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date.
In order to respond to special circumstances, the appropriate 
agency head may specify a date for purposes of cessation of 
assistance under clause (ii) which is later than the date which 
would otherwise apply under such clause.
    (C) In the event a captive dies and the death is incident 
to that individual being a captive, payments shall be available 
under this paragraph for a spouse or child of such individual 
for education or training which occurs after the date of such 
individual's death.
    (D) The preceding provisions of this paragraph shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38 or similar assistance 
under any other provision of law.
    (E) For the purpose of this paragraph, ``child'' means a 
dependent under section 5561(3)(B) of this title.
    (2)(A) In order to respond to special circumstances, the 
head of an agency may pay (by advancement or reimbursement) a 
captive for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    (B) Payments shall be available under this paragraph for a 
captive for education or training which occurs--
            (i) after the termination of that individual's 
        captive status, and
            (ii) on or before--
                    (I) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the captive 
                status of that individual terminates, or
                    (II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date, and
shall be available only to the extent that such payments are 
not otherwise authorized by law.
    (3) Assistance under this subsection--
            (A) shall be discontinued for any individual whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established pursuant to section 
        1724 of title 38; and
            (B) may not be provided for any individual for a 
        period in excess of 45 months (or the equivalent 
        thereof in other than full-time education or training).
    (4) Regulations prescribed to carry out this subsection 
shall provide that the program under this subsection shall be 
consistent with the assistance program under chapters 35 and 36 
of title 38.
    (g) Any benefit provided under subsection (c) or (d) may, 
under regulations prescribed by the President, be provided to a 
family member of an individual if--
            (1) such family member is held in captive status; 
        and
            (2) such individual is performing service for the 
        United States as described in subsection (a)(1)(A) when 
        the captive status of such family member commences.
    (h) Except as provided in subsection (d), this section 
applies with respect to any individual in a captive status 
commencing after January 21, 1981.
    (i) Notwithstanding any other provision of this subchapter, 
any determination by the President under subsection (a)(2) or 
(d) shall be conclusive and shall not be subject to judicial 
review.
    (j) The President may prescribe regulations necessary to 
administer this section.
    (k) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.

Sec. 5570. Compensation for disability or death

    (a) For the purpose of this section--
            (1) ``employee'' means--
                    (A) any individual in the Civil Service; 
                and
                    (B) any individual rendering personal 
                service to the United States similar to the 
                service of an individual in the Civil Service 
                (other than as a member of the uniformed 
                services); and
            (2) ``family member'', as used with respect to an 
        employee, means--
                    (A) any dependent of such employee; and
                    (B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of the 
                employee's family or household.
    (b) The President shall prescribe regulations under which 
an agency head may pay compensation for the disability or death 
of an employee or a family member of an employee if, as 
determined by the President, the disability or death was caused 
by hostile action and was a result of the individual's 
relationship with the Government.
    (c) Any compensation otherwise payable to an individual 
under this section in connection with any disability or death 
shall be reduced by any amounts payable to such individual 
under any other program funded in whole or in part by the 
United States (excluding any amount payable under section 
5569(d) of this title) in connection with such disability or 
death, except that nothing in this subsection shall result in 
the reduction of any amount below zero.
    (d) A determination by the President under subsection (b) 
shall be conclusive and shall not be subject to judicial 
review.
    (e) Compensation under this section may include payment 
(whether by advancement or reimbursement) for any medical or 
health expenses relating to the death of disability involved to 
the extent that such expenses are not covered under subsection 
(c) of section 5569 of this title (other than because of 
paragraph (2) of such subsection).
    (f) This section applies with respect to any disability or 
death resulting from an injury which occurs after January 21, 
1981.
    (g) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.


                SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS

Sec. 5581. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means--
                    (A) an employee as defined by section 2105 
                of this title; and
                    (B) an individual employed by the 
                government of the District of Columbia;
            but does not include the employee of--
                    (i) a Federal land bank;
                    (ii) a Federal intermediate credit bank;
                    (iii) a regional bank for cooperatives; or
                    (iv) the Senate within the purview of 
                section 36a of title 2; and
            (2) ``money due'' means the pay and allowances due 
        on account of the services of a deceased employee for 
        the Government of the United States or the government 
        of the District of Columbia. It includes, but is not 
        limited to--
                    (A) per diem instead of subsistence, 
                mileage, and amounts due in reimbursement of 
                travel expenses, including incidental and 
                miscellaneous expenses in connection therewith 
                for which reimbursement is due;
                    (B) allowances on change of official 
                station;
                    (C) quarters and cost-of-living allowances 
                and overtime or premium pay;
                    (D) amounts due for payment of cash awards 
                for employees' suggestions;
                    (E) amounts due as refund of pay deductions 
                for United States savings bonds;
                    (F) payment for accumulated and current 
                accrued annual or vacation leave equal to the 
                pay the decreased employee would have received 
                had he lived and remained in the service until 
                the end of the period of annual or vacation 
                leave;
                    (G) amounts of checks drawn for pay and 
                allowances which were not delivered by the 
                Government to the employee during his lifetime;
                    (H) amounts of unnegotiated checks returned 
                to the Government because of the death of the 
                employee; and
                    (I) retroactive pay under section 5344(a) 
                (2) of this title.
        It does not include benefits, refunds, or interest 
        payable under subchapter III of chapter 83 of this 
        title applicable to the service of the deceased 
        employee, or amounts the disposition of which is 
        otherwise expressly prescribed by Federal statute.

Sec. 5582. Designation of beneficiary; order of precedence

    (a) The employing agency shall notify each employee of his 
right to designate a beneficiary or beneficiaries to receive 
money due, and of the disposition of money due if a beneficiary 
is not designated. An employee may change or revoke a 
designation at any time under regulations promulgated--
            (1) by the Director of the Office of Personnel 
        Management or his designee, in the case of an employee 
        of an executive agency;
            (2) jointly by the President pro tempore of the 
        Senate and the Speaker of the House of Representatives, 
        or their designee, in the case of an employee of the 
        legislative branch; and
            (3) by the Chief Justice of the United States or 
        his or her designee, in the case of an employee of the 
        judicial branch.
    (b) In order to facilitate the settlement of the accounts 
of deceased employees, money due an employee at the time of his 
death shall be paid to the person or persons surviving at the 
date of death, in the following order of precedence, and the 
payment bars recovery by another person of amounts so paid:
            First, to the beneficiary or beneficiaries 
        designated by the employee in a writing received in the 
        employing agency before his death.
            Second, if there is no designated beneficiary, to 
        the widow or widower of the employee.
            Third, if none of the above, to the child or 
        children of the employee and descendants of deceased 
        children by representation.
            Fourth, if none of the above, to the parents of the 
        employee or the survivor of them.
            Fifth, if none of the above, to the duly appointed 
        legal representative of the estate of the employee.
            Sixth, if none of the above, to the person or 
        persons entitled under the laws of the domicile of the 
        employee at the time of his death.

Sec. 5583. Payment of money due; settlement of accounts

    (a) Under such regulations as the Director of the Office of 
Personnel Management may prescribe, the employing agency shall 
pay money due a deceased employee to the beneficiary designated 
by the employee under section 5582(b) of this title, or, if 
none, to the widow or widower of the employee.
    (b) The Director may by regulation prescribe the method for 
settlement of accounts payable under subsection (a) of this 
section. However--
            (1) accounts of employees of the government of the 
        District of Columbia shall be paid by the District of 
        Columbia; and
            (2) accounts of employees of Government 
        corporations or mixed ownership Government corporations 
        may be paid by the corporations.

Sec. 5584. Claims for overpayment of pay and allowances, and of travel, 
                    transportation and relocation expenses and 
                    allowances

    (a) A claim of the United States against a person arising 
out of an erroneous payment of pay or allowances made on or 
after July 1, 1960, or arising out of an erroneous payment of 
travel, transportation or relocation expenses and allowances, 
to an employee of an agency, the collection of which would be 
against equity and good conscience and not in the best 
interests of the United States, may be waived in whole or in 
part by--
            (1) the authorized official;
            (2) the head of an agency when--
                    (A) the claim is in an amount aggregating 
                not more than $1,500; and
                    (B) the waiver is made in accordance with 
                standards which the authorized official shall 
                prescribe; or
            (3) the Director of the Administrative Office of 
        the United States Courts when the claim is in an amount 
        aggregating not more than $10,000 and involves an 
        officer or employee of the Administrative Office of the 
        United States Courts, the Federal Judicial Center, or 
        any of the courts set forth in section 610 of title 28.
    (b) The authorized official or the head of the agency, as 
the case may be, may not exercise his authority under this 
section to waive any claim--
            (1) if, in his opinion, there exists, in connection 
        with the claim, an indication of fraud, 
        misrepresentation, fault, or lack of good faith on the 
        part of the employee or any other person having an 
        interest in obtaining a waiver of the claim;
            (2) except in the case of employees of the 
        Government Printing Office, the Library of Congress, 
        the Office of the Architect of the Capitol, or the 
        Botanic Garden, if application for waiver is received 
        in his office, after the expiration of three years 
        immediately following the date on which the erroneous 
        payment of pay was discovered or three years 
        immediately following October 21, 1968, whichever is 
        later;
            (3) except in the case of employees of the 
        Government Printing Office, the Library of Congress, 
        the Office of the Architect of the Capitol, or the 
        Botanic Garden, if application for waiver is received 
        in his office after the expiration of three years 
        immediately following the date on which the erroneous 
        payment of allowances was discovered or three years 
        immediately following October 2, 1972, whichever is 
        later;
            (4) in the case of employees of the Government 
        Printing Office, the Library of Congress, the Office of 
        the Architect of the Capitol, or the Botanic Garden, if 
        application for waiver is received in his office after 
        the expiration of 3 years immediately following the 
        date on which the erroneous payment of pay or 
        allowances was discovered or 3 years immediately 
        following July 25, 1974, whichever is later; or
            (5) in the case of a claim involving an erroneous 
        payment of travel, transportation or relocation 
        expenses and allowances, if application for waiver is 
        received in his office after the expiration of 3 years 
        immediately following the date on which the erroneous 
        payment was discovered.
    (c) A person who has repaid to the United States all or 
part of the amount of a claim, with respect to which a waiver 
is granted under this section, is entitled, to the extent of 
the waiver, to refund, by the employing agency at the time of 
the erroneous payment, of the amount repaid to the United 
States, if he applies to that employing agency for that refund 
within two years following the effective date of the waiver. 
The employing agency shall pay that refund in accordance with 
this section.
    (d) In the audit and settlement of the accounts of any 
accountable official, full credit shall be given for any 
amounts with respect to which collection by the United States 
is waived under this section.
    (e) An erroneous payment, the collection of which is waived 
under this section, is deemed a valid payment for all purposes.
    (f) This section does not affect any authority under any 
other statute to litigate, settle, compromise, or waive any 
claim of the United States.
    (g) For the purpose of this section, ``agency'' means--
            (1) an Executive agency;
            (2) the Government Printing Office;
            (3) the Library of Congress;
            (4) the Office of the Architect of the Capitol;
            (5) the Botanic Garden; and
            (6) the Administrative Office of the United States 
        Courts, the Federal Judicial Center, and any of the 
        courts set forth in section 610 of title 28.
For purposes of this section, the Director of the 
Administrative Office of the United States Courts shall be the 
head of the agency in the case of those entities set forth in 
paragraph (6) of this subsection.
    (g) \1\ For the purpose of this section, the term 
``authorized official'' means--
---------------------------------------------------------------------------
    \1\ So in original. Section 103(d)(3) of Public Law 104-316 (110 
Stat. 3829) added a new subsection (g). There was a subsection (g) 
there already, should be redesignated subsection ``(h)''.
---------------------------------------------------------------------------
            (1) the head of an agency, with respect to an 
        agency or employee in the legislative branch; or
            (2) the Director of the Office of Management and 
        Budget, with respect to any other agency or employee.


               SUBCHAPTER IX--SEVERANCE PAY AND BACK PAY

[Sec. Sec. 5591 to 5594. Repealed. Pub. L. 90-83, Sec. 1(34)(B), Sept. 
                    11, 1967, 81 Stat. 201.]

Sec. 5595. Severance pay

    (a) For the purpose of this section--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) the Library of Congress;
                    (C) the Government Printing Office;
                    (D) the government of the District of 
                Columbia;
                    (E) the Administrative Office of the United 
                States Courts, the Federal Judicial Center, and 
                the courts named by section 610 of title 28; 
                and
                    (F) the Office of the Architect of the 
                Capitol; and
            (2) ``employee'' means--
                    (A) an individual employed in or under an 
                agency; and
                    (B) an individual employed by a county 
                committee established under section 590h(b) of 
                title 16;
            but does not include--
                    (i) an employee (other than a member of the 
                Senior Executive Service or the Federal Bureau 
                of Investigation and Drug Enforcement 
                Administration Senior Executive Service or an 
                employee whose pay is fixed under section 5376) 
                whose rate of basic pay is fixed at a rate 
                provided for one of the levels of the Executive 
                Schedule or is in excess of the minimum rate 
                for the Executive Schedule;
                    (ii) an employee serving under an 
                appointment with a definite time limitation, 
                except one so appointed for full-time 
                employment without a break in service of more 
                than 3 days following service under an 
                appointment without time limitation;
                    (iii) an alien employee who occupies a 
                position outside the several States, the 
                District of Columbia, and the areas and 
                installations in the Republic of Panama made 
                available to the United States pursuant to the 
                Panama Canal Treaty of 1977 and related 
                agreements (as described in section 3(a) of the 
                Panama Canal Act of 1979);
                    (iv) an employee who is subject to 
                subchapter III of chapter 83 of this title or 
                any other retirement statute or retirement 
                system applicable to an employee as defined by 
                section 2105 of this title or a member of a 
                uniformed service and, who, at the time of 
                separation from the service, has fulfilled the 
                requirements for immediate annuity under such a 
                statute or system;
                    (v) an employee who, at the time of 
                separation from the service, is receiving 
                compensation under subchapter I of chapter 81 
                of this title, other than one receiving this 
                compensation concurrently with pay or on 
                account of the death of another individual;
                    (vi) an employee who, at the time of 
                separation from the service, is entitled to 
                receive benefits under section 609(b)(1) of the 
                Foreign Service Act of 1980 or any other 
                severance pay from the Government;
                    (vii) an employee of the Tennessee Valley 
                Authority;
                            (viii) \1\ an employee of the 
                        Office of the Architect of the Capitol, 
                        who is employed on a temporary when 
                        actually employed basis;
---------------------------------------------------------------------------
    \1\ So in original; should be moved 2-ems to the left to align with 
(vii).
---------------------------------------------------------------------------
                            (ix) \1\ an employee of the 
                        Government Printing Office, who is 
                        employed on a temporary when actually 
                        employed basis; or
                    (x) such other employee as may be excluded 
                by regulations of the President or such other 
                officer or agency as he may designate.
    (b) Under regulations prescribed by the President or such 
officer or agency as he may designate, an employee who--
            (1) has been employed currently for a continuous 
        period of at least 12 months; and
            (2) is involuntarily separated from the service, 
        not by removal for cause on charges of misconduct, 
        delinquency, or inefficiency;
is entitled to be paid severance pay in regular pay periods by 
the agency from which separated. However, the Director of the 
Administrative Office of the United States may prescribe 
regulations to affect the application and operation of this 
section to the agencies specified in subsection (a)(1)(E) of 
this section. The Architect of the Capitol may prescribe 
regulations to effect the application and operation of this 
section to the agency specified in subsection (a)(1)(F) of this 
section. The Public Printer may prescribe regulations to effect 
the application and operation of this section to the agency 
specified in subsection (a)(1)(C) of this section.
    (c) Severance pay consists of--
            (1) a basic severance allowance computed on the 
        basis of 1 week's basic pay at the rate received 
        immediately before separation for each year of civilian 
        service up to and including 10 years for which 
        severance pay has not been received under this or any 
        other authority and 2 weeks' basic pay at that rate for 
        each year of civilian service beyond 10 years for which 
        severance pay has not been received under this or any 
        other authority; and
            (2) an age adjustment allowance computed on the 
        basis of 10 percent of the total basic severance 
        allowance for each year by which the age of the 
        recipient exceeds 40 years at the time of separation.
Total severance pay under this section may not exceed 1 year's 
pay at the rate received immediately before separation. For the 
purpose of this subsection, ``basic pay'' includes premium pay 
under section 5545(c)(1) of this title.
    (d) If an employee is reemployed by the Government of the 
United States or the government of the District of Columbia 
before the end of the period covered by payments of severance 
pay, the payments shall be discontinued beginning with the date 
of reemployment and the service represented by the unexpired 
portion of the period shall be recredited to the employee for 
use in any later computations of severance pay. For the purpose 
of subsection (b) (1) of this section, reemployment that causes 
severance pay to be discontinued is deemed employment 
continuous with that serving as the basis for severance pay.
    (e) If the employee dies before the end of the period 
covered by payments of severance pay, the payments of severance 
pay with respect to the employee shall be continued as if the 
employee were living and shall be paid on a pay period basis to 
the survivor of the employee in accordance with section 5582(b) 
of this title.
    (f) Severance pay under this section is not a basis for 
payment, and may not be included in the basis for computation, 
of any other type of United States or District of Columbia 
Government benefits. A period covered by severance pay is not a 
period of United States or District of Columbia Government 
service or employment.
    (g) The Secretary of Agriculture shall prescribe 
regulations to effect the application and operation of this 
section to an individual named by subsection (a)(2)(B) of this 
section.
    (h)(1) Severance pay under this section may not be paid 
to--
            (A) a person described in paragraph (4)(A) during 
        any period in which the person is employed in a defense 
        nonappropriated fund instrumentality; or
            (B) a person described in paragraph (4)(B) during 
        any period in which the person is employed in a Coast 
        Guard nonappropriated fund instrumentality.
    (2)(A) Except as provided in subparagraph (B), payment of 
severance pay to a person referred to in paragraph (1) may be 
resumed upon any involuntary separation of the person from the 
position of employment in a nonappropriated fund 
instrumentality, not by removal for cause on charges of 
misconduct, delinquency, or inefficiency.
    (B) Payment of severance pay may not be resumed under 
subparagraph (A) in the case of a person who, upon separation, 
is entitled to immediate payment of retired or retainer pay as 
a member or former member of the uniformed services or to an 
immediate annuity under--
            (i) a retirement system for persons retiring from 
        employment by a nonappropriated fund instrumentality;
            (ii) subchapter III of chapter 83 of this title;
            (iii) subchapter II of chapter 84 of this title; or
            (iv) any other retirement system of the Federal 
        Government for persons retiring from employment with 
        the Federal Government.
    (3) Upon resumption of payment of severance pay under 
paragraph (2)(A) in the case of a person separated as described 
in such paragraph, the amount of the severance pay so payable 
for a period shall be reduced (but not below zero) by the 
portion (if any) of the amount of any severance pay payable for 
such period to the person by the nonappropriated fund 
instrumentality that is attributable to credit for service 
taken into account under subsection (c) in the computation of 
the amount of the severance pay so resumed.
    (4) Paragraph (1) applies to a person who, on or after 
January 1, 1987, moves without a break in service--
            (A) from employment in the Department of Defense 
        that is not employment in a defense nonappropriated 
        fund instrumentality to employment in a defense 
        nonappropriated fund instrumentality; or
            (B) from employment in the Coast Guard that is not 
        employment in a Coast Guard nonappropriated fund 
        instrumentality to employment in a Coast Guard 
        nonappropriated fund instrumentality.
    (5) The Secretary of Defense, in consultation with the 
Secretary of Transportation, shall prescribe regulations to 
carry out this subsection.
    (6) In this subsection:
            (A) The term ``defense nonappropriated fund 
        instrumentality'' means a nonappropriated fund 
        instrumentality of the Department of Defense.
            (B) The term ``Coast Guard nonappropriated fund 
        instrumentality'' means a nonappropriated fund 
        instrumentality of the Coast Guard.
            (C) The term ``nonappropriated fund 
        instrumentality'' means a nonappropriated fund 
        instrumentality described in section 2105(c) of this 
        title.
    (i)(1) In the case of an employee of the Department of 
Defense who is entitled to severance pay under this section, 
the Secretary of Defense or the Secretary of the military 
department concerned may, upon application by the employee, pay 
the total amount of the severance pay to the employee in one 
lump sum.
    (2)(A) If an employee paid severance pay in a lump sum 
under this subsection is reemployed by the Government of the 
United States or the government of the District of Columbia at 
such time that, had the employee been paid severance pay in 
regular pay periods under subsection (b), the payments of such 
pay would have been discontinued under subsection (d) upon such 
reemployment, the employee shall repay to the Department of 
Defense (for the military department that formerly employed the 
employee, if applicable) an amount equal to the amount of 
severance pay to which the employee was entitled under this 
section that would not have been paid to the employee under 
subsection (d) by reason of such reemployment.
    (B) The period of service represented by an amount of 
severance pay repaid by an employee under subparagraph (A) 
shall be considered service for which severance pay has not 
been received by the employee under this section.
    (C) Amounts repaid to an agency under this paragraph shall 
be credited to the appropriation available for the pay of 
employees of the agency for the fiscal year in which received. 
Amounts so credited shall be merged with, and shall be 
available for the
same purposes and the same period as, the other funds in that
appropriation.
    (3) If an employee fails to repay to an agency an amount 
required to be repaid under paragraph (2)(A), that amount is 
recoverable from the employee as a debt due the United States.
    (4) This subsection applies with respect to severance pay 
payable under this section for separations taking effect on or 
after February 10, 1996, and before October 1, 2003.

Sec. 5596. Back pay due to unjustified personnel action

    (a) For the purpose of this section, ``agency'' means--
            (1) an Executive agency;
            (2) the Administrative Office of the United States 
        Courts, the Federal Judicial Center, and the courts 
        named by section 610 of title 28;
            (3) the Library of Congress;
            (4) the Government Printing Office; and
            (5) the government of the District of Columbia.
    (b)(1) An employee of an agency who, on the basis of a 
timely appeal or an administrative determination (including a 
decision relating to an unfair labor practice or a grievance) 
is found by appropriate authority under applicable law, rule, 
regulation, or collective bargaining agreement, to have been 
affected by an unjustified or unwarranted personnel action 
which has resulted in the withdrawal or reduction of all or 
part of the pay, allowances, or differentials of the employee--
            (A) is entitled, on correction of the personnel 
        action, to receive for the period for which the 
        personnel action was in effect--
                    (i) an amount equal to all or any part of 
                the pay, allowances, or differentials, as 
                applicable which the employee normally would 
                have earned or received during the period if 
                the personnel action had not occurred, less any 
                amounts earned by the employee through other 
                employment during that period; and
                    (ii) reasonable attorney fees related to 
                the personnel action which, with respect to any 
                decision relating to an unfair labor practice 
                or a grievance processed under a procedure 
                negotiated in accordance with chapter 71 of 
                this title, or under chapter 11 of title I of 
                the Foreign Service Act of 1980, shall be 
                awarded in accordance with standards 
                established under section 7701(g) of this 
                title; and
            (B) for all purposes, is deemed to have performed 
        service for the agency during that period, except 
        that--
                    (i) annual leave restored under this 
                paragraph which is in excess of the maximum 
                leave accumulation permitted by law shall be 
                credited to a separate leave account for the 
                employee and shall be available for use by the 
                employee within the time limits prescribed by 
                regulations of the Office of Personnel 
                Management, and
                    (ii) annual leave credited under clause (i) 
                of this subparagraph but unused and still 
                available to the employee under regulations 
                prescribed by the Office shall be included in 
                the lump-sum payment under section 5551 or 
                5552(1) of this title but may not be retained 
                to the credit of the employee under section 
                5552(2) of this title.
    (2)(A) An amount payable under paragraph (1)(A)(i) of this 
subsection shall be payable with interest.
    (B) Such interest--
            (i) shall be computed for the period beginning on 
        the effective date of the withdrawal or reduction 
        involved and ending on a date not more than 30 days 
        before the date on which payment is made;
            (ii) shall be computed at the rate or rates in 
        effect under section 6621(a)(1) of the Internal Revenue 
        Code of 1986 during the period described in clause (i); 
        and
            (iii) shall be compounded daily.
    (C) Interest under this paragraph shall be paid out of 
amounts available for payments under paragraph (1) of this 
subsection.
    (3) This subsection does not apply to any reclassification 
action nor authorize the setting aside of an otherwise proper 
promotion by a selecting official from a group of properly 
ranked and certified candidates.
    (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.
    (5) For the purpose of this subsection, ``grievance'' and 
``collective bargaining agreement'' have the meanings set forth 
in section 7103 of this title and (with respect to members of 
the Foreign Service) in sections 1101 and 1002 of the Foreign 
Service Act of 1980, ``unfair labor practice'' means an unfair 
labor practice described in section 7116 of this title and 
(with respect to members of the Foreign Service) in section 
1015 of the Foreign Service Act of 1980, and ``personnel 
action'' includes the omission or failure to take an action or 
confer a benefit.
    (c) The Office of Personnel Management shall prescribe 
regulations to carry out this section. However, the regulations 
are not applicable to the Tennessee Valley Authority and its 
employees, or to the agencies specified in subsection (a)(2) of 
this section.

Sec. 5597. Separation pay

    (a) For the purpose of this section--
            (1) the term ``Secretary'' means the Secretary of 
        Defense;
            (2) the term ``defense agency'' means an agency of 
        the Department of Defense, as further defined under 
        regulations prescribed by the Secretary; and
            (3) the term ``employee'' means an employee of a 
        defense agency, serving under an appointment without 
        time limitation, who has been currently employed for a 
        continuous period of at least 12 months, except that 
        such term does not include--
                    (A) a reemployed annuitant under subchapter 
                III of chapter 83, chapter 84, or another 
                retirement system for employees of the 
                Government; or
                    (B) an employee having a disability on the 
                basis of which such employee is or would be 
                eligible for disability retirement under any of 
                the retirement systems referred to in 
                subparagraph (A).
    (b) In order to avoid or minimize the need for involuntary 
separations due to a reduction in force, base closure, 
reorganization, transfer of function, workforce restructuring 
(to meet mission needs, achieve one or more strength 
reductions, correct skill imbalances, or reduce the number of 
high-grade, managerial, or supervisory positions), or other 
similar action affecting 1 or more defense agencies, the 
Secretary shall establish a program under which separation pay 
may be offered to encourage eligible employees to separate from 
service voluntarily (whether by retirement or resignation).
    (c) Under the program, separation pay may be offered by a 
defense agency only--
            (1) with the prior consent, or on the authority, of 
        the Secretary; and
            (2) to employees within such occupational groups or 
        geographic locations, or subject to such other similar 
        objective and nonpersonal limitations or conditions, as 
        the Secretary may require.
A determination of which employees are within the scope of an 
offer of separation pay shall be made only on the basis of 
consistent and well-documented application of the relevant 
criteria.
    (d) Such separation pay--
            (1) shall be paid in a lump-sum or in installments;
            (2) shall be equal to the lesser of--
                    (A) an amount equal to the amount the 
                employee would be entitled to receive under 
                section 5595(c) if the employee were entitled 
                to payment under such section; or
                    (B) $25,000;
            (3) shall not be a basis for payment, and shall not 
        be included in the computation, of any other type of 
        Government benefit;
            (4) shall not be taken into account for purposes of 
        determining the amount of any severance pay to which an 
        individual may be entitled under section 5595 based on 
        any other separation; and
            (5) if paid in installments, shall cease to be paid 
        upon the recipient's acceptance of employment by the 
        Federal Government, or commencement of work under a 
        personal services contract, as described in subsection 
        (g)(1).
    (e) No amount shall be payable under this section based on 
any separation occurring after September 30, 2003.
    (f) The Secretary shall prescribe such regulations as may 
be necessary to carry out this section.
    (g)(1) An employee who receives separation pay under this 
section on the basis of a separation occurring on or after the 
date of the enactment of the Federal Workforce Restructuring 
Act of 1994 and accepts employment with the Government of the 
United States, or who commences work for an agency of the 
United States through a personal services contract with the 
United States, within 5 years after the date of the separation 
on which payment of the separation pay is based shall be 
required to repay the entire amount of the separation pay to 
the defense agency that paid the separation pay.
    (2) If the employment is with an Executive agency, the 
Director of the Office of Personnel Management may, at the 
request of the head of the agency, waive the repayment if the 
individual involved possesses unique abilities and is the only 
qualified applicant available for the position.
    (3) If the employment is with an entity in the legislative 
branch, the head of the entity or the appointing official may 
waive the repayment if the individual involved possesses unique 
abilities and is the only qualified applicant available for the 
position.
    (4) If the employment is with the judicial branch, the 
Director of the Administrative Office of the United States 
Courts may waive the repayment if the individual involved 
possesses unique abilities and is the only qualified applicant 
available for the position.
    (5) If the employment is without compensation, the 
appointing official may waive the repayment.
    (h)(1)(A) In addition to any other payment that it is 
required to make under subchapter III of chapter 83 or chapter 
84, the Department of Defense shall remit to the Office of 
Personnel Management an amount equal to 15 percent of the final 
basic pay of each covered employee.
    (B) If the employee is one with respect to whom a 
remittance would otherwise be required under section 4(a) of 
the Federal Workforce Restructuring Act of 1994 based on the 
separation involved, the remittance under this subsection shall 
be instead of the remittance otherwise required under such 
section 4(a).
    (2) Amounts remitted under paragraph (1) shall be deposited 
in the Treasury of the United States to the credit of the Civil 
Service Retirement and Disability Fund.
    (3) For the purposes of this subsection--
            (A) the term ``covered employee'' means an employee 
        who is subject to subchapter III of chapter 83 or 
        chapter 84 and to whom a voluntary separation incentive 
        has been paid under this section on the basis of a 
        separation occurring on or after October 1, 1997; and
            (B) the term ``final basic pay'' has the meaning 
        given such term in section 4(a)(2) of the Federal 
        Workforce Restructuring Act of 1994.
    (i)(1) Notwithstanding any other provision of this section, 
during fiscal year 2001, separation pay may be offered under 
the program carried out under this section with respect to 
workforce restructuring only to persons who, upon separation, 
are entitled to an immediate annuity under section 8336, 8412, 
or 8414 of this title and are otherwise eligible for the 
separation pay under this section.
    (2) In the administration of the program under this section 
during fiscal year 2001, the Secretary shall ensure that not 
more than 1,000 employees are, as a result of workforce 
restructuring, separated from service in that fiscal year 
entitled to separation pay under this section.
    (3) Separation pay may not be offered as a result of 
workforce restructuring under the program carried out under 
this section after fiscal year 2003.


          CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

    SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

Sec.
5701.    Definitions.
5702.    Per diem; employees traveling on official business.
5703.    Per diem, travel, and transportation expenses; experts and 
          consultants; individuals serving without pay.
5704.    Mileage and related allowances.
5705.    Advancements and deductions.
5706.    Allowable travel expenses.
5706a.   Subsistence and travel expenses for threatened law enforcement 
          personnel.
5706b.   Interview expenses.
5706c.   Reimbursement for taxes incurred on money received for travel 
          expenses.
5707.    Regulations and reports.
5707a.   Adherence to fire safety guidelines in establishing rates and 
          discounts for lodging expenses.
5708.    Effect on other statutes.
5709.    Air evacuation patients: furnished subsistence.
5710.    Authority for travel expenses test programs.

   SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, 
               STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

5721.    Definitions.
5722.    Travel and transportation expenses of new appointees; posts of 
          duty outside the continental United States.
5723.    Travel and transportation expenses of new appointees and 
          student trainees.
5724.    Travel and transportation expenses of employees transferred; 
          advancement of funds; reimbursement on commuted basis.
5724a.   Relocation expenses of employees transferred or reemployed.
5724b.   Taxes on reimbursements for travel, transportation, and 
          relocation expenses of employees transferred.
5724c.   Relocation services.
5725.    Transportation expenses; employees assigned to danger areas.
5726.    Storage expenses; household goods and personal effects.
5727.    Transportation of motor vehicles.
5728.    Travel and transportation expenses; vacation leave.
5729.    Transportation expenses; prior return of family.
5730.    Funds available.
5731.    Expenses limited to lowest first-class rate.
5732.    General average contribution; payment or reimbursement.
5733.    Expeditious travel.
5734.    Travel, transportation, and relocation expenses of employees 
          transferred from the Postal Service.
5735.    Travel, transportation, and relocation expenses of employees 
          transferring to the United States Postal Service.
5736.    Travel, transportation, and relocation expenses of certain 
          nonappropriated fund employees.
5737.    Relocation expenses of an employee who is performing an 
          extended assignment.
5738.    Regulations.
5739.    Authority for relocation expenses test programs.

   SUBCHAPTER III--TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

5741.    General prohibition.
5742.    Transportation of remains, dependents, and effects; death 
          occurring away from official station or abroad.

                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

5751.    Travel expenses of witnesses.
5752.    Travel expenses of Senior Executive Service candidates.
5753.    Recruitment and relocation bonuses.
5754.    Retention allowances.
5755.    Supervisory differentials.
5756.    Home marketing incentive payment.

   SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

Sec. 5701. Definitions

    Except as otherwise provided in section 5707(d), for the 
purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) a military department;
                    (C) an office, agency, or other 
                establishment in the legislative branch;
                    (D) an office, agency, or other 
                establishment in the judicial branch; and
                    (E) the government of the District of 
                Columbia;
        but does not include--
                    (i) a Government controlled corporation;
                    (ii) a Member of Congress; or
                    (iii) an office or committee of either 
                House of Congress or of the two Houses;
            (2) ``employee'' means an individual employed in or 
        under an agency including an individual employed 
        intermittently in the Government service as an expert 
        or consultant and paid on a daily when-actually-
        employed basis and an individual serving without pay or 
        at $1 a year;
            (3) ``subsistence'' means lodging, meals, and other 
        necessary expenses for the personal sustenance and 
        comfort of the traveler;
            (4) ``per diem allowance'' means a daily payment 
        instead of actual expenses for subsistence and fees or 
        tips to porters and stewards;
            (5) ``Government'' means the Government of the 
        United States and the government of the District of 
        Columbia; and
            (6) ``continental United States'' means the several 
        States and the District of Columbia, but does not 
        include Alaska or Hawaii.

Sec. 5702. Per diem; employees traveling on official business

    (a)(1) Under regulations prescribed pursuant to section 
5707 of this title, an employee, when traveling on official 
business away from the employee's designated post of duty, or 
away from the employee's home or regular place of business (if 
the employee is described in section 5703 of this title), is 
entitled to any one of the following:
            (A) a per diem allowance at a rate not to exceed 
        that established by the Administrator of General 
        Services for travel within the continental United 
        States, and by the President or his designee for travel 
        outside the continental United States;
            (B) reimbursement for the actual and necessary 
        expenses of official travel not to exceed an amount 
        established by the Administrator for travel within the 
        continental United States or an amount established by 
        the President or his designee for travel outside the 
        continental United States; or
            (C) a combination of payments described in 
        subparagraphs (A) and (B) of this paragraph.
    (2) Any per diem allowance or maximum amount of 
reimbursement shall be established to the extent feasible, by 
locality.
    (3) For travel consuming less than a full day, the payment 
prescribed by regulation shall be allocated in such manner as 
the Administrator may prescribe.
    (b)(1) Under regulations prescribed pursuant to section 
5707 of this title, an employee who is described in subsection 
(a) of this section and who abandons the travel assignment 
prior to its completion--
            (A) because of an incapacitating illness or injury 
        which is not due to the employee's own misconduct is 
        entitled to reimbursement for expenses of 
        transportation to the employee's designated post of 
        duty, or home or regular place of business, as the case 
        may be, and to payments pursuant to subsection (a) of 
        this section until that location is reached; or
            (B) because of a personal emergency situation (such 
        as serious illness, injury, or death of a member of the 
        employee's family, or an emergency situation such as 
        fire, flood, or act of God), may be allowed, with the 
        approval of an appropriate official of the agency 
        concerned, reimbursement for expenses of transportation 
        to the employee's designated post of duty, or home or 
        regular place of business, as the case may be, and 
        payments pursuant to subsection (a) of this section 
        until that location is reached.
    (2)(A) Under regulations prescribed pursuant to section 
5707 of this title, an employee who is described in subsection 
(a) of this section and who, with the approval of an 
appropriate official of the agency concerned, interrupts the 
travel assignment prior to its completion for a reason 
specified in subparagraph (A) or (B) of paragraph (1) of this 
subsection, may be allowed (subject to the limitation provided 
in subparagraph (B) of this paragraph)--
            (i) reimbursement for expenses of transportation to 
        the location where necessary medical services are 
        provided or the emergency situation exists,
            (ii) payments pursuant to subsection (a) of this 
        section until that location is reached, and
            (iii) such reimbursement and payments for return to 
        such assignment.
    (B) The reimbursement which an employee may be allowed 
pursuant to subparagraph (A) of this paragraph shall be the 
employee's actual costs of transportation to the location where 
necessary medical services are provided or the emergency 
exists, and return to assignment from such location, less the 
costs of transportation which the employee would have incurred 
had such travel begun and ended at the employee's designated 
post of duty or home or regular place of business, as the case 
may be. The payments which an employee may be allowed pursuant 
to subparagraph (A) of this paragraph shall be based on the 
additional time (if any) which was required for the employee's 
transportation as a consequence of the transportation's having 
begun and ended at a location on the travel assignment (rather 
than at the employee's designated post of duty, or home or 
regular place of business, as the case may be).
    (3) Subject to the limitations contained in regulations 
prescribed pursuant to section 5707 of this title, an employee 
who is described in subsection (a) of this section and who 
interrupts the travel assignment prior to its completion 
because of an incapacitating illness or injury which is not due 
to the employee's own misconduct is entitled to payments 
pursuant to subsection (a) of this section at the location 
where the interruption occurred.
    (c) This section does not apply to a justice or judge, 
except to the extent provided by section 456 of title 28.

Sec. 5703. Per diem, travel, and transportation expenses; experts and 
                    consultants; individuals serving without pay

    An employee serving intermittently in the Government 
service as an expert or consultant and paid on a daily when-
actually-employed basis, or serving without pay or at $1 a 
year, may be allowed travel or transportation expenses, under 
this subchapter, while away from his home or regular place of 
business and at the place of employment or service.

Sec. 5704. Mileage and related allowances \1\
---------------------------------------------------------------------------

    \1\ Editorially supplied. Section 634(a) of the Treasury, Postal 
Service and General Government Appropriations Act, 1995 (Public Law 
103-329) amended section 5704 to read as shown below. The amendment did 
not include a section heading.
---------------------------------------------------------------------------
    (a)(1) Under regulations prescribed under section 5707 of 
this title, an employee who is engaged on official business for 
the Government is entitled to a rate per mile established by 
the Administrator of General Services, instead of the actual 
expenses of transportation, for the use of a privately owned 
automobile when that mode of transportation is authorized or 
approved as more advantageous to the Government. In any year in 
which the Internal Revenue Service establishes a single 
standard mileage rate for optional use by taxpayers in 
computing the deductible costs of operating their automobiles 
for business purposes, the rate per mile established by the 
Administrator shall not exceed the single standard mileage rate 
established by the Internal Revenue Service.
    (2) Under regulations prescribed under section 5707 of this 
title, an employee who is engaged on official business for the 
Government is entitled to a rate per mile established by the 
Administrator of General Services, instead of the actual 
expenses of transportation, for the use of a privately owned 
airplane or a privately owned motorcycle when that mode of 
transportation is authorized or approved as more advantageous 
to the Government.
    (b) A determination that travel by a privately owned 
vehicle is more advantageous to the Government is not required 
under subsection (a) of this section when payment on a mileage 
basis is limited to the cost of travel by common carrier 
including per diem.
    (c) Notwithstanding the provisions of subsections (a) and 
(b) of this section, in any case in which an employee who is 
engaged on official business for the Government chooses to use 
a privately owned vehicle in lieu of a Government vehicle, 
payment on a mileage basis is limited to the cost of travel by 
a Government vehicle.
    (d) In addition to the rate per mile authorized under 
subsection (a) of this section, the employee may be reimbursed 
for--
            (1) parking fees;
            (2) ferry fees;
            (3) bridge, road, and tunnel costs; and
            (4) airplane landing and tie-down fees.

Sec. 5705. Advancements and deductions

    An agency may advance, through the proper disbursing 
official, to an employee entitled to per diem or mileage 
allowances under this subchapter, a sum considered advisable 
with regard to the character and probable duration of the 
travel to be performed. A sum advanced and not used for 
allowable travel expenses is recoverable from the employee or 
his estate by--
            (1) setoff against accrued pay, retirement credit, 
        or other amount due the employee;
            (2) deduction from an amount due from the United 
        States; and
            (3) such other method as is provided by law.

Sec. 5706. Allowable travel expenses

    Except as otherwise permitted by this subchapter or by 
statutes relating to members of the uniformed services, only 
actual and necessary travel expenses may be allowed to an 
individual holding employment or appointment under the United 
States.

Sec. 5706a. Subsistence and travel expenses for threatened law 
                    enforcement personnel

    (a) Under regulations prescribed pursuant to section 5707 
of this title, when the life of an employee who serves in a law 
enforcement, investigative, or similar capacity, or members of 
such employees' immediate family, is threatened as a result of 
the employee's assigned duties, the head of the agency 
concerned may approve appropriate subsistence payments for the 
employee or members of the employee's family (or both) while 
occupying temporary living accommodations at or away from the 
employee's designated post of duty .
    (b) When a situation described in subsection (a) of this 
section requires the employee or members of the employee's 
family (or both) to be temporarily relocated away from the 
employee's designated post of duty, the head of the agency 
concerned may approve transportation expenses to and from such 
alternate location.

Sec. 5706b. Interview expenses

    An individual being considered for employment by an agency 
may be paid travel or transportation expenses under this 
subchapter for travel to and from pre-employment interviews 
determined necessary by the agency.

Sec. 5706c. Reimbursement for taxes incurred on money received for 
                    travel expenses

    (a) Under regulations prescribed pursuant to section 5707 
of this title, the head of an agency or department, or his or 
her designee, may use appropriations or other funds available 
to the agency for administrative expenses, for the 
reimbursement of Federal, State, and local income taxes 
incurred by an employee of the agency or by an employee and 
such employee's spouse (if filing jointly), for any travel or 
transportation reimbursement made to an employee for which 
reimbursement or an allowance is provided.
    (b) Reimbursements under this section shall include an 
amount equal to all income taxes for which the employee and 
spouse, as the case may be, would be liable due to the 
reimbursement for the taxes referred to in subsection (a). In 
addition, reimbursements under this section shall include 
penalties and interest, for the tax years 1993 and 1994 only, 
as a result of agencies failing to withhold the appropriate 
amounts for tax liabilities of employees affected by the change 
in the deductibility of travel expenses made by Public Law 102-
486.

Sec. 5707. Regulations and reports

    (a)(1) The Administrator of General Services shall 
prescribe regulations necessary for the administration of this 
subchapter, except that the Director of the Administrative 
Office of the United States Courts shall prescribe such 
regulations with respect to official travel by employees of the 
judicial branch of the Government.
    (2) Regulations promulgated to implement section 5702 or 
5706a of this title shall be transmitted to the appropriate 
committees of the Congress and shall not take effect until 30 
days after such transmittal.
    (b) The Administrator of General Services shall prescribe 
the mileage reimbursement rates for use on official business of 
privately owned airplanes, privately owned automobiles, and 
privately owned motorcycles while engaged on official business 
as provided for in section 5704 of this title as follows:
            (1)(A) The Administrator of General Services, in 
        consultation with the Secretary of Transportation, the 
        Secretary of Defense, and representatives of 
        organizations of employees of the Government, shall 
        conduct periodic investigations of the cost of travel 
        and the operation of privately owned vehicles to 
        employees while engaged on official business, and shall 
        report the results of such investigations to Congress 
        at least once a year.
            (B) In conducting the periodic investigations, the 
        Administrator shall review and analyze among other 
        factors--
                    (i) depreciation of original vehicle cost;
                    (ii) gasoline and oil (excluding taxes);
                    (iii) maintenance, accessories, parts, and 
                tires;
                    (iv) insurance; and
                    (v) State and Federal taxes.
            (2)(A) The Administrator shall issue regulations 
        under this section which--
                    (i) shall prescribe a mileage reimbursement 
                rate which reflects the current costs as 
                determined by the Administrator of operating 
                privately owned automobiles, and which shall 
                not exceed, as provided in section 5704(a)(1) 
                of this title, the single standard mileage rate 
                established by the Internal Revenue Service, 
                and
                    (ii) shall prescribe mileage reimbursement 
                rates which reflect the current costs as 
                determined by the Administrator of operating 
                privately owned airplanes and motorcycles.
            (B) At least once each year after the issuance of 
        the regulations described in subparagraph (A) of this 
        paragraph, the Administrator shall determine, based 
        upon the results of the cost investigation, specific 
        figures, each rounded to the nearest half cent, of the 
        average, actual cost per mile during the period for the 
        use of a privately owned airplane, automobile, and 
        motorcycle.
            (C) The Administrator shall report the specific 
        figures to Congress not later than five working days 
        after the Administrator makes the cost determination. 
        Each such report shall be printed in the Federal 
        Register.
            (D) The mileage reimbursement rates contained in 
        the regulations prescribed under this section shall be 
        adjusted within thirty days following the submission of 
        the report under subparagraph (C) of this paragraph.
    (c) The Administrator of General Services shall 
periodically, but at least every 2 years, submit to the 
Director of the Office of Management and Budget an analysis of 
estimated total agency payments for such items as travel and 
transportation of people, average costs and duration of trips, 
and purposes of official travel; and of estimated total agency 
payments for employee relocation. This analysis shall be based 
on a sampling survey of agencies each of which spent more than 
$5,000,000 during the previous fiscal year on travel and 
transportation payments, including payments for employee 
relocation. Agencies shall provide to the Administrator the 
necessary information in a format prescribed by the 
Administrator and approved by the Director.
    [(d) Repealed. Pub. L. 104-201, Sec. 1614(a)(1), Sept. 23, 
1996, 110 Stat. 2739.]

Sec. 5707a. Adherence to fire safety guidelines in establishing rates 
                    and discounts for lodging expenses

    (a)(1) For the purpose of making payments under this 
chapter for lodging expenses incurred in a State, each agency 
shall ensure that not less than 90 percent of the commercial-
lodging room nights for employees of that agency for a fiscal 
year are booked in approved places of public accommodation.
    (2) Each agency shall establish explicit procedures to 
satisfy the percentage requirement of paragraph (1).
    (3) An agency shall be considered to be in compliance with 
the percentage requirement of paragraph (1) until September 30, 
2002, and after that date if travel arrangements of the agency, 
whether made for civilian employees, members of the uniformed 
services, or foreign service personnel, are made through travel 
management processes designed to book commercial lodging in 
approved places of public accommodation, whenever available.
    (b) Studies or surveys for the purposes of establishing per 
diem rates for lodging expenses under this chapter shall be 
limited to approved places of public accommodation. The 
provisions of this subsection shall not apply with respect to 
studies and surveys that are conducted in any jurisdiction that 
is not a State.
    (c) The Administrator of General Services may not include 
in any directory which lists lodging accommodations any hotel, 
motel, or other place of public accommodation that is not an 
approved place of public accommodation.
    (d) The Administrator of General Services shall include in 
each directory which lists lodging accommodations a description 
of the access and safety devices, including appropriate 
emergency alerting devices, which each listed place of public 
accommodation provides for guests who are hearing-impaired or 
visually or physically handicapped.
    (e) The Administrator of General Services may take any 
additional actions the Administrator determines appropriate to 
facilitate the ability of employees traveling on official 
business to stay at approved places of public accommodation.
    (f) For purposes of this section:
            (1) The term ``agency'' does not include the 
        government of the District of Columbia.
            (2) The term ``approved places of public 
        accommodation'' means hotels, motels, and other places 
        of public accommodation that are listed by the Director 
        of the Federal Emergency Management Agency as meeting 
        the requirements of the fire prevention and control 
        guidelines described in section 29 of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 2225).
            (3) The term ``State'' means any State, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, the 
        Trust Territory of the Pacific Islands, the Virgin 
        Islands, Guam, American Samoa, or any other territory 
        or possession of the United States.

Sec. 5708. Effect on other statutes

    This subchapter does not modify or repeal--
            (1) any statute providing for the traveling 
        expenses of the President;
            (2) any statute providing for mileage allowances 
        for Members of Congress;
            (3) any statute fixing or permitting rates higher 
        than the maximum rates established under this 
        subchapter; or
            (4) any appropriation statute item for examination 
        of estimates in the field.

Sec. 5709. Air evacuation patients: furnished subsistence

    Notwithstanding any other provision of law, and under 
regulations prescribed under section 5707 of this title, an 
employee and his dependents may be furnished subsistence 
without charge while being evacuated as a patient by military 
aircraft of the United States.

Sec. 5710. Authority for travel expenses test programs

    (a)(1) Notwithstanding any other provision of this 
subchapter, under a test program which the Administrator of 
General Services determines to be in the interest of the 
Government and approves, an agency may pay through the proper 
disbursing official for a period not to exceed 24 months any 
necessary travel expenses in lieu of any payment otherwise 
authorized or required under this subchapter. An agency shall 
include in any request to the Administrator for approval of 
such a test program an analysis of the expected costs and 
benefits and a set of criteria for evaluating the effectiveness 
of the program.
    (2) Any test program conducted under this section shall be 
designed to enhance cost savings or other efficiencies that 
accrue to the Government.
    (3) Nothing in this section is intended to limit the 
authority of any agency to conduct test programs.
    (b) The Administrator shall transmit a copy of any test 
program approved by the Administrator under this section to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program.
    (c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the 
appropriate committees of the Congress a report on the results 
of the program no later than 3 months after completion of the 
program.
    (d) No more than 10 test programs under this section may be 
conducted simultaneously.
    (e) The authority to conduct test programs under this 
section shall expire 7 years after the date of the enactment of 
the Travel and Transportation Reform Act of 1998.


  SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, 
              STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

Sec. 5721. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means--
                    (A) an Executive agency;
                    (B) a military department;
                    (C) a court of the United States;
                    (D) the Administrative Office of the United 
                States Courts;
                    (E) the Library of Congress;
                    (F) the Botanic Garden;
                    (G) the Government Printing Office; and
                    (H) the government of the District of 
                Columbia;
        but does not include a Government controlled 
        corporation;
            (2) ``employee'' means an individual employed in or 
        under an agency;
            (3) ``continental United States'' means the several 
        States and the District of Columbia, but does not 
        include Alaska or Hawaii;
            (4) ``Government'' means the government of the 
        United States and the government of the District of 
        Columbia;
            (5) ``appropriation'' includes funds made available 
        by statute under section 9104 of title 31;
            (6) ``United States'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, the 
        territories and possessions of the United States, and 
        the areas and installations in the Republic of Panama 
        that are made available to the United States pursuant 
        to the Panama Canal Treaty of 1977 and related 
        agreements (as described in section 3(a) of the Panama 
        Canal Act of 1979); and
            (7) ``Foreign Service of the United States'' means 
        the Foreign Service as constituted under the Foreign 
        Service Act of 1980.

Sec. 5722. Travel and transportation expenses of new appointees; posts 
                    of duty outside the continental United States

    (a) Under regulations prescribed under section 5738 of this 
title and subject to subsections (b) and (c) of this section, 
an agency may pay from its appropriations--
            (1) travel expenses of a new appointee and 
        transportation expenses of his immediate family and his 
        household goods and personal effects from the place of 
        actual residence at the time of appointment to the 
        place of employment outside the continental United 
        States;
            (2) these expenses on the return of an employee 
        from his post of duty outside the continental United 
        States to the place of his actual residence at the time 
        of assignment to duty outside the continental United 
        States; and
            (3) the expenses of transporting a privately owned 
        motor vehicle as authorized under section 5727(c) of 
        this title.
    (b) An agency may pay expenses under subsection (a)(1) of 
this section only after the individual selected for appointment 
agrees in writing to remain in the Government service for a 
minimum period of--
            (1) one school year as determined under chapter 25 
        of title 20, if selected for appointment to a teaching 
        position, except as a substitute, in the Department of 
        Defense under that chapter; or
            (2) 12 months after his appointment, if selected 
        for appointment to any other position;
unless separated for reasons beyond his control which are 
acceptable to the agency concerned. If the individual violates 
the agreement, the money spent by the Government for the 
expenses is recoverable from the individual as a debt due the 
Government.
    (c) An agency may pay expenses under subsection (a)(2) of 
this section only after the individual has served for a minimum 
period of--
            (1) one school year as determined under chapter 25 
        of title 20, if employed in a teaching position, except 
        as a substitute, in the Department of Defense under 
        that chapter; or
            (2) not less than one nor more than 3 years 
        prescribed in advance by the head of the agency, if 
        employed in any other position;
unless separated for reasons beyond his control which are 
acceptable to the agency concerned. These expenses are payable 
whether the separation is for Government purposes or for 
personal convenience.
    (d) This section does not apply to appropriations for the 
Foreign Service of the United States.

Sec. 5723. Travel and transportation expenses of new appointees and 
                    student trainees

    (a) Under regulations prescribed under section 5738 of this 
title and subject to subsections (b) and (c) of this section, 
an agency may pay from its appropriations--
            (1) travel expenses (A) of a new appointee, or a 
        student trainee when assigned on completion of college 
        work, to any position, (B) of a new appointee to the 
        Senior Executive Service or the Federal Bureau of 
        Investigation and Drug Enforcement Administration 
        Senior Executive Service, or (C) of any person 
        appointed by the President to a position the rate of 
        pay for which is equal to or higher than the minimum 
        rate of pay payable for a position classified above GS-
        15 pursuant to section 5108;
            (2) transportation expenses of his immediate family 
        and his household goods and personal effects to the 
        extent authorized by section 5724 of this title; and
            (3) the expenses of transporting a privately owned 
        motor vehicle as authorized under section 5727(c) of 
        this title;
from his place of residence at the time of selection or 
assignment to his duty station. If the travel and 
transportation expenses of a student trainee were paid when he 
was appointed, they may not be paid when he is assigned after 
completion of college work. Travel expenses payable under this 
subsection may include the per diem and mileage allowances 
authorized for employees by subchapter I of this chapter. 
Advances of funds may be made for the expenses authorized by 
this subsection to the extent authorized by section 5724(f) of 
this title. In the case of an appointee described in paragraph 
(1) who has performed transition activities under section 3 of 
the Presidential Transition Act of 1963 (3 U.S.C. 102 note), 
the provisions of paragraphs (1) and (2) may apply to travel 
and transportation expenses from the place of residence of such 
appointee (at the time of relocation following the most recent 
general elections held to determine the electors of the 
President) to the assigned duty station of such appointee.
    (b) An agency may pay travel and transportation expenses 
under subsection (a) of this section only after the individual 
selected or assigned agrees in writing to remain in the 
Government service for 12 months after his appointment or 
assignment, unless separated for reasons beyond his control 
which are acceptable to the agency concerned. If the individual 
violates the agreement, the money spent by the Government for 
the expenses is recoverable from the individual as a debt due 
the Government.
    (c) An agency may pay travel and transportation expenses 
under subsection (a) of this section whether or not the 
individual selected has been appointed at the time of the 
travel. In the case of an appointee described in subsection 
(a)(1) who has performed transition activities under section 3 
of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), 
the travel or transportation shall take place at any time after 
the most recent general elections held to determine the 
electors of the President.
    (d) This section does not impair or otherwise affect the 
authority of an agency under existing statute to pay travel and 
transportation expenses of individuals named by subsection (a) 
of this section.

Sec. 5724. Travel and transportation expenses of employees transferred; 
                    advancement of funds; reimbursement on commuted 
                    basis

    (a) Under regulations prescribed under section 5738 of this 
title and when the head of the agency concerned or his designee 
authorizes or approves, the agency shall pay from Government 
funds--
            (1) the travel expenses of an employee transferred 
        in the interest of the Government from one official 
        station or agency to another for permanent duty, and 
        the transportation expenses of his immediate family, or 
        a commutation thereof under section 5704 of this title;
            (2) the expenses of transporting, packing, crating, 
        temporarily storing, draying, and unpacking his 
        household goods and personal effects not in excess of 
        18,000 pounds net weight; and
            (3) upon the separation (or death in service) of a 
        career appointee, as defined in section 3132(a)(4) of 
        this title, the travel expenses of that individual (if 
        applicable), the transportation expenses of the 
        immediate family of such individual, and the expenses 
        of moving (including transporting, packing, crating, 
        temporarily storing, draying, and unpacking) the 
        household goods of such individual and personal effects 
        not in excess of eighteen thousand pounds net weight, 
        to the place where the individual will reside (or, in 
        the case of a career appointee who dies in service or 
        who dies after separating but before the travel, 
        transportation, and moving is completed, to the place 
        where the family will reside) within the United States, 
        its territories or possessions \1\ or the Commonwealth 
        of Puerto Rico, if such individual--
---------------------------------------------------------------------------
    \1\ Section 3550(c)(1) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2074) amended this 
paragraph by striking ``, the Commonwealth of Puerto Rico,'' and all 
that follows through ``Panama Canal Act of 1979'' and inserting ``or 
the Commonwealth of Puerto Rico''. Section 6(4)(A) of the Travel and 
Transportation Reform Act of 1998 (Public Law 105-264; 112 Stat. 2356) 
attempted to amend this paragraph by striking ``, its territories or 
possessions'' and all that follows through ``1979''. The term ``1979'' 
does not appear thus the amendment could not be executed.
---------------------------------------------------------------------------
                    (A) during or after the five years 
                preceding eligibility to receive an annuity 
                under subchapter III of chapter 83, or of 
                chapter 84 of this title, has been transferred 
                in the interest of the Government from one 
                official station to another for permanent duty 
                as a career appointee in the Senior Executive 
                Service or as a director under section 
                4103(a)(8) of title 38 (as in effect on 
                November 17, 1988); and
                    (B) is eligible to receive an annuity upon 
                such separation (or, in the case of death in 
                service, met the requirements for being 
                considered eligible to receive an annuity, as 
                of date of death) under the provisions of 
                subchapter III of chapter 83 or chapter 84 of 
                this title.
    (b) Under regulations prescribed under section 5738 of this 
title, an employee who transports a house trailer or mobile 
dwelling inside the continental United States, inside Alaska, 
or between the continental United States and Alaska, for use as 
a residence, and who otherwise would be entitled to 
transportation of household goods and personal effects under 
subsection (a) of this section, is entitled, instead of that 
transportation, to--
            (1) a reasonable allowance for transportation of 
        the house trailer or mobile dwelling, if the trailer or 
        dwelling is transported by the employee; or
            (2) commercial transportation of the house trailer 
        or mobile dwelling, at Government expense, or 
        reimbursement to the employee therefor, including the 
        payment of necessary tolls, charges, and permit fees, 
        if the trailer or dwelling is not transported by the 
        employee.
However, payment under this subsection may not exceed the 
maximum payment to which the employee otherwise would be 
entitled under subsection (a) of this section for 
transportation and temporary storage of his household goods and 
personal effects in connection with this transfer.
    (c) Under regulations prescribed under section 5738 of this 
title, an employee who transfers between points inside the 
continental United States, instead of being paid for the actual 
expenses of transporting, packing, crating, temporarily 
storing, draying, and unpacking of household goods and personal 
effects, shall be reimbursed on a commuted basis at the rates 
per 100 pounds that are fixed by zones in the regulations. The 
reimbursement may not exceed the amount which would be 
allowable for the authorized weight allowance. However, under 
regulations prescribed under section 5738 of this title, 
payment of actual expenses may be made when the head of the 
agency determines that payment of actual expenses is more 
economical to the Government.
    (d) When an employee transfers to a post of duty outside 
the continental United States, his expenses of travel and 
transportation to and from the post shall be allowed to the 
same extent and with the same limitations prescribed for a new 
appointee under section 5722 of this title.
    (e) When an employee transfers from one agency to another, 
the agency to which he transfers pays the expenses authorized 
by this section. However, under regulations prescribed under 
section 5738 of this title, in a transfer from one agency to 
another because of a reduction in force or transfer of 
function, expenses authorized by this section and sections 
5726(b) and 5727 of this title (other than expenses authorized 
in connection with a transfer to a foreign country) and by 
section 5724a (a) through (f) of this title may be paid in 
whole or in part by the agency from which the employee 
transfers or by the agency to which he transfers, as may be 
agreed on by the heads of the agencies concerned.
    (f) An advance of funds may be made to an employee under 
regulations prescribed under section 5738 of this title with 
the same safeguards required under section 5705 of this title.
    (g) The allowances authorized by this section do not apply 
to an employee transferred under the Foreign Service Act of 
1980.
    (h) When a transfer is made primarily for the convenience 
or benefit of an employee, including an employee in the Foreign 
Service of the United States, or at his request, his expenses 
of travel and transportation and the expenses of transporting, 
packing, crating, temporarily storing, draying, and unpacking 
of household goods and personal effects may not be allowed or 
paid from Government funds.
    (i) An agency may pay travel and transportation expenses 
(including storage of household goods and personal effects) and 
other relocation allowances under this section and sections 
5724a, 5724b, and 5726(c) of this title when an employee is 
transferred within the continental United States only after the 
employee agrees in writing to remain in the Government service 
for 12 months after his transfer, unless separated for reasons 
beyond his control that are acceptable to the agency concerned. 
If the employee violates the agreement, the money spent by the 
Government for the expenses and allowances is recoverable from 
the employee as a debt due the Government.
    (j) The regulations prescribed under this section shall 
provide that the reassignment or transfer of any employee, for 
permanent duty, from one official station or agency to another 
which is outside the employee's commuting area shall take 
effect only after the employee has been given advance notice 
for a reasonable period. Emergency circumstances shall be taken 
into account in determining whether the period of advance 
notice is reasonable.

Sec. 5724a. Relocation expenses of employees transferred or reemployed

    (a) Under regulations prescribed under section 5738, an 
agency shall pay to or on behalf of an employee who transfers 
in the interest of the Government, a per diem allowance or the 
actual subsistence expenses, or a combination thereof, of the 
immediate family of the employee for en route travel of the 
immediate family between the employee's old and new official 
stations.
    (b)(1) Under regulations prescribed under section 5738, an 
agency may pay to or on behalf of an employee who transfers in 
the interest of the Government between official stations 
located within the United States--
            (A) the expenses of transportation of the employee 
        and the employee's spouse for travel to seek permanent 
        residence quarters at a new official station; and
            (B) either--
                    (i) a per diem allowance or the actual 
                subsistence expenses (or a combination of 
                both); or
                    (ii) an amount for subsistence expenses, 
                that may not exceed a maximum amount determined 
                by the Administrator of General Services.
    (2) Expenses may be allowed under paragraph (1) only for 
one round trip in connection with each change of station of the 
employee.
    (c)(1) Under regulations prescribed under section 5738, an 
agency may pay to or on behalf of an employee who transfers in 
the interest of the Government--
            (A) actual subsistence expenses of the employee and 
        the employee's immediate family for a period of up to 
        60 days while the employee or family is occupying 
        temporary quarters when the new official station is 
        located within the United States; or
            (B) an amount for subsistence expenses, that may 
        not exceed a maximum amount determined by the 
        Administrator of General Services, instead of the 
        actual subsistence expenses authorized in subparagraph 
        (A) of this paragraph.
    (2) The period authorized in paragraph (1) of this 
subsection for payment of expenses for residence in temporary 
quarters may be extended up to an additional 60 days if the 
head of the agency concerned or the designee of such head of 
the agency determines that there are compelling reasons for the 
continued occupancy of temporary quarters.
    (3) The regulations implementing paragraph (1)(A) shall 
prescribe daily rates and amounts for subsistence expenses per 
individual.
    (d)(1) Under regulations prescribed under section 5738, an 
agency shall pay to or on behalf of an employee who transfers 
in the interest of the Government, expenses of the sale of the 
residence (or the settlement of an unexpired lease) of the 
employee at the old official station and purchase of a 
residence at the new official station that are required to be 
paid by the employee, when the old and new official stations 
are located within the United States.
    (2) Under regulations prescribed under section 5738, an 
agency shall pay to or on behalf of an employee who transfers 
in the interest of the Government from a post of duty located 
outside the United States to an official station within the 
United States (other than the official station within the 
United States from which the employee was transferred when 
assigned to the foreign tour of duty)--
            (A) expenses required to be paid by the employee of 
        the sale of the residence (or the settlement of an 
        unexpired lease) of the employee at the old official 
        station from which the employee was transferred when 
        the employee was assigned to the post of duty located 
        outside the United States; and
            (B) expenses required to be paid by the employee of 
        the purchase of a residence at the new official station 
        within the United States.
    (3) Reimbursement of expenses under paragraph (2) of this 
subsection shall not be allowed for any sale (or settlement of 
an unexpired lease) or purchase transaction that occurs prior 
to official notification that the employee's return to the 
United States would be to an official station other than the 
official station from which the employee was transferred when 
assigned to the post of duty outside the United States.
    (4) Reimbursement for brokerage fees on the sale of the 
residence and other expenses under this subsection may not 
exceed those customarily charged in the locality where the 
residence is located.
    (5) Reimbursement may not be made under this subsection for 
losses incurred by the employee on the sale of the residence.
    (6) This subsection applies regardless of whether title to 
the residence or the unexpired lease is--
            (A) in the name of the employee alone;
            (B) in the joint names of the employee and a member 
        of the employee's immediate family; or
            (C) in the name of a member of the employee's 
        immediate family alone.
    (7)(A) In connection with the sale of the residence at the 
old official station, reimbursement under this subsection shall 
not exceed 10 percent of the sale price.
    (B) In connection with the purchase of a residence at the 
new official station, reimbursement under this subsection shall 
not exceed 5 percent of the purchase price.
    (8) Under regulations prescribed under section 5738, an 
agency may pay to or on behalf of an employee who transfers in 
the interest of the Government expenses of property management 
services, instead of expenses under paragraph (1) or (2) of 
this subsection for sale of the employee's residence, when the 
agency determines that such transfer is advantageous and cost-
effective for the Government.
    (e) Under regulations prescribed under section 5738, an 
agency may pay to or on behalf of an employee who transfers in 
the interest of the Government, the expenses of property 
management services when the employee transfers to a post of 
duty outside the United States. Such payment shall terminate 
upon return of the employee to an official station within the 
United States.
    (f)(1) Under regulations prescribed under section 5738 and 
subject to paragraph (2), an employee who is reimbursed under 
subsections (a) through (e) of this section or section 5724(a) 
of this title is entitled to an amount for miscellaneous 
expenses--
            (A) not to exceed two weeks' basic pay, if such 
        employee has an immediate family; or
            (B) not to exceed one week's basic pay, if such 
        employee does not have an immediate family.
    (2) Amounts paid under paragraph (1) may not exceed amounts 
determined at the maximum rate payable for a position at GS-13 
of the General Schedule.
    (g) A former employee separated by reason of reduction in 
force or transfer of function who within one year after the 
separation is reemployed by a nontemporary appointment at a 
different geographical location from that where the separation 
occurred, may be allowed and paid the expenses authorized by 
sections 5724, 5725, 5726(b), and 5727 of this title, and may 
receive the benefits authorized by subsections (a) through (f) 
of this section, in the same manner as though the employee had 
been transferred in the interest of the Government without a 
break in service to the location of reemployment from the 
location where separated.
    (h) Payments for subsistence expenses, including amounts in 
lieu of per diem or actual subsistence expenses or a 
combination thereof, authorized under this section may not 
exceed the maximum payment allowed under regulations which 
implement section 5702 of this title.

Sec. 5724b. Taxes on reimbursements for travel, transportation, and 
                    relocation expenses of employees transferred

    (a) Under regulations prescribed under section 5738 of this 
title and to the extent considered necessary and appropriate, 
as provided therein, appropriations or other funds available to 
an agency for administrative expenses are available for the 
reimbursement of substantially all of the Federal, State, and 
local income taxes incurred by an employee, or by an employee 
and such employee's spouse (if filing jointly), for any moving 
or storage expenses furnished in kind, or for which 
reimbursement or an allowance is provided (but only to the 
extent of the expenses paid or incurred). Reimbursements under 
this subsection shall also include an amount equal to all 
income taxes for which the employee and spouse, as the case may 
be, would be liable due to the reimbursement for the taxes 
referred to in the first sentence of this subsection.
    (b) For the purposes of this section, ``moving or storage 
expenses'' means travel and transportation expenses (including 
storage of household goods and personal effects under section 
5724 of this title) and other relocation expenses under 
sections 5724a and 5724c of this title.

Sec. 5724c. Relocation services

    Under regulations prescribed under section 5738 of this 
title, each agency may enter into contracts to provide 
relocation services to agencies and employees for the purpose 
of carrying out this subchapter. An agency may pay a fee for 
such services. Such services include arranging for the purchase 
of a transferred employee's residence.

Sec. 5725. Transportation expenses; employees assigned to danger areas

    (a) When an employee of the Government is on duty, or is 
transferred or assigned to duty, at a place designated by the 
head of the agency concerned as inside a zone--
            (1) from which his immediate family should be 
        evacuated; or
            (2) to which they are not permitted to accompany 
        him;
because of military or other reasons which create imminent 
danger to life or property, or adverse living conditions which 
seriously affect the health, safety, or accommodations of the 
immediate family, Government funds may be used to transport his 
immediate family and household goods and personal effects, 
under regulations prescribed by the head of the agency, to a 
location designated by the employee. When circumstances prevent 
the employee from designating a location, or it is 
administratively impracticable to determine his intent, the 
immediate family may designate the location. When the 
designated location is inside a zone to which movement of 
families is prohibited under this subsection, the employee or 
his immediate family may designate an alternate location.
    (b) When the employee is assigned to a duty station from 
which his immediate family is not excluded by the restrictions 
in subsection (a) of this section, Government funds may be used 
to transport his immediate family and household goods and 
personal effects from the designated or alternate location to 
the duty station.

Sec. 5726. Storage expenses; household goods and personal effects

    (a) For the purpose of subsection (b) of this section, 
``household goods and personal effects'' means such personal 
property of an employee and his dependents as authorized under 
regulations prescribed under section 5738 of this title to be 
transported or stored, including, in emergencies, motor 
vehicles authorized to be shipped at Government expense.
    (b) Under regulations prescribed under section 5738 of this 
title, an employee, including a new appointee and a student 
trainee to the extent authorized by sections 5722 and 5723 of 
this title, assigned to a permanent duty station outside the 
continental United States may be allowed storage expenses and 
related transportation and other expenses for his household 
goods and personal effects when--
            (1) the duty station is one to which he cannot take 
        or at which he is unable to use his household goods and 
        personal effects; or
            (2) the head of the agency concerned authorizes 
        storage of the household goods and personal effects in 
        the public interest or for reasons of economy.
The weight of the household goods and personal effects stored 
under this subsection, together with the weight of property 
transported under section 5724(a), may not exceed 18,000 pounds 
net weight, excluding a motor vehicle described by subsection 
(a) of this section.
    (c) Under regulations prescribed under section 5738 of this 
title, when an employee, including a new appointee and a 
student trainee to the extent authorized by section 5723 of 
this title, is assigned to a permanent duty station at an 
isolated location in the continental United States to which he 
cannot take or at which he is unable to use his household goods 
and personal effects because of the absence of residence 
quarters at the location, nontemporary storage expenses or 
storage at Government expense in Government-owned facilities 
(including related transportation and other expenses), 
whichever is more economical, may be allowed the employee under 
regulations prescribed by the head of the agency concerned. The 
weight of property stored under this subsection, together with 
the weight of property transported under sections 5723(a) and 
5724(a) of this title, may not exceed the total maximum weight 
the employee would be entitled to have moved. The period of 
nontemporary storage under this subsection may not exceed 3 
years.

Sec. 5727. Transportation of motor vehicles

    (a) Except as specifically authorized by statute, an 
authorization in a statute or regulation to transport the 
effects of an employee or other individual at Government 
expense is not an authorization to transport an automobile.
    (b) Under regulations prescribed under section 5738 of this 
title, the privately owned motor vehicle of an employee, 
including a new appointee and a student trainee to the extent 
authorized by sections 5722 and 5723 of this title, may be 
transported at Government expense to, from, and between the 
continental United States and a post of duty outside the 
continental United States, or between posts of duty outside the 
continental United States, when--
            (1) the employee is assigned to the post of duty 
        for other than temporary duty; and
            (2) the head of the agency concerned determines 
        that it is in the interest of the Government for the 
        employee to have the use of a motor vehicle at the post 
        of duty.
    (c) Under regulations prescribed under section 5738 of this 
title, the privately owned motor vehicle or vehicles of an 
employee, including a new appointee or a student trainee for 
whom travel and transportation expenses are authorized under 
section 5723 of this title, may be transported at Government 
expense to a new official station of the employee when the 
agency determines that such transport is advantageous and cost-
effective to the Government.
    (d) An employee may transport only one motor vehicle under 
subsection (b) of this section during a 4-year period, except 
when the head of the agency concerned determines that 
replacement of the motor vehicle during the period is necessary 
for reasons beyond the control of the employee and is in the 
interest of the Government, and authorizes in advance the 
transportation under subsection (b) of this section of one 
additional privately owned motor vehicle as a replacement. When 
an employee has remained in continuous service outside the 
continental United States during the 4-year period after the 
date of transportation under subsection (b) of this section of 
his motor vehicle, the head of the agency concerned may 
authorize transportation under subsection (b) of this section 
of a replacement for that motor vehicle.
    (e) When the head of an agency authorizes transportation 
under subsection (b) or (c) of this section of a privately 
owned motor vehicle, the transportation may be by--
            (1) commercial means, if available at reasonable 
        rates and under reasonable conditions; or
            (2) Government means on a space-available basis.
    (f)(1) This section, except subsection (a), does not apply 
to--
            (A) the Foreign Service of the United States; or
            (B) the Central Intelligence Agency.
    (2) This section, except subsection (a), does not affect 
section 403e(4) of title 50.

Sec. 5728. Travel and transportation expenses; vacation leave

    (a) Under regulations prescribed under section 5738 of this 
title, an agency shall pay from its appropriations the expenses 
of round-trip travel of an employee, and the transportation of 
his immediate family, but not household goods, from his post of 
duty outside the continental United States, Alaska, and Hawaii 
to the place of his actual residence at the time of appointment 
or transfer to the post of duty, after he has satisfactorily 
completed an agreed period of service outside the continental 
United States, Alaska, and Hawaii and is returning to his 
actual place of residence to take leave before serving another 
tour of duty at the same or another post of duty outside the 
continental United States, Alaska, and Hawaii under a new 
written agreement made before departing from the post of duty.
    (b) Under regulations prescribed under section 5738 of this 
title, an agency shall pay from its appropriations the expenses 
of round-trip travel of an employee of the Government appointed 
by the President, by and with the advice and consent of the 
Senate, for a term fixed by statute, and of transportation of 
his immediate family, but not household goods, from his post of 
duty outside the continental United States, Alaska, and Hawaii 
to the place of his actual residence at the time of appointment 
to the post of duty, after he has satisfactorily completed each 
2 years of service outside the continental United States, 
Alaska, and Hawaii and is returning to his actual place of 
residence to take leave before serving at least 2 more years of 
duty outside the continental United States, Alaska, and Hawaii.
    (c)(1) Under regulations prescribed under section 5738 of 
this title, an agency may pay, subject to paragraph (3) of this 
subsection, the expenses described in paragraph (2) of this 
subsection in any case in which the head of the agency 
determines that the payment of such expenses is necessary for 
the purpose of recruiting or retaining an employee for service 
of a tour of duty at a post of duty in Alaska or Hawaii.
    (2) The expenses payable under paragraph (1) of this 
subsection are the expenses of round-trip travel of an 
employee, and the transportation of his immediate family, but 
not household goods, from his post of duty in Alaska or Hawaii 
to the place of his actual residence at the time of appointment 
or transfer to the post of duty, incurred after he has 
satisfactorily completed an agreed period of service in Alaska 
or Hawaii and in returning to his actual place of residence to 
take leave before serving another tour of duty at the same or 
another post of duty in Alaska or Hawaii under a new written 
agreement made before departing from the post of duty.
    (3) The payment of expenses of any employee and the 
transportation of his family under paragraph (1) of this 
subsection is limited to the expenses of travel and 
transportation incurred for not more than two round trips 
commenced within 5 years after the date the employee first 
commences any period of consecutive tours of duty in Alaska or 
Hawaii.
    (d) This section does not apply to appropriations for the 
Foreign Service of the United States.

Sec. 5729. Transportation expenses; prior return of family

    (a) Under regulations prescribed under section 5738 of this 
title, an agency shall pay from its appropriations, not more 
than once before the return to the United States of an employee 
whose post of duty is outside the continental United States, 
the expenses of transporting his immediate family and of 
shipping his household goods and personal effects from his post 
of duty to his actual place of residence when--
            (1) he has acquired eligibility for that 
        transportation; or
            (2) the public interest requires the return of the 
        immediate family for compelling personal reasons of a 
        humanitarian or compassionate nature, such as may 
        involve physical or mental health, death of a member of 
        the immediate family, or obligation imposed by 
        authority or circumstances over which the individual 
        has no control.
    (b) Under regulations prescribed under section 5738 of this 
title, an agency shall reimburse from its appropriations an 
employee whose post of duty is outside the continental United 
States for the proper transportation expenses of returning his 
immediate family and his household goods and personal effects 
to the United States, when--
            (1) their return was made at the expense of the 
        employee before his return and for other than reasons 
        of public interest; and
            (2) he acquires eligibility for those 
        transportation expenses.
    (c) This section does not apply to appropriations for the 
Foreign Service of the United States.

Sec. 5730. Funds available

    Funds available for travel expenses of an employee are 
available for expenses of transportation of his immediate 
family, and funds available for transportation of things are 
available for transportation of household goods and personal 
effects, as authorized by this subchapter.

Sec. 5731. Expenses limited to lowest first-class rate

    (a) The allowance for actual expenses for transportation 
may not exceed the lowest first-class rate by the 
transportation facility used unless it is certified, in 
accordance with regulations prescribed under section 5738 of 
this title, that--
            (1) lowest first-class accommodations are not 
        available; or
            (2) use of a compartment or other accommodation 
        authorized or approved by the head of the agency 
        concerned or his designee is required for security 
        purposes.
    (b) Instead of the maximum fixed by subsection (a) of this 
section, the allowance to an employee of the Government for 
actual expenses for transportation on an inter-island steamship 
in Hawaii may not exceed the rate for accommodations on the 
steamship that is equivalent as nearly as possible to the rate 
for the lowest first-class accommodations on trans-pacific 
steamships.

Sec. 5732. General average contribution; payment or reimbursement

    Under such regulations as the President may prescribe, 
appropriations chargeable for the transportation of baggage and 
household goods and personal effects of employees of the 
Government, volunteers as defined by section 8142(a) of this 
title, and members of the uniformed services are available for 
the payment or reimbursement of general average contributions 
required. Appropriations are not available for the payment or 
reimbursement of general average contributions--
            (1) required in connection with and applicable to 
        quantities of baggage and household goods and personal 
        effects in excess of quantities authorized by statute 
        or regulation to be transported;
            (2) when the individual concerned is allowed under 
        statute or regulation a commutation instead of actual 
        transportation expenses; or
            (3) when the individual concerned selected the 
        means of shipment.

Sec. 5733. Expeditious travel

    The travel of an employee shall be by the most expeditious 
means of transportation practicable and shall be commensurate 
with the nature and purpose of the duties of the employee 
requiring such travel.

Sec. 5734. Travel, transportation, and relocation expenses of employees 
                    transferred from the Postal Service

    Notwithstanding the provisions of any other law, officers 
and employees of the United States Postal Service promoted or 
transferred under section 1006 of title 39, United States Code, 
from the Postal Service to an agency (as defined in section 
5721 of this title), for permanent duty may be authorized 
travel, transportation, and relocation expenses and allowances 
under the same conditions and to the same extent authorized by 
this subchapter for other transferred employees within the 
meaning of this chapter.

Sec. 5735. Travel, transportation, and relocation expenses of employees 
                    transferring to the United States Postal Service

    (a) In General.--Notwithstanding any other provision of 
law, employees of the Department of Defense described in 
subsection (b) may be authorized travel, transportation, and 
relocation expenses and allowances in connection with 
appointments referred to in such subsection under the same 
conditions and to the same extent authorized by this subchapter 
for transferred employees.
    (b) Covered Employees.--Subsection (a) applies to any 
employee of the Department of Defense who--
            (1) is scheduled for separation from the 
        Department, other than for cause;
            (2) is selected for appointment to a continuing 
        position with the United States Postal Service; and
            (3) accepts the appointment.

Sec. 5736. Travel, transportation, and relocation expenses of certain 
                    nonappropriated fund employees

    An employee of a nonappropriated fund instrumentality of 
the Department of Defense or the Coast Guard described in 
section 2105(c) of this title who moves, without a break in 
service of more than 3 days, to a position in the Department of 
Defense or the Coast Guard, respectively, may be authorized 
travel, transportation, and relocation expenses and allowances 
under the same conditions and to the same extent authorized by 
this subchapter for transferred employees.

Sec. 5737. Relocation expenses of an employee who is performing an 
                    extended assignment

    (a) Under regulations prescribed under section 5738 of this 
title, an agency may pay to or on behalf of an employee 
assigned from the employee's official station to a duty station 
for a period of not less than six months and not greater than 
30 months, the following expenses in lieu of payment of 
expenses authorized under subchapter I of this chapter:
            (1) Travel expenses to and from the assignment 
        location in accordance with section 5724 of this title.
            (2) Transportation expenses of the immediate family 
        and household goods and personal effects to and from 
        the assignment location in accordance with section 5724 
        of this title.
            (3) A per diem allowance for en route travel of the 
        employee's immediate family to and from the assignment 
        location in accordance with section 5724a(a) of this 
        title.
            (4) Travel and transportation expenses of the 
        employee and spouse to seek new residence quarters at 
        the assignment location in accordance with section 
        5724a(b) of this title.
            (5) Subsistence expenses of the employee and the 
        employee's immediate family while occupying temporary 
        quarters upon commencement and termination of the 
        assignment in accordance with section 5724a(c) of this 
        title.
            (6) An amount, in accordance with section 5724a(f), 
        to be used by the employee for miscellaneous expenses 
        of this title.
            (7) The expenses of transporting a privately owned 
        motor vehicle or vehicles to the assignment location in 
        accordance with section 5727 of this title.
            (8) An allowance as authorized under section 5724b 
        of this title for Federal, State, and local income 
        taxes incurred on reimbursement of expenses paid under 
        this section or on services provided in kind under this 
        section.
            (9) Expenses of nontemporary storage of household 
        goods and personal effects as defined in section 
        5726(a) of this title, subject to the limitation that 
        the weight of the household goods and personal effects 
        stored, together with the weight of property 
        transported under section 5724(a) of this title, may 
        not exceed the total maximum weight which could be 
        transported in accordance with section 5724(a) of this 
        title.
            (10) Expenses of property management services.
    (b) An agency shall not make payment under this section to 
or on behalf of the employee for expenses incurred after 
termination of the temporary assignment.

Sec. 5738. Regulations

    (a)(1) Except as specifically provided in this subchapter, 
the Administrator of General Services shall prescribe 
regulations necessary for the administration of this 
subchapter.
    (2) The Administrator of General Services shall include in 
the regulations authority for the head of an agency or his 
designee to waive any limitation of this subchapter or in any 
implementing regulation for any employee relocating to or from 
a remote or isolated location who would suffer hardship if the 
limitation were not waived. A waiver of a limitation under 
authority provided in the regulations pursuant to this 
paragraph shall be effective notwithstanding any other 
provision of this subchapter.
    (b) In prescribing regulations for the implementation of 
section 5724b of this title, the Administrator of General 
Services shall consult with the Secretary of the Treasury.
    (c) The Secretary of Defense shall prescribe regulations 
necessary for the implementation of section 5735 of this title.

Sec. 5739. Authority for relocation expenses test programs

    (a)(1) Notwithstanding any other provision of this 
subchapter, under a test program which the Administrator of 
General Services determines to be in the interest of the 
Government and approves, an agency may pay through the proper 
disbursing official for a period not to exceed 24 months any 
necessary relocation expenses in lieu of any payment otherwise 
authorized or required under this subchapter. An agency shall 
include in any request to the Administrator for approval of 
such a test program an analysis of the expected costs and 
benefits and a set of criteria for evaluating the effectiveness 
of the program.
    (2) Any test program conducted under this section shall be 
designed to enhance cost savings or other efficiencies that 
accrue to the Government.
    (3) Nothing in this section is intended to limit the 
authority of any agency to conduct test programs.
    (b) The Administrator shall transmit a copy of any test 
program approved by the Administrator under this section to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program.
    (c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the 
appropriate committees of the Congress a report on the results 
of the program no later than 3 months after completion of the 
program.
    (d) No more than 10 test programs under this section may be 
conducted simultaneously.
    (e) The authority to conduct test programs under this 
section shall expire 7 years after the date of the enactment of 
the Travel and Transportation Reform Act of 1998.


   SUBCHAPTER III--TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

Sec. 5741. General prohibition

      Except as specifically authorized by statute, the head of 
an Executive department or military department may not 
authorize an expenditure in connection with the transportation 
of remains of a deceased employee.

Sec. 5742. Transportation of remains, dependents, and effects; death 
                    occurring away from official station or abroad

    (a) For the purpose of this section, ``agency'' means--
            (1) an Executive agency;
            (2) a military department;
            (3) an agency in the legislative branch; and
            (4) an agency in the judicial branch.
    (b) When an employee dies, the head of the agency 
concerned, under regulations prescribed by the President and, 
except as otherwise provided by law, may pay from 
appropriations available for the activity in which the employee 
was engaged--
            (1) the expense of preparing and transporting the 
        remains to the home or official station of the 
        employee, or such other place appropriate for interment 
        as is determined by the head of the agency concerned, 
        if death occurred while the employee was in a travel 
        status away from his official station in the United 
        States or while performing official duties outside the 
        continental United States or in transit thereto or 
        therefrom;
            (2) the expense of transporting his dependents, 
        including expenses of packing, crating, draying, and 
        transporting household effects and other personal 
        property to his former home or such other place as is 
        determined by the head of the agency concerned, if 
        death occurred while the employee was performing 
        official duties outside the continental United States 
        or in transit thereto or therefrom; and
            (3) the travel expenses of not more than 2 persons 
        to escort the remains of a deceased employee, if death 
        occurred while the employee was in travel status away 
        from his official station in the United States or while 
        performing official duties outside the United States or 
        in transit thereto or therefrom, from the place of 
        death to the home or official station of such person, 
        or such other place appropriate for interment as is 
        determined by the head of the agency concerned.
    (c) When a dependent of an employee dies while residing 
with the employee performing official duties outside the 
continental United States or in Alaska or in transit thereto or 
therefrom, the head of the agency concerned may pay the 
necessary expenses of transporting the remains to the home of 
the dependent, or such other place appropriate for interment as 
is determined by the head of the agency concerned. If 
practicable, the agency concerned in respect of the deceased 
may furnish mortuary services and supplies on a reimbursable 
basis when--
            (1) local commercial mortuary facilities and 
        supplies are not available; or
            (2) the cost of available mortuary facilities and 
        supplies are prohibitive in the opinion of the head of 
        the agency.
Reimbursement for the cost of mortuary services and supplies 
furnished under this subsection shall be collected and credited 
to current appropriations available for the payment of these 
costs.
    (d) The benefits of this section may not be denied because 
the deceased was temporarily absent from duty when death 
occurred.
    (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.


                SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

Sec. 5751. Travel expenses of witnesses

    (a) Under such regulations as the Attorney General may 
prescribe, an employee as defined by section 2105 of this title 
(except an individual whose pay is disbursed by the Secretary 
of the Senate or the Chief Administrative Officer of the House 
of Representatives) summoned, or assigned by his agency, to 
testify or produce official records on behalf of the United 
States is entitled to travel expenses under subchapter I of 
this chapter. If the case involves the activity in connection 
with which he is employed, the travel expenses are paid from 
the appropriation otherwise available for travel expenses of 
the employee under proper certification by a certifying 
official of the agency concerned. If the case does not involve 
its activity, the employing agency may advance or pay the 
travel expenses of the employee, and later obtain reimbursement 
from the agency properly chargeable with the travel expenses.
    (b) An employee as defined by section 2105 of this title 
(except an individual whose pay is disbursed by the Secretary 
of the Senate or the Chief Administrative Officer of the House 
of Representatives) summoned, or assigned by his agency, to 
testify in his official capacity or produce official records, 
on behalf of a party other than the United States, is entitled 
to travel expenses under subchapter I of this chapter, except 
to the extent that travel expenses are paid to the employee for 
his appearance by the court, authority, or party which caused 
him to be summoned.

Sec. 5752. Travel expenses of Senior Executive Service candidates

    Employing agencies may pay candidates for Senior Executive 
Service positions travel expenses incurred incident to 
preemployment interviews requested by the employing agency.

Sec. 5753. Recruitment and relocation bonuses

    (a) The Office of Personnel Management may authorize the 
head of an agency to pay a bonus to an employee who is newly 
appointed to a position under the General Schedule, or to an 
employee under the General Schedule or under any other pay 
authority in the executive, legislative, or judicial branch who 
must relocate to accept a position under the General Schedule, 
if the Office determines that the agency would be likely, in 
the absence of such a bonus, to encounter difficulty in filling 
the position.
    (b)(1)(A) The amount of a bonus under this section shall be 
determined by regulations of the Office, but may not exceed 25 
percent of the annual rate of basic pay of the position to 
which the employee is being appointed or relocated.
    (B) For purposes of computing a percentage of a rate of 
basic pay under subparagraph (A), the rate of basic pay used 
shall be determined without taking into account any 
comparability payment under section 5304.
    (2) Payment of a bonus under this section shall be 
contingent upon the employee entering into an agreement with 
the agency to complete a period of employment with the agency, 
with the required period determined pursuant to regulations of 
the Office. If the employee voluntarily fails to complete such 
period of service or is separated from the service before 
completion of such period of service for cause on charges of 
misconduct or delinquency, the employee shall repay the bonus 
on a pro rata basis.
    (3) A bonus under this section shall be paid as a lump sum, 
and may not be considered to be part of the basic pay of an 
employee.
    (4) Under regulations of the Office, a recruitment bonus 
may be paid to a newly-hired employee before the employee 
enters on duty.
    (c) For the purposes of this section--
            (1) the terms ``agency'' and ``employee'' have the 
        meanings given them by section 5102; and
            (2) any reference to ``a position under the General 
        Schedule'' or ``an employee under the General 
        Schedule'' shall be considered to be a reference to any 
        position or employee to which subchapter III of chapter 
        53 applies.
    (d) The Office shall prescribe such regulations as it 
considers necessary for the administration of subsections (a) 
through (c).
    (e) At the request of the head of an Executive agency, the 
President may authorize the application of the preceding 
provisions of this section with respect to 1 or more categories 
of employees within such agency who would not otherwise be 
covered by this section (including authority under subsection 
(d) to prescribe any necessary regulations).

Sec. 5754. Retention allowances

    (a) The Office of Personnel Management may authorize the 
head of an agency to pay an allowance to an employee under the 
General Schedule if--
            (1) the unusually high or unique qualifications of 
        the employee or a special need of the agency for the 
        employee's services makes it essential to retain the 
        employee; and
            (2) the agency determines that the employee would 
        be likely to leave in the absence of a retention 
        allowance.
    (b)(1) A retention allowance, which shall be stated as a 
percentage of the rate of basic pay (excluding any 
comparability payments under section 5304) of the employee, may 
not exceed 25 percent of such rate of basic pay.
    (2) A retention allowance may not be considered to be part 
of the basic pay of an employee, and the reduction or 
elimination of a retention allowance may not be appealed. The 
preceding sentence shall not be construed to extinguish or 
lessen any right or remedy under subchapter II of chapter 12 or 
under any of the laws referred to in section 2302(d).
    (3) A retention allowance shall be paid at the same time 
and in the same manner as the employee's basic pay is paid.
    (c) For the purpose of this section--
            (1) the terms ``agency'' and ``employee'' have the 
        meanings given them by section 5102; and
            (2) any reference to ``an employee under the 
        General Schedule'' shall be considered to be a 
        reference to any employee holding a position to which 
        subchapter III of chapter 53 applies.
    (d) The Office shall prescribe such regulations as it 
considers necessary for the administration of subsections (a) 
through (c).
    (e) At the request of the head of an Executive agency, the 
President may authorize the application of the preceding 
provisions of this section with respect to 1 or more categories 
of employees within such agency who would not otherwise be 
covered by this section (including authority under subsection 
(d) to prescribe any necessary regulations).

Sec. 5755. Supervisory differentials

    (a)(1) The Office of Personnel Management may authorize the 
head of an agency to pay a differential to an employee under 
the General Schedule who has supervisory responsibility for 1 
or more employees not under the General Schedule, if 1 or more 
of the subordinate employees would, in the absence of such a 
differential, be paid more than the supervisory employee.
    (2) For the purposes of comparing the pay of a supervisory 
employee under the General Schedule with the pay of a 
subordinate employee not under the General Schedule, 
comparability payments under section 5304, differentials, and 
allowances that are not a part of basic pay may be taken into 
consideration, as provided by regulations of the Office.
    (b)(1) A supervisory differential, which shall be stated as 
a percentage of the supervisory employee's rate of basic pay 
(excluding any comparability payments under section 5304) or as 
a dollar amount, may not cause the supervisory employee's pay 
to exceed the pay of the highest paid subordinate employee by 
more than 3 percent.
    (2) A supervisory differential may not be considered to be 
part of the basic pay of an employee, and the reduction or 
elimination of a supervisory differential may not be appealed. 
The preceding sentence shall not be construed to extinguish or 
lessen any right or remedy under subchapter II of chapter 12 or 
under any of the laws referred to in section 2302(d).
    (3) A supervisory differential shall be paid in the same 
manner and at the same time as the employee's basic pay is 
paid.
    (c) For the purpose of this section--
            (1) the terms ``agency'' and ``employee'' have the 
        meanings given them by section 5102; and
            (2) any reference to ``an employee under the 
        General Schedule'' shall be considered to be a 
        reference to any employee holding a position to which 
        subchapter III of chapter 53 applies.
    (d) The Office shall prescribe such regulations as it 
considers necessary for the administration of this section.

Sec. 5756. Home marketing incentive payment

    (a) Under regulations prescribed under subsection (b), an 
agency may pay to an employee who transfers in the interest of 
the Government an amount to encourage the employee to 
aggressively market the employee's residence at the official 
station from which transferred when--
            (1) the residence is entered into a relocation 
        services program established under a contract in 
        accordance with section 5724c of this title to arrange 
        for the purchase of the residence;
            (2) the employee finds a buyer who completes the 
        purchase of the residence through the program; and
            (3) the sale of the residence results in a reduced 
        cost to the Government.
    (b)(1) The Administrator of General Services shall 
prescribe regulations to carry out this section.
    (2) The regulations shall include a limitation on the 
maximum amount payable with respect to an employee's residence. 
The Administrator shall establish the limitation in 
consultation with the Director of the Office of Management and 
Budget. For fiscal years 1997 and 1998, the maximum amount 
shall be the amount equal to five percent of the sale price of 
the residence.


                         CHAPTER 59--ALLOWANCES

                         SUBCHAPTER I--UNIFORMS

Sec.
5901.    Uniform allowances.
5902.    Increase in maximum uniform allowance.
5903.    Regulations.

                         SUBCHAPTER II--QUARTERS

5911.    Quarters and facilities; employees in the United States.
5912.    Quarters in Government owned or rented buildings; employees in 
          foreign countries.
5913.    Official residence expenses.

          SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES

5921.    Definitions.
5922.    General provisions.
5923.    Quarters allowances.
5924.    Cost-of-living allowances.
5925.    Post differentials.
5926.    Compensatory time off at certain posts in foreign areas.
5927.    Advances of pay.
5928.    Danger pay allowance.

                 SUBCHAPTER IV--MISCELLANEOUS ALLOWANCES

5941.    Allowances based on living costs and conditions of environment; 
          employees stationed outside continental United States or in 
          Alaska.
5942.    Allowance based on duty at remote worksites.
5942a.   Separate maintenance allowance for duty at Johnston Island.
5943.    Foreign currency appreciation allowances.
[5944.   Repealed.]
5945.    Notary public commission expenses.
5946.    Membership fees; expenses of attendance at meetings; 
          limitations.
5947.    Quarters, subsistence, and allowances for employees of the 
          Corps of Engineers, Department of the Army, engaged in 
          floating plant operations.
5948.     Physicians comparability allowances.

                         SUBCHAPTER I--UNIFORMS

Sec. 5901. Uniform allowances

    (a) There is authorized to be appropriated annually to each 
agency of the Government of the United States, including a 
Government owned corporation, and of the government of the 
District of Columbia, on a showing of necessity or 
desirability, such sums as may be necessary to carry out this 
subchapter. The head of the agency concerned, out of funds made 
available by the appropriation, shall--
            (1) furnish to each of these employees a uniform at 
        a cost not to exceed $400 a year (or such higher 
        maximum amount as the Office of Personnel Management 
        may establish under section 5902); or
            (2) pay to each of these employees an allowance for 
        a uniform not to exceed $400 a year (or such higher 
        maximum amount as the Office of Personnel Management 
        may establish under section 5902).
The allowance may be paid only at the times and in the amounts 
authorized by the regulations prescribed under section 5903 of 
this title. When the agency pays direct to the uniform vendor, 
the head of the agency may deduct a service charge of not more 
than 4 percent.
    (b) When the furnishing of a uniform or the payment of a 
uniform allowance is authorized under another statute or 
regulation existing on September 1, 1954, the head of the 
agency concerned may continue the furnishing of the uniform or 
the payment of the uniform allowance under that statute or 
regulation, but in that event a uniform may not be furnished or 
allowance paid under this section.
    (c) An allowance paid under this section is not wages 
within the meaning of section 409 of title 42 or chapters 21 
and 24 of title 26.

Sec. 5902. Increase in maximum uniform allowance

    The Office of Personnel Management may, from time to time, 
by regulation adjust the maximum amount for the cost of 
uniforms and the maximum allowance for uniforms under section 
5901.

Sec. 5903. Regulations

    The Office of Personnel Management may prescribe such 
regulations as it considers necessary for the administration of 
this subchapter.


                        SUBCHAPTER II--QUARTERS

Sec. 5911. Quarters and facilities; employees in the United States

    (a) For the purpose of this section--
            (1) ``Government'' means the Government of the 
        United States;
            (2) ``agency'' means an Executive agency, but does 
        not include the Tennessee Valley Authority;
            (3) ``employee'' means an employee of an agency;
            (4) ``United States'' means the several States, the 
        District of Columbia, and the territories and 
        possessions of the United States including the 
        Commonwealth of Puerto Rico;
            (5) ``quarters'' means quarters owned or leased by 
        the Government; and
            (6) ``facilities'' means household furniture and 
        equipment, garage space, utilities, subsistence, and 
        laundry service.
    (b) The head of an agency may provide, directly or by 
contract, an employee stationed in the United States with 
quarters and facilities, when conditions of employment or of 
availability of quarters warrant the action.
    (c) Rental rates for quarters provided for an employee 
under subsection (b) of this section or occupied on a rental 
basis by an employee or member of a uniformed service under any 
other provision of statute, and charges for facilities made 
available in connection with the occupancy of the quarters, 
shall be based on the reasonable value of the quarters and 
facilities to the employee or member concerned, in the 
circumstances under which the quarters and facilities are 
provided, occupied, or made available. The amounts of the rates 
and charges shall be paid by, or deducted from the pay of, the 
employee or member of a uniformed service, or otherwise charged 
against him in accordance with law. The amounts of payroll 
deductions for the rates and charges shall remain in the 
applicable appropriation or fund. When payment of the rates and 
charges is made by other than payroll deductions, the amounts 
of payment shall be credited to the Government as provided by 
law.
    (d) When, as an incidental service in support of a program 
of the Government, quarters and facilities are provided by 
appropriate authority of the Government to an individual other 
than an employee or member of a uniformed service, the rates 
and charges therefor shall be determined in accordance with 
this section. The amounts of payment of the rates and charges 
shall be credited to the Government as provided by law.
    (e) The head of an agency may not require an employee or 
member of a uniformed service to occupy quarters on a rental 
basis, unless the agency head determines that necessary service 
cannot be rendered, or that property of the Government cannot 
adequately be protected, otherwise.
    (f) The President may prescribe regulations governing the 
provision, occupancy, and availability of quarters and 
facilities, the determination of rates and charges therefor, 
and other related matters, necessary and appropriate to carry 
out this section. The head of each agency may prescribe 
regulations, not inconsistent with the regulations of the 
President, necessary and appropriate to carry out the functions 
of the agency head under this section.
    (g) Subsection (c) of this section does not repeal or 
modify any provision of statute authorizing the provision of 
quarters or facilities, either without charge or at rates or 
charges specifically fixed by statute.
    (h) A member of the uniformed service on a permanent change 
of duty station or temporary duty orders and occupying 
unaccompanied personnel housing--
            (1) is exempt from the requirement of subsection 
        (c) to pay a rental rate or charge based on the 
        reasonable value of the quarters and facilities 
        provided; and
            (2) shall pay such lesser rate or charge as the 
        Secretary of Defense establishes by regulation.

Sec. 5912. Quarters in Government owned or rented buildings; employees 
                    in foreign countries

    Under regulations prescribed by the head of the agency 
concerned and approved by the President, an employee who is a 
citizen of the United States permanently stationed in a foreign 
country may be furnished, without cost to him, living quarters, 
including heat, fuel, and light, in a Government owned or 
rented building. The rented quarters may be furnished only 
within the limits of appropriations made therefor.

Sec. 5913. Official residence expenses

    (a) For the purpose of this section, ``agency'' has the 
meaning given it by section 5721 of this title.
    (b) Under such regulations as the President may prescribe, 
funds available to an agency for administrative expenses may be 
allotted to posts in foreign countries to defray the unusual 
expenses incident to the operation and maintenance of official 
residences suitable for--
            (1) the chief representatives of the United States 
        at the posts; and
            (2) such other senior officials of the Government 
        of the United States as the President may designate.


         SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES

Sec. 5921. Definitions

    For the purpose of this subchapter--
            (1) ``Government'' means the Government of the 
        United States;
            (2) ``agency'' means an Executive agency and the 
        Library of Congress, but does not include a Government 
        controlled corporation;
            (3) ``employee'' means an employee in or under an 
        agency and more specifically defined by regulations 
        prescribed by the President;
            (4) ``United States'', when used in a geographical 
        sense, means the several States and the District of 
        Columbia;
            (5) ``continental United States'' means the several 
        States and the District of Columbia, but does not 
        include Alaska or Hawaii; and
            (6) ``foreign area'' means--
                    (A) the Trust Territory of the Pacific 
                Islands; and
                    (B) any other area outside the United 
                States, the Commonwealth of Puerto Rico, the 
                Canal Zone, and territories and possessions of 
                the United States.

Sec. 5922. General provisions

    (a) Notwithstanding section 5536 of this title and except 
as otherwise provided by this subchapter, the allowances and 
differentials authorized by this subchapter may be granted to 
an employee officially stationed in a foreign area--
            (1) who is a citizen of the United States; and
            (2) whose rate of basic pay is fixed by statute or, 
        without taking into consideration the allowances and 
        differentials provided by this subchapter, is fixed by 
        administrative action pursuant to law or is fixed 
        administratively in conformity with rates paid by the 
        Government for work of a comparable level of difficulty 
        and responsibility in the continental United States.
To the extent authorized by a provision of statute other than 
this subchapter, the allowances and differentials provided by 
this subchapter may be paid to an employee officially stationed 
in a foreign area who is not a citizen of the United States.
    (b) Allowances granted under this subchapter may be paid in 
advance, or advance of funds may be made therefor, through the 
proper disbursing official in such sums as are considered 
advisable in consideration of the need and the period of time 
during which expenditures must be made in advance by the 
employee. An advance of funds not subsequently covered by 
allowances accrued to the employee under this subchapter is 
recoverable by the Government by--
            (1) setoff against accrued pay, compensation, 
        amount of retirement credit, or other amount due the 
        employee from the Government; and
            (2) such other method as is provided by law for the 
        recovery of amounts owing to the Government.
The head of the agency concerned, under regulations of the 
President, may waive in whole or in part a right of recovery 
under this subsection, if it is shown that the recovery would 
be against equity and good conscience or against the public 
interest.
    (c) The allowances and differentials authorized by this 
subchapter shall be paid under regulations prescribed by the 
President governing--
            (1) payments of the allowances and differentials 
        and the respective rates at which the payments are 
        made;
            (2) the foreign areas, the groups of positions, and 
        the categories of employees to which the rates apply; 
        and
            (3) other related matters.
    (d) When a quarters allowance or allowance related to 
education under this subchapter, or quarters furnished in 
Government-owned or controlled buildings under section 5912, 
would be furnished to an employee but for the death of the 
employee, such allowances or quarters may be furnished or 
continued for the purpose of allowing any child of the employee 
to complete the current school year at post or away from post 
notwithstanding the employee's death.
    (e) When an allowance related to education away from post 
under this subchapter would be authorized with respect to an 
employee but for the evacuation or authorized departure status 
of the post, such an allowance may be furnished or continued 
for the purpose of allowing any dependent children of such 
employee to complete the current school year.
    (f)(1) If an employee dies at post in a foreign area, a 
transfer allowance under section 5924(2)(B) may be granted to 
the spouse or dependents of such employee (or both) for the 
purpose of providing for their return to the United States.
    (2) A transfer allowance under this subsection may not be 
granted with respect to the spouse or a dependent of the 
employee unless, at the time of death, such spouse or dependent 
was residing--
            (A) at the employee's post of assignment; or
            (B) at a place, outside the United States, for 
        which a separate maintenance allowance was being 
        furnished under section 5924(3).
    (3) The President may prescribe any regulations necessary 
to carry out this subsection.

Sec. 5923. Quarters allowances

    (a) When Government owned or rented quarters are not 
provided without charge for an employee in a foreign area, one 
or more of the following quarters allowances may be granted 
when applicable:
            (1) A temporary subsistence allowance for the 
        reasonable cost of temporary quarters (including meals 
        and laundry expenses) incurred by the employee and his 
        family--
                    (A) for a period not in excess of 90 days 
                after first arrival at a new post of assignment 
                in a foreign area or a period ending with the 
                occupation of residence quarters, whichever is 
                shorter; and
                    (B) for a period of not more than 30 days 
                immediately before final departure from the 
                post after the necessary evacuation of 
                residence quarters.
            (2) A living quarters allowance for rent, heat, 
        light, fuel, gas, electricity, and water, without 
        regard to section 3324(a) and (b) of title 31.
            (3) Under unusual circumstances, payment or 
        reimbursement for extraordinary, necessary, and 
        reasonable expenses, not otherwise compensated for, 
        incurred in initial repairs, alterations, and 
        improvements to the privately leased residence of an 
        employee at a post of assignment in a foreign area, 
        if--
                    (A) the expenses are administratively 
                approved in advance; and
                    (B) the duration and terms of the lease 
                justify payment of the expenses by the 
                Government.
    (b) The 90-day period under subsection (a)(1)(A) and the 
30-day period under subsection (a)(1)(B) may each be extended 
for not more than 60 additional days if the head of the agency 
concerned or his designee determines that there are compelling 
reasons beyond the control of the employee for the continued 
occupancy of temporary quarters.

Sec. 5924. Cost-of-living allowances

    The following cost-of-living allowances may be granted, 
when applicable, to an employee in a foreign area:
            (1) A post allowance to offset the difference 
        between the cost of living at the post of assignment of 
        the employee in a foreign area and the cost of living 
        in the District of Columbia, except that employees 
        receiving the temporary subsistence allowance under 
        section 5923(1) are ineligible for a post allowance 
        under this paragraph.
            (2) A transfer allowance for extraordinary, 
        necessary, and reasonable subsistence and other 
        relocation expenses (including unavoidable lease 
        penalties), not otherwise compensated for, incurred by 
        an employee incident to establishing himself at a post 
        of assignment in--
                    (A) a foreign area (including costs 
                incurred in the United States, its territories 
                or possessions, the Commonwealth of Puerto 
                Rico, the Commonwealth of the Northern Mariana 
                Islands, or the areas and installations in the 
                Republic of Panama made available to the United 
                States pursuant to the Panama Canal Treaty of 
                1977 and related agreements prior to departure 
                for a post of assignment in a foreign area); or
                    (B) the United States after the employee 
                agrees in writing to remain in Government 
                service for 12 months after transfer, unless 
                separated for reasons beyond the control of the 
                employee that are acceptable to the agency 
                concerned.
            (3) A separate maintenance allowance to assist an 
        employee who is compelled or authorized, because of 
        dangerous, notably unhealthful, or excessively adverse 
        living conditions at the employee's post of assignment 
        in a foreign area, or for the convenience of the 
        Government, or who requests such an allowance because 
        of special needs or hardship involving the employee or 
        the employee's spouse or dependents, to meet the 
        additional expenses of maintaining, elsewhere than at 
        the post, the employee's spouse or dependents, or both.
            (4) An education allowance or payment of travel 
        costs to assist an employee with the extraordinary and 
        necessary expenses, not otherwise compensated for, 
        incurred because of his service in a foreign area or 
        foreign areas in providing adequate education for his 
        dependents (or, to the extent education away from post 
        is involved, official assignment to service in such 
        area or areas), as follows:
                    (A) An allowance not to exceed the cost of 
                obtaining such kindergarten, elementary and 
                secondary educational services as are 
                ordinarily provided without charge by the 
                public schools in the United States (including 
                such educational services as are provided by 
                the States under the Individuals with 
                Disabilities Education Act), plus, in those 
                cases when adequate schools are not available 
                at the post of the employee, board and room, 
                and periodic transportation between that post 
                and the school chosen by the employee, not to 
                exceed the total cost to the Government of the 
                dependent attending an adequate school in the 
                nearest locality where an adequate school is 
                available, without regard to section 3324(a) 
                and (b) of title 31. When travel from school to 
                post is infeasible, travel may be allowed 
                between the school attended and the home of a 
                designated relative or family friend or to join 
                a parent at any location, with the allowable 
                travel expense not to exceed the cost of travel 
                between the school and the post. The amount of 
                the allowance granted shall be determined on 
                the basis of the educational facility used.
                    (B) The travel expenses of dependents of an 
                employee to and from a school in the United 
                States (or to and from a school outside the 
                United States if the dependent is attending 
                that school for less than one year under a 
                program approved by the school in the United 
                States at which the dependent is enrolled, with 
                the allowable travel expense not to exceed the 
                cost of travel to and from the school in the 
                United States) to obtain an American secondary 
                or postsecondary educational institution 
                education (other than a program of post-
                baccalaureate education), not to exceed one 
                annual trip each way for each dependent. An 
                allowance payment under subparagraph (A) of 
                this paragraph (4) may not be made for a 
                dependent during the 12 months following his 
                arrival in the United States for secondary 
                education under authority contained in this 
                subparagraph (B). Notwithstanding section 
                5921(6) of this title, travel expenses, for the 
                purpose of obtaining postsecondary educational 
                institution education (other than a program of 
                post-baccalaureate education), may be 
                authorized under this subparagraph (B), under 
                such regulations as the President may 
                prescribe, for dependents of employees who are 
                citizens of the United States stationed in the 
                Canal Zone. For the purposes of this 
                subparagraph, the term ``educational 
                institution'' has the meaning defined under 
                section 1701(a)(6) of title 38.
                    (C) In those cases in which an adequate 
                school is available at the post of the 
                employee, if the employee chooses to educate 
                the dependent at a school away from post, the 
                education allowance which includes board and 
                room, and periodic travel between the post and 
                the school chosen, shall not exceed the total 
                cost to the Government of the dependent 
                attending an adequate school at the post of the 
                employee.

Sec. 5925. Post differentials

    (a) A post differential may be granted on the basis of 
conditions of environment which differ substantially from 
conditions of environment in the continental United States and 
warrant additional pay as a recruitment and retention 
incentive. A post differential may be granted to an employee 
officially stationed in the United States who is on extended 
detail in a foreign area. A post differential under this 
subsection may not exceed 25 percent of the rate of basic pay.
    (b) Any employee granted a differential under subsection 
(a) of this section may be granted an additional differential 
for an assignment to a post determined to have especially 
adverse conditions of environment which warrant additional pay 
as a recruitment and retention incentive for the filling of 
positions at that post. An additional differential for any 
employee under this subsection--
            (1) may be paid for each assignment to a post 
        determined to have such conditions;
            (2) may be paid periodically or in a lump sum; and
            (3) may not exceed 15 percent of the rate of basic 
        pay of that employee for the period served under that 
        assignment.

Sec. 5926. Compensatory time off at certain posts in foreign areas

    (a) Under regulations prescribed pursuant to this 
subchapter, and notwithstanding subchapter V of chapter 55 of 
this title or any other law, the head of an agency may, on 
request of an employee serving in a foreign area--
            (1) at an isolated post performing functions 
        required to be maintained on a substantially continuous 
        basis, grant the employee compensatory time off for an 
        equal amount of time spent in regularly scheduled 
        overtime work; or
            (2) at a post in a locality that customarily 
        observes irregular hours of work or where other special 
        conditions are present, in order to cope with those 
        special circumstances, grant the employee compensatory 
        time off for an equal amount of time spent in regularly 
        scheduled overtime work for use during the pay period 
        in which it is earned.
Credit for compensatory time off earned under paragraph (2) 
shall not form the basis for any additional compensation.
    (b) Compensatory time earned under this section shall be 
for use only while the employee is assigned to the post where 
it is earned. Any such compensatory time not used at the time 
the employee is reassigned to another post shall be forfeited.

Sec. 5927. Advances of pay

    (a) Up to three months' pay may be paid in advance--
            (1) to an employee upon the assignment of the 
        employee to a post in a foreign area;
            (2) to an employee, other than an employee 
        appointed under section 303 of the Foreign Service Act 
        of 1980 (and employed under section 311 of such Act), 
        who--
                    (A) is a citizen of the United States;
                    (B) is officially stationed or located 
                outside the United States pursuant to 
                Government authorization; and
                    (C) requires (or has a family member who 
                requires) medical treatment outside the United 
                States, in circumstances specified by the 
                President in regulations; and
            (3) to a foreign national employee appointed under 
        section 303 of the Foreign Service Act of 1980, or a 
        nonfamily member United States citizen appointed under 
        such section 303 (and employed under section 311 of 
        such Act) for service at such nonfamily member's post 
        of residence, who--
                    (A) is located outside the country of 
                employment of such foreign national employee or 
                nonfamily member (as the case may be) pursuant 
                to Government authorization; and
                    (B) requires medical treatment outside the 
                country of employment of such foreign national 
                employee or nonfamily member (as the case may 
                be), in circumstances specified by the 
                President in regulations.
    (b) For the purpose of this section, the term ``country of 
employment'', as used with respect to an individual under 
subsection (a)(3), means the country (or other area) outside 
the United States where such individual is appointed (as 
described in subsection (a)(3)) by the Government.

Sec. 5928. Danger pay allowance

    An employee serving in a foreign area may be granted a 
danger pay allowance on the basis of civil insurrection, civil 
war, terrorism, or wartime conditions which threaten physical 
harm or imminent danger to the health or well-being of the 
employee. A danger pay allowance may not exceed 25 percent of 
the basic pay of the employee, except that if an employee is 
granted an additional differential under section 5925(b) of 
this title with respect to an assignment, the sum of that 
additional differential and any danger pay allowance granted to 
the employee with respect to that assignment may not exceed 25 
percent of the basic pay of the employee.
The presence of nonessential personnel or dependents shall not 
preclude payment of an allowance under this section. In each 
instance where an allowance under this section is initiated or 
terminated, the Secretary of State shall inform the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate of the action taken and the 
circumstances justifying it.


                SUBCHAPTER IV--MISCELLANEOUS ALLOWANCES

Sec. 5941. Allowances based on living costs and conditions of 
                    environment; employees stationed outside 
                    continental United States or in Alaska

    (a) Appropriations or funds available to an Executive 
agency, except a Government controlled corporation, for pay of 
employees stationed outside the continental United States or in 
Alaska whose rates of basic pay are fixed by statute, are 
available for allowances to these employees. The allowance is 
based on--
            (1) living costs substantially higher than in the 
        District of Columbia;
            (2) conditions of environment which differ 
        substantially from conditions of environment in the 
        continental United States and warrant an allowance as a 
        recruitment incentive; or
            (3) both of these factors.
The allowance may not exceed 25 percent of the rate of basic 
pay. Except as otherwise specifically authorized by statute, 
the allowance is paid only in accordance with regulations 
prescribed by the President establishing the rates and defining 
the area, groups of positions, and classes of employees to 
which each rate applies.
    (b) An employee entitled to a cost-of-living allowance 
under section 5924 of this title may not be paid an allowance 
under subsection (a) of this section based on living costs 
substantially higher than in the District of Columbia.

Sec. 5942. Allowance based on duty at remote worksites

    (a) Notwithstanding section 5536 of this title, an employee 
of an Executive department or an independent establishment who 
is assigned to duty, except temporary duty, at a site so remote 
from the nearest established communities or suitable places of 
residence as to require an appreciable degree of expense, 
hardship, and inconvenience, beyond that normally encountered 
in metropolitan commuting, on the part of the employee in 
commuting to and from his residence and such worksite, is 
entitled, in addition to pay otherwise due him, to an allowance 
of not to exceed $10 a day. The allowance shall be paid under 
regulations prescribed by the President establishing the rates 
at which the allowance will be paid and defining and 
designating those sites, areas, and groups of positions to 
which the rates apply.
    (b) Under procedures prescribed by the President, the 
maximum allowance specified in subsection (a) may be adjusted 
from time to time in the interest of recruiting and retaining 
employees for performance of duty at remote worksites.

Sec. 5942a. Separate maintenance allowance for duty at Johnston Island

    (a) Notwithstanding section 5536 of this title, and under 
regulations prescribed by the President, an employee of an 
Executive agency (other than a Government corporation) who is 
assigned to a post of duty at Johnston Island, a possession of 
the United States in the Pacific Ocean, is entitled to receive 
a separate maintenance allowance if the head of the employing 
agency finds that--
            (1) it is necessary for the employee to maintain 
        the employee's spouse or dependents, or both, at a 
        location other than Johnston Island--
                    (A) by reason of dangerous or adverse 
                living conditions at Johnston Island; or
                    (B) for the convenience of the Federal 
                Government; and
            (2) the allowance is needed to help the employee 
        meet the additional expenses involved in maintaining 
        the employee's spouse or dependents, or both, at such 
        other location rather than at the post.
    (b) The regulations prescribed by the President shall 
include provisions for determining the rate at which an 
allowance under this section shall be paid.

Sec. 5943. Foreign currency appreciation allowances

    (a) The President, under such regulations as he may 
prescribe, may meet losses sustained by employees and members 
of the uniformed services while serving in a foreign country 
due to the appreciation of foreign currency in its relation to 
the American dollar. Allowances and expenditures under this 
section are not subject to income taxes.
    (b) Annual appropriations are authorized to carry out 
subsection (a) of this section and to cover any deficiency in 
the accounts of the Secretary of the Treasury, including 
interest, arising out of the arrangement approved by the 
President on July 27, 1933, for the conversion into foreign 
currency of checks and drafts of employees and members of the 
uniformed services for pay and expenses.
    (c) Payment under subsection (a) of this section may not be 
made to an employee or member of a uniformed service for a 
period during which his check or draft was converted into 
foreign currency under the arrangement referred to by 
subsection (b) of this section.
    (d) The President shall report annually to Congress all 
expenditures made under this section.

Sec. 5944. [Repealed. Pub. L. 98-164, title I, Sec. 127(b)(1), Nov. 22, 
                    1983, 97 Stat. 1027.]

Sec. 5945. Notary public commission expenses

    An employee as defined by section 2105 of this title or an 
individual employed by the government of the District of 
Columbia who is required to serve as a notary public in 
connection with the performance of official business is 
entitled to an allowance, established by the agency concerned, 
not in excess of the expense required to obtain the commission. 
Funds available to an agency concerned for personal services or 
general administrative expenses are available to carry out this 
section.

Sec. 5946. Membership fees; expenses of attendance at meetings; 
                    limitations

    Except as authorized by a specific appropriation, by 
express terms in a general appropriation, or by sections 4109 
and 4110 of this title, appropriated funds may not be used for 
payment of--
            (1) membership fees or dues of an employee as 
        defined by section 2105 of this title or an individual 
        employed by the government of the District of Columbia 
        in a society or association; or
            (2) expenses of attendance of an individual at 
        meetings or conventions of members of a society or 
        association.
This section does not prevent the use of appropriations for the 
Department of Agriculture for expenses incident to the delivery 
of lectures, the giving of instructions, or the acquiring of 
information at meetings by its employees on subjects relating 
to the authorized work of the Department.

Sec. 5947. Quarters, subsistence, and allowances for employees of the 
                    Corps of Engineers, Department of the Army, engaged 
                    in floating plant operations

    (a) An employee of the Corps of Engineers, Department of 
the Army, engaged in floating plant operations may be furnished 
quarters or subsistence, or both, on vessels, without charge, 
when the furnishing of the quarters or subsistence, or both, is 
determined to be equitable to the employee concerned, and 
necessary in the public interest, in connection with such 
operations.
    (b) Notwithstanding section 5536 of this title, an employee 
entitled to the benefits of subsection (a) of this section 
while on a vessel, may be paid, in place of these benefits, an 
allowance for quarters or subsistence, or both, when--
            (1) adverse weather conditions or similar 
        circumstances beyond the control of the employee or the 
        Corps of Engineers prevent transportation of the 
        employee from shore to the vessel; or
            (2) quarters or subsistence, or both, are not 
        available on the vessel while it is undergoing repairs.
    (c) The quarters or subsistence, or both, or allowance in 
place thereof, may be furnished or paid only under regulations 
prescribed by the Secretary of the Army.

Sec. 5948. Physicians comparability allowances

    (a) Notwithstanding any other provision of law, and in 
order to recruit and retain highly qualified Government 
physicians, the head of an agency, subject to the provisions of 
this section, section 5307, and such regulations as the 
President or his designee may prescribe, may enter into a 
service agreement with a Government physician which provides 
for such physician to complete a specified period of service in 
such agency in return for an allowance for the duration of such 
agreement in an amount to be determined by the agency head and 
specified in the agreement, but not to exceed--
            (1) $14,000 per annum if, at the time the agreement 
        is entered into, the Government physician has served as 
        a Government physician for twenty-four months or less, 
        or
            (2) $30,000 per annum if the Government physician 
        has served as a Government physician for more than 
        twenty-four months.
For the purpose of determining length of service as a 
Government physician, service as a physician under section 4104 
or 4114 of title 38 or active service as a medical officer in 
the commissioned corps of the Public Health Service under Title 
II of the Public Health Service Act (42 U.S.C. ch. 6A) shall be 
deemed service as a Government physician.
    (b) An allowance may not be paid pursuant to this section 
to any physician who--
            (1) is employed on less than a half-time or 
        intermittent basis,
            (2) occupies an internship or residency training 
        position,
            (3) is a reemployed annuitant, or
            (4) is fulfilling a scholarship obligation.
    (c) The head of an agency, pursuant to such regulations, 
criteria, and conditions as the President or his designee may 
prescribe, shall determine categories of positions applicable 
to physicians in such agency with respect to which there is a 
significant recruitment and retention problem. Only physicians 
serving in such positions shall be eligible for an allowance 
pursuant to this section. The amounts of each such allowance 
shall be determined by the agency head, subject to such 
regulations, criteria, and conditions as the President or his 
designee may prescribe, and shall be the minimum amount 
necessary to deal with the recruitment and retention problem 
for each such category of physicians.
    (d) Any agreement entered into by a physician under this 
section shall be for a period of one year of service in the 
agency involved unless the physician requests an agreement for 
a longer period of service.
    (e) Unless otherwise provided for in the agreement under 
subsection (f) of this section, an agreement under this section 
shall provide that the physician, in the event that such 
physician voluntarily, or because of misconduct, fails to 
complete at least one year of service pursuant to such 
agreement, shall be required to refund the total amount 
received under this section, unless the head of the agency, 
pursuant to such regulations as may be prescribed under this 
section by the President or his designee, determines that such 
failure is necessitated by circumstances beyond the control of 
the physician.
    (f) Any agreement under this section shall specify, subject 
to such regulations as the President or his designee may 
prescribe, the terms under which the head of the agency and the 
physician may elect to terminate such agreement, and the 
amounts, if any, required to be refunded by the physician for 
each reason for termination.
    (g) For the purpose of this section--
            (1) ``Government physician'' means any individual 
        employed as a physician or dentist who is paid under--
                    (A) section 5332 of this title, relating to 
                the General Schedule;
                    (B) Subchapter \1\ VIII of chapter 53 of 
                this title, relating to the Senior Executive 
                Service;
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    \1\ The first letter of the word ``Subchapter'' probably should be 
lowercase.
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                    (C) section 5371, relating to certain 
                health care positions;
                    (D) section 3 of the Tennessee Valley 
                Authority Act of 1933 (16 U.S.C. 831b), 
                relating to the Tennessee Valley Authority;
                    (E) chapter 4 of title I of the Foreign 
                Service Act of 1980 (22 U.S.C. 3961 and 
                following), relating to the Foreign Service;
                    (F) section 10 of the Central Intelligence 
                Agency Act of 1949 (50 U.S.C. 403j), relating 
                to the Central Intelligence Agency;
                    (G) section 1202 of the Panama Canal Act of 
                1979, relating to the Panama Canal Commission;
                    (H) section 2 of the Act of May 29, 1959 
                (Public Law 86-36, as amended, 50 U.S.C. 402 
                note), relating to the National Security 
                Agency;
                    (I) section 5376, relating to certain 
                senior-level positions;
                    (J) section 5377, relating to critical 
                positions; or
                    (K) subchapter IX of chapter 53, relating 
                to special occupational pay systems; and
            (2) ``agency'' means an Executive agency, as 
        defined in section 105 of this title, the Library of 
        Congress, and the District of Columbia government.
    (h)(1) Any allowance paid under this section shall not be 
considered as basic pay for the purposes of subchapter VI and 
section 5595 of chapter 55, chapter 81 or 87 of this title, or 
other benefits related to basic pay.
    (2) Any allowance under this section for a Government 
physician shall be paid in the same manner and at the same time 
as the physician's basic pay is paid.
    (i) Any regulations, criteria, or conditions that may be 
prescribed under this section by the President or his designee 
shall not be applicable to the Tennessee Valley Authority, and 
the Tennessee Valley Authority shall have sole responsibility 
for administering the provisions of this section with respect 
to Government physicians employed by the Authority.
    (j) Not later than June 30 of each year, the President 
shall submit to each House of Congress a written report on the 
operation of this section. Each report shall include, with 
respect to the year covered by such report, information as to--
            (1) which agencies entered into agreements under 
        this section;
            (2) the nature and extent of the recruitment or 
        retention problems justifying the use of authority by 
        each agency under this section;
            (3) the number of physicians with whom agreements 
        were entered into by each agency;
            (4) the size of the allowances and the duration of 
        the agreements entered into; and
            (5) the degree to which the recruitment or 
        retention problems referred to in paragraph (2) were 
        alleviated under this section.


                    Subpart E--Attendance and Leave

                       CHAPTER 61--HOURS OF WORK

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
6101.    Basic 40-hour workweek; work schedules; regulations.
[6102.   Repealed.]
6103.    Holidays.
6104.    Holidays; daily, hourly, and piece-work basis employees.
6105.    Closing of Executive departments.
6106.    Time clocks; restrictions.

          SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES

6120.    Purpose.
6121.    Definitions.
6122.    Flexible schedules; agencies authorized to use.
6123.    Flexible schedules; computation of premium pay.
6124.    Flexible schedules; holidays.
6125.    Flexible schedules; time-recording devices.
6126.    Flexible schedules; credit hours; accumulation and 
          compensation.
6127.    Compressed schedules; agencies authorized to use.
6128.    Compressed schedules; computation of premium pay.
6129.    Administration of leave and retirement provisions.
6130.    Application of programs in the case of collective bargaining 
          agreements.
6131.    Criteria and review.
6132.    Prohibition of coercion.
6133.    Regulations; technical assistance; program review.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 6101. Basic 40-hour workweek; work schedules; regulations

    (a)(1) For the purpose of this subsection, ``employee'' 
includes an employee of the government of the District of 
Columbia and an employee whose pay is fixed and adjusted from 
time to time under section 5343 or 5349 of this title, or by a 
wage board or similar administrative authority serving the same 
purpose, but does not include an employee or individual 
excluded from the definition of employee in section 5541(2) of 
this title, except as specifically provided under this 
paragraph.
    (2) The head of each Executive agency, military department, 
and of the government of the District of Columbia shall--
            (A) establish a basic administrative workweek of 40 
        hours for each full-time employee in his organization; 
        and
            (B) require that the hours of work within that 
        workweek be performed within a period of not more than 
        6 of any 7 consecutive days.
    (3) Except when the head of an Executive agency, a military 
department, or of the government of the District of Columbia 
determines that his organization would be seriously handicapped 
in carrying out its functions or that costs would be 
substantially increased, he shall provide, with respect to each 
employee in his organization, that--
            (A) assignments to tours of duty are scheduled in 
        advance over periods of not less than 1 week
            (B) the basic 40-hour workweek is scheduled on 5 
        days, Monday through Friday when possible, and the 2 
        days outside the basic workweek are consecutive;
            (C) the working hours in each day in the basic 
        workweek are the same;
            (D) the basic nonovertime workday may not exceed 8 
        hours;
            (E) the occurrence of holidays may not affect the 
        designation of the basic workweek; and
            (F) breaks in working hours of more than 1 hour may 
        not be scheduled in a basic workday.
    (4) Notwithstanding paragraph (3) of this subsection, the 
head of an Executive agency, a military department, or of the 
government of the District of Columbia may establish special 
tours of duty, of not less than 40 hours, to enable employees 
to take courses in nearby colleges, universities, or other 
educational institutions that will equip them for more 
effective work in the agency. Premium pay may not be paid to an 
employee solely because his special tour of duty established 
under this paragraph results in his working on a day or at a 
time of day for which premium pay is otherwise authorized.
    (5) The Architect of the Capitol may apply this subsection 
to employees under the Office of the Architect of the Capitol 
or the Botanic Garden. The Librarian of Congress may apply this 
subsection to employees under the Library of Congress.
    (b)(1) For the purpose of this subsection, ``agency'' and 
``employee'' have the meanings given them by section 5541 of 
this title.
    (2) To the maximum extent practicable, the head of an 
agency shall schedule the time to be spent by an employee in a 
travel status away from his official duty station within the 
regularly scheduled workweek of the employee.
    (c) The Office of Personnel Management may prescribe 
regulations, subject to the approval of the President, 
necessary for the administration of this section insofar as 
this section affects employees in or under an Executive agency.

[Sec. 6102. Repealed. Pub. L. 92-392, Sec. 7(a), Aug. 19, 1972, 86 
                    Stat. 573.]

Sec. 6103. Holidays

    (a) The following are legal public holidays:
            New Year's Day, January 1.
            Birthday of Martin Luther King, Jr., the third 
        Monday in January.
            Washington's Birthday, the third Monday in 
        February.
            Memorial Day, the last Monday in May.
            Independence Day, July 4.
            Labor Day, the first Monday in September.
            Columbus Day, the second Monday in October.
            Veterans Day, November 11.
            Thanksgiving Day, the fourth Thursday in November.
            Christmas Day, December 25.
    (b) For the purpose of statutes relating to pay and leave 
of employees, with respect to a legal public holiday and any 
other day declared to be a holiday by Federal statute or 
Executive order, the following rules apply:
            (1) Instead of a holiday that occurs on a Saturday, 
        the Friday immediately before is a legal holiday for--
                    (A) employees whose basic workweek is 
                Monday through Friday; and
                    (B) the purpose of section 6309 of this 
                title.\1\
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    \1\ Section 6309 of this title was repealed by section 2(26) of 
Public Law 94-183 (89 Stat. 1058).
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            (2) Instead of a holiday that occurs on a regular 
        weekly non-workday of an employee whose basic workweek 
        is other than Monday through Friday, except the regular 
        weekly non-workday administratively scheduled for the 
        employee instead of Sunday, the workday immediately 
        before that regular weekly nonworkday is a legal public 
        holiday for the employee.
            (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.
This subsection, except subparagraph (B) of paragraph (1), does 
not apply to an employee whose basic workweek is Monday through 
Saturday.
    (c) January 20 of each fourth year after 1965, Inauguration 
Day, is a legal public holiday for the purpose of statutes 
relating to pay and leave of employees as defined by section 
2105 of this title and individuals employed by the government 
of the District of Columbia employed in the District of 
Columbia, Montgomery and Prince Georges Counties in Maryland, 
Arlington and Fairfax Counties in Virginia, and the cities of 
Alexandria and Falls Church in Virginia. When January 20 of any 
fourth year after 1965 falls on Sunday, the next succeeding day 
selected for the public observance of the inauguration of the 
President is a legal public holiday for the purpose of this 
subsection.
    (d)(1) For purposes of this subsection--
            (A) the term ``compressed schedule'' has the 
        meaning given such term by section 6121(5); and
            (B) the term ``adverse agency impact'' has the 
        meaning given such term by section 6131(b).
    (2) An agency may prescribe rules under which employees on 
a compressed schedule may, in the case of a holiday that occurs 
on a regularly scheduled non-workday for such employees, and 
notwithstanding any other provision of law or the terms of any 
collective bargaining agreement, be required to observe such 
holiday on a workday other than as provided by subsection (b), 
if the agency head determines that it is necessary to do so in 
order to prevent an adverse agency impact.

Sec. 6104. Holidays; daily, hourly, and piece-work basis employees

    When a regular employee as defined by section 2105 of this 
title or an individual employed regularly by the government of 
the District of Columbia, whose pay is fixed at a daily or 
hourly rate, or on a piece-work basis, is relieved or prevented 
from working on a day--
            (1) on which agencies are closed by Executive 
        order, or, for individuals employed by the government 
        of the District of Columbia, by order of the Mayor;
            (2) by administrative order under regulations 
        issued by the President, or, for individuals employed 
        by the government of the District of Columbia, by the 
        Council of the District of Columbia; or
            (3) solely because of the occurrence of a legal 
        public holiday under section 6103 of this title, or a 
        day declared a holiday by Federal statute, Executive 
        order, or, for individuals employed by the government 
        of the District of Columbia, by order of the Mayor;
he is entitled to the same pay for that day as for a day on 
which an ordinary day's work is performed.

Sec. 6105. Closing of Executive departments

    An Executive department may not be closed as a mark to the 
memory of a deceased former official of the United States.

Sec. 6106. Time clocks; restrictions

    A recording clock may not be used to record time of an 
employee of an Executive department in the District of 
Columbia, except that the Bureau of Engraving and Printing may 
use such recording clocks.


         SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES

Sec. 6120. Purpose

    The Congress finds that the use of flexible and compressed 
work schedules has the potential to improve productivity in the 
Federal Government and provide greater service to the public.

Sec. 6121. Definitions

    For purposes of this subchapter--
            (1) ``agency'' means any Executive agency, any 
        military department, the Government Printing Office, 
        and the Library of Congress;
            (2) ``employee'' has the meaning given the term in 
        subsection (a) of section 2105 of this title, except 
        that such term also includes an employee described in 
        subsection (c) of that section;
            (3) ``basic work requirement'' means the number of 
        hours, excluding overtime hours, which an employee is 
        required to work or is required to account for by leave 
        or otherwise;
            (4) ``credit hours'' means any hours, within a 
        flexible schedule established under section 6122 of 
        this title, which are in excess of an employee's basic 
        work requirement and which the employee elects to work 
        so as to vary the length of a workweek or a workday;
            (5) ``compressed schedule'' means--
                    (A) in the case of a full-time employee, an 
                80-hour biweekly basic work requirement which 
                is scheduled for less than 10 workdays, and
                    (B) in the case of a part-time employee, a 
                biweekly basic work requirement of less than 80 
                hours which is scheduled for less than 10 
                workdays;
            (6) ``overtime hours'', when used with respect to 
        flexible schedule programs under sections 6122 through 
        6126 of this title, means all hours in excess of 8 
        hours in a day or 40 hours in a week which are 
        officially ordered in advance, but does not include 
        credit hours;
            (7) ``overtime hours'', when used with respect to 
        compressed schedule programs under sections 6127 and 
        6128 of this title, means any hours in excess of those 
        specified hours which constitute the compressed 
        schedule; and
            (8) ``collective bargaining'', ``collective 
        bargaining agreement'', and ``exclusive 
        representative'' have the same meanings given such 
        terms--
                    (A) by section 7103(a)(12), (8), and (16) 
                of this title, respectively, in the case of any 
                unit covered by chapter 71 of this title; and
                    (B) in the case of any other unit, by the 
                corresponding provisions applicable under the 
                personnel system covering this unit.

Sec. 6122. Flexible schedules; agencies authorized to use

    (a) Notwithstanding section 6101 of this title, each agency 
may establish, in accordance with this subchapter, programs 
which allow the use of flexible schedules which include--
            (1) designated hours and days during which an 
        employee on such a schedule must be present for work; 
        and
            (2) designated hours during which an employee on 
        such a schedule may elect the time of such employee's 
        arrival at and departure from work, solely for such 
        purpose or, if and to the extent permitted, for the 
        purpose of accumulating credit hours to reduce the 
        length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall 
be subject to limitations generally prescribed to ensure that 
the duties and requirements of the employee's position are 
fulfilled.
    (b) Notwithstanding any other provision of this subchapter, 
but subject to the terms of any written agreement referred to 
in section 6130(a) of this title, if the head of an agency 
determines that any organization within the agency which is 
participating in a program under subsection (a) is being 
substantially disrupted in carrying out its functions or is 
incurring additional costs because of such participation, such 
agency head may--
            (1) restrict the employees' choice of arrival and 
        departure time,
            (2) restrict the use of credit hours, or
            (3) exclude from such program any employee or group 
        of employees.

Sec. 6123. Flexible schedules; computation of premium pay

    (a) For purposes of determining compensation for overtime 
hours in the case of an employee participating in a program 
under section 6122 of this title--
            (1) the head of an agency may, on request of the 
        employee, grant the employee compensatory time off in 
        lieu of payment for such overtime hours, whether or not 
        irregular or occasional in nature and notwithstanding 
        the provisions of sections 5542(a), 5543(a)(1) and 
        section 5544(a) of this title, section 7453(e) of title 
        38, section 7 of the Fair Labor Standards Act (29 
        U.S.C. 207), or any other provision of law; or
            (2) the employee shall be compensated for such 
        overtime hours in accordance with such provisions, as 
        applicable.
    (b) Notwithstanding the provisions of law referred to in 
subsection (a)(1) of this section, an employee shall not be 
entitled to be compensated for credit hours worked except to 
the extent authorized under section 6126 of this title or to 
the extent such employee is allowed to have such hours taken 
into account with respect to the employee's basic work 
requirement.
    (c)(1) Notwithstanding section 5545(a) of this title, 
premium pay for nightwork will not be paid to an employee 
otherwise subject to such section solely because the employee 
elects to work credit hours, or elects a time of arrival or 
departure, at a time of day for which such premium pay is 
otherwise authorized, except that--
            (A) if an employee is on a flexible schedule under 
        which--
                    (i) the number of hours during which such 
                employee must be present for work, plus
                    (ii) the number of hours during which such 
                employee may elect to work credit hours or 
                elect the time of arrival at and departure from 
                work,
        which occur outside of the nightwork hours designated 
        in or under such section 5545(a) total less than 8 
        hours, such premium pay shall be paid for those hours 
        which, when combined with such total, do not exceed 8 
        hours, and
            (B) if an employee is on a flexible schedule under 
        which the hours that such employee must be present for 
        work include any hours designated in or under such 
        section 5545(a), such premium pay shall be paid for 
        such hours so designated.
    (2) Notwithstanding section 5343(f) of this title, and 
section 7453(b) of title 38, night differential will not be 
paid to any employee otherwise subject to either of such 
sections solely because such employee elects to work credit 
hours, or elects a time of arrival or departure, at a time of 
day for which night differential is otherwise authorized, 
except that such differential shall be paid to an employee on a 
flexible schedule under this subchapter--
            (A) in the case of an employee subject to 
        subsection (f) of such section 5343, for which all or a 
        majority of the hours of such schedule for any day fall 
        between the hours specified in such subsection, or
            (B) in the case of an employee subject to 
        subsection (b) of such section 7453, for which 4 hours 
        of such schedule fall between the hours specified in 
        such subsection.

Sec. 6124. Flexible schedules; holidays

    Notwithstanding sections 6103 and 6104 of this title, if 
any employee on a flexible schedule under section 6122 of this 
title is relieved or prevented from working on a day designated 
as a holiday by Federal statute or Executive order, such 
employee is entitled to pay with respect to that day for 8 
hours (or, in the case of a part-time employee, an appropriate 
portion of the employee's biweekly basic work requirement as 
determined under regulations prescribed by the Office of 
Personnel Management).

Sec. 6125. Flexible schedules; time-recording devices

    Notwithstanding section 6106 of this title, the Office of 
Personnel Management or any agency may use recording clocks as 
part of programs under section 6122 of this title.

Sec. 6126. Flexible schedules; credit hours; accumulation and 
                    compensation

    (a) Subject to any limitation prescribed by the Office of 
Personnel Management or the agency, a full-time employee on a 
flexible schedule can accumulate not more than 24 credit hours, 
and a part-time employee can accumulate not more than one-
fourth of the hours in such employee's biweekly basic work 
requirement, for carryover from a biweekly pay period to a 
succeeding biweekly pay period for credit to the basic work 
requirement for such period.
    (b) Any employee who is on a flexible schedule program 
under section 6122 of this title and who is no longer subject 
to such a program shall be paid at such employee's then current 
rate of basic pay for--
            (1) in the case of a full-time employee, not more 
        than 24 credit hours accumulated by such employee, or
            (2) in the case of a part-time employee, the number 
        of credit hours (not in excess of one-fourth of the 
        hours in such employee's biweekly basic work 
        requirement) accumulated by such employee.

Sec. 6127. Compressed schedules; agencies authorized to use

    (a) Notwithstanding section 6101 of this title, each agency 
may establish programs which use a 4-day workweek or other 
compressed schedule.
    (b)(1) An employee in a unit with respect to which an 
organization of Government employees has not been accorded 
exclusive recognition shall not be required to participate in 
any program under subsection (a) unless a majority of the 
employees in such unit who, but for this paragraph, would be 
included in such program have voted to be so included.
    (2) Upon written request to any agency by an employee, the 
agency, if it determines that participation in a program under 
subsection (a) would impose a personal hardship on such 
employee, shall--
            (A) except such employee from such program; or
            (B) reassign such employee to the first position 
        within the agency--
                    (i) which becomes vacant after such 
                determination,
                    (ii) which is not included within such 
                program,
                    (iii) for which such employee is qualified, 
                and
                    (iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made 
not later than 10 days after the day on which a written request 
for such determination is received by the agency.

Sec. 6128. Compressed schedules; computation of premium pay

    (a) The provisions of sections 5542(a) and 5544(a) of this 
title, section 7453(e) of title 38, section 7 of the Fair Labor 
Standards Act (29 U.S.C. 207), or any other law, which relate 
to premium pay for overtime work, shall not apply to the hours 
which constitute a compressed schedule.
    (b) In the case of any full-time employee, hours worked in 
excess of the compressed schedule shall be overtime hours and 
shall be paid for as provided by the applicable provisions 
referred to in subsection (a) of this section. In the case of 
any part-time employee on a compressed schedule, overtime pay 
shall begin to be paid after the same number of hours of work 
after which a full-time employee on a similar schedule would 
begin to receive overtime pay.
    (c) Notwithstanding section 5544(a) or 5546(a) of this 
title, or any other applicable provision of law, in the case of 
any full-time employee on a compressed schedule who performs 
work (other than overtime work) on a tour of duty for any 
workday a part of which is performed on a Sunday, such employee 
is entitled to pay for work performed during the entire tour of 
duty at the rate of such employee's basic pay, plus premium pay 
at a rate equal to 25 percent of such basic pay rate.
    (d) Notwithstanding section 5546(b) of this title, an 
employee on a compressed schedule who performs work on a 
holiday designated by Federal statute or Executive order is 
entitled to pay at the rate of such employee's basic pay, plus 
premium pay at a rate equal to such basic pay rate, for such 
work which is not in excess of the basic work requirement of 
such employee for such day. For hours worked on such a holiday 
in excess of the basic work requirement for such day, the 
employee is entitled to premium pay in accordance with the 
provisions of section 5542(a) or 5544(a) of this title, as 
applicable, or the provisions of section 7 of the Fair Labor 
Standards Act (29 U.S.C. 207) whichever provisions are more 
beneficial to the employee.

Sec. 6129. Administration of leave and retirement provisions

    For purposes of administering sections 6303(a), 6304, 
6307(a) and (c) \1\, 6323, 6326, 6327, and 8339(m) of this 
title, in the case of an employee who is in any program under 
this subchapter, references to a day or workday (or to 
multiples or parts thereof) contained in such sections shall be 
considered to be references to 8 hours (or to the respective 
multiples or parts thereof).
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    \1\ Section 629(b)(2) of Public Law 103-329 (108 Stat. 2423) 
amended this section by striking ``6307 (a) and (c),'' and inserting 
``6307 (a) and (d)''. The amendment was unexecutable because there 
appeared a space between ``6307'' and ``(a)''.
---------------------------------------------------------------------------

Sec. 6130. Application of programs in the case of collective bargaining 
                    agreements

    (a)(1) In the case of employees in a unit represented by an 
exclusive representative, any flexible or compressed work 
schedule, and the establishment and termination of any such 
schedule, shall be subject to the provisions of this subchapter 
and the terms of a collective bargaining agreement between the 
agency and the exclusive representative.
    (2) Employees within a unit represented by an exclusive 
representative shall not be included within any program under 
this subchapter except to the extent expressly provided under a 
collective bargaining agreement between the agency and the 
exclusive representative.
    (b) An agency may not participate in a flexible or 
compressed schedule program under a collective bargaining 
agreement which contains premium pay provisions which are 
inconsistent with the provisions of section 6123 or 6128 of 
this title, as applicable.

Sec. 6131. Criteria and review

    (a) Notwithstanding the preceding provisions of this 
subchapter or any collective bargaining agreement and subject 
to subsection (c) of this section, if the head of an agency 
finds that a particular flexible or compressed schedule under 
this subchapter has had or would have an adverse agency impact, 
the agency shall promptly determine not to--
            (1) establish such schedule; or
            (2) continue such schedule, if the schedule has 
        already been established.
    (b) For purposes of this section, ``adverse agency impact'' 
means--
            (1) a reduction of the productivity of the agency;
            (2) a diminished level of services furnished to the 
        public by the agency; or
            (3) an increase in the cost of agency operations 
        (other than a reasonable administrative cost relating 
        to the process of establishing a flexible or compressed 
        schedule).
    (c)(1) This subsection shall apply in the case of any 
schedule covering employees in a unit represented by an 
exclusive representative.
    (2)(A) If an agency and an exclusive representative reach 
an impasse in collective bargaining with respect to an agency 
determination under subsection (a)(1) not to establish a 
flexible or compressed schedule, the impasse shall be presented 
to the Federal Service Impasses Panel (hereinafter in this 
section referred to as the ``Panel'').
    (B) The Panel shall promptly consider any case presented 
under subparagraph (A), and shall take final action in favor of 
the agency's determination if the finding on which it is based 
is supported by evidence that the schedule is likely to cause 
an adverse agency impact.
    (3)(A) If an agency and an exclusive representative have 
entered into a collective bargaining agreement providing for 
use of a flexible or compressed schedule under this subchapter 
and the head of the agency determines under subsection (a)(2) 
to terminate a flexible or compressed schedule, the agency may 
reopen the agreement to seek termination of the schedule 
involved.
    (B) If the agency and exclusive representative reach an 
impasse in collective bargaining with respect to terminating 
such schedule, the impasse shall be presented to the Panel.
    (C) The Panel shall promptly consider any case presented 
under subparagraph (B), and shall rule on such impasse not 
later than 60 days after the date the Panel is presented the 
impasse. The Panel shall take final action in favor of the 
agency's determination to terminate a schedule if the finding 
on which the determination is based is supported by evidence 
that the schedule has caused an adverse agency impact.
    (D) Any such schedule may not be terminated until--
            (i) the agreement covering such schedule is 
        renegotiated or expires or terminates pursuant to the 
        terms of that agreement; or
            (ii) the date of the Panel's final decision, if an 
        impasse arose in the reopening of the agreement under 
        subparagraph (A) of this paragraph.
    (d) This section shall not apply with respect to flexible 
schedules that may be established without regard to the 
authority provided under this subchapter.

Sec. 6132. Prohibition of coercion

    (a) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or 
coerce, any other employee for the purpose of interfering 
with--
            (1) such employee's rights under sections 6122 
        through 6126 of this title to elect a time of arrival 
        or departure, to work or not to work credit hours, or 
        to request or not to request compensatory time off in 
        lieu of payment for overtime hours; or
            (2) such employee's right under section 6127(b)(1) 
        of this title to vote whether or not to be included 
        within a compressed schedule program or such employee's 
        right to request an agency determination under section 
        6127(b)(2) of this title.
    (b) For the purpose of subsection (a), the term 
``intimidate, threaten, or coerce'' includes, but is not 
limited to, promising to confer or conferring any benefit (such 
as appointment, promotion, or compensation), or effecting or 
threatening to effect any reprisal (such as deprivation of 
appointment, promotion, or compensation).

Sec. 6133. Regulations; technical assistance; program review

    (a) The Office of Personnel Management shall prescribe 
regulations necessary for the administration of the programs 
established under this subchapter.
    (b)(1) The Office shall provide educational material, and 
technical aids and assistance, for use by an agency in 
connection with establishing and maintaining programs under 
this subchapter.
    (2) In order to provide the most effective materials, aids, 
and assistance under paragraph (1), the Office shall conduct 
periodic reviews of programs established by agencies under this 
subchapter particularly insofar as such programs may affect--
            (A) the efficiency of Government operations;
            (B) mass transit facilities and traffic;
            (C) levels of energy consumption;
            (D) service to the public;
            (E) increased opportunities for full-time and part-
        time employment; and
            (F) employees' job satisfaction and nonworklife.
    (c)(1) With respect to employees in the Library of 
Congress, the authority granted to the Office of Personnel 
Management under this subchapter shall be exercised by the 
Librarian of Congress.
    (2) With respect to employees in the Government Printing 
Office, the authority granted to the Office of Personnel 
Management under this subchapter shall be exercised by the 
Public Printer.


                           CHAPTER 63--LEAVE

                   SUBCHAPTER I--ANNUAL AND SICK LEAVE

Sec.
6301.    Definitions.
6302.    General provisions.
6303.    Annual leave; accrual.
6304.    Annual leave; accumulation.
6305.    Home leave; leave for Chiefs of Missions; leave for crews of 
          vessels.
6306.    Annual leave; refund of lump-sum payment; recredit of annual 
          leave.
6307.    Sick leave; accrual and accumulation.
6308.    Transfers between positions under different leave systems.
[6309.   Repealed.]
6310.    Leave of absence; aliens.
6311.    Regulations.
6312.    Accrual and accumulation for former ASCS county office and 
          nonappropriated fund employees.

                     SUBCHAPTER II--OTHER PAID LEAVE

6321.    Absence of veterans to attend funeral services.
6322.    Leave for jury or witness service; official duty status for 
          certain witness service.
6323.    Military leave; Reserves and National Guardsmen.
6324.    Absence of certain police and firemen.
6325.    Absence resulting from hostile action abroad.
6326.    Absence in connection with funerals of immediate relatives in 
          the Armed Forces.
6327.    Absence in connection with serving as a bone-marrow or organ 
          donor.
6328.    Absence in connection with funerals of fellow Federal law 
          enforcement officers.

              SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE

6331.    Definitions.
6332.    General authority.
6333.    Receipt and use of transferred leave.
6334.    Donations of leave.
6335.    Termination of medical emergency.
6336.    Restoration of transferred leave.
6337.    Accrual of leave.
6338.    Prohibition of coercion.
6339.    Additional leave transfer programs.
6340.    Inapplicability of certain provisions.

               SUBCHAPTER IV--VOLUNTARY LEAVE BANK PROGRAM

6361.    Definitions.
6362.    General authority.
6363.    Establishment of leave banks.
6364.    Establishment of Leave Bank Boards.
6365.    Contributions of annual leave.
6366.    Eligibility for leave recipients.
6367.    Receipt and use of leave from a leave bank.
6368.    Termination of medical emergency.
6369.    Restoration of transferred leave.
6370.    Prohibition of coercion.
6371.    Accrual of leave.
6372.    Additional leave bank programs.
6373.    Authority to participate in both programs.

                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

6381.    Definitions.
6382.    Leave requirement.
6383.    Certification.
6384.    Employment and benefits protection.
6385.    Prohibition of coercion.
6386.    Health insurance.
6387.    Regulations.

       SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

6391.    Authority for leave transfer program in disasters and 
          emergencies.

                  SUBCHAPTER I--ANNUAL AND SICK LEAVE

Sec. 6301. Definitions

    For the purpose of this subchapter--
            (1) ``United States'', when used in a geographical 
        sense means the several States and the District of 
        Columbia; and
            (2) ``employee'' means--
                    (A) an employee as defined by section 2105 
                of this title; and
                    (B) an individual first employed by the 
                government of the District of Columbia before 
                October 1, 1987; \1\
---------------------------------------------------------------------------
    \1\ Section 207(c) of Public Law 99-335 (June 6, 1986), as amended 
by section 201 of Public Law 99-556 (October 27, 1986), provides as 
follows:
    (c)(1) Amendment to Section 6301.--Section 6301(2)(B) of title 5, 
United States Code, is amended to read as follows:
---------------------------------------------------------------------------

          ``(B) an individual first employed by the government of the 
        District of Columbia before October 1, 1987;''.
---------------------------------------------------------------------------
    (2) The amendment made by paragraph (1) shall not result in the 
coverage, under subchapter I of chapter 63 of title 5, United States 
Code, of any individual (or class of individuals) employed by the 
government of the District of Columbia who would not have been covered 
under such subchapter if such amendment had not been made.
---------------------------------------------------------------------------
            but does not include--
                    (i) a teacher or librarian of the public 
                schools of the District of Columbia;
                    (ii) a part-time employee who does not have 
                an established regular tour of duty during the 
                administrative workweek;
                    (iii) a temporary employee engaged in 
                construction work at an hourly rate;
                    (iv) an employee of the Panama Canal 
                Commission when employed on the Isthmus of 
                Panama;
                    (v) a physician, dentist, or nurse in the 
                Veterans Health Administration of the 
                Department of Veterans Affairs;
                    (vi) an employee of either House of 
                Congress or of the two Houses;
                    (vii) an employee of a corporation 
                supervised by the Farm Credit Administration if 
                private interests elect or appoint a member of 
                the board of directors;
                    (viii) an alien employee who occupies a 
                position outside the United States, except as 
                provided by section 6310 of this title;
                    (ix) a ``teacher'' or an individual holding 
                a ``teaching position'' as defined by section 
                901 of title 20;
                    (x) an officer in the executive branch or 
                in the government of the District of Columbia 
                who is appointed by the President and whose 
                rate of basic pay exceeds the highest rate 
                payable under section 5332 of this title;
                    (xi) an officer in the executive branch or 
                in the government of the District of Columbia 
                who is designated by the President, except a 
                postmaster, United States attorney, or United 
                States marshal;
                    (xii) a chief of mission (as defined in 
                section 102(a)(3) of the Foreign Service Act of 
                1980); or
                    (xiii) an officer in the legislative or 
                judicial branch who is appointed by the 
                President.
Notwithstanding clauses (x)-(xii) of paragraph (2), the term 
``employee'' includes any member of the Senior Foreign Service 
or any Foreign Service officer (other than a member or officer 
serving as chief of mission or in a position which requires 
appointment by and with the advice and consent of the Senate) 
and any member of the Foreign Service commissioned as a 
diplomatic or consular officer, or both, under section 312 of 
the Foreign Service Act of 1980.

Sec. 6302. General provisions

    (a) The days of leave provided by this subchapter are days 
on which an employee would otherwise work and receive pay and 
are exclusive of holidays and nonworkdays established by 
Federal statute, Executive order, or administrative order.
    (b) For the purpose of this subchapter an employee is 
deemed employed for a full biweekly pay period if he is 
employed during the days within that period, exclusive of 
holidays and nonworkdays established by Federal statute, 
Executive order, or administrative order, which fall within his 
basic administrative workweek.
    (c) A part-time employee, unless otherwise excepted, is 
entitled to the benefits provided by subsection (d) of this 
section and sections 6303, 6304(a), (b), 6305(a), 6307, and 
6310 of this title on a pro rata basis.
    (d) The annual leave provided by this subchapter, including 
annual leave that will accrue to an employee during the year, 
may be granted at any time during the year as the head of the 
agency concerned may prescribe.
    (e) If an officer excepted from this subchapter by section 
6301(2)(x)-(xiii) of this title, without a break in service, 
again becomes subject to this subchapter on completion of his 
service as an excepted officer, the unused annual and sick 
leave standing to his credit when he was excepted from this 
subchapter is deemed to have remained to his credit.
    (f) An employee who uses excess annual leave credited 
because of administrative error may elect to refund the amount 
received for the days of excess leave by lump-sum or 
installment payments or to have the excess leave carried 
forward as a charge against later-accruing annual leave, unless 
repayment is waived under section 5584 of this title.
    (g) An employee who is being involuntarily separated from 
an agency due to a reduction in force or transfer of function 
under subchapter I of chapter 35 or section 3595 may elect to 
use annual leave to the employee's credit to remain on the 
agency's rolls after the date the employee would otherwise have 
been separated if, and only to the extent that, such additional 
time in a pay status will enable the employee to qualify for an 
immediate annuity under section 8336, 8412, 8414, or to qualify 
to carry health benefits coverage into retirement under section 
8905(b).

Sec. 6303. Annual leave; accrual

    (a) An employee is entitled to annual leave with pay which 
accrues as follows--
            (1) one-half day for each full biweekly pay period 
        for an employee with less than 3 years of service;
            (2) three-fourths day for each full biweekly pay 
        period, except that the accrual for the last full 
        biweekly pay period in the year is one and one-fourth 
        days, for an employee with 3 but less than 15 years of 
        service; and
            (3) one day for each full biweekly pay period for 
        an employee with 15 or more years of service.
In determining years of service, an employee is entitled to 
credit for all service of a type that would be creditable under 
section 8332, regardless of whether or not the employee is 
covered by subchapter III of chapter 83. However, an employee 
who is a retired member of a uniformed service as defined by 
section 3501 of this title is entitled to credit for active 
military service only if--
            (A) his retirement was based on disability--
                    (i) resulting from injury or disease 
                received in line of duty as a direct result of 
                armed conflict; or
                    (ii) caused by an instrumentality of war 
                and incurred in line of duty during a period of 
                war as defined by sections 101 and 301 of title 
                38;
            (B) that service was performed in the armed forces 
        during a war, or in a campaign or expedition for which 
        a campaign badge has been authorized; or
            (C) on November 30, 1964, he was employed in a 
        position to which this subchapter applies and 
        thereafter he continued to be so employed without a 
        break in service of more than 30 days.
The determination of years of service may be made on the basis 
of an affidavit of the employee. Leave provided by this 
subchapter accrues to an employee who is not paid on the basis 
of biweekly pay periods on the same basis as it would accrue if 
the employee were paid on the basis of biweekly pay periods.
    (b) Notwithstanding subsection (a) of this section, an 
employee whose current employment is limited to less than 90 
days is entitled to annual leave under this subchapter only 
after being currently employed for a continuous period of 90 
days under successive appointments without a break in service. 
After completing the 90-day period, the employee is entitled to 
be credited with the leave that would have accrued to him under 
subsection (a) of this section except for this subsection.
    (c) A change in the rate of accrual of annual leave by an 
employee under this section takes effect at the beginning of 
the pay period after the pay period, or corresponding period 
for an employee who is not paid on the basis of biweekly pay 
periods, in which the employee completed the prescribed period 
of service.
    (d) Leave granted under this subchapter is exclusive of 
time actually and necessarily occupied in going to or from a 
post of duty and time necessarily occupied awaiting 
transportation, in the case of an employee--
            (1) to whom section 6304(b) of this title applies;
            (2) whose post of duty is outside the United 
        States; and
            (3) who returns on leave to the United States, or 
        to his place of residence, which is outside the area of 
        employment, in its territories or possessions including 
        the Commonwealth of Puerto Rico.
This subsection does not apply to more than one period of leave 
in a prescribed tour of duty at a post outside the United 
States.

Sec. 6304. Annual leave; accumulation

    (a) Except as provided by subsections (b), (d), (e), (f), 
and (g) of this section, annual leave provided by section 6303 
of this title, which is not used by an employee, accumulates 
for use in succeeding years until it totals not more than 30 
days at the beginning of the first full bi-weekly pay period, 
or corresponding period for an employee who is not paid on the 
basis of biweekly pay periods, occurring in a year.
    (b) Annual leave not used by an employee of the Government 
of the United States in one of the following classes of 
employees stationed outside the United States accumulates for 
use in succeeding years until it totals not more than 45 days 
at the beginning of the first full biweekly pay period, or 
corresponding period for an employee who is not paid on the 
basis of biweekly pay periods, occurring in a year:
            (1) Individuals directly recruited or transferred 
        by the Government of the United States from the United 
        States or its territories or possessions including the 
        Commonwealth of Puerto Rico for employment outside the 
        area of recruitment or from which transferred.
            (2) Individuals employed locally but--
                    (A)(i) who were originally recruited from 
                the United States or its territories or 
                possessions including the Commonwealth of 
                Puerto Rico but outside the area of employment;
                    (ii) who have been in substantially 
                continuous employment by other agencies of the 
                United States, United States firms, interests, 
                or organizations, international organizations 
                in which the United States participates, or 
                foreign governments; and
                    (iii) whose conditions of employment 
                provide for their return transportation to the 
                United States or its territories or possessions 
                including the Commonwealth of Puerto Rico; or
                    (B)(i) who were at the time of employment 
                temporarily absent, for the purpose of travel 
                or formal study, from the United States, or 
                from their respective places of residence in 
                its territories or possessions including the 
                Commonwealth of Puerto Rico; and
                    (ii) who, during the temporary absence, 
                have maintained residence in the United States 
                or its territories or possessions including the 
                Commonwealth of Puerto Rico but outside the 
                area of employment.
            (3) Individuals who are not normally residents of 
        the area concerned and who are discharged from service 
        in the armed forces to accept employment with an agency 
        of the Government of the United States.
    (c) Annual leave in excess of the amount allowable--
            (1) under subsection (a) or (b) of this section 
        which was accumulated under earlier statute; or
            (2) under subsection (a) of this section which was 
        accumulated under subsection (b) of this section by an 
        employee who becomes subject to subsection (a) of this 
        section;
remains to the credit of the employee until used. The excess 
annual leave is reduced at the beginning of the first full 
biweekly pay period, or corresponding period for an employee 
who is not paid on the basis of biweekly pay periods, occurring 
in a year, by the amount of annual leave the employee used 
during the preceding year in excess of the amount which accrued 
during that year, until the employee's accumulated leave does 
not exceed the amount allowed under subsection (a) or (b) of 
this section, as appropriate.
    (d)(1) Annual leave which is lost by operation of this 
section because of--
            (A) administrative error when the error causes a 
        loss of annual leave otherwise accruable after June 30, 
        1960;
            (B) exigencies of the public business when the 
        annual leave was scheduled in advance; or
            (C) sickness of the employee when the annual leave 
        was scheduled in advance;
shall be restored to the employee.
    (2) Annual leave restored under paragraph (1) of this 
subsection, or under clause (2) of section 5562(a) of this 
title, which is in excess of the maximum leave accumulation 
permitted by law shall be credited to a separate leave account 
for the employee and shall be available for use by the employee 
within the time limits prescribed by regulations of the Office 
of Personnel Management. Leave credited under this paragraph 
but unused and still available to the employee under the 
regulations prescribed by the Office shall be included in the 
lump-sum payment under section 5551 or 5552(1) of this title 
but may not be retained to the credit of the employee under 
section 5552(2) of this title.
    (3)(A) For the purpose of this subsection, the closure of, 
and any realignment with respect to, an installation of the 
Department of Defense pursuant to the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) during any period, the closure of 
an installation of the Department of Defense in the Republic of 
Panama in accordance with the Panama Canal Treaty of 1977, and 
the closure of any other installation of the Department of 
Defense, during the period beginning on October 1, 1992, and 
ending on December 31, 1997, shall be deemed to create an 
exigency of the public business and any leave that is lost by 
an employee of such installation by operation of this section 
(regardless of whether such leave was scheduled) shall be 
restored to the employee and shall be credited and available in 
accordance with paragraph (2).
    (B) For the purpose of subparagraph (A), the term 
``realignment'' means a base realignment (as defined in 
subsection (e)(3) of section 2687 of title 10) that meets the 
requirements of subsection (a)(2) of such section.
    (4)(A) For the purpose of this subsection, service of a 
Department of Defense emergency essential employee in a combat 
zone is an exigency of the public business for that employee. 
Any leave that, by reason of such service, is lost by the 
employee by operation of this section (regardless of whether 
such leave was scheduled) shall be restored to the employee and 
shall be credited and available in accordance with paragraph 
(2).
    (B) As used in subparagraph (A)--
            (i) the term ``Department of Defense emergency 
        essential employee'' means an employee of the 
        Department of Defense who is designated under section 
        1580 of title 10 as an emergency essential employee; 
        and
            (ii) the term ``combat zone'' has the meaning given 
        such term in section 112(c)(2) of the Internal Revenue 
        Code of 1986.
    (e) Annual leave otherwise accruable after June 30, 1960, 
which is lost by operation of this section because of 
administrative error and which is not credited under subsection 
(d)(2) of this section because the employee is separated before 
the error is discovered, is subject to credit and liquidation 
by lump-sum payment only if a claim therefor is filed within 3 
years immediately following the date of discovery of the error. 
Payment shall be made by the agency of employment when the 
lump-sum payment provisions of section 5551 of this title last 
became applicable to the employee at the rate of basic pay in 
effect on the date the lump-sum provisions became applicable.
    (f)(1) This subsection applies with respect to annual leave 
accrued by an individual while serving in a position in--
            (A) the Senior Executive Service;
            (B) the Senior Foreign Service;
            (C) the Defense Intelligence Senior Executive 
        Service;
            (D) the Senior Cryptologic Executive Service; or
            (E) the Federal Bureau of Investigation and Drug 
        Enforcement Administration Senior Executive Service.
    (2) For purposes of applying any limitation on accumulation 
under this section with respect to any annual leave described 
in paragraph (1)--
            (A) ``30 days'' in subsection (a) shall be deemed 
        to read ``90 days''; and
            (B) ``45 days'' in subsection (b) shall be deemed 
        to read ``90 days''.

Sec. 6305. Home leave; leave for Chiefs of Missions; leave for crews of 
                    vessels

    (a) After 24 months of continuous service outside the 
United States (or after a shorter period of such service if the 
employee's assignment is terminated for the convenience of the 
Government), an employee may be granted leave of absence, under 
regulations of the President, at a rate not to exceed 1 week 
for each 4 months of that service without regard to other leave 
provided by this subchapter. Leave so granted--
            (1) is for use in the United States, or if the 
        employee's place of residence is outside the area of 
        employment, in its territories or possessions including 
        the Commonwealth of Puerto Rico;
            (2) accumulates for future use without regard to 
        the limitation in section 6304(b) of this title; and
            (3) may not be made the basis for terminal leave or 
        for a lump-sum payment.
    (b) The President may authorize leave of absence to a chief 
of mission excepted from this subchapter by section 
6301(2)(xii) of this title for use in the United States and its 
territories or possessions. Leave so authorized does not 
constitute a leave system and may not be made the basis for a 
lump-sum payment.
    (c) An officer, crewmember, or other employee serving 
aboard an oceangoing vessel on an extended voyage may be 
granted leave of absence, under regulations of the Office of 
Personnel Management, at a rate not to exceed 2 days for each 
30 calendar days of that service without regard to other leave 
provided by this subchapter. Leave so granted--
            (1) accumulates for future use without regard to 
        the limitation in section 6304(b) of this title;
            (2) may not be made the basis for a lump-sum 
        payment, except that civil service mariners of the 
        Military Sealift Command on temporary promotion aboard 
        ship may be paid the difference between their temporary 
        and permanent rates of pay for leave accrued under this 
        section and section 6303 and not otherwise used during 
        the temporary promotion upon the expiration or 
        termination of the temporary promotion; and
            (3) may not be made the basis for terminal leave 
        except under such special or emergency circumstances as 
        may be prescribed under the regulations of the Office.

Sec. 6306. Annual leave; refund of lump-sum payment; recredit of annual 
                    leave

    (a) When an individual who received a lump-sum payment for 
leave under section 5551 of this title is reemployed before the 
end of the period covered by the lump-sum payment in or under 
the Government of the United States or the government of the 
District of Columbia, except in a position excepted from this 
subchapter by section 6301(2)(ii), (iii), (vi), or (vii) of 
this title, he shall refund to the employing agency an amount 
equal to the pay covering the period between the date of 
reemployment and the expiration of the lump-sum period.
    (b) An amount refunded under subsection (a) of this section 
shall be deposited in the Treasury of the United States to the 
credit of the employing agency. When an individual is 
reemployed under the same leave system, an amount of leave 
equal to the leave represented by the refund shall be 
recredited to him in the employing agency. When an individual 
is reemployed under a different leave system, an amount of 
leave equal to the leave represented by the refund shall be 
recredited to him in the employing agency on an adjusted basis 
under regulations prescribed by the Office of Personnel 
Management. When an individual is reemployed in a position 
excepted from this subchapter by section 6301(2)(x)-(xiii) of 
this title, an amount of leave equal to the leave represented 
by the refund is deemed, on separation from the service, death, 
or transfer to another position in the service, to have 
remained to his credit.

Sec. 6307. Sick leave; accrual and accumulation

    (a) An employee is entitled to sick leave with pay which 
accrues on the basis of one-half day for each full biweekly pay 
period, except that sick leave with pay accrues to a member of 
the Firefighting Division of the Fire Department of the 
District of Columbia on the basis of two-fifths of a day for 
each full biweekly pay period.
    (b) Sick leave provided by this section, which is not used 
by an employee, accumulates for use in succeeding years.
    (c) Sick leave provided by this section may be used for 
purposes relating to the adoption of a child.
    (d) When required by the exigencies of the situation, a 
maximum of 30 days sick leave with pay may be advanced for 
serious disability or ailment, or for purposes relating to the 
adoption of a child, except that a maximum of 24 days sick 
leave with pay may be advanced to a member of the Firefighting 
Division of the Fire Department of the District of Columbia.
    (d)(1) \1\ For the purpose of this subsection, the term 
``family member'' shall have such meaning as the Office of 
Personnel Management shall by regulation prescribe, except that 
such term shall include any individual who meets the definition 
given that term, for purposes of the leave transfer program 
under subchapter III, under regulations prescribed by the 
Office (as in effect on January 1, 1993).
---------------------------------------------------------------------------
    \1\ So in original. Public Law 103-329 redesignated section 6307(c) 
as (d) and added a new subsection (c). Public Law 103-388 amended 
section 6307 by adding a new subsection (d); probably should be 
redesignated as subsection (e).
---------------------------------------------------------------------------
    (2) Subject to paragraph (3) and in addition to any other 
allowable purpose, sick leave may be used by an employee--
            (A) to give care or otherwise attend to a family 
        member having an illness, injury, or other condition 
        which, if an employee had such condition, would justify 
        the use of sick leave by such an employee; or
            (B) for purposes relating to the death of a family 
        member, including to make arrangements for or attend 
        the funeral of such family member.
    (3)(A) Sick leave may be used by an employee for the 
purposes provided under paragraph (2) only to the extent the 
amount used for such purposes does not exceed--
            (i) 40 hours in any year, plus
            (ii) up to an additional 64 hours in any year, but 
        only to the extent the use of such additional hours 
        does not cause the amount of sick leave to the 
        employee's credit to fall below 80 hours.
    (B) In the case of a part-time employee or an employee on 
an uncommon tour of duty, the Office of Personnel Management 
shall establish limitations that are proportional to those 
prescribed under subparagraph (A).
    (4)(A) This subsection shall be effective during the 3-year 
period that begins upon the expiration of the 2-month period 
that begins on the date of the enactment of this subsection.
    (B) Not later than 6 months before the date on which this 
subsection is scheduled to cease to be effective, the Office 
shall submit a report to Congress in which it shall evaluate 
the operation of this subsection and make recommendations as to 
whether or not this subsection should be continued beyond such 
date.

Sec. 6308. Transfers between positions under different leave systems

    (a) The annual and sick leave to the credit of an employee 
who transfers between positions under different leave systems 
without a break in service shall be transferred to his credit 
in the employing agency on an adjusted basis under regulations 
prescribed by the Office of Personnel Management, unless the 
individual is excepted from this subchapter by section 
6301(2)(ii), (iii), (vi), or (vii) of this title. However, when 
a former member receiving a retirement annuity under sections 
521-535 of title 4, District of Columbia Code, is reemployed in 
a position to which this subchapter applies, his sick leave 
balance may not be recredited to his account on the later 
reemployment.
    (b) The annual leave, sick leave, and home leave to the 
credit of a nonappropriated fund employee of the Department of 
Defense or the Coast Guard described in section 2105(c) who 
moves without a break in service of more than 3 days to a 
position in the Department of Defense or the Coast Guard, 
respectively, that is subject to this subchapter shall be 
transferred to the employee's credit. The annual leave, sick 
leave, and home leave to the credit of an employee of the 
Department of Defense or the Coast Guard who is subject to this 
subchapter and who moves without a break in service of more 
than 3 days to a position under a nonappropriated fund 
instrumentality of the Department of Defense or the Coast 
Guard, respectively, described in section 2105(c), shall be 
transferred to the employee's credit under the nonappropriated 
fund instrumentality. The Secretary of Defense or the Secretary 
of Transportation, as appropriate, may provide for a transfer 
of funds in an amount equal to the value of the transferred 
annual leave to compensate the gaining entity for the cost of a 
transfer of annual leave under this subsection.

[Sec. 6309. Repealed. Pub. L. 94-183, Sec. 2(26), Dec. 31, 1975, 89 
                    Stat. 1058.]

Sec. 6310. Leave of absence; aliens

    The head of the agency concerned may grant leave of absence 
with pay, not in excess of the amount of annual and sick leave 
allowable to citizen employees under this subchapter, to alien 
employees who occupy positions outside the United States.

Sec. 6311. Regulations

    The Office of Personnel Management may prescribe 
regulations necessary for the administration of this 
subchapter.

Sec. 6312. Accrual and accumulation for former ASCS county office and 
                    nonappropriated fund employees

    (a) Credit shall be given in determining years of service 
for the purpose of section 6303(a) for--
            (1) service as an employee of a county committee 
        established pursuant to section 8(b) of the Soil 
        Conservation and Allotment Act or of a committee or an 
        association of producers described in section 10(b) of 
        the Agricultural Adjustment Act; and
            (2) service under a nonappropriated fund 
        instrumentality of the Department of Defense or the 
        Coast Guard described in section 2105(c) by an employee 
        who has moved without a break in service of more than 3 
        days to a position subject to this subchapter in the 
        Department of Defense or the Coast Guard, respectively.
    (b) The provisions of subsections (a) and (b) of section 
6308 for transfer of leave between leave systems shall apply to 
the leave systems established for such county office employees 
and employees of such Department of Defense and Coast Guard 
nonappropriated fund instrumentalities, respectively.


                    SUBCHAPTER II--OTHER PAID LEAVE

Sec. 6321. Absence of veterans to attend funeral services

    An employee in or under an Executive agency who is a 
veteran of a war, or of a campaign or expedition for which a 
campaign badge has been authorized, or a member of an honor or 
ceremonial group of an organization of those veterans, may be 
excused from duty without loss of pay or deduction from annual 
leave for the time necessary, not to exceed 4 hours in any one 
day, to enable him to participate as an active pallbearer or as 
a member of a firing squad or a guard of honor in a funeral 
ceremony for a member of the armed forces whose remains are 
returned from abroad for final interment in the United States.

Sec. 6322. Leave for jury or witness service; official duty status for 
                    certain witness service

    (a) An employee as defined by section 2105 of this title 
(except an individual whose pay is disbursed by the Secretary 
of the Senate or the Chief Administrative Officer of the House 
of Representatives) or an individual employed by the government 
of the District of Columbia is entitled to leave, without loss 
of, or reduction in, pay, leave to which he otherwise is 
entitled, credit for time or service, or performance of 
efficiency rating, during a period of absence with respect to 
which he is summoned, in connection with a judicial proceeding, 
by a court or authority responsible for the conduct of that 
proceeding, to serve--
            (1) as a juror; or
            (2) other than as provided in subsection (b) of 
        this section, as a witness on behalf of any party in 
        connection with any judicial proceeding to which the 
        United States, the District of Columbia, or a State or 
        local government is a party;
in the District of Columbia, a State, territory, or possession 
of the United States including the Commonwealth of Puerto Rico 
or the Trust Territory of the Pacific Islands. For the purpose 
of this subsection, ``judicial proceeding'' means any action, 
suit, or other judicial proceeding, including any condemnation, 
preliminary, informational, or other proceeding of a judicial 
nature, but does not include an administrative proceeding.
    (b) An employee as defined by section 2105 of this title 
(except an individual whose pay is disbursed by the Secretary 
of the Senate or the Chief Administrative Officer of the House 
of Representatives) or an individual employed by the government 
of the District of Columbia is performing official duty during 
the period with respect to which he is summoned, or assigned by 
his agency, to--
            (1) testify or produce official records on behalf 
        of the United States or the District of Columbia; or
            (2) testify in his official capacity or produce 
        official records on behalf of a party other than the 
        United States or the District of Columbia.
    (c) The Office of Personnel Management may prescribe 
regulations for the administration of this section.

Sec. 6323. Military leave; Reserves and National Guardsmen

    (a)(1) Subject to paragraph (2) of this subsection, an 
employee as defined by section 2105 of this title or an 
individual employed by the government of the District of 
Columbia, permanent or temporary indefinite, is entitled to 
leave without loss in pay, time, or performance or efficiency 
rating for active duty, inactive-duty training (as defined in 
section 101 of title 37), or engaging in field or coast defense 
training under sections 502-505 of title 32 as a Reserve of the 
armed forces or member of the National Guard. Leave under this 
subsection accrues for an employee or individual at the rate of 
15 days per fiscal year and, to the extent that it is not used 
in a fiscal year, accumulates for use in the succeeding fiscal 
year until it totals 15 days at the beginning of a fiscal year.
    (2) In the case of an employee or individual employed on a 
part-time career employment basis (as defined in section 
3401(2) of this title), the rate at which leave accrues under 
this subsection shall be a percentage of the rate prescribed 
under paragraph (1) which is determined by dividing 40 into the 
number of hours in the regularly scheduled workweek of that 
employee or individual during that fiscal year.
            (3) \1\ The minimum charge for leave under this 
        subsection is one hour, and additional charges are in 
        multiples thereof.
---------------------------------------------------------------------------
    \1\ Margin so in law.
---------------------------------------------------------------------------
    (b) Except as provided by section 5519 of this title, an 
employee as defined by section 2105 of this title or an 
individual employed by the government of the District of 
Columbia, permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed 
        Forces, as described in section 10101 of title 10, or 
        the National Guard, as described in section 101 of 
        title 32; and
            (2) performs, for the purpose of providing military 
        aid to enforce the law or for the purpose of providing 
        assistance to civil authorities in the protection or 
        saving of life or property or the prevention of 
        injury--
                    (A) Federal service under section 331, 332, 
                333, or 12406 of title 10, or other provision 
                of law, as applicable, or
                    (B) full-time military service for his 
                State, the District of Columbia, the 
                Commonwealth of Puerto Rico, or a territory of 
                the United States;
is entitled, during and because of such service, to leave 
without loss of, or reduction in, pay, leave to which he 
otherwise is entitled, credit for time or service, or 
performance or efficiency rating. Leave granted by this 
subsection shall not exceed 22 work-days in a calendar year. 
Upon the request of an employee, the period for which an 
employee is absent to perform service described in paragraph 
(2) may be charged to the employee's accrued annual leave or to 
compensatory time available to the employee instead of being 
charged as leave to which the employee is entitled under this 
subsection. The period of absence may not be charged to sick 
leave.
    (c) An employee as defined by section 2105 of this title or 
an individual employed by the government of the District of 
Columbia, who is a member of the National Guard of the District 
of Columbia, is entitled to leave without loss in pay or time 
for each day of a parade or encampment ordered or authorized 
under title 39, District of Columbia Code. This subsection 
covers each day of service the National Guard, or a portion 
thereof, is ordered to perform by the commanding general.
    (d)(1) A military reserve technician described in section 
8401(30) is entitled at such person's request to leave without 
loss of, or reduction in, pay, leave to which such person is 
otherwise entitled, credit for time or service, or performance 
or efficiency rating for each day, not to exceed 44 workdays in 
a calendar year, in which such person is on active duty without 
pay, as authorized pursuant to section 12315 of title 10, under 
section 12301(b) or 12301(d) of title 10 (other than active 
duty during a war or national emergency declared by the 
President or Congress) for participation in operations outside 
the United States, its territories and possessions.
    (2) An employee who requests annual leave or compensatory 
time to which the employee is otherwise entitled, for a period 
during which the employee would have been entitled upon request 
to leave under this subsection, may be granted such annual 
leave or compensatory time without regard to this section or 
section 5519.

Sec. 6324. Absence of certain police and firemen

    (a) Sick leave may not be charged to the account of a 
member of the Metropolitan Police force or the Fire Department 
of the District of Columbia, the United States Park Police 
force, or the Executive Protective Service force for an absence 
due to injury or illness resulting from the performance of 
duty.
    (b) The determination of whether an injury or illness 
resulted from the performance of duty shall be made under 
regulations prescribed by--
            (1) the District of Columbia Council for members of 
        the Metropolitan Police force and the Fire Department 
        of the District of Columbia;
            (2) the Secretary of the Interior for the United 
        States Park Police force; and
            (3) The Secretary of the Treasury for the Executive 
        Protective Service force.

Sec. 6325. Absence resulting from hostile action abroad

    Leave may not be charged to the account of an employee for 
absence, not to exceed one year, due to an injury--
            (1) incurred while serving abroad and resulting 
        from war, insurgency, mob violence, or similar hostile 
        action; and
            (2) not due to vicious habits, intemperance, or 
        willful misconduct on the part of the employee.
The preceding provisions of this section shall apply in the 
case of an alien employee referred to in section 6301(2)(viii) 
of this title with respect to any leave granted to such alien 
employee under section 6310 of this title or section 408 of the 
Foreign Service Act of 1980.

Sec. 6326. Absence in connection with funerals of immediate relatives 
                    in the Armed Forces

    (a) An employee of an executive agency or an individual 
employed by the government of the District of Columbia is 
entitled to not more than three days of leave without loss of, 
or reduction in, pay, leave to which he is otherwise entitled, 
credit for time or service, or performance or efficiency 
rating, to make arrangements for, or attend the funeral of, or 
memorial service for, an immediate relative who died as a 
result of wounds, disease, or injury incurred while serving as 
a member of the Armed Forces in a combat zone (as determined by 
the President in accordance with section 112 of the Internal 
Revenue Code).
    (b) The Office of Personnel Management is authorized to 
issue regulations for the administration of this section.
    (c) This section shall not be considered as affecting the 
authority of an Executive agency, except to the extent and 
under the conditions covered under this section, to grant 
administrative leave excusing an employee from work when it is 
in the public interest.

Sec. 6327. Absence in connection with serving as a bone-marrow or organ 
                    donor

    (a) An employee in or under an Executive agency is entitled 
to leave without loss of or reduction in pay, leave to which 
otherwise entitled, credit for time or service, or performance 
or efficiency rating, for the time necessary to permit such 
employee to serve as a bone-marrow or organ donor.
    (b) An employee may, in any calendar year, use--
            (1) not to exceed 7 days of leave under this 
        section to serve as a bone-marrow donor; and
            (2) not to exceed 30 days of leave under this 
        section to serve as an organ donor.
    (c) The Office of Personnel Management may prescribe 
regulations for the administration of this section.

Sec. 6328. Absence in connection with funerals of fellow Federal law 
                    enforcement officers

    A Federal law enforcement officer or a Federal firefighter 
may be excused from duty without loss of, or reduction in, pay 
or leave to which such officer is otherwise entitled, or credit 
for time or service, or performance or efficiency rating, to 
attend the funeral of a fellow Federal law enforcement officer 
or Federal firefighter, who was killed in the line of duty. 
When so excused from duty, attendance at such service shall for 
the purposes of section 1345(a) of title 31, be considered to 
be an official duty of the officer or firefighter.


              SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE

Sec. 6331. Definitions

    For the purpose of this subchapter--
            (1) the term ``employee'' means an employee as 
        defined by section 6301(2), excluding an individual 
        employed by the government of the District of Columbia;
            (2) the term ``leave recipient'' means an employee 
        whose application to receive donations of leave under 
        this subchapter is approved;
            (3) the term ``leave donor'' means an employee 
        whose application to make 1 or more donations of leave 
        under this subchapter is approved; and
            (4) the term ``medical emergency'' means a medical 
        condition of an employee or a family member of such 
        employee that is likely to require the prolonged 
        absence of such employee from duty and to result in a 
        substantial loss of income to such employee because of 
        the unavailability of paid leave (disregarding any 
        advanced leave).

Sec. 6332. General authority

    Notwithstanding any provision of subchapter I, and subject 
to the provisions of this subchapter, the Office of Personnel 
Management shall establish a program under which annual leave 
accrued or accumulated by an employee may be transferred to the 
annual leave account of any other employee if such other 
employee requires additional leave because of a medical 
emergency.

Sec. 6333. Receipt and use of transferred leave

    (a)(1) An application to receive donations of leave under 
this subchapter, whether submitted by or on behalf of an 
employee--
            (A) shall be submitted to the employing agency of 
        the proposed leave recipient; and
            (B) shall include--
                    (i) the name, position title, and grade or 
                pay level of the proposed leave recipient;
                    (ii) the reasons why transferred leave is 
                needed, including a brief description of the 
                nature, severity, anticipated duration, and, if 
                it is a recurring one, the approximate 
                frequency of the medical emergency involved;
                    (iii) if the employing agency so requires, 
                certification from 1 or more physicians, or 
                other appropriate experts, with respect to any 
                matter under clause (ii); and
                    (iv) any other information which the 
                employing agency may reasonably require.
    (2) If an agency requires that an employee obtain 
certification under paragraph (1)(B)(iii) from 2 or more 
sources, the agency shall ensure, either by direct payment to 
the expert involved or by reimbursement, that the employee is 
not required to pay for the expenses associated with obtaining 
certification from more than 1 of such sources.
    (3) An employing agency shall approve or disapprove an 
application of a proposed leave recipient for leave under this 
subchapter, and, to the extent practicable, shall notify the 
proposed leave recipient (or other person acting on behalf of 
the proposed recipient, if appropriate) of the decision of the 
agency, in writing, within 10 days (excluding Saturdays, 
Sundays, and legal public holidays) after receiving such 
application.
    (b) A leave recipient may use annual leave received under 
this subchapter in the same manner and for the same purposes as 
if such leave recipient had accrued that leave under section 
6303, except that any annual leave, and any sick leave, accrued 
or accumulated by the leave recipient and available for the 
purpose involved must be exhausted before any transferred 
annual leave may be used.
    (c) Transferred annual leave--
            (1) may accumulate without regard to any limitation 
        under section 6304; and
            (2) may be substituted retroactively for any period 
        of leave without pay, or used to liquidate an 
        indebtedness for any period of advanced leave, which 
        began on or after a date fixed by the employing agency 
        of the employee as the beginning of the medical 
        emergency involved.

Sec. 6334. Donations of leave

    (a) An employee may, by written application to the 
employing agency of such employee, request that a specified 
number of hours be transferred from the annual leave account of 
such employee to the annual leave account of a leave recipient 
in accordance with section 6332.
    (b)(1) In any one leave year, a leave donor may donate no 
more than a total of one-half of the amount of annual leave 
such donor would be entitled to accrue during the leave year in 
which the donation is made.
    (2) A leave donor who is projected to have annual leave 
that otherwise would be subject to forfeiture at the end of the 
leave year under section 6304(a) may donate no more than the 
number of hours remaining in the leave year (as of the date of 
the transfer) for which the leave donor is scheduled to work 
and receive pay.
    (3) The employing agency of a leave donor may waive the 
limitation under paragraphs (1) and (2). Any such waiver shall 
be made in writing.
    (c) The Office of Personnel Management shall prescribe 
regulations to include procedures to carry out this subchapter 
when the leave donor and the leave recipient are employed by 
different agencies.

Sec. 6335. Termination of medical emergency

    (a) The medical emergency affecting a leave recipient 
shall, for purposes of this subchapter, be considered to have 
terminated on the date as of which--
            (1) the leave recipient notifies the employing 
        agency of such leave recipient, in writing, that the 
        medical emergency no longer exists;
            (2) the employing agency of such leave recipient 
        determines, after written notice and opportunity for 
        the leave recipient (or, if appropriate, another person 
        acting on behalf of the leave recipient) to answer 
        orally or in writing, that the medical emergency no 
        longer exists; or
            (3) the leave recipient is separated from service.
    (b)(1) The employing agency of a leave recipient shall, 
consistent with guidelines prescribed by the Office of 
Personnel Management, establish procedures to ensure that a 
leave recipient is not permitted to use or receive any 
transferred leave under this subchapter after the medical 
emergency terminates.
    (2) Nothing in section 5551, 5552, or 6306 shall apply with 
respect to any annual leave transferred to a leave recipient 
under this subchapter.

Sec. 6336. Restoration of transferred leave

    (a)(1) The Office of Personnel Management shall establish 
procedures under which, except as provided in paragraph (2), 
any transferred leave remaining to the credit of a leave 
recipient when the medical emergency affecting the leave 
recipient terminates shall be restored on a prorated basis by 
transfer to the appropriate accounts of the respective leave 
donors.
    (2) Nothing in paragraph (1) shall require the restoration 
of leave to a leave donor--
            (A) if the amount of leave which would be restored 
        to such donor would be less than 1 hour or any other 
        shorter period of time which the Office may by 
        regulation prescribe;
            (B) if such donor retires, dies, or is otherwise 
        separated from service, before the date on which such 
        restoration would otherwise be made; or
            (C) if such restoration is not administratively 
        feasible, as determined under regulations prescribed by 
        the Office.
    (b) At the election of the leave donor, transferred annual 
leave restored to such leave donor under subsection (a) may be 
restored by--
            (1) crediting such leave to the leave donor's 
        annual leave account in the then current leave year;
            (2) crediting such leave to the leave donor's 
        annual leave account, effective as of the first day of 
        the first leave year beginning after the date of the 
        election; or
            (3) donating such leave in whole or part to another 
        leave recipient; if a leave donor elects to donate only 
        part of restored leave to another recipient, the donor 
        may elect to have the remaining leave credited to the 
        donor's annual leave account in accordance with 
        paragraph (1) or (2).
    (c) The Office shall prescribe regulations under which this 
section shall be applied in the case of an employee who is paid 
other than on the basis of biweekly pay periods.
    (d) Restorations of leave under this section shall be 
carried out in a manner consistent with regulations prescribed 
to carry out section 6334(c), if applicable.

Sec. 6337. Accrual of leave

    (a) For the purpose of this section--
            (1) the term ``paid leave status under subchapter 
        I'', as used with respect to an employee, means the 
        administrative status of such employee while such 
        employee is using sick leave, or annual leave, accrued 
        or accumulated under subchapter I; and
            (2) the term ``transferred leave status'', as used 
        with respect to an employee, means the administrative 
        status of such employee while such employee is using 
        transferred leave under this subchapter.
    (b)(1) Except as otherwise provided in this section, while 
an employee is in transferred leave status, annual leave and 
sick leave shall accrue to the credit of such employee at the 
same rate as if such employee were then in a paid leave status 
under subchapter I, except that--
            (A) the maximum amount of annual leave which may be 
        accrued by an employee while in transferred leave 
        status in connection with any particular medical 
        emergency may not exceed 5 days; and
            (B) the maximum amount of sick leave which may be 
        accrued by an employee while in transferred leave 
        status in connection with any particular medical 
        emergency may not exceed 5 days.
    (2) Any annual or sick leave accrued by an employee under 
this section--
            (A) shall be credited to an annual leave or sick 
        leave account, as appropriate, separate from any leave 
        account of such employee under subchapter I; and
            (B) shall not become available for use by such 
        employee, and may not otherwise be taken into account 
        under subchapter I, until, in accordance with 
        subsection (c), it is transferred to the appropriate 
        leave account of such employee under subchapter I.
    (c)(1) Any annual or sick leave accrued by an employee 
under this section shall be transferred to the appropriate 
leave account of such employee under subchapter I, and shall be 
available for use--
            (A) as of the beginning of the first applicable pay 
        period beginning after the date on which the employee's 
        medical emergency terminates as described in paragraph 
        (1) or (2) of section 6335(a); or
            (B) if the employee's medical emergency has not yet 
        terminated, once the employee has exhausted all 
        transferred leave made available to such employee under 
        this subchapter.
    (2) In the event that the employee's medical emergency 
terminates as described in section 6335(a)(3)--
            (A) any leave accrued but not yet transferred under 
        this section shall not be credited to such employee; or
            (B) if there remains, as of the date the emergency 
        so terminates, any leave which became available to such 
        employee under paragraph (1)(B), such leave shall cease 
        to be available for any purpose.
    (d) Nothing in this section shall be considered to prevent, 
with respect to a continuing medical emergency, further 
transfers of leave for use after leave accrued under this 
section has been exhausted by the employee.

Sec. 6338. Prohibition of coercion

    (a) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or 
coerce, any other employee for the purpose of interfering with 
any right which such employee may have with respect to 
contributing, receiving, or using annual leave under this 
subchapter.
    (b) For the purpose of subsection (a), the term 
``intimidate, threaten, or coerce'' includes promising to 
confer or conferring any benefit (such as appointment, 
promotion, or compensation), or effecting or threatening to 
effect any reprisal (such as deprivation of appointment, 
promotion, or compensation).

Sec. 6339. Additional leave transfer programs

    (a) For the purpose of this section--
            (1) the term ``excepted agency'' means--
                    (A) the Central Intelligence Agency.
                    (B) the Defense Intelligence Agency;
                    (C) the National Security Agency;
                    (D) the Federal Bureau of Investigation;
                    (E) the National Imagery and Mapping 
                Agency; and
                    (F) as determined by the President, any 
                Executive agency or unit thereof, the principal 
                function of which is the conduct of foreign 
                intelligence or counterintelligence activities; 
                and
            (2) the term ``head of an excepted agency'' means--
                    (A) with respect to the Central 
                Intelligence Agency, the Director of Central 
                Intelligence;
                    (B) with respect to the Defense 
                Intelligence Agency, the Director of the 
                Defense Intelligence Agency;
                    (C) with respect to the National Security 
                Agency, the Director of the National Security 
                Agency;
                    (D) with respect to the Federal Bureau of 
                Investigation, the Director of the Federal 
                Bureau of Investigation;
                    (E) with respect to the National Imagery 
                and Mapping Agency, the Director of the 
                National Imagery and Mapping Agency; and
                    (F) with respect to an Executive agency 
                designated under paragraph (1)(F), the head of 
                such Executive agency, and with respect to a 
                unit of an Executive agency designated under 
                paragraph (1)(F), such individual as the 
                President may determine.
    (b) Notwithstanding any other provision of this subchapter, 
neither an excepted agency nor any individual employed in or 
under an excepted agency may be included in a leave transfer 
program established under any of the preceding provisions of 
this subchapter.
    (c)(1) The head of an excepted agency shall, by regulation, 
establish a program under which annual leave accrued or 
accumulated by an employee of such agency may be transferred to 
the annual leave account of any other employee of such agency 
if such other employee requires additional leave because of a 
medical emergency.
    (2) To the extent practicable, and consistent with the 
protection of intelligence sources and methods (if applicable), 
each program under this section shall be established--
            (A) in a manner consistent with the provisions of 
        this subchapter applicable to the program; and
            (B) without regard to any provisions relating to 
        transfers or restorations of leave between employees in 
        different agencies.
    (d) The Office of Personnel Management shall provide the 
head of an excepted agency with such advice and assistance as 
the head of such agency may request in order to carry out the 
purposes of this section.

Sec. 6340. Inapplicability of certain provisions

    Except to the extent that the Office of Personnel 
Management may prescribe regulations, nothing in section 7351 
shall apply with respect to a solicitation, donation, or 
acceptance of leave under this subchapter.


              SUBCHAPTER IV--VOLUNTARY LEAVE BANK PROGRAM

Sec. 6361. Definitions

    For the purpose of this subchapter the term--
            (1) ``employee'' means an employee as defined by 
        section 6301(2), but shall exclude any individual 
        employed by the government of the District of Columbia;
            (2) ``executive agency'' means any executive agency 
        or any administrative unit thereof;
            (3) ``leave bank'' means a leave bank established 
        under section 6363;
            (4) ``leave contributor'' means an employee who 
        contributes leave to an agency leave bank under section 
        6365;
            (5) ``leave recipient'' means an employee whose 
        application under section 6367 to receive contributions 
        of leave from a leave bank is approved; and
            (6) ``medical emergency'' means a medical condition 
        of an employee or a family member of such employee that 
        is likely to require the prolonged absence of such 
        employee from duty and to result in a substantial loss 
        of income to such employee because of the 
        unavailability of paid leave (disregarding any advanced 
        leave).

Sec. 6362. General authority

    Notwithstanding any provision of subchapter I, and subject 
to the provisions of this subchapter, the Office of Personnel 
Management shall establish a program under which--
            (1) annual leave accrued or accumulated by an 
        employee may be contributed to a leave bank established 
        by the employing agency of such employee; and
            (2) leave from such a leave bank may be made 
        available to an employee who requires such leave 
        because of a medical emergency.

Sec. 6363. Establishment of leave banks

    Each agency that establishes a leave bank program under 
section 6362 shall establish 1 or more leave banks in 
accordance with regulations prescribed by the Office of 
Personnel Management.

Sec. 6364. Establishment of Leave Bank Boards

    (a)(1) Each agency that establishes a leave bank shall 
establish a Leave Bank Board consisting of 3 members, at least 
one of whom shall represent a labor organization or employee 
group, to administer the leave bank under the provisions of 
this subchapter, in consultation with the Office of Personnel 
Management.
    (2) An agency may establish more than 1 Leave Bank Board 
based upon the administrative units within the agency. No more 
than 1 board may be established for each leave bank.
    (b) Each such Board shall--
            (1) review and approve applications to the leave 
        bank under section 6367;
            (2) monitor each case of a leave recipient;
            (3) monitor the amount of leave in the leave bank 
        and the number of applications for use of leave from 
        the bank; and
            (4) maintain an adequate amount of leave in the 
        leave bank to the greatest extent practicable.

Sec. 6365. Contributions of annual leave

    (a)(1) An employee may, by written application to the Leave 
Bank Board, request that a specified number of hours be 
transferred from the annual leave account of such employee to 
the leave bank established by such agency.
    (2) An employee may state a concern and desire to aid a 
specified proposed leave recipient or a leave recipient in the 
application filed under paragraph (1).
    (b)(1) Upon approving an application under subsection (a), 
the employing agency of the leave contributor may transfer all 
or any part of the number of hours requested for transfer, 
except that the number of hours so transferred may not exceed 
the limitations under paragraph (2).
    (2)(A) In any one leave year, a leave contributor may 
contribute no more than a total of one-half of the amount of 
annual leave such contributor would be entitled to accrue 
during the leave year in which the contribution is made.
    (B) A leave contributor who is projected to have annual 
leave that otherwise would be subject to forfeiture at the end 
of the leave year under section 6304(a) may contribute no more 
than the number of hours remaining in the leave year (as of the 
date of the contribution) for which the leave contributor is 
scheduled to work and receive pay.
    (c) The Leave Bank Board of a leave contributor may waive 
the limitations under subsection (b)(2). Any such waiver shall 
be in writing.
    (d) The Office of Personnel Management shall prescribe 
regulations establishing an open enrollment period during which 
an employee may contribute leave under subsection (a) for a 
leave year.

Sec. 6366. Eligibility for leave recipients

    (a) An employee is eligible to be a leave recipient if such 
em- ployee--
            (1) experiences a medical emergency and submits an 
        application pursuant to section 6367(a); and
            (2)(A) contributes the minimum number of hours as 
        required under subsection (b) of accrued or accumulated 
        annual leave to the leave bank of the employing agency 
        of such employee, in the leave year (beginning in and 
        including any part of a leave year in which such leave 
        bank is established) that such employee submits an 
        application to be a leave recipient under section 
        6367(a); and
            (B) such contribution is made before such employee 
        submits an application under section 6367(a).
    (b)(1) An employee shall contribute the minimum number of 
hours required under subsection (a)(2)(A), if such employee is 
an employee--
                    (A) for less than 3 years of service and 
                contributes a minimum of 4 hours;
                    (B) for between 3 years and less than 15 
                years of service and contributes a minimum of 6 
                hours; or
                    (C) for 15 years or more of service and 
                contributes a minimum of 8 hours.
    (2) Notwithstanding the provisions of paragraph (1), the 
Leave Bank Board of an agency, after consultation with the 
Office of Personnel Management, may--
                    (A) reduce the minimum number of hours 
                required under paragraph (1) for any leave 
                year, if such Board determines there is a 
                surplus of leave in the leave bank; and
                    (B) increase the number of minimum hours 
                required under paragraph (1) for the succeeding 
                leave year, in any leave year in which the 
                Board determines there is a shortage of leave 
                in the leave bank.
    (c) An employee shall meet the requirements of subsection 
(a)(2)(A) if such employee contributes the minimum number of 
hours as required under subsection (b) of accrued or 
accumulated annual leave to the leave bank with which such 
employee submits an application to be a leave recipient under 
section 6367(a).
    (d) The provisions of subsection (a) may not be construed 
to limit the amount of the voluntary contribution of annual 
leave to a leave bank, which does not exceed the limitations of 
section 6365(b).

Sec. 6367. Receipt and use of leave from a leave bank

    (a) An application to receive contributions of leave from a 
leave bank, whether submitted by or on behalf of an employee--
            (1) shall be submitted to the Leave Bank Board of 
        the employing agency of the proposed leave recipient; 
        and
            (2) shall include--
                    (A) the name, position title, and grade or 
                pay level of the proposed leave recipient;
                    (B) the reasons why leave is needed, 
                including a brief description of the nature, 
                severity, anticipated duration, and, if it is a 
                recurring one, the approximate frequency of the 
                medical emergency involved;
                    (C) if such Board so requires, 
                certification from 1 or more physicians, or 
                other appropriate experts, with respect to any 
                matter under subparagraph (B); and
                    (D) any other information which such Board 
                may reasonably require.
        If a Board requires that an employee obtain 
        certification under paragraph (2)(C) from 2 or more 
        sources, the agency shall ensure, either by direct 
        payment to the expert involved or by reimbursement, 
        that the employee is not required to pay for the 
        expenses associated with obtaining certification from 
        more than 1 of such sources.
    (b) The Leave Bank Board of an employing agency may approve 
an application submitted under subsection (a).
    (c) A leave recipient may use annual leave received from 
the leave bank established by the employing agency of such 
employee under this subchapter in the same manner and for the 
same purposes as if such leave recipient had accrued such leave 
under section 6303, except that any annual leave and, if 
applicable, any sick leave accrued or accumulated to the leave 
recipient shall be used before any leave from the leave bank 
may be used.
    (d) Transferred annual leave--
            (1) may accumulate without regard to any limitation 
        under section 6304; and
            (2) may be substituted retroactively for any period 
        of leave without pay, or used to liquidate an 
        indebtedness for any period of advanced leave, which 
        began on or after a date fixed by the employing agency 
        of the employee as the beginning of the medical 
        emergency involved.
    (e) Except to the extent that the Office of Personnel 
Management may prescribe regulations, nothing in the provisions 
of section 7351 shall apply to any solicitation, contribution, 
or use of leave to or from a leave bank under this subchapter.

Sec. 6368. Termination of medical emergency

    (a) The medical emergency affecting a leave recipient 
shall, for purposes of this subchapter, be considered to have 
terminated on the date as of which--
            (1) the leave recipient notifies the Leave Bank 
        Board in writing that the medical emergency no longer 
        exists;
            (2) the Leave Bank Board of such leave recipient 
        determines after written notice and opportunity for the 
        leave recipient (or, if appropriate, another person 
        acting on behalf of the leave recipient) to answer 
        orally or in writing, that the medical emergency no 
        longer exists; or
            (3) the leave recipient is separated from service.
    (b)(1) The Leave Bank Board of a recipient shall, 
consistent with guidelines prescribed by the Office of 
Personnel Management, establish procedures to ensure that a 
leave recipient is not permitted to use or receive any 
transferred leave under this subchapter after the medical 
emergency terminates.
    (2) Nothing in section 5551, 5552, or 6306 shall apply with 
respect to any annual leave transferred to a leave recipient 
under this subchapter.

Sec. 6369. Restoration of transferred leave

    The Office of Personnel Management shall establish 
procedures under which any transferred leave remaining to the 
credit of a leave recipient when the medical emergency 
affecting the leave recipient terminates, shall be restored to 
the leave bank.

Sec. 6370. Prohibition of coercion

    (a) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or 
coerce, any other employee for the purpose of interfering with 
any right which such employee may have with respect to 
contributing, receiving, or using annual leave under this 
subchapter.
    (b) For the purpose of subsection (a), the term 
``intimidate, threaten, or coerce'' includes promising to 
confer or conferring any benefit (such as an appointment, 
promotion, or compensation), or effecting or threatening to 
effect any reprisal (such as deprivation of appointment, 
promotion, or compensation).

Sec. 6371. Accrual of leave

    While using leave made available to an employee from a 
leave bank, annual and sick leave shall accrue to the credit of 
such employee and shall become available for use by such 
employee in the same manner as provided for under section 6337.

Sec. 6372. Additional leave bank programs

    (a) For the purpose of this section--
            (1) the term ``excepted agency'' has the same 
        meaning as such term is defined under section 
        6339(a)(1) of this title; and
            (2) the term ``head of an excepted agency'' has the 
        same meaning as such term is defined under section 
        6339(a)(2) of this title.
    (b) Notwithstanding any other provision of this subchapter, 
neither an excepted agency nor any individual employed in or 
under an excepted agency may be included in a leave bank 
program established under any of the preceding provisions of 
this subchapter.
    (c)(1) The head of an excepted agency may, by regulation, 
establish a voluntary leave bank program under which annual 
leave accrued or accumulated by an employee of such agency may 
be contributed to a leave bank, and any other employee of such 
agency may receive additional leave from such leave bank 
because of a medical emergency.
    (2) To the extent practicable, and consistent with the 
protection of intelligence sources and methods (if applicable), 
each program under this section shall be established in a 
manner consistent with the provisions of this subchapter 
applicable to the program.
    (d) The Office of Personnel Management shall provide the 
head of an excepted agency with such advice and assistance as 
the head of such agency may request in order to carry out the 
purpose of this section.

Sec. 6373. Authority to participate in both programs

    (a) The Office of Personnel Management shall prescribe 
regulations under which an employee participating in a leave 
bank program under this subchapter may, subject to such terms 
or conditions as the Office may establish, also make or receive 
donations of leave under subchapter III.
    (b) Notwithstanding any provision of section 6337 or 6371, 
if an employee uses leave transferred to such employee under 
subchapter III and leave made available to such employee under 
this subchapter in connection with the same medical emergency, 
the maximum number of days of annual leave and sick leave, 
respectively, which may accrue to such employee in connection 
with such medical emergency shall be the same as if all of that 
leave had been made available to such employee under this 
subchapter.


                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

Sec. 6381. Definitions

    For the purpose of this subchapter--
            (1) the term ``employee'' means any individual 
        who--
                    (A) is an ``employee'', as defined by 
                section 6301(2), including any individual 
                employed in a position referred to in clause 
                (v) or (ix) of section 6301(2), but excluding 
                any individual employed by the government of 
                the District of Columbia \1\ any individual 
                employed on a temporary or intermittent basis, 
                and any employee of the General Accounting 
                Office or the Library of Congress \1\; and
---------------------------------------------------------------------------
    \1\ Section 202(c)(2) of the Congressional Accountability Act of 
1995 (Public Law 104-1) amended section 6381(1)(A) by striking ``and'' 
after ``District of Columbia'' and inserting before the semicolon the 
following: ``, and any employee of the General Accounting Office or the 
Library of Congress''.
---------------------------------------------------------------------------
                    (B) has completed at least 12 months of 
                service as an employee (within the meaning of 
                subparagraph (A));
            (2) the term ``health care provider'' means--
                    (A) a doctor of medicine or osteopathy who 
                is authorized to practice medicine or surgery 
                (as appropriate) by the State in which the 
                doctor practices; and
                    (B) any other person determined by the 
                Director of the Office of Personnel Management 
                to be capable of providing health care 
                services;
            (3) the term ``parent'' means the biological parent 
        of an employee or an individual who stood in loco 
        parentis to an employee when the employee was a son or 
        daughter;
            (4) the term ``reduced leave schedule'' means a 
        leave schedule that reduces the usual number of hours 
        per workweek, or hours per workday, of an employee;
            (5) the term ``serious health condition'' means an 
        illness, injury, impairment, or physical or mental 
        condition that involves--
                    (A) inpatient care in a hospital, hospice, 
                or residential medical care facility; or
                    (B) continuing treatment by a health care 
                provider; and
            (6) the term ``son or daughter'' means a 
        biological, adopted, or foster child, a stepchild, a 
        legal ward, or a child of a person standing in loco 
        parentis, who is--
                    (A) under 18 years of age; or
                    (B) 18 years of age or older and incapable 
                of self-care because of a mental or physical 
                disability.

Sec. 6382. Leave requirement

    (a)(1) Subject to section 6383, an employee shall be 
entitled to a total of 12 administrative workweeks of leave 
during any 12-month period for one or more of the following:
            (A) Because of the birth of a son or daughter of 
        the employee and in order to care for such son or 
        daughter.
            (B) Because of the placement of a son or daughter 
        with the employee for adoption or foster care.
            (C) In order to care for the spouse, or a son, 
        daughter, or parent, of the employee, if such spouse, 
        son, daughter, or parent has a serious health 
        condition.
            (D) Because of a serious health condition that 
        makes the employee unable to perform the functions of 
        the employee's position.
    (2) The entitlement to leave under subparagraph (A) or (B) 
of paragraph (1) based on the birth or placement of a son or 
daughter shall expire at the end of the 12-month period 
beginning on the date of such birth or placement.
    (b)(1) Leave under subparagraph (A) or (B) of subsection 
(a)(1) shall not be taken by an employee intermittently or on a 
reduced leave schedule unless the employee and the employing 
agency of the employee agree otherwise. Subject to paragraph 
(2), subsection (e)(2), and section 6383(b)(5), leave under 
subparagraph (C) or (D) of subsection (a)(1) may be taken 
intermittently or on a reduced leave schedule when medically 
necessary. In the case of an employee who takes leave 
intermittently or on a reduced leave schedule pursuant to this 
paragraph, any hours of leave so taken by such employee shall 
be subtracted from the total amount of leave remaining 
available to such employee under subsection (a), for purposes 
of the 12-month period involved, on an hour-for-hour basis.
    (2) If an employee requests intermittent leave, or leave on 
a reduced leave schedule, under subparagraph (C) or (D) of 
subsection (a)(1), that is foreseeable based on planned medical 
treatment, the employing agency may require such employee to 
transfer temporarily to an available alternative position 
offered by the employing agency for which the employee is 
qualified and that--
            (A) has equivalent pay and benefits; and
            (B) better accommodates recurring periods of leave 
        than the regular employment position of the employee.
    (c) Except as provided in subsection (d), leave granted 
under subsection (a) shall be leave without pay.
    (d) An employee may elect to substitute for leave under 
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of 
the employee's accrued or accumulated annual or sick leave 
under subchapter I for any part of the 12-week period of leave 
under such subsection, except that nothing in this subchapter 
shall require an employing agency to provide paid sick leave in 
any situation in which such employing agency would not normally 
provide any such paid leave.
    (e)(1) In any case in which the necessity for leave under 
subparagraph (A) or (B) of subsection (a)(1) is foreseeable 
based on an expected birth or placement, the employee shall 
provide the employing agency with not less than 30 days' 
notice, before the date the leave is to begin, of the 
employee's intention to take leave under such subparagraph, 
except that if the date of the birth or placement requires 
leave to begin in less than 30 days, the employee shall provide 
such notice as is practicable.
    (2) In any case in which the necessity for leave under 
subparagraph (C) or (D) of subsection (a)(1) is foreseeable 
based on planned medical treatment, the employee--
            (A) shall make a reasonable effort to schedule the 
        treatment so as not to disrupt unduly the operations of 
        the employing agency, subject to the approval of the 
        health care provider of the employee or the health care 
        provider of the son, daughter, spouse, or parent of the 
        employee, as appropriate; and
            (B) shall provide the employing agency with not 
        less than 30 days' notice, before the date the leave is 
        to begin, of the employee's intention to take leave 
        under such subparagraph, except that if the date of the 
        treatment requires leave to begin in less than 30 days, 
        the employee shall provide such notice as is 
        practicable.

Sec. 6383. Certification

    (a) An employing agency may require that a request for 
leave under subparagraph (C) or (D) of section 6382(a)(1) be 
supported by certification issued by the health care provider 
of the employee or of the son, daughter, spouse, or parent of 
the employee, as appropriate. The employee shall provide, in a 
timely manner, a copy of such certification to the employing 
agency.
    (b) A certification provided under subsection (a) shall be 
sufficient if it states--
            (1) the date on which the serious health condition 
        commenced;
            (2) the probable duration of the condition;
            (3) the appropriate medical facts within the 
        knowledge of the health care provider regarding the 
        condition;
            (4)(A) for purposes of leave under section 
        6382(a)(1)(C), a statement that the employee is needed 
        to care for the son, daughter, spouse, or parent, and 
        an estimate of the amount of time that such employee is 
        needed to care for such son, daughter, spouse, or 
        parent; and
            (B) for purposes of leave under section 
        6382(a)(1)(D), a statement that the employee is unable 
        to perform the functions of the position of the 
        employee; and
            (5) in the case of certification for intermittent 
        leave, or leave on a reduced leave schedule, for 
        planned medical treatment, the dates on which such 
        treatment is expected to be given and the duration of 
        such treatment.
    (c)(1) In any case in which the employing agency has reason 
to doubt the validity of the certification provided under 
subsection (a) for leave under subparagraph (C) or (D) of 
section 6382(a)(1), the employing agency may require, at the 
expense of the agency, that the employee obtain the opinion of 
a second health care provider designated or approved by the 
employing agency concerning any information certified under 
subsection (b) for such leave.
    (2) Any health care provider designated or approved under 
paragraph (1) shall not be employed on a regular basis by the 
employing agency.
    (d)(1) In any case in which the second opinion described in 
subsection (c) differs from the original certification provided 
under subsection (a), the employing agency may require, at the 
expense of the agency, that the employee obtain the opinion of 
a third health care provider designated or approved jointly by 
the employing agency and the employee concerning the 
information certified under subsection (b).
    (2) The opinion of the third health care provider 
concerning the information certified under subsection (b) shall 
be considered to be final and shall be binding on the employing 
agency and the employee.
    (e) The employing agency may require, at the expense of the 
agency, that the employee obtain subsequent recertifications on 
a reasonable basis.

Sec. 6384. Employment and benefits protection

    (a) Any employee who takes leave under section 6382 for the 
intended purpose of the leave shall be entitled, upon return 
from such leave--
            (1) to be restored by the employing agency to the 
        position held by the employee when the leave commenced; 
        or
            (2) to be restored to an equivalent position with 
        equivalent benefits, pay, status, and other terms and 
        conditions of employment.
    (b) The taking of leave under section 6382 shall not result 
in the loss of any employment benefit accrued prior to the date 
on which the leave commenced.
    (c) Except as otherwise provided by or under law, nothing 
in this section shall be construed to entitle any restored 
employee to--
            (1) the accrual of any employment benefits during 
        any period of leave; or
            (2) any right, benefit, or position of employment 
        other than any right, benefit, or position to which the 
        employee would have been entitled had the employee not 
        taken the leave.
    (d) As a condition to restoration under subsection (a) for 
an employee who takes leave under section 6382(a)(1)(D), the 
employing agency may have a uniformly applied practice or 
policy that requires each such employee to receive 
certification from the health care provider of the employee 
that the employee is able to resume work.
    (e) Nothing in this section shall be construed to prohibit 
an employing agency from requiring an employee on leave under 
section 6382 to report periodically to the employing agency on 
the status and intention of the employee to return to work.

Sec. 6385. Prohibition of coercion

    (a) An employee shall not directly or indirectly 
intimidate, threaten, or coerce, or attempt to intimidate, 
threaten, or coerce, any other employee for the purpose of 
interfering with the exercise of any rights which such other 
employee may have under this subchapter.
    (b) For the purpose of this section--
            (1) the term ``intimidate, threaten, or coerce'' 
        includes promising to confer or conferring any benefit 
        (such as appointment, promotion, or compensation), or 
        taking or threatening to take any reprisal (such as 
        deprivation of appointment, promotion, or 
        compensation); and
            (2) the term ``employee'' means any ``employee'', 
        as defined by section 2105.

Sec. 6386. Health insurance

    An employee enrolled in a health benefits plan under 
chapter 89 who is placed in a leave status under section 6382 
may elect to continue the health benefits enrollment of the 
employee while in such leave status and arrange to pay 
currently into the Employees Health Benefits Fund (described in 
section 8909), the appropriate employee contributions.

Sec. 6387. Regulations

    The Office of Personnel Management shall prescribe 
regulations necessary for the administration of this 
subchapter. The regulations prescribed under this subchapter 
shall, to the extent appropriate, be consistent with the 
regulations prescribed by the Secretary of Labor to carry out 
title I of the Family and Medical Leave Act of 1993.


       SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

Sec. 6391. Authority for leave transfer program in disasters and 
                    emergencies

    (a) For the purpose of this section--
            (1) ``employee'' means an employee as defined in 
        section 6331(1); and
            (2) ``agency'' means an Executive agency.
    (b) In the event of a major disaster or emergency, as 
declared by the President, that results in severe adverse 
effects for a substantial number of employees, the President 
may direct the Office of Personnel Management to establish an 
emergency leave transfer program under which any employee in 
any agency may donate unused annual leave for transfer to 
employees of the same or other agencies who are adversely 
affected by such disaster or emergency.
    (c) The Office shall establish appropriate requirements for 
the operation of the emergency leave transfer program under 
subsection (b), including appropriate limitations on the 
donation and use of annual leave under the program. An employee 
may receive and use leave under the program without regard to 
any requirement that any annual leave and sick leave to a leave 
recipient's credit must be exhausted before any transferred 
annual leave may be used.
    (d) A leave bank established under subchapter IV may, to 
the extent provided in regulations prescribed by the Office, 
donate annual leave to the emergency leave transfer program 
established under subsection (b).
    (e) Except to the extent that the Office may prescribe by 
regulation, nothing in section 7351 shall apply to any 
solicitation, donation, or acceptance of leave under this 
section.
    (f) The Office shall prescribe regulations necessary for 
the administration of this section.


           Subpart F--Labor-Management and Employee Relations

                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
7101.    Findings and purpose.
7102.    Employees' rights.
7103.    Definitions; application.
7104.    Federal Labor Relations Authority.
7105.    Powers and duties of the Authority.
7106.    Management rights.

  SUBCHAPTER II--RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS

7111.    Exclusive recognition of labor organizations.
7112.    Determination of appropriate units for labor organization 
          representation.
7113.    National consultation rights.
7114.    Representation rights and duties.
7115.    Allotments to representatives.
7116.    Unfair labor practices.
7117.    Duty to bargain in good faith; compelling need; duty to 
          consult.
7118.    Prevention of unfair labor practices.
7119.    Negotiation impasses; Federal Service Impasses Panel.
7120.    Standards of conduct for labor organizations.

             SUBCHAPTER III--GRIEVANCES, APPEALS, AND REVIEW

7121.    Grievance procedures.
7122.    Exceptions to arbitral awards.
7123.    Judicial review; enforcement.

           SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS

7131.    Official time.
7132.    Subpenas.
7133.    Compilation and publication of data.
7134.    Regulations.
7135.    Continuation of existing laws, recognitions, agreements, and 
          procedures.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 7101. Findings and purpose

    (a) The Congress finds that--
            (1) experience in both private and public 
        employment indicates that the statutory protection of 
        the right of employees to organize, bargain 
        collectively, and participate through labor 
        organizations of their own choosing in decisions which 
        affect them--
                    (A) safeguards the public interest,
                    (B) contributes to the effective conduct of 
                public business, and
                    (C) facilitates and encourages the amicable 
                settlements of disputes between employees and 
                their employers involving conditions of 
                employment; and
            (2) the public interest demands the highest 
        standards of employee performance and the continued 
        development and implementation of modern and 
        progressive work practices to facilitate and improve 
        employee performance and the efficient accomplishment 
        of the operations of the Government.
Therefore, labor organizations and collective bargaining in the 
civil service are in the public interest.
    (b) It is the purpose of this chapter to prescribe certain 
rights and obligations of the employees of the Federal 
Government and to establish procedures which are designed to 
meet the special requirements and needs of the Government. The 
provisions of this chapter should be interpreted in a manner 
consistent with the requirement of an effective and efficient 
Government.

Sec. 7102. Employees' rights

    Each employee shall have the right to form, join, or assist 
any labor organization, or to refrain from any such activity, 
freely and without fear of penalty or reprisal, and each 
employee shall be protected in the exercise of such right. 
Except as otherwise provided under this chapter, such right 
includes the right--
            (1) to act for a labor organization in the capacity 
        of a representative and the right, in that capacity, to 
        present the views of the labor organization to heads of 
        agencies and other officials of the executive branch of 
        the Government, the Congress, or other appropriate 
        authorities, and
            (2) to engage in collective bargaining with respect 
        to conditions of employment through representatives 
        chosen by employees under this chapter.

Sec. 7103. Definitions; application

    (a) For the purpose of this chapter--
            (1) ``person'' means an individual, labor 
        organization, or agency;
            (2) ``employee'' means an individual--
                    (A) employed in an agency; or
                    (B) whose employment in an agency has 
                ceased because of any unfair labor practice 
                under section 7116 of this title and who has 
                not obtained any other regular and 
                substantially equivalent employment, as 
                determined under regulations prescribed by the 
                Federal Labor Relations Authority;
        but does not include--
                    (i) an alien or noncitizen of the United 
                States who occupies a position outside the 
                United States;
                    (ii) a member of the uniformed services;
                    (iii) a supervisor or a management 
                official;
                    (iv) an officer or employee in the Foreign 
                Service of the United States employed in the 
                Department of State, the International 
                Communication Agency, the Agency for 
                International Development, the Department of 
                Agriculture, or the Department of Commerce; or
                    (v) any person who participates in a strike 
                in violation of section 7311 of this title;
            (3) ``agency'' means an Executive agency (including 
        a nonappropriated fund instrumentality described in 
        section 2105(c) of this title and the Veterans' Canteen 
        Service, Department of Veterans Affairs), the Library 
        of Congress, the Government Printing Office, and the 
        Smithsonian Institution \1\ but does not include--
---------------------------------------------------------------------------
    \1\ So in law. There probably should be a comma.
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                    (A) the General Accounting Office;
                    (B) the Federal Bureau of Investigation;
                    (C) the Central Intelligence Agency;
                    (D) the National Security Agency;
                    (E) the Tennessee Valley Authority;
                    (F) the Federal Labor Relations Authority;
                    (G) the Federal Service Impasses Panel; or
                    (H) the United States Secret Service and 
                the United States Secret Service Uniformed 
                Division.
            (4) ``labor organization'' means an organization 
        composed in whole or in part of employees, in which 
        employees participate and pay dues, and which has as a 
        purpose the dealing with an agency concerning 
        grievances and conditions of employment, but does not 
        include--
                    (A) an organization which, by its 
                constitution, bylaws, tacit agreement among its 
                members, or otherwise, denies membership 
                because of race, color, creed, national origin, 
                sex, age, preferential or nonpreferential civil 
                service status, political affiliation, marital 
                status, or handicapping condition;
                    (B) an organization which advocates the 
                overthrow of the constitutional form of 
                government of the United States;
                    (C) an organization sponsored by an agency; 
                or
                    (D) an organization which participates in 
                the conduct of a strike against the Government 
                or any agency thereof or imposes a duty or 
                obligation to conduct, assist, or participate 
                in such a strike;
            (5) ``dues'' means dues, fees, and assessments;
            (6) ``Authority'' means the Federal Labor Relations 
        Authority described in section 7104(a) of this title;
            (7) ``Panel'' means the Federal Service Impasses 
        Panel described in section 7119(c) of this title;
            (8) ``collective bargaining agreement'' means an 
        agreement entered into as a result of collective 
        bargaining pursuant to the provisions of this chapter;
            (9) ``grievance'' means any complaint--
                    (A) by any employee concerning any matter 
                relating to the employment of the employee;
                    (B) by any labor organization concerning 
                any matter relating to the employment of any 
                employee; or
                    (C) by any employee labor organization, or 
                agency concerning--
                            (i) the effect or interpretation, 
                        or a claim of breach, of a collective 
                        bargaining agreement; or
                            (ii) any claimed violation, 
                        misinterpretation, or misapplication of 
                        any law, rule, or regulation affecting 
                        conditions of employment;
            (10) ``supervisor'' means an individual employed by 
        an agency having authority in the interest of the 
        agency to hire, direct, assign, promote, reward, 
        transfer, furlough, layoff, recall, suspend, 
        discipline, or remove employees, to adjust their 
        grievances, or to effectively recommend such action, if 
        the exercise of the authority is not merely routine or 
        clerical in nature but requires the consistent exercise 
        of independent judgment, except that, with respect to 
        any unit which includes firefighters or nurses, the 
        term ``supervisor'' includes only those individuals who 
        devote a preponderance of their employment time to 
        exercising such authority;
            (11) ``management official'' means an individual 
        employed by an agency in a position the duties and 
        responsibilities of which require or authorize the 
        individual to formulate, determine, or influence the 
        policies of the agency;
            (12) ``collective bargaining'' means the 
        performance of the mutual obligation of the 
        representative of an agency and the exclusive 
        representative of employees in an appropriate unit in 
        the agency to meet at reasonable times and to consult 
        and bargain in a good-faith effort to reach agreement 
        with respect to the conditions of employment affecting 
        such employees and to execute, if requested by either 
        party, a written document incorporating any collective 
        bargaining agreement reached, but the obligation 
        referred to in this paragraph does not compel either 
        party to agree to a proposal or to make a concession;
            (13) ``confidential employee'' means an employee 
        who acts in a confidential capacity with respect to an 
        individual who formulates or effectuates management 
        policies in the field of labor-management relations;
            (14) ``conditions of employment'' means personnel 
        policies, practices, and matters, whether established 
        by rule, regulation, or otherwise, affecting working 
        conditions, except that such term does not include 
        policies, practices, and matters--
                    (A) relating to political activities 
                prohibited under subchapter III of chapter 73 
                of this title;
                    (B) relating to the classification of any 
                position; or
                    (C) to the extent such matters are 
                specifically provided for by Federal statute;
            (15) ``professional employee'' means--
                    (A) an employee engaged in the performance 
                of work--
                            (i) requiring knowledge of an 
                        advanced type in a field of science or 
                        learning customarily acquired by a 
                        prolonged course of specialized 
                        intellectual instruction and study in 
                        an institution of higher learning or a 
                        hospital (as distinguished from 
                        knowledge acquired by a general 
                        academic education, or from an 
                        apprenticeship, or from training in the 
                        performance of routine mental, manual, 
                        mechanical, or physical activities);
                            (ii) requiring the consistent 
                        exercise of discretion and judgment in 
                        its performance;
                            (iii) which is predominantly 
                        intellectual and varied in character 
                        (as distinguished from routine mental, 
                        manual, mechanical, or physical work); 
                        and
                            (iv) which is of such character 
                        that the output produced or the result 
                        accomplished by such work cannot be 
                        standardized in relation to a given 
                        period of time; or
                    (B) an employee who has completed the 
                courses of specialized intellectual instruction 
                and study described in subparagraph (A)(i) of 
                this paragraph and is performing related work 
                under appropriate direction or guidance to 
                qualify the employee as a professional employee 
                described in subparagraph (A) of this 
                paragraph;
            (16) ``exclusive representative'' means any labor 
        organization which--
                    (A) is certified as the exclusive 
                representative of employees in an appropriate 
                unit pursuant to section 7111 of this title; or
                    (B) was recognized by an agency immediately 
                before the effective date of this chapter as 
                the exclusive representative of employees in an 
                appropriate unit--
                            (i) on the basis of an election, or
                            (ii) on any basis other than an 
                        election,
        and continues to be so recognized in accordance with 
        the provisions of this chapter;
            (17) ``firefighter'' means any employee engaged in 
        the performance of work directly connected with the 
        control and extinguishment of fires or the maintenance 
        and use of firefighting apparatus and equipment; and
            (18) ``United States'' means the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the Virgin Islands, the Trust Territory of the 
        Pacific Islands, and any territory or possession of the 
        United States.
    (b)(1) The President may issue an order excluding any 
agency or subdivision thereof from coverage under this chapter 
if the President determines that--
            (A) the agency or subdivision has as a primary 
        function intelligence, counterintelligence, 
        investigative, or national security work, and
            (B) the provisions of this chapter cannot be 
        applied to that agency or subdivision in a manner 
        consistent with national security requirements and 
        considerations.
    (2) The President may issue an order suspending any 
provision of this chapter with respect to any agency, 
installation, or activity located outside the 50 States and the 
District of Columbia, if the President determines that the 
suspension is necessary in the interest of national security.

Sec. 7104. Federal Labor Relations Authority

    (a) The Federal Labor Relations Authority is composed of 
three members, not more than 2 of whom may be adherents of the 
same political party. No member shall engage in any other 
business or employment or hold another office or position in 
the Government of the United States except as otherwise 
provided by law.
    (b) Members of the Authority shall be appointed by the 
President by and with the advice and consent of the Senate, and 
may be removed by the President only upon notice and hearing 
and only for inefficiency, neglect of duty, or malfeasance in 
office. The President shall designate one member to serve as 
Chairman of the Authority. The Chairman is the chief executive 
and administrative officer of the Authority.
    (c) A member of the Authority shall be appointed for a term 
of 5 years. An individual chosen to fill a vacancy shall be 
appointed for the unexpired term of the member replaced. The 
term of any member shall not expire before the earlier of--
            (1) the date on which the member's successor takes 
        office, or
            (2) the last day of the Congress beginning after 
        the date on which the member's term of office would 
        (but for this paragraph) expire.
    (d) A vacancy in the Authority shall not impair the right 
of the remaining members to exercise all of the powers of the 
Authority.
    (e) The Authority shall make an annual report to the 
President for transmittal to the Congress which shall include 
information as to the cases it has heard and the decisions it 
has rendered.
    (f)(1) The General Counsel of the Authority shall be 
appointed by the President, by and with the advice and consent 
of the Senate, for a term of 5 years. The General Counsel may 
be removed at any time by the President. The General Counsel 
shall hold no other office or position in the Government of the 
United States except as provided by law.
    (2) The General Counsel may--
            (A) investigate alleged unfair labor practices 
        under this chapter,
            (B) file and prosecute complaints under this 
        chapter, and
            (C) exercise such other powers of the Authority as 
        the Authority may prescribe.
    (3) The General Counsel shall have direct authority over, 
and responsibility for, all employees in the office of General 
Counsel, including employees of the General Counsel in the 
regional offices of the Authority.

Sec. 7105. Powers and duties of the Authority

    (a)(1) The Authority shall provide leadership in 
establishing policies and guidance relating to matters under 
this chapter, and, except as otherwise provided, shall be 
responsible for carrying out the purpose of this chapter.
    (2) The Authority shall, to the extent provided in this 
chapter and in accordance with regulations prescribed by the 
Authority--
            (A) determine the appropriateness of units for 
        labor organization representation under section 7112 of 
        this title;
            (B) supervise or conduct elections to determine 
        whether a labor organization has been selected as an 
        exclusive representative by a majority of the employees 
        in an appropriate unit and otherwise administer the 
        provisions of section 7111 of this title relating to 
        the according of exclusive recognition to labor 
        organizations;
            (C) prescribe criteria and resolve issues relating 
        to the granting of national consultation rights under 
        section 7113 of this title;
            (D) prescribe criteria and resolve issues relating 
        to determining compelling need for agency rules or 
        regulations under section 7117(b) of this title;
            (E) resolves issues relating to the duty to bargain 
        in good faith under section 7117(c) of this title;
            (F) prescribe criteria relating to the granting of 
        consultation rights with respect to conditions of 
        employment under section 7117(d) of this title;
            (G) conduct hearings and resolve complaints of 
        unfair labor practices under section 7118 of this 
        title;
            (H) resolve exceptions to arbitrator's awards under 
        section 7122 of this title; and
            (I) take such other actions as are necessary and 
        appropriate to effectively administer the provisions of 
        this chapter.
    (b) The Authority shall adopt an official seal which shall 
be judicially noticed.
    (c) The principal office of the Authority shall be in or 
about the District of Columbia, but the Authority may meet and 
exercise any or all of its powers at any time or place. Except 
as otherwise expressly provided by law, the Authority may, by 
one or more of its members or by such agents as it may 
designate, make any appropriate inquiry necessary to carry out 
its duties wherever persons subject to this chapter are 
located. Any member who participates in the inquiry shall not 
be disqualified from later participating in a decision of the 
Authority in any case relating to the inquiry.
    (d) The Authority shall appoint an Executive Director and 
such regional directors, administrative law judges under 
section 3105 of this title, and other individuals as it may 
from time to time find necessary for the proper performance of 
its functions. The Authority may delegate to officers and 
employees appointed under this subsection authority to perform 
such duties and make such expenditures as may be necessary.
    (e)(1) The Authority may delegate to any regional director 
its authority under this chapter--
            (A) to determine whether a group of employees is an 
        appropriate unit;
            (B) to conduct investigations and to provide for 
        hearings;
            (C) to determine whether a question of 
        representation exists and to direct an election; and
            (D) to supervise or conduct secret ballot elections 
        and certify the results thereof.
    (2) The Authority may delegate to any administrative law 
judge appointed under subsection (d) of this section its 
authority under section 7118 of this title to determine whether 
any person has engaged in or is engaging in an unfair labor 
practice.
    (f) If the Authority delegates any authority to any 
regional director or administrative law judge to take any 
action pursuant to subsection (e) of this section, the 
Authority may, upon application by any interested person filed 
within 60 days after the date of the action, review such 
action, but the review shall not, unless specifically ordered 
by the Authority, operate as a stay of action. The Authority 
may affirm, modify, or reverse any action reviewed under this 
subsection. If the Authority does not undertake to grant review 
of the action under this subsection within 60 days after the 
later of--
            (1) the date of the action; or
            (2) the date of the filing of any application under 
        this subsection for review of the action;
the action shall become the action of the Authority at the end 
of such 60-day period.
    (g) In order to carry out its functions under this chapter, 
the Authority may--
            (1) hold hearings;
            (2) administer oaths, take the testimony or 
        deposition of any person under oath, and issue subpenas 
        as provided in section 7132 of this title; and
            (3) may require an agency or a labor organization 
        to cease and desist from violations of this chapter and 
        require it to take any remedial action it considers 
        appropriate to carry out the policies of this chapter.
    (h) Except as provided in section 518 of title 28, relating 
to litigation before the Supreme Court, attorneys designated by 
the Authority may appear for the Authority and represent the 
Authority in any civil action brought in connection with any 
function carried out by the Authority pursuant to this title or 
as otherwise authorized by law.
    (i) In the exercise of the functions of the Authority under 
this title, the Authority may request from the Director of the 
Office of Personnel Management an advisory opinion concerning 
the proper interpretation of rules, regulations, or policy 
directives issued by the Office of Personnel Management in 
connection with any matter before the Authority.

Sec. 7106. Management rights

    (a) Subject to subsection (b) of this section, nothing in 
this chapter shall affect the authority of any management 
official of any agency--
            (1) to determine the mission, budget, organization, 
        number of employees, and internal security practices of 
        the agency; and
            (2) in accordance with applicable laws--
                    (A) to hire, assign, direct, layoff, and 
                retain employees in the agency, or to suspend, 
                remove, reduce in grade or pay, or take other 
                disciplinary action against such employees;
                    (B) to assign work, to make determinations 
                with respect to contracting out, and to 
                determine the personnel by which agency 
                operations shall be conducted;
                    (C) with respect to filling positions, to 
                make selections for appointments from--
                            (i) among properly ranked and 
                        certified candidates for promotion; or
                            (ii) any other appropriate source; 
                        and
                    (D) to take whatever actions may be 
                necessary to carry out the agency mission 
                during emergencies.
    (b) Nothing in this section shall preclude any agency and 
any labor organization from negotiating--
            (1) at the election of the agency, on the numbers, 
        types, and grades of employees or positions assigned to 
        any organizational subdivision, work project, or tour 
        of duty, or on the technology, methods, and means of 
        performing work;
            (2) procedures which management officials of the 
        agency will observe in exercising any authority under 
        this section; or
            (3) appropriate arrangements for employees 
        adversely affected by the exercise of any authority 
        under this section by such management officials.


  SUBCHAPTER II--RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS

Sec. 7111. Exclusive recognition of labor organizations

    (a) An agency shall accord exclusive recognition to a labor 
organization if the organization has been selected as the 
representative, in a secret ballot election, by a majority of 
the employees in an appropriate unit who cast valid ballots in 
the election.
    (b) If a petition is filed with the Authority--
            (1) by any person alleging--
                    (A) in the case of an appropriate unit for 
                which there is no exclusive representative, 
                that 30 percent of the employees in the 
                appropriate unit wish to be represented for the 
                purpose of collective bargaining by an 
                exclusive representative, or
                    (B) in the case of an appropriate unit for 
                which there is an exclusive representative, 
                that 30 percent of the employees in the unit 
                allege that the exclusive representative is no 
                longer the representative of the majority of 
                the employees in the unit; or
            (2) by any person seeking clarification of, or an 
        amendment to, a certification then in effect or a 
        matter relating to representation;
the Authority shall investigate the petition, and if it has 
reasonable cause to believe that a question of representation 
exists, it shall provide an opportunity for a hearing (for 
which a transcript shall be kept) after a reasonable notice. If 
the Authority finds on the record of the hearing that a 
question of representation exists, the Authority shall 
supervise or conduct an election on the question by secret 
ballot and shall certify the results thereof. An election under 
this subsection shall not be conducted in any appropriate unit 
or in any subdivision thereof within which, in the preceding 12 
calendar months, a valid election under this subsection has 
been held.
    (c) A labor organization which--
            (1) has been designated by at least 10 percent of 
        the employees in the unit specified in any petition 
        filed pursuant to subsection (b) of this section;
            (2) has submitted a valid copy of a current or 
        recently expired collective bargaining agreement for 
        the unit; or
            (3) has submitted other evidence that it is the 
        exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to 
subsection (b) of this section and shall be placed on the 
ballot of any election under such subsection (b) with respect 
to the petition.
    (d) The Authority shall determine who is eligible to vote 
in any election under this section and shall establish rules 
governing any such election, which shall include rules allowing 
employees eligible to vote the opportunity to choose--
            (1) from labor organizations on the ballot, that 
        labor organization which the employees wish to have 
        represent them; or
            (2) not to be represented by a labor organization.
In any election in which no choice on the ballot receives a 
majority of the votes cast, a runoff election shall be 
conducted between the two choices receiving the highest number 
of votes. A labor organization which receives the majority of 
the votes cast in an election shall be certified by the 
Authority as the exclusive representative.
    (e) A labor organization seeking exclusive recognition 
shall submit to the Authority and the agency involved a roster 
of its officers and representatives, a copy of its constitution 
and bylaws, and a statement of its objectives.
    (f) Exclusive recognition shall not be accorded to a labor 
organization--
            (1) if the Authority determines that the labor 
        organization is subject to corrupt influences or 
        influences opposed to democratic principles;
            (2) in the case of a petition filed pursuant to 
        subsection (b)(1)(A) of this section, if there is not 
        credible evidence that at least 30 percent of the 
        employees in the unit specified in the petition wish to 
        be represented for the purpose of collective bargaining 
        by the labor organization seeking exclusive 
        recognition;
            (3) if there is then in effect a lawful written 
        collective bargaining agreement between the agency 
        involved and an exclusive representative (other than 
        the labor organization seeking exclusive recognition) 
        covering any employees included in the unit specified 
        in the petition, unless--
                    (A) the collective bargaining agreement has 
                been in effect for more than 3 years, or
                    (B) the petition for exclusive recognition 
                is filed not more than 105 days and not less 
                than 60 days before the expiration date of the 
                collective bargaining agreement; or
            (4) if the Authority has, within the previous 12 
        calendar months, conducted a secret ballot election for 
        the unit described in any petition under this section 
        and in such election a majority of the employees voting 
        chose a labor organization for certification as the 
        unit's exclusive representative.
    (g) Nothing in this section shall be construed to prohibit 
the waiving of hearings by stipulation for the purpose of a 
consent election in conformity with regulations and rules or 
decisions of the Authority.

Sec. 7112. Determination of appropriate units for labor organization 
                    representation

    (a) The Authority shall determine the appropriateness of 
any unit. The Authority shall determine in each case whether, 
in order to ensure employees the fullest freedom in exercising 
the rights guaranteed under this chapter, the appropriate unit 
should be established on an agency, plant, installation, 
functional, or other basis and shall determine any unit to be 
an appropriate unit only if the determination will ensure a 
clear and identifiable community of interest among the 
employees in the unit and will promote effective dealings with, 
and efficiency of the operations of the agency involved.
    (b) A unit shall not be determined to be appropriate under 
this section solely on the basis of the extent to which 
employees in the proposed unit have organized, nor shall a unit 
be determined to be appropriate if it includes--
            (1) except as provided under section 7135(a)(2) of 
        this title, any management official or supervisor;
            (2) a confidential employee;
            (3) an employee engaged in personnel work in other 
        than a purely clerical capacity;
            (4) an employee engaged in administering the 
        provisions of this chapter;
            (5) both professional employees and other 
        employees, unless a majority of the professional 
        employees vote for inclusion in the unit;
            (6) any employee engaged in intelligence, 
        counterintelligence, investigative, or security work 
        which directly affects national security; or
            (7) any employee primarily engaged in investigation 
        or audit functions relating to the work of individuals 
        employed by an agency whose duties directly affect the 
        internal security of the agency, but only if the 
        functions are undertaken to ensure that the duties are 
        discharged honestly and with integrity.
    (c) Any employee who is engaged in administering any 
provision of law relating to labor-management relations may not 
be represented by a labor organization--
            (1) which represents other individuals to whom such 
        provision applies; or
            (2) which is affiliated directly or indirectly with 
        an organization which represents other individuals to 
        whom such provision applies.
    (d) Two or more units which are in an agency and for which 
a labor organization is the exclusive representative may, upon 
petition by the agency or labor organization, be consolidated 
with or without an election into a single larger unit if the 
Authority considers the larger unit to be appropriate. The 
Authority shall certify the labor organization as the exclusive 
representative of the new larger unit.

Sec. 7113. National consultation rights

    (a) If, in connection with any agency, no labor 
organization has been accorded exclusive recognition on an 
agency basis, a labor organization which is the exclusive 
representative of a substantial number of the employees of the 
agency, as determined in accordance with criteria prescribed by 
the Authority, shall be granted national consultation rights by 
the agency. National consultation rights shall terminate when 
the labor organization no longer meets the criteria prescribed 
by the Authority. Any issue relating to any labor 
organization's eligibility for, or continuation of, national 
consultation rights shall be subject to determination by the 
Authority.
    (b)(1) Any labor organization having national consultation 
rights in connection with any agency under subsection (a) of 
this section shall--
            (A) be informed of any substantive change in 
        conditions of employment proposed by the agency, and
            (B) be permitted reasonable time to present its 
        views and recommendations regarding the changes.
    (2) If any views or recommendations are presented under 
paragraph (1) of this subsection to an agency by any labor 
organization--
            (A) the agency shall consider the views or 
        recommendations before taking final action on any 
        matter with respect to which the views or 
        recommendations are presented; and
            (B) the agency shall provide the labor organization 
        a written statement of the reasons for taking the final 
        action.
    (c) Nothing in this section shall be construed to limit the 
right of any agency or exclusive representative to engage in 
collective bargaining.

Sec. 7114. Representation rights and duties

    (a)(1) A labor organization which has been accorded 
exclusive recognition is the exclusive representative of the 
employees in the unit it represents and is entitled to act for, 
and negotiate collective bargaining agreements covering, all 
employees in the unit. An exclusive representative is 
responsible for representing the interests of all employees in 
the unit it represents without discrimination and without 
regard to labor organization membership.
    (2) An exclusive representative of an appropriate unit in 
an agency shall be given the opportunity to be represented at--
            (A) any formal discussion between one or more 
        representatives of the agency and one or more employees 
        in the unit or their representatives concerning any 
        grievance or any personnel policy or practices or other 
        general condition of employment; or
            (B) any examination of an employee in the unit by a 
        representative of the agency in connection with an 
        investigation if--
                    (i) the employee reasonably believes that 
                the examination may result in disciplinary 
                action against the employee; and
                    (ii) the employee requests representation.
    (3) Each agency shall annually inform its employees of 
their rights under paragraph (2)(B) of this subsection.
    (4) Any agency and any exclusive representative in any 
appropriate unit in the agency, through appropriate 
representatives, shall meet and negotiate in good faith for the 
purposes of arriving at a collective bargaining agreement. In 
addition, the agency and the exclusive representative may 
determine appropriate techniques, consistent with the 
provisions of section 7119 of this title, to assist in any 
negotiation.
    (5) The rights of an exclusive representative under the 
provisions of this subsection shall not be construed to 
preclude an employee from--
            (A) being represented by an attorney or other 
        representative, other than the exclusive 
        representative, of the employee's own choosing in any 
        grievance or appeal action; or
            (B) exercising grievance or appellate rights 
        established by law, rule, or regulation;
except in the case of grievance or appeal procedures negotiated 
under this chapter.
    (b) The duty of an agency and an exclusive representative 
to negotiate in good faith under subsection (a) of this section 
shall include the obligation--
            (1) to approach the negotiations with a sincere 
        resolve to reach a collective bargaining agreement;
            (2) to be represented at the negotiations by duly 
        authorized representatives prepared to discuss and 
        negotiate on any condition of employment;
            (3) to meet at reasonable times and convenient 
        places as frequently as may be necessary, and to avoid 
        unnecessary delays;
            (4) in the case of an agency, to furnish to the 
        exclusive representative involved, or its authorized 
        representative, upon request and, to the extent not 
        prohibited by law, data--
                    (A) which is normally maintained by the 
                agency in the regular course of business;
                    (B) which is reasonably available and 
                necessary for full and proper discussion, 
                understanding, and negotiation of subjects 
                within the scope of collective bargaining; and
                    (C) which does not constitute guidance, 
                advice, counsel, or training provided for 
                management officials or supervisors, relating 
                to collective bargaining; and
            (5) if agreement is reached, to execute on the 
        request of any party to the negotiation a written 
        document embodying the agreed terms, and to take such 
        steps as are necessary to implement such agreement.
    (c)(1) An agreement between any agency and an exclusive 
representative shall be subject to approval by the head of the 
agency.
    (2) The head of the agency shall approve the agreement 
within 30 days from the date the agreement is executed if the 
agreement is in accordance with the provisions of this chapter 
and any other applicable law, rule, or regulation (unless the 
agency has granted an exception to the provision).
    (3) If the head of the agency does not approve or 
disapprove the agreement within the 30-day period, the 
agreement shall take effect and shall be binding on the agency 
and the exclusive representative subject to the provisions of 
this chapter and any other applicable law, rule, or regulation.
    (4) A local agreement subject to a national or other 
controlling agreement at a higher level shall be approved under 
the procedures of the controlling agreement or, if none, under 
regulations prescribed by the agency.

Sec. 7115. Allotments to representatives

    (a) If an agency has received from an employee in an 
appropriate unit a written assignment which authorizes the 
agency to deduct from the pay of the employee amounts for the 
payment of regular and periodic dues of the exclusive 
representative of the unit, the agency shall honor the 
assignment and make an appropriate allotment pursuant to the 
assignment. Any such allotment shall be made at no cost to the 
exclusive representative or the employee. Except as provided 
under subsection (b) of this section, any such assignment may 
not be revoked for a period of 1 year.
    (b) An allotment under subsection (a) of this section for 
the deduction of dues with respect to any employee shall 
terminate when--
            (1) the agreement between the agency and the 
        exclusive representative involved ceases to be 
        applicable to the employee; or
            (2) the employee is suspended or expelled from 
        membership in the exclusive representative.
    (c)(1) Subject to paragraph (2) of this subsection, if a 
petition has been filed with the Authority by a labor 
organization alleging that 10 percent of the employees in an 
appropriate unit in an agency have membership in the labor 
organization, the Authority shall investigate the petition to 
determine its validity. Upon certification by the Authority of 
the validity of the petition, the agency shall have a duty to 
negotiate with the labor organization solely concerning the 
deduction of dues of the labor organization from the pay of the 
members of the labor organization who are employees in the unit 
and who make a voluntary allotment for such purpose.
    (2)(A) The provisions of paragraph (1) of this subsection 
shall not apply in the case of any appropriate unit for which 
there is an exclusive representative.
    (B) Any agreement under paragraph (1) of this subsection 
between a labor organization and an agency with respect to an 
appropriate unit shall be null and void upon the certification 
of an exclusive representative of the unit.

Sec. 7116. Unfair labor practices

    (a) For the purpose of this chapter, it shall be an unfair 
labor practice for an agency--
            (1) to interfere with, restrain, or coerce any 
        employee in the exercise by the employee of any right 
        under this chapter;
            (2) to encourage or discourage membership in any 
        labor organization by discrimination in connection with 
        hiring, tenure, promotion, or other conditions of 
        employment;
            (3) to sponsor, control, or otherwise assist any 
        labor organization, other than to furnish, upon 
        request, customary and routine services and facilities 
        if the services and facilities are also furnished on an 
        impartial basis to other labor organizations having 
        equivalent status;
            (4) to discipline or otherwise discriminate against 
        an employee because the employee has filed a complaint, 
        affidavit, or petition, or has given any information or 
        testimony under this chapter;
            (5) to refuse to consult or negotiate in good faith 
        with a labor organization as required by this chapter;
            (6) to fail or refuse to cooperate in impasse 
        procedures and impasse decisions as required by this 
        chapter;
            (7) to enforce any rule or regulation (other than a 
        rule or regulation implementing section 2302 of this 
        title) which is in conflict with any applicable 
        collective bargaining agreement if the agreement was in 
        effect before the date the rule or regulation was 
        prescribed; or
            (8) to otherwise fail or refuse to comply with any 
        provision of this chapter.
    (b) For the purpose of this chapter, it shall be an unfair 
labor practice for a labor organization--
            (1) to interfere with, restrain, or coerce any 
        employee in the exercise by the employee of any right 
        under this chapter;
            (2) to cause or attempt to cause an agency to 
        discriminate against any employee in the exercise by 
        the employee of any right under this chapter;
            (3) to coerce, discipline, fine, or attempt to 
        coerce a member of the labor organization as 
        punishment, reprisal, or for the purpose of hindering 
        or impeding the member's work performance or 
        productivity as an employee or the discharge of the 
        member's duties as an employee;
            (4) to discriminate against an employee with regard 
        to the terms or conditions of membership in the labor 
        organization on the basis of race, color, creed, 
        national origin, sex, age, preferential or 
        nonpreferential civil service status, political 
        affiliation, marital status, or handicapping condition;
            (5) to refuse to consult or negotiate in good faith 
        with an agency as required by this chapter;
            (6) to fail or refuse to cooperate in impasse 
        procedures and impasse decisions as required by this 
        chapter;
            (7)(A) to call, or participate in, a strike, work 
        stoppage, or slowdown, or picketing of an agency in a 
        labor-management dispute if such picketing interferes 
        with an agency's operations, or
            (B) to condone any activity described in 
        subparagraph (A) of this paragraph by failing to take 
        action to prevent or stop such activity; or
            (8) to otherwise fail or refuse to comply with any 
        provision of this chapter.
Nothing in paragraph (7) of this subsection shall result in any 
informational picketing which does not interfere with an 
agency's operations being considered as an unfair labor 
practice.
    (c) For the purpose of this chapter it shall be an unfair 
labor practice for an exclusive representative to deny 
membership to any employee in the appropriate unit represented 
by such exclusive representative except for failure--
            (1) to meet reasonable occupational standards 
        uniformly required for admission, or
            (2) to tender dues uniformly required as a 
        condition of acquiring and retaining membership.
This subsection does not preclude any labor organization from 
enforcing discipline in accordance with procedures under its 
constitution or bylaws to the extent consistent with the 
provisions of this chapter.
    (d) Issues which can properly be raised under an appeals 
procedure may not be raised as unfair labor practices 
prohibited under this section. Except for matters wherein, 
under section 7121(e) and (f) of this title, an employee has an 
option of using the negotiated grievance procedure or an 
appeals procedure, issues which can be raised under a grievance 
procedure may, in the discretion of the aggrieved party, be 
raised under the grievance procedure or as an unfair labor 
practice under this section, but not under both procedures.
    (e) The expression of any personal view, argument, opinion 
or the making of any statement which--
            (1) publicizes the fact of a representational 
        election and encourages employees to exercise their 
        right to vote in such election,
            (2) corrects the record with respect to any false 
        or misleading statement made by any person, or
            (3) informs employees of the Government's policy 
        relating to labor-management relations and 
        representation,
shall not, if the expression contains no threat of reprisal or 
force or promise of benefit or was not made under coercive 
conditions, (A) constitute an unfair labor practice under any 
provision of this chapter, or (B) constitute grounds for the 
setting aside of any election conducted under any provisions of 
this chapter.

Sec. 7117. Duty to bargain in good faith; compelling need; duty to 
                    consult

    (a)(1) Subject to paragraph (2) of this subsection, the 
duty to bargain in good faith shall, to the extent not 
inconsistent with any Federal law or any Government-wide rule 
or regulation, extend to matters which are the subject of any 
rule or regulation only if the rule or regulation is not a 
Government-wide rule or regulation.
    (2) The duty to bargain in good faith shall, to the extent 
not inconsistent with Federal law or any Government-wide rule 
or regulation, extend to matters which are the subject of any 
agency rule or regulation referred to in paragraph (3) of this 
subsection only if the Authority has determined under 
subsection (b) of this section that no compelling need (as 
determined under regulations prescribed by the Authority) 
exists for the rule or regulation.
    (3) Paragraph (2) of the subsection applies to any rule or 
regulation issued by any agency or issued by any primary 
national subdivision of such agency, unless an exclusive 
representative represents an appropriate unit including not 
less than a majority of the employees in the issuing agency or 
primary national subdivision, as the case may be, to whom the 
rule or regulation is applicable.
    (b)(1) In any case of collective bargaining in which an 
exclusive representative alleges that no compelling need exists 
for any rule or regulation referred to in subsection (a)(3) of 
this section which is then in effect and which governs any 
matter at issue in such collective bargaining, the Authority 
shall determine under paragraph (2) of this subsection, in 
accordance with regulations prescribed by the Authority, 
whether such a compelling need exists.
    (2) For the purpose of this section, a compelling need 
shall be determined not to exist for any rule or regulation 
only if--
            (A) the agency, or primary national subdivision, as 
        the case may be, which issued the rule or regulation 
        informs the Authority in writing that a compelling need 
        for the rule or regulation does not exist; or
            (B) the Authority determines that a compelling need 
        for a rule or regulation does not exist.
    (3) A hearing may be held, in the discretion of the 
Authority, before a determination is made under this 
subsection. If a hearing is held, it shall be expedited to the 
extent practicable and shall not include the General Counsel as 
a party.
    (4) The agency, or primary national subdivision, as the 
case may be, which issued the rule or regulation shall be a 
necessary party at any hearing under this subsection.
    (c)(1) Except in any case to which subsection (b) of this 
section applies, if an agency involved in collective bargaining 
with an exclusive representative alleges that the duty to 
bargain in good faith does not extend to any matter, the 
exclusive representative may appeal the allegation to the 
Authority in accordance with the provisions of this subsection.
    (2) The exclusive representative may, on or before the 15th 
day after the date on which the agency first makes the 
allegation referred to in paragraph (1) of this subsection, 
institute an appeal under this subsection by--
            (A) filing a petition with the Authority; and
            (B) furnishing a copy of the petition to the head 
        of the agency.
    (3) On or before the 30th day after the date of the receipt 
by the head of the agency of the copy of the petition under 
paragraph (2)(B) of this subsection, the agency shall--
            (A) file with the Authority a statement--
                    (i) withdrawing the allegation; or
                    (ii) setting forth in full its reasons 
                supporting the allegation; and
            (B) furnish a copy of such statement to the 
        exclusive representative.
    (4) On or before the 15th day after the date of the receipt 
by the exclusive representative of a copy of a statement under 
paragraph (3)(B) of this subsection, the exclusive 
representative shall file with the Authority its response to 
the statement.
    (5) A hearing may be held in the discretion of the 
Authority, before a determination is made under this 
subsection. If a hearing is held, it shall not include the 
General Counsel as a party.
    (6) The Authority shall expedite proceedings under this 
subsection to the extent practicable and shall issue to the 
exclusive representative and to the agency a written decision 
on the allegation and specific reasons therefore at the 
earliest practicable date.
    (d)(1) A labor organization which is the exclusive 
representative of a substantial number of employees, determined 
in accordance with criteria prescribed by the Authority, shall 
be granted consultation rights by any agency with respect to 
any Government-wide rule or regulation issued by the agency 
effecting any substantive change in any condition of 
employment. Such consultation rights shall terminate when the 
labor organization no longer meets the criteria prescribed by 
the Authority. Any issue relating to a labor organization's 
eligibility for, or continuation of, such consultation rights 
shall be subject to determination by the Authority.
    (2) A labor organization having consultation rights under 
paragraph (1) of this subsection shall--
            (A) be informed of any substantive change in 
        conditions of employment proposed by the agency, and
            (B) shall be permitted reasonable time to present 
        its views and recommendations regarding the changes.
    (3) If any views or recommendations are presented under 
paragraph (2) of this subsection to an agency by any labor 
organization--
            (A) the agency shall consider the views or 
        recommendations before taking final action on any 
        matter with respect to which the views or 
        recommendations are presented; and
            (B) the agency shall provide the labor organization 
        a written statement of the reasons for taking the final 
        action.

Sec. 7118. Prevention of unfair labor practices

    (a)(1) If any agency or labor organization is charged by 
any person with having engaged in or engaging in an unfair 
labor practice, the General Counsel shall investigate the 
charge and may issue and cause to be served upon the agency or 
labor organization a complaint. In any case in which the 
General Counsel does not issue a complaint because the charge 
fails to state an unfair labor practice, the General Counsel 
shall provide the person making the charge a written statement 
of the reasons for not issuing a complaint.
    (2) Any complaint under paragraph (1) of this subsection 
shall contain a notice--
            (A) of the charge;
            (B) that a hearing will be held before the 
        Authority (or any member thereof or before an 
        individual employed by the authority and designated for 
        such purpose); and
            (C) of the time and place fixed for the hearing.
    (3) The labor organization or agency involved shall have 
the right to file an answer to the original and any amended 
complaint and to appear in person or otherwise and give 
testimony at the time and place fixed in the complaint for the 
hearing.
    (4)(A) Except as provided in subparagraph (B) of this 
paragraph, no complaint shall be issued based on any alleged 
unfair labor practice which occurred more than 6 months before 
the filing of the charge with the Authority.
    (B) If the General Counsel determines that the person 
filing any charge was prevented from filing the charge during 
the 6-month period referred to in subparagraph (A) of this 
paragraph by reason of--
            (i) any failure of the agency or labor organization 
        against which the charge is made to perform a duty owed 
        to the person, or
            (ii) any concealment which prevented discovery of 
        the alleged unfair labor practice during the 6-month 
        period,
the General Counsel may issue a complaint based on the charge 
if the charge was filed during the 6-month period beginning on 
the day of the discovery by the person of the alleged unfair 
labor practice.
    (5) The General Counsel may prescribe regulations providing 
for informal methods by which the alleged unfair labor practice 
may be resolved prior to the issuance of a complaint.
    (6) The Authority (or any member thereof or any individual 
employed by the Authority and designated for such purpose) 
shall conduct a hearing on the complaint not earlier than 5 
days after the date on which the complaint is served. In the 
discretion of the individual or individuals conducting the 
hearing, any person involved may be allowed to intervene in the 
hearing and to present testimony. Any such hearing shall, to 
the extent practicable, be conducted in accordance with the 
provisions of subchapter II of chapter 5 of this title, except 
that the parties shall not be bound by rules of evidence, 
whether statutory, common law, or adopted by a court. A 
transcript shall be kept of the hearing. After such a hearing 
the Authority, in its discretion, may upon notice receive 
further evidence or hear argument.
    (7) If the Authority (or any member thereof or any 
individual employed by the Authority and designated for such 
purpose) determines after any hearing on a complaint under 
paragraph (5) of this subsection that the preponderance of the 
evidence received demonstrates that the agency or labor 
organization named in the complaint has engaged in or is 
engaging in an unfair labor practice, then the individual or 
individuals conducting the hearing shall state in writing their 
findings of fact and shall issue and cause to be served on the 
agency or labor organization an order--
            (A) to cease and desist from any such unfair labor 
        practice in which the agency or labor organization is 
        engaged;
            (B) requiring the parties to renegotiate a 
        collective bargaining agreement in accordance with the 
        order of the Authority and requiring that the 
        agreement, as amended, be given retroactive effect;
            (C) requiring reinstatement of an employee with 
        backpay in accordance with section 5596 of this title; 
        or
            (D) including any combination of the actions 
        described in subparagraphs (A) through (C) of this 
        paragraph or such other action as will carry out the 
        purpose of this chapter.
If any such order requires reinstatement of an employee with 
backpay, backpay may be required of the agency (as provided in 
section 5596 of this title) or of the labor organization, as 
the case may be, which is found to have engaged in the unfair 
labor practice involved.
    (8) If the individual or individuals conducting the hearing 
determine that the preponderance of the evidence received fails 
to demonstrate that the agency or labor organization named in 
the complaint has engaged in or is engaging in an unfair labor 
practice, the individual or individuals shall state in writing 
their findings of fact and shall issue an order dismissing the 
complaint.
    (b) In connection with any matter before the Authority in 
any proceeding under this section, the Authority may request, 
in accordance with the provisions of section 7105(i) of this 
title, from the Director of the Office of Personnel Management 
an advisory opinion concerning the proper interpretation of 
rules, regulations, or other policy directives issued by the 
Office of Personnel Management.

Sec. 7119. Negotiation impasses; Federal Service Impasses Panel

    (a) The Federal Mediation and Conciliation Service shall 
provide services and assistance to agencies and exclusive 
representatives in the resolution of negotiation impasses. The 
Service shall determine under what circumstances and in what 
manner it shall provide services and assistance.
    (b) If voluntary arrangements, including the services of 
the Federal Mediation and Conciliation Service or any other 
third-party mediation, fail to resolve a negotiation impasse--
            (1) either party may request the Federal Service 
        Impasses Panel to consider the matter, or
            (2) the parties may agree to adopt a procedure for 
        binding arbitration of the negotiation impasse, but 
        only if the procedure is approved by the Panel.
    (c)(1) The Federal Service Impasses Panel is an entity 
within the Authority, the function of which is to provide 
assistance in resolving negotiation impasses between agencies 
and exclusive representatives.
    (2) The Panel shall be composed of a Chairman and at least 
six other members, who shall be appointed by the President, 
solely on the basis of fitness to perform the duties and 
functions involved, from among individuals who are familiar 
with Government operations and knowledgeable in labor-
management relations.
    (3) Of the original members of the Panel, 2 members shall 
be appointed for a term of 1 year, 2 members shall be appointed 
for a term of 3 years, and the Chairman and the remaining 
members shall be appointed for a term of 5 years. Thereafter 
each member shall be appointed for a term of 5 years, except 
that an individual chosen to fill a vacancy shall be appointed 
for the unexpired term of the member replaced. Any member of 
the Panel may be removed by the President.
    (4) The Panel may appoint an Executive Director and any 
other individuals it may from time to time find necessary for 
the proper performance of its duties. Each member of the Panel 
who is not an employee (as defined in section 2105 of this 
title) is entitled to pay at a rate equal to the daily 
equivalent of the maximum annual rate of basic pay then 
currently paid under the General Schedule for each day he is 
engaged in the performance of official business of the Panel, 
including travel time, and is entitled to travel expenses as 
provided under section 5703 of this title.
    (5)(A) The Panel or its designee shall promptly investigate 
any impasse presented to it under subsection (b) of this 
section. The Panel shall consider the impasse and shall 
either--
            (i) recommend to the parties procedures for the 
        resolution of the impasse; or
            (ii) assist the parties in resolving the impasse 
        through whatever methods and procedures, including 
        factfinding and recommendations, it may consider 
        appropriate to accomplish the purpose of this section.
    (B) If the parties do not arrive at a settlement after 
assistance by the Panel under subparagraph (A) of this 
paragraph, the Panel may--
            (i) hold hearings;
            (ii) administer oaths, take the testimony or 
        deposition of any person under oath, and issue subpenas 
        as provided in section 7132 of this title; and
            (iii) take whatever action is necessary and not 
        inconsistent with this chapter to resolve the impasse.
    (C) Notice of any final action of the Panel under this 
section shall be promptly served upon the parties, and the 
action shall be binding on such parties during the term of the 
agreement, unless the parties agree otherwise.

Sec. 7120. Standards of conduct for labor organizations

    (a) An agency shall only accord recognition to a labor 
organization that is free from corrupt influences and 
influences opposed to basic democratic principles. Except as 
provided in subsection (b) of this section, an organization is 
not required to prove that it is free from such influences if 
it is subject to governing requirements adopted by the 
organization or by a national or international labor 
organization or federation of labor organizations with which it 
is affiliated, or in which it participates, containing explicit 
and detailed provisions to which it subscribes calling for--
            (1) the maintenance of democratic procedures and 
        practices including provisions for periodic elections 
        to be conducted subject to recognized safeguards and 
        provisions defining and securing the right of 
        individual members to participate in the affairs of the 
        organization, to receive fair and equal treatment under 
        the governing rules of the organization, and to receive 
        fair process in disciplinary proceedings;
            (2) the exclusion from office in the organization 
        of persons affiliated with communist or other 
        totalitarian movements and persons identified with 
        corrupt influences;
            (3) the prohibition of business or financial 
        interests on the part of organization officers and 
        agents which conflict with their duty to the 
        organization and its members; and
            (4) the maintenance of fiscal integrity in the 
        conduct of the affairs of the organization, including 
        provisions for accounting and financial controls and 
        regular financial reports or summaries to be made 
        available to members.
    (b) Notwithstanding the fact that a labor organization has 
adopted or subscribed to standards of conduct as provided in 
subsection (a) of this section, the organization is required to 
furnish evidence of its freedom from corrupt influences or 
influences opposed to basic democratic principles if there is 
reasonable cause to believe that--
            (1) the organization has been suspended or expelled 
        from, or is subject to other sanction, by a parent 
        labor organization, or federation of organizations with 
        which it had been affiliated, because it has 
        demonstrated an unwillingness or inability to comply 
        with governing requirements comparable in purpose to 
        those required by subsection (a) of this section; or
            (2) the organization is in fact subject to 
        influences that would preclude recognition under this 
        chapter.
    (c) A labor organization which has or seeks recognition as 
a representative of employees under this chapter shall file 
financial and other reports with the Assistant Secretary of 
Labor for Labor Management Relations, provide for bonding of 
officials and employees of the organization, and comply with 
trusteeship and election standards.
    (d) The Assistant Secretary shall prescribe such 
regulations as are necessary to carry out the purposes of this 
section. Such regulations shall conform generally to the 
principles applied to labor organizations in the private 
sector. Complaints of violations of this section shall be filed 
with the Assistant Secretary. In any matter arising under this 
section, the Assistant Secretary may require a labor 
organization to cease and desist from violations of this 
section and require it to take such actions as he considers 
appropriate to carry out the policies of this section.
    (e) This chapter does not authorize participation in the 
management of a labor organization or acting as a 
representative of a labor organization by a management 
official, a supervisor, or a confidential employee, except as 
specifically provided in this chapter, or by an employee if the 
participation or activity would result in a conflict or 
apparent conflict of interest or would otherwise be 
incompatible with law or with the official duties of the 
employee.
    (f) In the case of any labor organization which by omission 
or commission has willfully and intentionally, with regard to 
any strike, work stoppage, or slowdown, violated section 
7116(b)(7) of this title, the Authority shall, upon an 
appropriate finding by the Authority of such violation--
            (1) revoke the exclusive recognition status of the 
        labor organization, which shall then immediately cease 
        to be legally entitled and obligated to represent 
        employees in the unit; or
            (2) take any other appropriate disciplinary action.


            SUBCHAPTER III--GRIEVANCES, APPEALS, AND REVIEW

Sec. 7121. Grievance procedures

    (a)(1) Except as provided in paragraph (2) of this 
subsection, any collective bargaining agreement shall provide 
procedures for the settlement of grievances, including 
questions of arbitrability. Except as provided in subsections 
(d), (e), and (g) of this section, the procedures shall be the 
exclusive administrative procedures for resolving grievances 
which fall within its coverage.
    (2) Any collective bargaining agreement may exclude any 
matter from the application of the grievance procedures which 
are provided for in the agreement.
    (b)(1) Any negotiated grievance procedure referred to in 
subsection (a) of this section shall--
            (A) be fair and simple,
            (B) provide for expeditious processing, and
            (C) include procedures that--
                    (i) assure an exclusive representative the 
                right, in its own behalf or on behalf of any 
                employee in the unit represented by the 
                exclusive representative, to present and 
                process grievances;
                    (ii) assure such an employee the right to 
                present a grievance on the employee's own 
                behalf, and assure the exclusive representative 
                the right to be present during the grievance 
                proceeding; and
                    (iii) provide that any grievance not 
                satisfactorily settled under the negotiated 
                grievance procedure shall be subject to binding 
                arbitration which may be invoked by either the 
                exclusive representative or the agency.
    (2)(A) The provisions of a negotiated grievance procedure 
providing for binding arbitration in accordance with paragraph 
(1)(C)(iii) shall, if or to the extent that an alleged 
prohibited personnel practice is involved, allow the arbitrator 
to order--
            (i) a stay of any personnel action in a manner 
        similar to the manner described in section 1221(c) with 
        respect to the Merit Systems Protection Board; and
            (ii) the taking, by an agency, of any disciplinary 
        action identified under section 1215(a)(3) that is 
        otherwise within the authority of such agency to take.
    (B) Any employee who is the subject of any disciplinary 
action ordered under subparagraph (A)(ii) may appeal such 
action to the same extent and in the same manner as if the 
agency had taken the disciplinary action absent arbitration.
    (c) The preceding subsections of this section shall not 
apply with respect to any grievance concerning--
            (1) any claimed violation of subchapter III of 
        chapter 73 of this title (relating to prohibited 
        political activities);
            (2) retirement, life insurance, or health 
        insurance;
            (3) a suspension or removal under section 7532 of 
        this title;
            (4) any examination, certification, or appointment; 
        or
            (5) the classification of any position which does 
        not result in the reduction in grade or pay of an 
        employee.
    (d) An aggrieved employee affected by a prohibited 
personnel practice under section 2302(b)(1) of this title which 
also falls under the coverage of the negotiated grievance 
procedure may raise the matter under a statutory procedure or 
the negotiated procedure, but not both. An employee shall be 
deemed to have exercised his option under this subsection to 
raise the matter under either a statutory procedure or the 
negotiated procedure at such time as the employee timely 
initiates an action under the applicable statutory procedure or 
timely files a grievance in writing, in accordance with the 
provisions of the parties' negotiated procedure, whichever 
event occurs first. Selection of the negotiated procedure in no 
manner prejudices the right of an aggrieved employee to request 
the Merit Systems Protection Board to review the final decision 
pursuant to section 7702 of this title in the case of any 
personnel action that could have been appealed to the Board, 
or, where applicable, to request the Equal Employment 
Opportunity Commission to review a final decision in any other 
matter involving a complaint of discrimination of the type 
prohibited by any law administered by the Equal Employment 
Opportunity Commission.
    (e)(1) Matters covered under sections 4303 and 7512 of this 
title which also fall within the coverage of the negotiated 
grievance procedure may, in the discretion of the aggrieved 
employee, be raised either under the appellate procedures of 
section 7701 of this title or under the negotiated grievance 
procedure, but not both. Similar matters which arise under 
other personnel systems applicable to employees covered by this 
chapter may, in the discretion of the aggrieved employee, be 
raised either under the appellate procedures, if any, 
applicable to those matters, or under the negotiated grievance 
procedure, but not both. An employee shall be deemed to have 
exercised his option under this subsection to raise a matter 
either under the applicable appellate procedures or under the 
negotiated grievance procedure at such time as the employee 
timely files a notice of appeal under the applicable appellate 
procedures or timely files a grievance in writing in accordance 
with the provisions of the parties' negotiated grievance 
procedure, whichever event occurs first.
    (2) In matters covered under sections 4303 and 7512 of this 
title which have been raised under the negotiated grievance 
procedure in accordance with this section, an arbitrator shall 
be governed by section 7701(c)(1) of this title, as applicable.
    (f) In matters covered under sections 4303 and 7512 of this 
title which have been raised under the negotiated grievance 
procedure in accordance with this section, section 7703 of this 
title pertaining to judicial review shall apply to the award of 
an arbitrator in the same manner and under the same conditions 
as if the matter had been decided by the Board. In matters 
similar to those covered under sections 4303 and 7512 of this 
title which arise under other personnel systems and which an 
aggrieved employee has raised under the negotiated grievance 
procedure, judicial review of an arbitrator's award may be 
obtained in the same manner and on the same basis as could be 
obtained of a final decision in such matters raised under 
applicable appellate procedures.
    (g)(1) This subsection applies with respect to a prohibited 
personnel practice other than a prohibited personnel practice 
to which subsection (d) applies.
    (2) An aggrieved employee affected by a prohibited 
personnel practice described in paragraph (1) may elect not 
more than one of the remedies described in paragraph (3) with 
respect thereto. For purposes of the preceding sentence, a 
determination as to whether a particular remedy has been 
elected shall be made as set forth under paragraph (4).
    (3) The remedies described in this paragraph are as 
follows:
            (A) An appeal to the Merit Systems Protection Board 
        under section 7701.
            (B) A negotiated grievance procedure under this 
        section.
            (C) Procedures for seeking corrective action under 
        subchapters II and III of chapter 12.
    (4) For the purpose of this subsection, a person shall be 
considered to have elected--
            (A) the remedy described in paragraph (3)(A) if 
        such person has timely filed a notice of appeal under 
        the applicable appellate procedures;
            (B) the remedy described in paragraph (3)(B) if 
        such person has timely filed a grievance in writing, in 
        accordance with the provisions of the parties' 
        negotiated procedure; or
            (C) the remedy described in paragraph (3)(C) if 
        such person has sought corrective action from the 
        Office of Special Counsel by making an allegation under 
        section 1214(a)(1).
    (h) Settlements and awards under this chapter shall be 
subject to the limitations in section 5596(b)(4) of this title.

Sec. 7122. Exceptions to arbitral awards

    (a) Either party to arbitration under this chapter may file 
with the Authority an exception to any arbitrator's award 
pursuant to the arbitration (other than an award relating to a 
matter described in section 7121(f) of this title). If upon 
review the Authority finds that the award is deficient--
            (1) because it is contrary to any law, rule, or 
        regulation; or
            (2) on other grounds similar to those applied by 
        Federal courts in private sector labor-management 
        relations;
the Authority may take such action and make such 
recommendations concerning the award as it considers necessary, 
consistent with applicable laws, rules, or regulations.
    (b) If no exception to an arbitrator's award is filed under 
subsection (a) of this section during the 30-day period 
beginning on the date the award is served on the party, the 
award shall be final and binding. An agency shall take the 
actions required by an arbitrator's final award. The award may 
include the payment of backpay (as provided in section 5596 of 
this title).

Sec. 7123. Judicial review; enforcement

    (a) Any person aggrieved by any final order of the 
Authority other than an order under--
            (1) section 7122 of this title (involving an award 
        by an arbitrator), unless the order involves an unfair 
        labor practice under section 7118 of this title, or
            (2) section 7112 of this title (involving an 
        appropriate unit determination),
may, during the 60-day period beginning on the date on which 
the order was issued, institute an action for judicial review 
of the Authority's order in the United States court of appeals 
in the circuit in which the person resides or transacts 
business or in the United States Court of Appeals for the 
District of Columbia.
    (b) The Authority may petition any appropriate United 
States court of appeals for the enforcement of any order of the 
Authority and for appropriate temporary relief or restraining 
order.
    (c) Upon the filing of a petition under subsection (a) of 
this section for judicial review or under subsection (b) of 
this section for enforcement, the Authority shall file in the 
court the record in the proceedings, as provided in section 
2112 of title 28. Upon the filing of the petition, the court 
shall cause notice thereof to be served to the parties 
involved, and thereupon shall have jurisdiction of the 
proceeding and of the question determined therein and may grant 
any temporary relief (including a temporary restraining order) 
it considers just and proper, and may make and enter a decree 
affirming and enforcing, modifying and enforcing as so 
modified, or setting aside in whole or in part the order of the 
Authority. The filing of a petition under subsection (a) or (b) 
of this section shall not operate as a stay of the Authority's 
order unless the court specifically orders the stay. Review of 
the Authority's order shall be on the record in accordance with 
section 706 of this title. No objection that has not been urged 
before the Authority, or its designee, shall be considered by 
the court, unless the failure or neglect to urge the objection 
is excused because of extraordinary circumstances. The findings 
of the Authority with respect to questions of fact, if 
supported by substantial evidence on the record considered as a 
whole, shall be conclusive. If any person applies to the court 
for leave to adduce additional evidence and shows to the 
satisfaction of the court that the additional evidence is 
material and that there were reasonable grounds for the failure 
to adduce the evidence in the hearing before the Authority, or 
its designee, the court may order the additional evidence to be 
taken before the Authority, or its designee, and to be made a 
part of the record. The Authority may modify its findings as to 
the facts, or make new findings by reason of additional 
evidence so taken and filed. The Authority shall file its 
modified or new findings, which, with respect to questions of 
fact, if supported by substantial evidence on the record 
considered as a whole, shall be conclusive. The Authority shall 
file its recommendations, if any, for the modification or 
setting aside of its original order. Upon the filing of the 
record with the court, the jurisdiction of the court shall be 
exclusive and its judgment and decree shall be final, except 
that the judgment and decree shall be subject to review by the 
Supreme Court of the United States upon writ of certiorari or 
certification as provided in section 1254 of title 28.
    (d) The Authority may, upon issuance of a complaint as 
provided in section 7118 of this title charging that any person 
has engaged in or is engaging in an unfair labor practice, 
petition any United States district court within any district 
in which the unfair labor practice in question is alleged to 
have occurred or in which such person resides or transacts 
business for appropriate temporary relief (including a 
restraining order). Upon the filing of the petition, the court 
shall cause notice thereof to be served upon the person, and 
thereupon shall have jurisdiction to grant any temporary relief 
(including a temporary restraining order) it considers just and 
proper. A court shall not grant any temporary relief under this 
section if it would interfere with the ability of the agency to 
carry out its essential functions or if the Authority fails to 
establish probable cause that an unfair labor practice is being 
committed.


           SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS

Sec. 7131. Official time

    (a) Any employee representing an exclusive representative 
in the negotiation of a collective bargaining agreement under 
this chapter shall be authorized official time for such 
purposes, including attendance at impasse proceeding, during 
the time the employee otherwise would be in a duty status. The 
number of employees for whom official time is authorized under 
this subsection shall not exceed the number of individuals 
designated as representing the agency for such purposes.
    (b) Any activities performed by any employee relating to 
the internal business of a labor organization (including the 
solicitation of membership, elections of labor organization 
officials, and collection of dues) shall be performed during 
the time the employee is in a non-duty status.
    (c) Except as provided in subsection (a) of this section, 
the Authority shall determine whether any employee 
participating for, or on behalf of, a labor organization in any 
phase of proceedings before the Authority shall be authorized 
official time for such purpose during the time the employee 
otherwise would be in a duty status.
    (d) Except as provided in the preceding subsections of this 
section--
            (1) any employee representing an exclusive 
        representative, or
            (2) in connection with any other matter covered by 
        this chapter, any employee in an appropriate unit 
        represented by an exclusive representative,
shall be granted official time in any amount the agency and the 
exclusive representative involved agree to be reasonable, 
necessary, and in the public interest.

Sec. 7132. Subpenas

    (a) Any member of the Authority, the General Counsel, or 
the Panel, any administrative law judge appointed by the 
Authority under section 3105 of this title, and any employee of 
the Authority designated by the Authority may--
            (1) issue subpenas requiring the attendance and 
        testimony of witnesses and the production of 
        documentary or other evidence from any place in the 
        United States; and
            (2) administer oaths, take or order the taking of 
        depositions, order responses to written 
        interrogatories, examine witnesses, and receive 
        evidence.
No subpena shall be issued under this section which requires 
the disclosure of intramanagement guidance, advice, counsel, or 
training within an agency or between an agency and the Office 
of Personnel Management.
    (b) In the case of contumacy or failure to obey a subpena 
issued under subsection (a)(1) of this section, the United 
States district court for the judicial district in which the 
person to whom the subpena is addressed resides or is served 
may issue an order requiring such person to appear at any 
designated place to testify or to produce documentary or other 
evidence. Any failure to obey the order of the court may be 
punished by the court as a contempt thereof.
    (c) Witnesses (whether appearing voluntarily or under 
subpena) shall be paid the same fee and mileage allowances 
which are paid subpenaed witnesses in the courts of the United 
States.

Sec. 7133. Compilation and publication of data

    (a) The Authority shall maintain a file of its proceedings 
and copies of all available agreements and arbitration 
decisions, and shall publish the texts of its decisions and the 
actions taken by the Panel under section 7119 of this title.
    (b) All files maintained under subsection (a) of this 
section shall be open to inspection and reproduction in 
accordance with the provisions of sections 552 and 552a of this 
title.

Sec. 7134. Regulations

    The Authority, the General Counsel, the Federal Mediation 
and Conciliation Service, the Assistant Secretary of Labor for 
Labor Management Relations, and the Panel shall each prescribe 
rules and regulations to carry out the provisions of this 
chapter applicable to each of them, respectively. Provisions of 
subchapter II of chapter 5 of this title shall be applicable to 
the issuance, revision, or repeal of any such rule or 
regulation.

Sec. 7135. Continuation of existing laws, recognitions, agreements, and 
                    procedures

    (a) Nothing contained in this chapter shall preclude--
            (1) the renewal or continuation of an exclusive 
        recognition, certification of an exclusive 
        representative, or a lawful agreement between an agency 
        and an exclusive representative of its employees, which 
        is entered into before the effective date of this 
        chapter; or
            (2) the renewal, continuation, or initial according 
        of recognition for units of management officials or 
        supervisors represented by labor organizations which 
        historically or traditionally represent management 
        officials or supervisors in private industry and which 
        hold exclusive recognition for units of such officials 
        or supervisors in any agency on the effective date of 
        this chapter.
    (b) Policies, regulations, and procedures established under 
and decisions issued under Executive Orders 11491, 11616, 
11636, 11787, and 11838, or under any other Executive order, as 
in effect on the effective date of this chapter, shall remain 
in full force and effect until revised or revoked by the 
President, or unless superseded by specific provisions of this 
chapter or by regulations or decisions issued pursuant to this 
chapter.


       CHAPTER 72--ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

             SUBCHAPTER I--ANTIDISCRIMINATION IN EMPLOYMENT

Sec.
7201.    Antidiscrimination policy; minority recruitment program.
7202.    Marital status.
7203.    Handicapping condition.
7204.    Other prohibitions.

          SUBCHAPTER II--EMPLOYEES' RIGHT TO PETITION CONGRESS

7211.    Employees' right to petition Congress

             SUBCHAPTER I--ANTIDISCRIMINATION IN EMPLOYMENT

Sec. 7201. Antidiscrimination policy; minority recruitment program

    (a) For the purpose of this section--
            (1) ``underrepresentation'' means a situation in 
        which the number of members of a minority group 
        designation (determined by the Equal Employment 
        Opportunity Commission in consultation with the Office 
        of Personnel Management, on the basis of the policy set 
        forth in subsection (b) of this section) within a 
        category of civil service employment constitutes a 
        lower percentage of the total number of employees 
        within the employment category than the percentage that 
        the minority constituted within the labor force of the 
        United States, as determined under the most recent 
        decennial or mid-decade census, or current population 
        survey, under title 13, and
            (2) ``category of civil service employment'' 
        means--
                    (A) each grade of the General Schedule 
                described in section 5104 of this title;
                    (B) each position subject to subchapter IV 
                of chapter 53 of this title;
                    (C) such occupational, professional, or 
                other groupings (including occupational series) 
                within the categories established under 
                subparagraphs (A) and (B) of this paragraph as 
                the Office determines appropriate.
    (b) It is the policy of the United States to insure equal 
employment opportunities for employees without discrimination 
because of race, color, religion, sex, or national origin. The 
President shall use his existing authority to carry out this 
policy.
    (c) Not later than 180 days after the date of the enactment 
of the Civil Service Reform Act of 1978, the Office of 
Personnel Management shall, by regulation, implement a minority 
recruitment program which shall provide, to the maximum extent 
practicable--
            (1) that each Executive agency conduct a continuing 
        program for the recruitment of members of minorities 
        for positions in the agency to carry out the policy set 
        forth in subsection (b) in a manner designed to 
        eliminate underrepresentation of minorities in the 
        various categories of civil service employment within 
        the Federal service, with special efforts directed at 
        recruiting in minority communities, in educational 
        institutions, and from other sources from which 
        minorities can be recruited; and
            (2) that the Office conduct a continuing program 
        of--
                    (A) assistance to agencies in carrying out 
                programs under paragraph (1) of this 
                subsection, and
                    (B) evaluation and oversight and such 
                recruitment programs to determine their 
                effectiveness in eliminating such minority 
                underrepresentation.
    (d) Not later than 60 days after the date of the enactment 
of the Civil Service Reform Act of 1978, the Equal Employment 
Opportunity Commission shall--
            (1) establish the guidelines proposed to be used in 
        carrying out the program required under subsection (c) 
        of this section; and
            (2) make determinations of underrepresentation 
        which are proposed to be used initially under such 
        program; and
            (3) transmit to the Executive agencies involved, to 
        the Office of Personnel Management, and to the Congress 
        the determinations made under paragraph (2) of this 
        subsection.
    (e) Not later than January 31 of each year, the Office 
shall prepare and transmit to each House of the Congress a 
report on the activities of the Office and of Executive 
agencies under subsection (c) of this section, including the 
affirmative action plans submitted under section 717 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-16), the personnel 
data file maintained by the Office of Personnel Management, and 
any other data necessary to evaluate the effectiveness of the 
program for each category of civil service employment and for 
each minority group designation, for the preceding fiscal year, 
together with recommendations for administrative or legislative 
action the Office considers appropriate.

Sec. 7202. Marital status

    (a) The President may prescribe rules which shall prohibit, 
as nearly as conditions of good administration warrant, 
discrimination because of marital status in an Executive agency 
or in the competitive service.
    (b) Regulations prescribed under any provision of this 
title, or under any other provision of law, granting benefits 
to employees, shall provide the same benefits for a married 
female employee and her spouse and children as are provided for 
a married male employee and his spouse and children.
    (c) Notwithstanding any other provision of law, any 
provision of law providing a benefit to a male Federal employee 
or to his spouse or family shall be deemed to provide the same 
benefit to a female Federal employee or to her spouse or 
family.

Sec. 7203. Handicapping condition

    The President may prescribe rules which shall prohibit, as 
nearly as conditions of good administration warrant, 
discrimination because of handicapping condition in an 
Executive agency or in the competitive service with respect to 
a position the duties of which, in the opinion of the Office of 
Personnel Management, can be performed efficiently by an 
individual with a handicapping condition, except that the 
employment may not endanger the health or safety of the 
individual or others.

Sec. 7204. Other prohibitions

    [(a) Repealed. Pub. L. 90-83, Sec. 1(44), Sept. 11, 1967, 
81 Stat. 208.]
    (b) In the administration of chapter 51, subchapters III 
and IV of chapter 53, and sections 305 and 3324 of this title, 
discriminations because of race, color, creed, sex, or marital 
status is prohibited with respect to an individual or a 
position held by an individual.
    (c) The Office of Personnel Management may prescribe 
regulations necessary for the administration of subsection (b) 
of this section.


          SUBCHAPTER II--EMPLOYEES' RIGHT TO PETITION CONGRESS

Sec. 7211. Employees' right to petition Congress

      The right of employees, individually or collectively, to 
petition Congress or a Member of Congress, or to furnish 
information to either House of Congress, or to a committee or 
Member thereof, may not be interfered with or denied.


             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT

                   SUBCHAPTER I--REGULATION OF CONDUCT

Sec.
7301.    Presidential regulations.

                  SUBCHAPTER II--EMPLOYMENT LIMITATIONS

7311.    Loyalty and striking.
7312.    Employment and clearance; individuals removed for national 
          security.
7313.    Riots and civil disorders.

                  SUBCHAPTER III--POLITICAL ACTIVITIES

7321.    Political participation.
7322.    Definitions.
7323.    Political activity authorized; prohibitions.
7324.    Political activities on duty; prohibition.
7325.    Political activity permitted; employees residing in certain 
          municipalities.
7326.    Penalties.

              SUBCHAPTER IV--FOREIGN GIFTS AND DECORATIONS

[7341.   Repealed.]
7342.    Receipt and disposition of foreign gifts and decorations.

                        SUBCHAPTER V--MISCONDUCT

7351.    Gifts to superiors.
7352.    Excessive and habitual use of intoxicants.
7353.    Gifts to Federal employees.

        SUBCHAPTER VI--DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

7361.    Drug abuse.
7362.    Alcohol abuse and alcoholism.
7363.    Reports to Congress.

   SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW 
                          ENFORCEMENT OFFICERS

7371.    Mandatory removal from employment of law enforcement officers 
          convicted of felonies.

                  SUBCHAPTER I--REGULATION OF CONDUCT

Sec. 7301. Presidential regulations

    The President may prescribe regulations for the conduct of 
employees in the executive branch.


                 SUBCHAPTER II--EMPLOYMENT LIMITATIONS

Sec. 7311. Loyalty and striking

    An individual may not accept or hold a position in the 
Government of the United States or the government of the 
District of Columbia if he--
            (1) advocates the overthrow of our constitutional 
        form of government;
            (2) is a member of an organization that he knows 
        advocates the overthrow of our constitutional form of 
        government;
            (3) participates in a strike, or asserts the right 
        to strike, against the Government of the United States 
        or the government of the District of Columbia; or
            (4) is a member of an organization of employees of 
        the Government of the United States or of individuals 
        employed by the government of the District of Columbia 
        that he knows asserts the right to strike against the 
        Government of the United States or the government of 
        the District of Columbia.

Sec. 7312. Employment and clearance; individuals removed for national 
                    security

    Removal under section 7532 of this title does not affect 
the right of an individual so removed to seek or accept 
employment in an agency of the United States other than the 
agency from which removed. However, the appointment of an 
individual so removed may be made only after the head of the 
agency concerned has consulted with the Office of Personnel 
Management. The Office, on written request of the head of the 
agency or the individual so removed, may determine whether the 
individual is eligible for employment in an agency other than 
the agency from which removed.

Sec. 7313. Riots and civil disorders

    (a) An individual convicted by any Federal, State, or local 
court of competent jurisdiction of--
            (1) inciting a riot or civil disorder;
            (2) organizing, promoting, encouraging, or 
        participating in a riot or civil disorder;
            (3) aiding or abetting any person in committing any 
        offense specified in clause (1) or (2); or
            (4) any offense determined by the head of the 
        employing agency to have been committed in furtherance 
        of, or while participating in, a riot or civil 
        disorder;
shall, if the offense for which he is convicted is a felony, be 
ineligible to accept or hold any position in the Government of 
the United States or in the government of the District of 
Columbia for the five years immediately following the date upon 
which his conviction becomes final. Any such individual holding 
a position in the Government of the United States or the 
government of the District of Columbia on the date his 
conviction becomes final shall be removed from such position.
    (b) For the purposes of this section, ``felony'' means any 
offense for which imprisonment is authorized for a term 
exceeding one year.

                  SUBCHAPTER III--POLITICAL ACTIVITIES

Sec. 7321. Political participation

    It is the policy of the Congress that employees should be 
encouraged to exercise fully, freely, and without fear of 
penalty or reprisal, and to the extent not expressly prohibited 
by law, their right to participate or to refrain from 
participating in the political processes of the Nation.

Sec. 7322. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means any individual, other than 
        the President and the Vice President, employed or 
        holding office in--
                    (A) an Executive agency other than the 
                General Accounting Office;
                    (B) a position within the competitive 
                service which is not in an Executive agency; or
                    (C) the government of the District of 
                Columbia, other than the Mayor or a member of 
                the City Council or the Recorder of Deeds;
        but does not include a member of the uniformed 
        services;
            (2) ``partisan political office'' means any office 
        for which any candidate is nominated or elected as 
        representing a party any of whose candidates for 
        Presidential elector received votes in the last 
        preceding election at which Presidential electors were 
        selected, but shall exclude any office or position 
        within a political party or affiliated organization; 
        and
            (3) ``political contribution''--
                    (A) means any gift, subscription, loan, 
                advance, or deposit of money or anything of 
                value, made for any political purpose;
                    (B) includes any contract, promise, or 
                agreement, express or implied, whether or not 
                legally enforceable, to make a contribution for 
                any political purpose;
                    (C) includes any payment by any person, 
                other than a candidate or a political party or 
                affiliated organization, of compensation for 
                the personal services of another person which 
                are rendered to any candidate or political 
                party or affiliated organization without charge 
                for any political purpose; and
                    (D) includes the provision of personal 
                services for any political purpose.

Sec. 7323. Political activity authorized; prohibitions

    (a) Subject to the provisions of subsection (b), an 
employee may take an active part in political management or in 
political campaigns, except an employee may not--
            (1) use his official authority or influence for the 
        purpose of interfering with or affecting the result of 
        an election;
            (2) knowingly solicit, accept, or receive a 
        political contribution from any person, unless such 
        person is--
                    (A) a member of the same Federal labor 
                organization as defined under section 7103(4) 
                of this title or a Federal employee 
                organization which as of the date of enactment 
                of the Hatch Act Reform Amendments of 1993 had 
                a multicandidate political committee (as 
                defined under section 315(a)(4) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 
                441a(a)(4)));
                    (B) not a subordinate employee; and
                    (C) the solicitation is for a contribution 
                to the multicandidate political committee (as 
                defined under section 315(a)(4) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 
                441a(a)(4))) of such Federal labor organization 
                as defined under section 7103(4) of this title 
                or a Federal employee organization which as of 
                the date of the enactment of the Hatch Act 
                Reform Amendments of 1993 had a multicandidate 
                political committee (as defined under section 
                315(a)(4) of the Federal Election Campaign Act 
                of 1971 (2 U.S.C. 441a(a)(4))); or
            (3) run for the nomination or as a candidate for 
        election to a partisan political office; or
            (4) knowingly solicit or discourage the 
        participation in any political activity of any person 
        who--
                    (A) has an application for any 
                compensation, grant, contract, ruling, license, 
                permit, or certificate pending before the 
                employing office of such employee; or
                    (B) is the subject of or a participant in 
                an ongoing audit, investigation, or enforcement 
                action being carried out by the employing 
                office of such employee.
    (b)(1) An employee of the Federal Election Commission 
(except one appointed by the President, by and with the advice 
and consent of the Senate), may not request or receive from, or 
give to, an employee, a Member of Congress, or an officer of a 
uniformed service a political contribution.
    (2)(A) No employee described under subparagraph (B) (except 
one appointed by the President, by and with the advice and 
consent of the Senate), may take an active part in political 
management or political campaigns.
    (B) The provisions of subparagraph (A) shall apply to--
            (i) an employee of--
                    (I) the Federal Election Commission;
                    (II) the Federal Bureau of Investigation;
                    (III) the Secret Service;
                    (IV) the Central Intelligence Agency;
                    (V) the National Security Council;
                    (VI) the National Security Agency;
                    (VII) the Defense Intelligence Agency;
                    (VIII) the Merit Systems Protection Board;
                    (IX) the Office of Special Counsel;
                    (X) the Office of Criminal Investigation of 
                the Internal Revenue Service;
                    (XI) the Office of Investigative Programs 
                of the United States Customs Service;
                    (XII) the Office of Law Enforcement of the 
                Bureau of Alcohol, Tobacco, and Firearms; or
                    (XIII) the National Imagery and Mapping 
                Agency; or
            (ii) a person employed in a position described 
        under section 3132(a)(4), 5372, 5372a, or 5372b of 
        title 5, United States Code.
    (3) No employee of the Criminal Division of the Department 
of Justice (except one appointed by the President, by and with 
the advice and consent of the Senate), may take an active part 
in political management or political campaigns.
    (4) For purposes of this subsection, the term ``active part 
in political management or in a political campaign'' means 
those acts of political management or political campaigning 
which were prohibited for employees of the competitive service 
before July 19, 1940, by determinations of the Civil Service 
Commission under the rules prescribed by the President.
    (c) An employee retains the right to vote as he chooses and 
to express his opinion on political subjects and candidates.

Sec. 7324. Political activities on duty; prohibition

    (a) An employee may not engage in political activity--
            (1) while the employee is on duty;
            (2) in any room or building occupied in the 
        discharge of official duties by an individual employed 
        or holding office in the Government of the United 
        States or any agency or instrumentality thereof;
            (3) while wearing a uniform or official insignia 
        identifying the office or position of the employee; or
            (4) using any vehicle owned or leased by the 
        Government of the United States or any agency or 
        instrumentality thereof.
    (b)(1) An employee described in paragraph (2) of this 
subsection may engage in political activity otherwise 
prohibited by subsection (a) if the costs associated with that 
political activity are not paid for by money derived from the 
Treasury of the United States.
    (2) Paragraph (1) applies to an employee--
            (A) the duties and responsibilities of whose 
        position continue outside normal duty hours and while 
        away from the normal duty post; and
            (B) who is--
                    (i) an employee paid from an appropriation 
                for the Executive Office of the President; or
                    (ii) an employee appointed by the 
                President, by and with the advice and consent 
                of the Senate, whose position is located within 
                the United States, who determines policies to 
                be pursued by the United States in relations 
                with foreign powers or in the nationwide 
                administration of Federal laws.

Sec. 7325. Political activity permitted; employees residing in certain 
                    municipalities

    The Office of Personnel Management may prescribe 
regulations permitting employees, without regard to the 
prohibitions in paragraphs (2) and (3) of section 7323(a) and 
paragraph (2) of section 7323(b) of this title, to take an 
active part in political management and political campaigns 
involving the municipality or other political subdivision in 
which they reside, to the extent the Office considers it to be 
in their domestic interest, when--
            (1) the municipality or political subdivision is in 
        Maryland or Virginia and in the immediate vicinity of 
        the District of Columbia, or is a municipality in which 
        the majority of voters are employed by the Government 
        of the United States; and
            (2) the Office determines that because of special 
        or unusual circumstances which exist in the 
        municipality or political subdivision it is in the 
        domestic interest of the employees and individuals to 
        permit that political participation.

Sec. 7326. Penalties

    An employee or individual who violates section 7323 or 7324 
of this title shall be removed from his position, and funds 
appropriated for the position from which removed thereafter may 
not be used to pay the employee or individual. However, if the 
Merit System Protection Board finds by unanimous vote that the 
violation does not warrant removal, a penalty of not less than 
30 days' suspension without pay shall be imposed by direction 
of the Board.

              SUBCHAPTER IV--FOREIGN GIFTS AND DECORATIONS

[Sec. 7341. Repealed. Pub. L. 90-83, Sec. 1(45)(B), Sept. 11, 1967, 81 
                    Stat. 208.]

Sec. 7342. Receipt and disposition of foreign gifts and decorations

    (a) For the purpose of this section--
            (1) ``employee'' means--
                    (A) an employee as defined by section 2105 
                of this title and an officer or employee of the 
                United States Postal Service or of the Postal 
                Rate Commission;
                    (B) an expert or consultant who is under 
                contract under section 3109 of this title with 
                the United States or any agency, department, or 
                establishment thereof, including, in the case 
                of an organization performing services under 
                such section, any individual involved in the 
                performance of such services;
                    (C) an individual employed by, or occupying 
                an office or position in, the government of a 
                territory or possession of the United States or 
                the government of the District of Columbia;
                    (D) a member of a uniformed service;
                    (E) the President and the Vice President;
                    (F) a Member of Congress as defined by 
                section 2106 of this title (except the Vice 
                President) and any Delegate to the Congress; 
                and
                    (G) the spouse of an individual described 
                in subparagraphs (A) through (F) (unless such 
                individual and his or her spouse are separated) 
                or a dependent (within the meaning of section 
                152 of the Internal Revenue Code of 1954) of 
                such an individual, other than a spouse or 
                dependent who is an employee under 
                subparagraphs (A) through (F);
            (2) ``foreign government'' means--
                    (A) any unit of foreign governmental 
                authority, including any foreign national, 
                State, local, and municipal government;
                    (B) any international or multinational 
                organization whose membership is composed of 
                any unit of foreign government described in 
                subparagraph (A); and
                    (C) any agent or representative of any such 
                unit or such organization, while acting as 
                such;
            (3) ``gift'' means a tangible or intangible present 
        (other than a decoration) tendered by, or received 
        from, a foreign government;
            (4) ``decoration'' means an order, device, medal, 
        badge, insignia, emblem, or award tendered by, or 
        received from, a foreign government;
            (5) ``minimal value'' means a retail value in the 
        United States at the time of acceptance of $100 or 
        less, except that--
                    (A) on January 1, 1981, and at 3 year 
                intervals thereafter, ``minimal value'' shall 
                be redefined in regulations prescribed by the 
                Administrator of General Services, in 
                consultation with the Secretary of State, to 
                reflect changes in the consumer price index for 
                the immediately preceding 3-year period; and
                    (B) regulations of an employing agency may 
                define ``minimal value'' for its employees to 
                be less than the value established under this 
                paragraph; and
            (6) ``employing agency'' means--
                    (A) the Committee on Standards of Official 
                Conduct of the House of Representatives, for 
                Members and employees of the House of 
                Representatives, except that those 
                responsibilities specified in subsections 
                (c)(2)(A), (e)(1), and (g)(2)(B) shall be 
                carried out by the Clerk of the House;
                    (B) the Select Committee on Ethics of the 
                Senate, for Senators and employees of the 
                Senate, except that those responsibilities 
                (other than responsibilities involving approval 
                of the employing agency) specified in 
                subsections (c)(2), (d), and (g)(2)(B) shall be 
                carried out by the Secretary of the Senate;
                    (C) the Administrative Office of the United 
                States Courts, for judges and judicial branch 
                employees; and
                    (D) the department, agency, office, or 
                other entity in which an employee is employed, 
                for other legislative branch employees and for 
                all executive branch employees.
    (b) An employee may not--
            (1) request or otherwise encourage the tender of a 
        gift or decoration; or
            (2) accept a gift or decoration, other than in 
        accordance with the provisions of subsections (c) and 
        (d).
    (c)(1) The Congress consents to--
            (A) the accepting and retaining by an employee of a 
        gift of minimal value tendered and received as a 
        souvenir or mark of courtesy; and
            (B) the accepting by an employee of a gift of more 
        than minimal value when such gift is in the nature of 
        an educational scholarship or medical treatment or when 
        it appears that to refuse the gift would likely cause 
        offense or embarrassment or otherwise adversely affect 
        the foreign relations of the United States, except 
        that--
                    (i) a tangible gift of more than minimal 
                value is deemed to have been accepted on behalf 
                of the United States and, upon acceptance, 
                shall become the property of the United States; 
                and
                    (ii) an employee may accept gifts of travel 
                or expenses for travel taking place entirely 
                outside the United States (such as 
                transportation, food, and lodging) of more than 
                minimal value if such acceptance is 
                appropriate, consistent with the interests of 
                the United States, and permitted by the 
                employing agency and any regulations which may 
                be prescribed by the employing agency.
    (2) Within 60 days after accepting a tangible gift of more 
than minimal value (other than a gift described in paragraph 
(1)(B)(ii)), an employee shall--
            (A) deposit the gift for disposal with his or her 
        employing agency; or
            (B) subject to the approval of the employing 
        agency, deposit the gift with that agency for official 
        use.
Within 30 days after terminating the official use of a gift 
under subparagraph (B), the employing agency shall forward the 
gift to the Administrator of General Services in accordance 
with subsection (e)(1) or provide for its disposal in 
accordance with subsection (e)(2).
    (3) When an employee deposits a gift of more than minimal 
value for disposal or for official use pursuant to paragraph 
(2), or within 30 days after accepting travel or travel 
expenses as provided in paragraph (1)(B)(ii) unless such travel 
or travel expenses are accepted in accordance with specific 
instructions of his or her employing agency, the employee shall 
file a statement with his or her employing agency or its 
delegate containing the information prescribed in subsection 
(f) for that gift.
    (d) The Congress consents to the accepting, retaining, and 
wearing by an employee of a decoration tendered in recognition 
of active field service in time of combat operations or awarded 
for other outstanding or unusually meritorious performance, 
subject to the approval of the employing agency of such 
employee. Without this approval, the decoration is deemed to 
have been accepted on behalf of the United States, shall become 
the property of the United States, and shall be deposited by 
the employee, within sixty days of acceptance, with the 
employing agency for official use, for forwarding to the 
Administrator of General Services for disposal in accordance 
with subsection (e)(1), or for disposal in accordance with 
subsection (e)(2).
    (e)(1) Except as provided in paragraph (2), gifts and 
decorations that have been deposited with an employing agency 
for disposal shall be (A) returned to the donor, or (B) 
forwarded to the Administrator of General Services for 
transfer, donation, or other disposal in accordance with the 
provisions of the Federal Property and Administrative Services 
Act of 1949. However, no gift or decoration that has been 
deposited for disposal may be sold without the approval of the 
Secretary of State, upon a determination that the sale will not 
adversely affect the foreign relations of the United States. 
Gifts and decorations may be sold by negotiated sale.
    (2) Gifts and decorations received by a Senator or an 
employee of the Senate that are deposited with the Secretary of 
the Senate for disposal, or are deposited for an official use 
which has terminated, shall be disposed of by the Commission on 
Arts and Antiquities of the United States Senate. Any such gift 
or decoration, may be returned by the Commission to the donor 
or may be transferred or donated by the Commission, subject to 
such terms and conditions as it may prescribe, (A) to an agency 
or instrumentality of (i) the United States, (ii) a State, 
territory, or possession of the United States, or a political 
subdivision of the foregoing, or (iii) the District of 
Columbia, or (B) to an organization described in section 
501(c)(3) of the Internal Revenue Code of 1954 which is exempt 
from taxation under section 501(a) of such Code. Any such gift 
or decoration not disposed of as provided in the preceding 
sentence shall be forwarded to the Administrator of General 
Services for disposal in accordance with paragraph (1). If the 
Administrator does not dispose of such gift or decoration 
within one year, he shall, at the request of the Commission, 
return it to the Commission and the Commission may dispose of 
such gift or decoration in such manner as it considers proper, 
except that such gift or decoration may be sold only with the 
approval of the Secretary of State upon a determination that 
the sale will not adversely affect the foreign relations of the 
United States.
    (f)(1) Not later than January 31 of each year, each 
employing agency or its delegate shall compile a listing of all 
statements filed during the preceding year by the employees of 
that agency pursuant to subsection (c)(3) and shall transmit 
such listing to the Secretary of State who shall publish a 
comprehensive listing of all such statements in the Federal 
Register.
    (2) Such listings shall include for each tangible gift 
reported--
            (A) the name and position of the employee;
            (B) a brief description of the gift and the 
        circumstances justifying acceptance;
            (C) the identity, if known, of the foreign 
        government and the name and position of the individual 
        who presented the gift;
            (D) the date of acceptance of the gift;
            (E) the estimated value in the United States of the 
        gift at the time of acceptance; and
            (F) disposition or current location of the gift.
    (3) Such listings shall include for each gift of travel or 
travel expenses--
            (A) the name and position of the employee;
            (B) a brief description of the gift and the 
        circumstances justifying acceptance; and
            (C) the identity, if known, of the foreign 
        government and the name and position of the individual 
        who presented the gift.
    (4) In transmitting such listings for the Central 
Intelligence Agency, the Director of Central Intelligence may 
delete the information described in subparagraphs (A) and (C) 
of paragraphs (2) and (3) if the Director certifies in writing 
to the Secretary of State that the publication of such 
information could adversely affect United States intelligence 
sources.
    (g)(1) Each employing agency shall prescribe such 
regulations as may be necessary to carry out the purpose of 
this section. For all employing agencies in the executive 
branch, such regulations shall be prescribed pursuant to 
guidance provided by the Secretary of State. These regulations 
shall be implemented by each employing agency for its 
employees.
    (2) Each employing agency shall--
            (A) report to the Attorney General cases in which 
        there is reason to believe that an employee has 
        violated this section;
            (B) establish a procedure for obtaining an 
        appraisal, when necessary, of the value of gifts; and
            (C) take any other actions necessary to carry out 
        the purpose of this section.
    (h) The Attorney General may bring a civil action in any 
district court of the United States against any employee who 
knowingly solicits or accepts a gift from a foreign government 
not consented to by this section or who fails to deposit or 
report such gift as required by this section. The court in 
which such action is brought may assess a penalty against such 
employee in any amount not to exceed the retail value of the 
gift improperly solicited or received plus $5,000.
    (i) The President shall direct all Chiefs of a United 
States Diplomatic Mission to inform their host governments that 
it is a general policy of the United States Government to 
prohibit United States Government employees from receiving 
gifts or decorations of more than minimal value.
    (j) Nothing in this section shall be construed to derogate 
any regulation prescribed by any employing agency which 
provides for more stringent limitations on the receipt of gifts 
and decorations by its employees.
    (k) The provisions of this section do not apply to grants 
and other forms of assistance to which section 108A of the 
Mutual Educational and Cultural Exchange Act of 1961 applies.

                        SUBCHAPTER V--MISCONDUCT

Sec. 7351. Gifts to superiors

    (a) An employee may not--
            (1) solicit a contribution from another employee 
        for a gift to an official superior;
            (2) make a donation as a gift or give a gift to an 
        official superior; or
            (3) accept a gift from an employee receiving less 
        pay than himself.
    (b) An employee who violates this section shall be subject 
to appropriate disciplinary action by the employing agency or 
entity.
    (c) Each supervising ethics office (as defined in section 
7353(d)(1)) is authorized to issue regulations implementing 
this section, including regulations exempting voluntary gifts 
or contributions that are given or received for special 
occasions such as marriage or retirement or under other 
circumstances in which gifts are traditionally given or 
exchanged.

Sec. 7352. Excessive and habitual use of intoxicants

    An individual who habitually uses intoxicating beverages to 
excess may not be employed in the competitive service.

Sec. 7353. Gifts to Federal employees

    (a) Except as permitted by subsection (b), no Member of 
Congress or officer or employee of the executive, legislative, 
or judicial branch shall solicit or accept anything of value 
from a person--
            (1) seeking official action from, doing business 
        with, or (in the case of executive branch officers and 
        employees) conducting activities regulated by, the 
        individual's employing entity; or
            (2) whose interests may be substantially affected 
        by the performance or nonperformance of the 
        individual's official duties.
    (b)(1) Each supervising ethics office is authorized to 
issue rules or regulations implementing the provisions of this 
section and providing for such reasonable exceptions as may be 
appropriate.
    (2)(A) Subject to subparagraph (B), a Member, officer, or 
employee may accept a gift pursuant to rules or regulations 
established by such individual's supervising ethics office 
pursuant to paragraph (1).
    (B) No gift may be accepted pursuant to subparagraph (A) in 
return for being influenced in the performance of any official 
act.
    (3) Nothing in this section precludes a Member, officer, or 
employee from accepting gifts on behalf of the United States 
Government or any of its agencies in accordance with statutory 
authority.
    (c) A Member of Congress or an officer or employee who 
violates this section shall be subject to appropriate 
disciplinary and other remedial action in accordance with any 
applicable laws Executive orders, and rules or regulations.
    (d) For purposes of this section--
            (1) the term ``supervising ethics office'' means--
                    (A) the Committee on Standards of Official 
                conduct of the House of Representatives or the 
                House of Representatives as a whole, for 
                Members, officers, and employees of the House 
                of Representatives;
                    (B) the Select Committee on Ethics of the 
                Senate, or the Senate as a whole, for Senators, 
                officers, and employees of the Senate;
                    (C) the Judicial Conference of the United 
                States for judges and judicial branch officers 
                and employees;
                    (D) the Office of Government Ethics for all 
                executive branch officers and employees; and
                    (E) in the case of legislative branch 
                officers and employees other than those 
                specified in subparagraphs (A) and (B), the 
                committee referred to in either such 
                subparagraph to which reports filed by such 
                officers and employees under title I of the 
                Ethics in Government Act of 1978 are 
                transmitted under such title, except that the 
                authority of this section may be delegated by 
                such committee with respect to such officers 
                and employees; and
            (2) the term ``officer or employee'' means an 
        individual holding an appointive or elective position 
        in the executive, legislative, or judicial branch of 
        Government, other than a Member of Congress.


        SUBCHAPTER VI--DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

Sec. 7361. Drug abuse

    (a) The Office of Personnel Management shall be responsible 
for developing, in cooperation with the President, with the 
Secretary of Health and Human Services (acting through the 
National Institute on Drug Abuse), and with other agencies, and 
in accordance with applicable provisions of this subchapter, 
appropriate prevention, treatment, and rehabilitation programs 
and services for drug abuse among employees. Such agencies are 
encouraged to extend, to the extent feasible, such programs and 
services to the families of employees and to employees who have 
family members who are drug abusers. Such programs and services 
shall make optimal use of existing governmental facilities, 
services, and skills.
    (b) Section 527 of the Public Health Service Act (42 U.S.C. 
290ee-3), relating to confidentiality of records, and any 
regulations prescribed thereunder, shall apply with respect to 
records maintained for the purpose of carrying out this 
section.
    (c) Each agency shall, with respect to any programs or 
services provided by such agency, submit such written reports 
as the Office may require in connection with any report 
required under section 7363 of this title.
    (d) For the purpose of this section, the term ``agency'' 
means an Executive agency.

Sec. 7362. Alcohol abuse and alcoholism

    (a) The Office of Personnel Management shall be responsible 
for developing, in cooperation with the Secretary of Health and 
Human Services and with other agencies, and in accordance with 
applicable provisions of this subpart, appropriate prevention, 
treatment, and rehabilitation programs and services for alcohol 
abuse and alcoholism among employees. Such agencies are 
encouraged to extend, to the extent feasible, such programs and 
services to the families of alcoholic employees and to 
employees who have family members who are alcoholics. Such 
programs and services shall make optimal use of existing 
governmental facilities, services, and skills.
    (b) Section 523 of the Public Health Service Act (42 U.S.C. 
290dd-3), relating to confidentiality of records, and any 
regulations, prescribed thereunder, shall apply with respect to 
records maintained for the purpose of carrying out this 
section.
    (c) Each agency shall, with respect to any programs or 
services provided by such agency, submit such written reports 
as the Office may require in connection with any report 
required under section 7363 of this title.
    (d) For the purpose of this section, the term ``agency'' 
means an Executive agency.

Sec. 7363. Reports to Congress

    (a) The Office of Personnel Management shall, within 6 
months after the date of the enactment of the Federal Employee 
Substance Abuse Education and Treatment Act of 1986 and 
annually thereafter, submit to each House of Congress a report 
containing matters described in subsection (b).
    (b) Each report under this section shall include--
            (1) a description of any programs or services 
        provided under section 7361 or 7362 of this title, 
        including the costs associated with each such program 
        or service and the source and adequacy of any funding 
        such program or service;
            (2) a description of the levels of participation in 
        each program and service provided under section 7361 or 
        7362 of this title, and the effectiveness of such 
        programs and services;
            (3) a description of the training and 
        qualifications required of the personnel providing any 
        program or service under section 7361 or 7362 of this 
        title;
            (4) a description of the training given to 
        supervisory personnel in connection with recognizing 
        the symptoms of drug or alcohol abuse and the 
        procedures (including those relating to 
        confidentiality) under which individuals are referred 
        for treatment, rehabilitation, or other assistance;
            (5) any recommendations or legislation considered 
        appropriate by the Office and any proposed 
        administrative actions; and
            (6) information describing any other related 
        activities under section 7904 of this title, and any 
        other matter which the Office considers appropriate.


  SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW 
                          ENFORCEMENT OFFICERS

Sec. 7371. Mandatory removal from employment of law enforcement 
                    officers convicted of felonies

    (a) In this section, the term--
            (1) ``conviction notice date'' means the date on 
        which an agency that employs a law enforcement officer 
        has notice that the officer has been convicted of a 
        felony that is entered by a Federal or State court, 
        regardless of whether that conviction is appealed or is 
        subject to appeal; and
            (2) ``law enforcement officer'' has the meaning 
        given that term under section 8331(20) or 8401(17).
    (b) Any law enforcement officer who is convicted of a 
felony shall be removed from employment as a law enforcement 
officer on the last day of the first applicable pay period 
following the conviction notice date.
    (c)(1) This section does not prohibit the removal of an 
individual from employment as a law enforcement officer before 
a conviction notice date if the removal is properly effected 
other than under this section.
    (2) This section does not prohibit the employment of any 
individual in any position other than that of a law enforcement 
officer.
    (d) If the conviction is overturned on appeal, the removal 
shall be set aside retroactively to the date on which the 
removal occurred, with back pay under section 5596 for the 
period during which the removal was in effect, unless the 
removal was properly effected other than under this section.
    (e)(1) If removal is required under this section, the 
agency shall deliver written notice to the employee as soon as 
practicable, and not later than 5 calendar days after the 
conviction notice date. The notice shall include a description 
of the specific reasons for the removal, the date of removal, 
and the procedures made applicable under paragraph (2).
    (2) The procedures under section 7513(b)(2), (3), and (4), 
(c), (d), and (e) shall apply to any removal under this 
section. The employee may use the procedures to contest or 
appeal a removal, but only with respect to whether--
            (A) the employee is a law enforcement officer;
            (B) the employee was convicted of a felony; or
            (C) the conviction was overturned on appeal.
    (3) A removal required under this section shall occur on 
the date specified in subsection (b) regardless of whether the 
notice required under paragraph (1) of this subsection and the 
procedures made applicable under paragraph (2) of this 
subsection have been provided or completed by that date.


                      CHAPTER 75--ADVERSE ACTIONS

             SUBCHAPTER I--SUSPENSION OF \1\ 14 DAYS OR LESS

Sec.
7501.    Definitions.
7502.    Actions covered.
7503.    Cause and procedure.
7504.    Regulations.

 SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
              GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

7511.    Definitions; application.
7512.    Actions covered.
7513.    Cause and procedure.
7514.    Regulations.

                SUBCHAPTER III--ADMINISTRATIVE LAW JUDGES

7521.    Actions against administrative law judges.

                    SUBCHAPTER IV--NATIONAL SECURITY

7531.    Definitions.
7532.    Suspension and removal.
7533.    Effect on other statutes.

                  SUBCHAPTER V--SENIOR EXECUTIVE SERVICE

7541.    Definitions.
7542.    Actions covered.
7543.    Cause and procedure.

              SUBCHAPTER I--SUSPENSION FOR 14 DAYS OR LESS

Sec. 7501. Definitions

    For the purpose of this subchapter--
---------------------------------------------------------------------------
    \1\ So in original. Does not conform to subchapter heading.
---------------------------------------------------------------------------
            (1) ``employee'' means an individual in the 
        competitive service who is not serving a probationary 
        or trial period under an initial appointment or who has 
        completed 1 year of current continuous employment in 
        the same or similar positions under other than a 
        temporary appointment limited to 1 year or less; and
            (2) ``suspension'' means the placing of an 
        employee, for disciplinary reasons, in a temporary 
        status without duties and pay.

Sec. 7502. Actions covered

    This subchapter applies to a suspension for 14 days or 
less, but does not apply to a suspension under section 7521 or 
7532 of this title or any action initiated under section 1215 
of this title.

Sec. 7503. Cause and procedure

    (a) Under regulations prescribed by the Office of Personnel 
Management, an employee may be suspended for 14 days or less 
for such cause as will promote the efficiency of the service 
(including discourteous conduct to the public confirmed by an 
immediate supervisor's report of four such instances within any 
one-year period or any other pattern of discourteous conduct).
    (b) An employee against whom a suspension for 14 days or 
less is proposed is entitled to--
            (1) an advance written notice stating the specific 
        reasons for the proposed action;
            (2) a reasonable time to answer orally and in 
        writing and to furnish affidavits and other documentary 
        evidence in support of the answer;
            (3) be represented by an attorney or other 
        representative; and
            (4) a written decision and the specific reasons 
        therefor at the earliest practicable date.
    (c) Copies of the notice of proposed action, the answer of 
the employee if written, a summary thereof if made orally, the 
notice of decision and reasons therefor, and any order 
effecting the suspension, together with any supporting 
material, shall be maintained by the agency and shall be 
furnished to the Merit Systems Protection Board upon its 
request and to the employee affected upon the employee's 
request.

Sec. 7504. Regulations

    The Office of Personnel Management may prescribe 
regulations to carry out the purpose of this subchapter.


SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
             GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

Sec. 7511. Definitions; application

    (a) For the purpose of this subchapter--
            (1) ``employee'' means--
                    (A) an individual in the competitive 
                service--
                            (i) who is not serving a 
                        probationary or trial period under an 
                        initial appointment; or
                            (ii) who has completed 1 year of 
                        current continuous service under other 
                        than a temporary appointment limited to 
                        1 year or less;
                    (B) a preference eligible in the excepted 
                service who has completed 1 year of current 
                continuous service in the same or similar 
                positions--
                            (i) in an Executive agency; or
                            (ii) in the United States Postal 
                        Service or Postal Rate Commission; and
                    (C) an individual in the excepted service 
                (other than a preference eligible)--
                            (i) who is not serving a 
                        probationary or trial period under an 
                        initial appointment pending conversion 
                        to the competitive service; or
                            (ii) who has completed 2 years of 
                        current continuous service in the same 
                        or similar positions in an Executive 
                        agency under other than a temporary 
                        appointment limited to 2 years or less;
            (2) ``suspension'' has the same meaning as set 
        forth in section 7501(2) of this title;
            (3) ``grade'' means the rate of basic pay fixed by 
        law or administrative action for the position held by 
        an employee; and
            (4) ``pay'' means the rate of basic pay fixed by 
        law or administrative action for the position held by 
        an employee; and
            (5) ``furlough'' means the placing of an employee 
        in a temporary status without duties and pay because of 
        lack of work or funds or other nondisciplinary reasons.
    (b) This subchapter does not apply to an employee--
            (1) whose appointment is made by and with the 
        advice and consent of the Senate;
            (2) whose position has been determined to be of a 
        confidential, policy-determining, policy-making or 
        policy-advocating character by--
                    (A) the President for a position that the 
                President has excepted from the competitive 
                service;
                    (B) the Office of Personnel Management for 
                a position that the Office has excepted from 
                the competitive service; or
                    (C) the President or the head of an agency 
                for a position excepted from the competitive 
                service by statute;
            (3) whose appointment is made by the President;
            (4) who is receiving an annuity from the Civil 
        Service Retirement and Disability Fund, or the Foreign 
        Service Retirement and Disability Fund, based on the 
        service of such employee;
            (5) who is described in section 8337(h)(1), 
        relating to technicians in the National Guard;
            (6) who is a member of the Foreign Service, as 
        described in section 103 of the Foreign Service Act of 
        1980;
            (7) whose position is within the Central 
        Intelligence Agency or the General Accounting Office;
            (8) whose position is within the United States 
        Postal Service, the Postal Rate Commission, the Panama 
        Canal Commission, the Tennessee Valley Authority, the 
        Federal Bureau of Investigation, an intelligence 
        component of the Department of Defense (as defined in 
        section 1614 of title 10), or an intelligence activity 
        of a military department covered under subchapter I of 
        chapter 83 of title 10, unless subsection (a)(1)(B) of 
        this section or section 1005(a) of title 39 is the 
        basis for this subchapter's applicability;
            (9) who is described in section 5102(c)(11) of this 
        title; or
            (10) who holds a position within the Veterans 
        Health Administration which has been excluded from the 
        competitive service by or under a provision of title 
        38, unless such employee was appointed to such position 
        under section 7401(3) of such title.
    (c) The Office may provide for the application of this 
subchapter to any position or group of positions excepted from 
the competitive service by regulation of the Office which is 
not otherwise covered by this subchapter.

Sec. 7512. Actions covered

    This subchapter applies to--
            (1) a removal;
            (2) a suspension for more than 14 days;
            (3) a reduction in grade;
            (4) a reduction in pay; and
            (5) a furlough of 30 days or less;
but does not apply to--
            (A) a suspension or removal under section 7532 of 
        this title,
            (B) a reduction-in-force action under section 3502 
        of this title,
            (C) the reduction in grade of a supervisor or 
        manager who has not completed the probationary period 
        under section 3321(a)(2) of this title if such 
        reduction is to the grade held immediately before 
        becoming such a supervisor or manager,
            (D) a reduction in grade or removal under section 
        4303 of this title, or
            (E) an action initiated under section 1215 or 7521 
        of this title.

Sec. 7513. Cause and procedure

    (a) Under regulations prescribed by the Office of Personnel 
Management, an agency may take an action covered by this 
subchapter against an employee only for such cause as will 
promote the efficiency of the service.
    (b) An employee against whom an action is proposed is 
entitled to--
            (1) at least 30 days' advance written notice, 
        unless there is reasonable cause to believe the 
        employee has committed a crime for which a sentence of 
        imprisonment may be imposed, stating the specific 
        reasons for the proposed action;
            (2) a reasonable time, but not less than 7 days, to 
        answer orally and in writing and to furnish affidavits 
        and other documentary evidence in support of the 
        answer;
            (3) be represented by an attorney or other 
        representative; and
            (4) a written decision and the specific reasons 
        therefor at the earliest practicable date.
    (c) An agency may provide, by regulation, for a hearing 
which may be in lieu of or in addition to the opportunity to 
answer provided under subsection (b)(2) of this section.
    (d) An employee against whom an action is taken under this 
section is entitled to appeal to the Merit Systems Protection 
Board under section 7701 of this title.
    (e) Copies of the notice of proposed action, the answer of 
the employee when written, a summary thereof when made orally, 
the notice of decision and reasons therefor, and any order 
effecting an action covered by this subchapter, together with 
any supporting material, shall be maintained by the agency and 
shall be furnished to the Board upon its request and to the 
employee affected upon the employee's request.

Sec. 7514. Regulations

    The Office of Personnel Management may prescribe 
regulations to carry out the purpose of this subchapter, except 
as it concerns any matter with respect to which the Merit 
Systems Protection Board may prescribe regulations.


               SUBCHAPTER III--ADMINISTRATIVE LAW JUDGES

Sec. 7521. Actions against administrative law judges

    (a) An action may be taken against an administrative law 
judge appointed under section 3105 of this title by the agency 
in which the administrative law judge is employed only for good 
cause established and determined by the Merit Systems 
Protection Board on the record after opportunity for hearing 
before the Board.
    (b) The actions covered by this section are--
            (1) a removal;
            (2) a suspension;
            (3) a reduction in grade;
            (4) a reduction in pay; and
            (5) a furlough of 30 days or less;
but do not include--
            (A) a suspension or removal under section 7532 of 
        this title;
            (B) a reduction-in-force action under section 3502 
        of this title; or
            (C) any action initiated under section 1215 of this 
        title.


                    SUBCHAPTER IV--NATIONAL SECURITY

Sec. 7531. Definitions

    For the purpose of this subchapter, ``agency'' means--
            (1) the Department of State;
            (2) the Department of Commerce;
            (3) the Department of Justice;
            (4) the Department of Defense;
            (5) a military department;
            (6) the Coast Guard;
            (7) the Atomic Energy Commission;
            (8) the National Aeronautics and Space 
        Administration; and
            (9) such other agency of the Government of the 
        United States as the President designates in the best 
        interests of national security.
The President shall report any designation to the Committees on 
the Armed Services of the Congress.

Sec. 7532. Suspension and removal

    (a) Notwithstanding other statutes, the head of an agency 
may suspend without pay an employee of his agency when he 
considers that action necessary in the interests of national 
security. To the extent that the head of the agency determines 
that the interests of national security permit, the suspended 
employee shall be notified of the reasons for the suspension. 
Within 30 days after the notification, the suspended employee 
is entitled to submit to the official designated by the head of 
the agency statements or affidavits to show why he should be 
restored to duty.
    (b) Subject to subsection (c) of this section, the head of 
an agency may remove an employee suspended under subsection (a) 
of this section when, after such investigation and review as he 
considers necessary, he determines that removal is necessary or 
advisable in the interests of national security. The 
determination of the head of the agency is final.
    (c) An employee suspended under subsection (a) of this 
section who--
            (1) has a permanent or indefinite appointment;
            (2) has completed his probationary or trial period; 
        and
            (3) is a citizen of the United States;
is entitled, after suspension and before removal, to--
            (A) a written statement of the charges against him 
        within 30 days after suspension, which may be amended 
        within 30 days thereafter and which shall be stated as 
        specifically as security considerations permit;
            (B) an opportunity within 30 days thereafter, plus 
        an additional 30 days if the charges are amended, to 
        answer the charges and submit affidavits;
            (C) a hearing, at the request of the employee, by 
        an agency authority duly constituted for this purpose;
            (D) a review of his case by the head of the agency 
        or his designee, before a decision adverse to the 
        employee is made final; and
            (E) a written statement of the decision of the head 
        of the agency.

Sec. 7533. Effect on other statutes

    This subchapter does not impair the powers vested in the 
Atomic Energy Commission by chapter 23 of title 42, or the 
requirement in section 2201(d) of title 42 that adequate 
provision be made for administrative review of a determination 
to dismiss an employee of the Atomic Energy Commission.


                 SUBCHAPTER V--SENIOR EXECUTIVE SERVICE

Sec. 7541. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means a career appointee in the 
        Senior Executive Service who--
                    (A) has completed the probationary period 
                prescribed under section 3393(d) of this title; 
                or
                    (B) was covered by the provisions of 
                subchapter II of this chapter immediately 
                before appointment to the Senior Executive 
                Service; and
            (2) ``suspension'' has the meaning set forth in 
        section 7501(2) of this title.

Sec. 7542. Actions covered

    This subchapter applies to a removal from the civil service 
or suspension for more than 14 days, but does not apply to an 
action initiated under section 1215 of this title, to a 
suspension or removal under section 7532 of this title, or to a 
removal under section 3592 or 3595 of this title.

Sec. 7543. Cause and procedure

    (a) Under regulations prescribed by the Office of Personnel 
Management, an agency may take an action covered by this 
subchapter against an employee only for misconduct, neglect of 
duty, malfeasance, or failure to accept a directed reassignment 
or to accompany a position in a transfer of function.
    (b) An employee against whom an action covered by this 
subchapter is proposed is entitled to--
            (1) at least 30 days' advance written notice, 
        unless there is reasonable cause to believe that the 
        employee has committed a crime for which a sentence of 
        imprisonment can be imposed, stating specific reasons 
        for the proposed action;
            (2) a reasonable time, but not less than 7 days, to 
        answer orally and in writing and to furnish affidavits 
        and other documentary evidence in support of the 
        answer;
            (3) be represented by an attorney or other 
        representative; and
            (4) a written decision and specific reasons 
        therefor at the earliest practicable date.
    (c) An agency may provide, by regulation, for a hearing 
which may be in lieu of or in addition to the opportunity to 
answer provided under subsection (b)(2) of this section.
    (d) An employee against whom an action is taken under this 
section is entitled to appeal to the Merit Systems Protection 
Board under section 7701 of this title.
    (e) Copies of the notice of proposed action, the answer of 
the employee when written, and a summary thereof when made 
orally, the notice of decision and reasons therefor, and any 
order effecting an action covered by this subchapter, together 
with any supporting material, shall be maintained by the agency 
and shall be furnished to the Merit Systems Protection Board 
upon its request and to the employee affected upon the 
employee's request.


                          CHAPTER 77--APPEALS

Sec.
7701.    Appellate procedures.
7702.    Actions involving discrimination.
7703.    Judicial review of decisions of the Merit Systems Protection 
          Board.

Sec. 7701. Appellate procedures

    (a) An employee, or applicant for employment, may submit an 
appeal to the Merit Systems Protection Board from any action 
which is appealable to the Board under any law, rule, or 
regulation. An appellant shall have the right--
            (1) to a hearing for which a transcript will be 
        kept; and
            (2) to be represented by an attorney or other 
        representative.
Appeals shall be processed in accordance with regulations 
prescribed by the Board.
    (b)(1) The Board may hear any case appealed to it or may 
refer the case to an administrative law judge appointed under 
section 3105 of this title or other employee of the Board 
designated by the Board to hear such cases, except that in any 
case involving a removal from the service, the case shall be 
heard by the Board, an employee experienced in hearing appeals, 
or an administrative law judge. The Board, administrative law 
judge, or other employee (as the case may be) shall make a 
decision after receipt of the written representations of the 
parties to the appeal and after opportunity for a hearing under 
subsection (a)(1) of this section. A copy of the decision shall 
be furnished to each party to the appeal and to the Office of 
Personnel Management.
    (2)(A) If an employee or applicant for employment is the 
prevailing party in an appeal under this subsection, the 
employee or applicant shall be granted the relief provided in 
the decision effective upon the making of the decision, and 
remaining in effect pending the outcome of any petition for 
review under subsection (e), unless--
            (i) the deciding official determines that the 
        granting of such relief is not appropriate; or
            (ii)(I) the relief granted in the decision provides 
        that such employee or applicant shall return or be 
        present at the place of employment during the period 
        pending the outcome of any petition for review under 
        subsection (e); and
            (II) the employing agency, subject to the 
        provisions of subparagraph (B), determines that the 
        return or presence of such employee or applicant is 
        unduly disruptive to the work environment.
    (B) If an agency makes a determination under subparagraph 
(A)(ii)(II) that prevents the return or presence of an employee 
at the place of employment, such employee shall receive pay, 
compensation, and all other benefits as terms and conditions of 
employment during the period pending the outcome of any 
petition for review under subsection (e).
    (C) Nothing in the provisions of this paragraph may be 
construed to require any award of back pay or attorney fees be 
paid before the decision is final.
    (3) With respect to an appeal from an adverse action 
covered by subchapter V of chapter 75, authority to mitigate 
the personnel action involved shall be available, subject to 
the same standards as would apply in an appeal involving an 
action covered by subchapter II of chapter 75 with respect to 
which mitigation authority under this section exists.
    (c)(1) Subject to paragraph (2) of this subsection, the 
decision of the agency shall be sustained under subsection (b) 
only if the agency's decision--
            (A) in the case of an action based on unacceptable 
        performance described in section 4303 or a removal from 
        the Senior Executive Service for failure to be 
        recertified under section 3393a, is supported by 
        substantial evidence; or
            (B) in any other case, is supported by a 
        preponderance of the evidence.
    (2) Notwithstanding paragraph (1), the agency's decision 
may not be sustained under subsection (b) of this section if 
the employee or applicant for employment--
            (A) shows harmful error in the application of the 
        agency's procedures in arriving at such decision;
            (B) shows that the decision was based on any 
        prohibited personnel practice described in section 
        2302(b) of this title; or
            (C) shows that the decision was not in accordance 
        with law.
    (d)(1) In any case in which--
            (A) the interpretation or application of any civil 
        service law, rule, or regulation, under the 
        jurisdiction of the Office of Personnel Management is 
        at issue in any proceeding under this section; and
            (B) the Director of the Office of Personnel 
        Management is of the opinion that an erroneous decision 
        would have a substantial impact on any civil service 
        law, rule, or regulation under the jurisdiction of the 
        Office;
the Director may as a matter of right intervene or otherwise 
participate in that proceeding before the Board. If the 
Director exercises his right to participate in a proceeding 
before the Board, he shall do so as early in the proceeding as 
practicable. Nothing in this title shall be construed to permit 
the Office to interfere with the independent decisionmaking of 
the Merit Systems Protection Board.
    (2) The Board shall promptly notify the Director whenever 
the interpretation of any civil service law, rule, or 
regulation under the jurisdiction of the Office is at issue in 
any proceeding under this section.
    (e)(1) Except as provided in section 7702 of this title, 
any decision under subsection (b) of this section shall be 
final unless--
            (A) a party to the appeal or the Director petitions 
        the Board for review within 30 days after the receipt 
        of the decision; or
            (B) the Board reopens and reconsiders a case on its 
        own motion.
The Board, for good cause shown, may extend the 30-day period 
referred to in subparagraph (A) of this paragraph. One member 
of the Board may grant a petition or otherwise direct that a 
decision be reviewed by the full Board. The preceding sentence 
shall not apply if, by law, a decision of an administrative law 
judge is required to be acted upon by the Board.
    (2) The Director may petition the Board for a review under 
paragraph (1) of this subsection only if the Director is of the 
opinion that the decision is erroneous and will have a 
substantial impact on any civil service law, rule, or 
regulation under the jurisdiction of the Office.
    (f) The Board, or an administrative law judge or other 
employee of the Board designated to hear a case, may--
            (1) consolidate appeals filed by two or more 
        appellants, or
            (2) join two or more appeals filed by the same 
        appellant and hear and decide them concurrently,
if the deciding official or officials hearing the cases are of 
the opinion that the action could result in the appeals' being 
processed more expeditiously and would not adversely affect any 
party.
    (g)(1) Except as provided in paragraph (2) of this 
subsection, the Board, or an administrative law judge or other 
employee of the Board designated to hear a case, may require 
payment by the agency involved of reasonable attorney fees 
incurred by an employee or applicant for employment if the 
employee or applicant is the prevailing party and the Board, 
administrative law judge, or other employee (as the case may 
be) determines that payment by the agency is warranted in the 
interest of justice, including any case in which a prohibited 
personnel practice was engaged in by the agency or any case in 
which the agency's action was clearly without merit.
    (2) If an employee or applicant for employment is the 
prevailing party and the decision is based on a finding of 
discrimination prohibited under section 2302(b)(1) of this 
title, the payment of attorney fees shall be in accordance with 
the standards prescribed under section 706(k) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-5(k)).
    (h) The Board may, by regulation, provide for one or more 
alternative methods for settling matters subject to the 
appellate jurisdiction of the Board which shall be applicable 
at the election of an applicant for employment or of an 
employee who is not in a unit for which a labor organization is 
accorded exclusive recognition, and shall be in lieu of other 
procedures provided for under this section. A decision under 
such a method shall be final, unless the Board reopens and 
reconsiders a case at the request of the Office of Personnel 
Management under subsection (e) of this section.
    (i)(1) Upon the submission of any appeal to the Board under 
this section, the Board, through reference to such categories 
of cases, or other means, as it determines appropriate, shall 
establish and announce publicly the date by which it intends to 
complete action on the matter. Such date shall assure 
expeditious consideration of the appeal, consistent with the 
interests of fairness and other priorities of the Board. If the 
Board fails to complete action on the appeal by the announced 
date, and the expected delay will exceed 30 days, the Board 
shall publicly announce the new date by which it intends to 
complete action on the appeal.
    (2) Not later than March 1 of each year, the Board shall 
submit to the Congress a report describing the number of 
appeals submitted to it during the preceding fiscal year, the 
number of appeals on which it completed action during that 
year, and the number of instances during that year in which it 
failed to conclude a proceeding by the date originally 
announced, together with an explanation of the reasons 
therefor.
    (3) The Board shall by rule indicate any other category of 
significant Board action which the Board determines should be 
subject to the provisions of this subsection.
    (4) It shall be the duty of the Board, an administrative 
law judge, or employee designated by the Board to hear any 
proceeding under this section to expedite to the extent 
practicable that proceeding.
    (j) In determining the appealability under this section of 
any case involving a removal from the service (other than the 
removal of a reemployed annuitant), neither an individual's 
status under any retirement system established by or under 
Federal statute nor any election made by such individual under 
any such system may be taken into account.
    (k) The Board may prescribe regulations to carry out the 
purpose of this section.

Sec. 7702. Actions involving discrimination

    (a)(1) Notwithstanding any other provision of law, and 
except as provided in paragraph (2) of this subsection, in the 
case of any employee or applicant for employment who--
            (A) has been affected by an action which the 
        employee or applicant may appeal to the Merit Systems 
        Protection Board, and
            (B) alleges that a basis for the action was 
        discrimination prohibited by--
                    (i) section 717 of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e-16),
                    (ii) section 6(d) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 206(d)),
                    (iii) section 501 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 791),
                    (iv) sections 12 and 15 of the Age 
                Discrimination in Employment Act of 1967 (29 
                U.S.C. 631, 633a), or
                    (v) any rule, regulation, or policy 
                directive prescribed under any provision of law 
                described in clauses (i) through (iv) of this 
                subparagraph,
the Board shall, within 120 days of the filing of the appeal, 
decide both the issue of discrimination and the appealable 
action in accordance with the Board's appellate procedures 
under section 7701 of this title and this section.
    (2) In any matter before an agency which involves--
            (A) any action described in paragraph (1)(A) of 
        this subsection; and
            (B) any issue of discrimination prohibited under 
        any provision of law described in paragraph (1)(B) of 
        this subsection;
the agency shall resolve such matter within 120 days. The 
decision of the agency in any such matter shall be a judicially 
reviewable action unless the employee appeals the matter to the 
Board under paragraph (1) of this subsection.
    (3) Any decision of the Board under paragraph (1) of this 
subsection shall be a judicially reviewable action as of--
            (A) the date of issuance of the decision if the 
        employee or applicant does not file a petition with the 
        Equal Employment Opportunity Commission under 
        subsection (b)(1) of this section, or
            (B) the date the Commission determines not to 
        consider the decision under subsection (b)(2) of this 
        section.
    (b)(1) An employee or applicant may, within 30 days after 
notice of the decision of the Board under subsection (a)(1) of 
this section, petition the Commission to consider the decision.
    (2) The Commission shall, within 30 days after the date of 
the petition, determine whether to consider the decision. A 
determination of the Commission not to consider the decision 
may not be used as evidence with respect to any issue of 
discrimination in any judicial proceeding concerning that 
issue.
    (3) If the Commission makes a determination to consider the 
decision, the Commission shall, within 60 days after the date 
of the determination, consider the entire record of the 
proceedings of the Board and, on the basis of the evidentiary 
record before the Board, as supplemented under paragraph (4) of 
this subsection, either--
            (A) concur in the decision of the Board; or
            (B) issue in writing another decision which differs 
        from the decision of the Board to the extent that the 
        Commission finds that, as a matter of law--
                    (i) the decision of the Board constitutes 
                an incorrect interpretation of any provision of 
                any law, rule, regulation, or policy directive 
                referred to in subsection (a)(1)(B) of this 
                section, or
                    (ii) the decision involving such provision 
                is not supported by the evidence in the record 
                as a whole.
    (4) In considering any decision of the Board under this 
subsection, the Commission may refer the case to the Board, or 
provide on its own, for the taking (within such period as 
permits the Commission to make a decision within the 60-day 
period prescribed under this subsection) of additional evidence 
to the extent it considers necessary to supplement the record.
    (5)(A) If the Commission concurs pursuant to paragraph 
(3)(A) of this subsection in the decision of the Board, the 
decision of the Board shall be a judicially reviewable action.
    (B) If the Commission issues any decision under paragraph 
(3)(B) of this subsection, the Commission shall immediately 
refer the matter to the Board.
    (c) Within 30 days after receipt by the Board of the 
decision of the Commission under subsection (b)(5)(B) of this 
section, the Board shall consider the decision and--
            (1) concur and adopt in whole the decision of the 
        Commission; or
            (2) to the extent that the Board finds that, as a 
        matter of law, (A) the Commission decision constitutes 
        an incorrect interpretation of any provision of any 
        civil service law, rule, regulation or policy 
        directive, or (B) the Commission decision involving 
        such provision is not supported by the evidence in the 
        record as a whole--
                    (i) reaffirm the initial decision of the 
                Board; or
                    (ii) reaffirm the initial decision of the 
                Board with such revisions as it determines 
                appropriate.
If the Board takes the action provided under paragraph (1), the 
decision of the Board shall be a judicially reviewable action.
    (d)(1) If the Board takes any action under subsection 
(c)(2) of this section, the matter shall be immediately 
certified to a special panel described in paragraph (6) of this 
subsection. Upon certification, the Board shall, within 5 days 
(excluding Saturdays, Sundays, and holidays), transmit to the 
special panel the administrative record in the proceeding, 
including--
            (A) the factual record compiled under this section,
            (B) the decisions issued by the Board and the 
        Commission under this section, and
            (C) any transcript of oral arguments made, or legal 
        briefs filed, before the Board or the Commission.
    (2)(A) The special panel shall, within 45 days after a 
matter has been certified to it, review the administrative 
record transmitted to it and, on the basis of the record, 
decide the issues in dispute and issue a final decision which 
shall be a judicially reviewable action.
    (B) The special panel shall give due deference to the 
respective expertise of the Board and Commission in making its 
decision.
    (3) The special panel shall refer its decision under 
paragraph (2) of this subsection to the Board and the Board 
shall order any agency to take any action appropriate to carry 
out the decision.
    (4) The special panel shall permit the employee or 
applicant who brought the complaint and the employing agency to 
appear before the panel to present oral arguments and to 
present written arguments with respect to the matter.
    (5) Upon application by the employee or applicant, the 
Commission may issue such interim relief as it determines 
appropriate to mitigate any exceptional hardship the employee 
or applicant might otherwise incur as a result of the 
certification of any matter under this subsection, except that 
the Commission may not stay, or order any agency to review on 
an interim basis, the action referred to in subsection (a)(1) 
of this section.
    (6)(A) Each time the Board takes any action under 
subsection (c)(2) of this section, a special panel shall be 
convened which shall consist of--
            (i) an individual appointed by the President, by 
        and with the advice and consent of the Senate, to serve 
        for a term of 6 years as chairman of the special panel 
        each time it is convened;
            (ii) one member of the Board designated by the 
        Chairman of the Board each time a panel is convened; 
        and
            (iii) one member of the Commission designated by 
        the Chairman of the Commission each time a panel is 
        convened.
The chairman of the special panel may be removed by the 
President only for inefficiency, neglect of duty, or 
malfeasance in office.
    (B) The chairman is entitled to pay at a rate equal to the 
maximum annual rate of basic pay payable under the General 
Schedule for each day he is engaged in the performance of 
official business on the work of the special panel.
    (C) The Board and the Commission shall provide such 
administrative assistance to the special panel as may be 
necessary and, to the extent practicable, shall equally divide 
the costs of providing the administrative assistance.
    (e)(1) Notwithstanding any other provision of law, if at 
any time after--
            (A) the 120th day following the filing of any 
        matter described in subsection (a)(2) of this section 
        with an agency, there is not judicially reviewable 
        action under this section or an appeal under paragraph 
        (2) of this subsection;
            (B) the 120th day following the filing of an appeal 
        with the Board under subsection (a)(1) of this section, 
        there is no judicially reviewable action (unless such 
        action is not as the result of the filing of a petition 
        by the employee under subsection (b)(1) of this 
        section); or
            (C) the 180th day following the filing of a 
        petition with the Equal Employment Opportunity 
        Commission under subsection (b)(1) of this section, 
        there is no final agency action under subsection (b), 
        (c), or (d) of this section;
an employee shall be entitled to file a civil action to the 
same extent and in the same manner as provided in section 
717(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(c)), 
section 15(c) of the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 633a(c)), or section 16(b) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216(b)).
    (2) If, at any time after the 120th day following the 
filing of any matter described in subsection (a)(2) of this 
section with an agency, there is no judicially reviewable 
action, the employee may appeal the matter to the Board under 
subsection (a)(1) of this section.
    (3) Nothing in this section shall be construed to affect 
the right to trial de novo under any provision of law described 
in subsection (a)(1) of this section after a judicially 
reviewable action, including the decision of an agency under 
subsection (a)(2) of this section.
    (f) In any case in which an employee is required to file 
any action, appeal, or petition under this section and the 
employee timely files the action, appeal, or petition with an 
agency other than the agency with which the action, appeal, or 
petition is to be filed, the employee shall be treated as 
having timely filed the action, appeal, or petition as of the 
date it is filed with the proper agency.

Sec. 7703. Judicial review of decisions of the Merit Systems Protection 
                    Board

    (a)(1) Any employee or applicant for employment adversely 
affected or aggrieved by a final order or decision of the Merit 
Systems Protection Board may obtain judicial review of the 
order or decision.
    (2) The Board shall be named respondent in any proceeding 
brought pursuant to this subsection, unless the employee or 
applicant for employment seeks review of a final order or 
decision on the merits on the underlying personnel action or on 
a request for attorney fees, in which case the agency 
responsible for taking the personnel action shall be the 
respondent.
    (b)(1) Except as provided in paragraph (2) of this 
subsection, a petition to review a final order or final 
decision of the Board shall be filed in the United States Court 
of Appeals for the Federal Circuit. Notwithstanding any other 
provision of law, any petition for review must be filed within 
60 days after the date the petitioner received notice of the 
final order or decision of the Board.
    (2) Cases of discrimination subject to the provisions of 
section 7702 of this title shall be filed under section 717(c) 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(c)), 
section 15(c) of the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 633a(c)), and section 16(b) of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 216(b)), as 
applicable. Notwithstanding any other provision of law, any 
such case filed under any such section must be filed within 30 
days after the date the individual filing the case received 
notice of the judicially reviewable action under such section 
7702.
    (c) In any case filed in the United States Court of Appeals 
for the Federal Circuit, the court shall review the record and 
hold unlawful and set aside any agency action, findings, or 
conclusions found to be--
            (1) arbitrary, capricious, an abuse of discretion, 
        or otherwise not in accordance with law;
            (2) obtained without procedures required by law, 
        rule, or regulation having been followed; or
            (3) unsupported by substantial evidence;
except that in the case of discrimination brought under any 
section referred to in subsection (b)(2) of this section, the 
employee or applicant shall have the right to have the facts 
subject to trial de novo by the reviewing court.
    (d) The Director of the Office of Personnel Management may 
obtain review of any final order or decision of the Board by 
filing, within 60 days after the date the Director received 
notice of the final order or decision of the Board, a petition 
for judicial review in the United States Court of Appeals for 
the Federal Circuit if the Director determines, in his 
discretion, that the Board erred in interpreting a civil 
service law, rule, or regulation affecting personnel management 
and that the Board's decision will have a substantial impact on 
a civil service law, rule, regulation, or policy directive. If 
the Director did not intervene in a matter before the Board, 
the Director may not petition for review of a Board decision 
under this section unless the Director first petitions the 
Board for a reconsideration of its decision, and such petition 
is denied. In addition to the named respondent, the Board and 
all other parties to the proceedings before the Board shall 
have the right to appear in the proceeding before the Court of 
Appeals. The granting of the petition for judicial review shall 
be at the discretion of the Court of Appeals.


                   CHAPTER 79--SERVICES TO EMPLOYEES

Sec.
7901.    Health service programs.
7902.    Safety programs.
7903.    Protective clothing and equipment.
7904.    Employee assistance programs relating to drug abuse and alcohol 
          abuse.
7905.    Programs to encourage commuting by means other than single-
          occupancy motor vehicles.

Sec. 7901. Health service programs

    (a) The head of each agency of the Government of the United 
States may establish, within the limits of appropriations 
available, a health service program to promote and maintain the 
physical and mental fitness of employees under his 
jurisdiction.
    (b) A health service program may be established by contract 
or otherwise, but only--
            (1) after consultation with the Secretary of 
        Health, Education, and Welfare and consideration of its 
        recommendations; and
            (2) in localities where there are a sufficient 
        number of employees to warrant providing the service.
    (c) A health service program is limited to--
            (1) treatment of on-the-job illness and dental 
        conditions requiring emergency attention;
            (2) preemployment and other examinations;
            (3) referral of employees to private physicians and 
        dentists; and
            (4) preventive programs relating to health.
    (d) The Secretary of Health, Education, and Welfare, on 
request, shall review a health service program conducted under 
this section and shall submit comment and recommendations to 
the head of the agency concerned.
    (e) When this section authorizes the use of the 
professional services of physicians, that authorization 
includes the use of the professional services of surgeons and 
osteopathic practitioners within the scope of their practice as 
defined by State law.
    (f) The health programs conducted by the Tennessee Valley 
Authority are not affected by this section.

Sec. 7902. Safety programs

    (a) For the purpose of this section--
            (1) ``employee'' means an employee as defined by 
        section 8101 of this title; and
            (2) ``agency'' means an agency in any branch of the 
        Government of the United States (not including the 
        United States Postal Service), including an 
        instrumentality wholly owned by the United States, and 
        the government of the District of Columbia.
    (b) The Secretary of Labor shall carry out a safety program 
under section 941(b)(1) of title 33 covering the employment of 
each employee of an agency.
    (c) The President may--
            (1) establish by Executive order a safety council 
        composed of representatives of the agencies and of 
        labor organizations representing employees to serve as 
        an advisory body to the Secretary in furtherance of the 
        safety program carried out by the Secretary under 
        subsection (b) of this section; and
            (2) undertake such other measures as he considers 
        proper to prevent injuries and accidents to employees 
        of the agencies.
    (d) The head of each agency shall develop and support 
organized safety promotion to reduce accidents and injuries 
among employees of his agency, encourage safe practices, and 
eliminate work hazards and health risks.
    (e) Each agency shall--
            (1) keep a record of injuries and accidents to its 
        employees whether or not they result in loss of time or 
        in the payment or furnishing of benefits; and
            (2) make such statistical or other reports on such 
        forms as the Secretary may prescribe by regulation.

Sec. 7903. Protective clothing and equipment

    Appropriations available for the procurement of supplies 
and material or equipment are available for the purchase and 
maintenance of special clothing and equipment for the 
protection of personnel in the performance of their assigned 
tasks. For the purpose of this section, ``appropriations'' 
includes funds made available by statute under section 9104 of 
title 31.

Sec. 7904. Employee assistance programs relating to drug abuse and 
                    alcohol abuse

    (a) The head of each Executive agency shall, in a manner 
consistent with guidelines prescribed under subsection (b) of 
this section and applicable provisions of law, establish 
appropriate prevention, treatment, and rehabilitation programs 
and services for drug abuse and alcohol abuse for employees in 
or under such agency.
    (b) The Office of Personnel Management shall, after such 
consultations as the Office considers appropriate, prescribe 
guidelines for programs and services under this section.
    (c) The Secretary of Health and Human Services, on request 
of the head of an Executive agency, shall review any program or 
service provided under this section and shall submit comments 
and recommendations to the head of the agency concerned.

Sec. 7905. Programs to encourage commuting by means other than single-
                    occupancy motor vehicles

    (a) For the purpose of this section--
            (1) the term ``employee'' means an employee as 
        defined by section 2105 and a member of a uniformed 
        service;
            (2) the term ``agency'' means--
                    (A) an Executive agency;
                    (B) an entity of the legislative branch; 
                and
                    (C) the judicial branch;
            (3) the term ``entity of the legislative branch'' 
        means the House of Representatives, the Senate, the 
        Office of the Architect of the Capitol (including the 
        Botanic Garden), the Capitol Police, the Congressional 
        Budget Office, the Copyright Royalty Tribunal, the 
        Government Printing Office, the Library of Congress, 
        and the Office of Technology Assessment; and
            (4) the term ``transit pass'' means a transit pass 
        as defined by section 132(f)(5) of the Internal Revenue 
        Code of 1986.
    (b)(1) The head of each agency may establish a program to 
encourage employees of such agency to use means other than 
single-occupancy motor vehicles to commute to or from work.
    (2) A program established under this section may involve 
such options as--
            (A) transit passes (including cash reimbursements 
        therefor, but only if a voucher or similar item which 
        may be exchanged only for a transit pass is not readily 
        available for direct distribution by the agency);
            (B) furnishing space, facilities, or services to 
        bicyclists; and
            (C) any non-monetary incentive which the agency 
        head may otherwise offer under any other provision of 
        law or other authority.
    (c) The functions of an agency head under this section 
shall--
            (1) with respect to the judicial branch, be carried 
        out by the Director of the Administrative Office of the 
        United States Courts;
            (2) with respect to the House of Representatives, 
        be carried out by the Committee on House Administration 
        of the House of Representatives; and
            (3) with respect to the Senate, be carried out by 
        the Committee on Rules and Administration of the 
        Senate.
    (d) The President shall designate 1 or more agencies which 
shall--
            (1) prescribe guidelines for programs under this 
        section;
            (2) on request, furnish information or technical 
        advice on the design or operation of any program under 
        this section; and
            (3) submit to the President and the Congress, 
        before January 1, 1995, and at least every 2 years 
        thereafter, a written report on the operation of this 
        section, including, with respect to the period covered 
        by the report--
                    (A) the number of agencies offering 
                programs under this section;
                    (B) a brief description of each of the 
                various programs;
                    (C) the extent of employee participation 
                in, and the costs to the Government associated 
                with, each of the various programs;
                    (D) an assessment of any environmental or 
                other benefits realized as a result of programs 
                established under this section; and
                    (E) any other matter which may be 
                appropriate.


                   Subpart G--Insurance and Annuities

               CHAPTER 81--COMPENSATION FOR WORK INJURIES

                         SUBCHAPTER I--GENERALLY

Sec.
8101.    Definitions.
8102.    Compensation for disability or death of employee.
8103.    Medical services and initial medical and other benefits.
8104.    Vocational rehabilitation.
8105.    Total disability.
8106.    Partial disability.
8107.    Compensation schedule.
8108.    Reduction of compensation for subsequent injury to same member.
8109.    Beneficiaries of awards unpaid at death; order of precedence.
8110.    Augmented compensation for dependents.
8111.    Additional compensation for services of attendants or 
          vocational 
          rehabilitation.
8112.    Maximum and minimum monthly payments.
8113.    Increase or decrease of basic compensation.
8114.    Computation of pay.
8115.    Determination of wage-earning capacity.
8116.    Limitations on right to receive compensation.
8117.    Time of accrual of right.
8118.    Continuation of pay; election to use annual or sick leave.
8119.    Notice of injury or death.
8120.    Report of injury.
8121.    Claim.
8122.    Time for making claim.
8123.    Physical examinations.
8124.    Findings and award; hearings.
8125.    Misbehavior at proceedings.
8126.    Subpenas; oaths; examination of witnesses.
8127.    Representation; attorneys' fees.
8128.    Review of award.
8129.    Recovery of overpayments.
8130.    Assignment of claim.
8131.    Subrogation of the United States.
8132.    Adjustment after recovery from a third person.
8133.    Compensation in case of death.
8134.    Funeral expenses; transportation of body.
8135.    Lump-sum payment.
8136.    Initial payments outside the United States.
8137.    Compensation for noncitizens and nonresidents.
8138.    Minimum limit modification for noncitizens and aliens.
8139.    Employees of the District of Columbia.
8140.    Members of the Reserve Officers' Training Corps.
8141.    Civil Air Patrol volunteers.
8142.    Peace Corps volunteers.
8143.    Job Corps enrollees; volunteers in service to America.
8143a.   Members of the National Teacher Corps.
8144.    Student-employees.
8145.    Administration.
8146.    Administration for the Panama Canal Commission and The Alaska 
          Railroad.
8146a.   Cost-of-living adjustment of compensation.
8147.    Employees' Compensation Fund.
8148.    Forfeiture of benefits by convicted felons.
8149.    Regulations.
8150.    Effect on other statutes.
8151.    Civil service retention rights.
8152.    Annual report.

   SUBCHAPTER II--EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

8171.    Compensation for work injuries; generally.
8172.    Employees not citizens or residents of the United States.
8173.    Liability under this subchapter exclusive.

  SUBCHAPTER III--LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED 
                                 STATES

8191.    Determination of eligibility.
8192.    Benefits.
8193.    Administration.

                        SUBCHAPTER I--GENERALLY

Sec. 8101. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means--
                    (A) a civil officer or employee in any 
                branch of the Government of the United States, 
                including an officer or employee of an 
                instrumentality wholly owned by the United 
                States;
                    (B) an individual rendering personal 
                service to the United States similar to the 
                service of a civil officer or employee of the 
                United States, without pay or for nominal pay, 
                when a statute authorizes the acceptance or use 
                of the service, or authorizes payment of travel 
                or other expenses of the individual;
                    (C) an individual, other than an 
                independent contractor or an individual 
                employed by an independent contractor, employed 
                on the Menominee Indian Reservation in 
                Wisconsin in operations conducted under a 
                statute relating to tribal timber and logging 
                operations on that reservation;
                    (D) an individual employed by the 
                government of the District of Columbia; and
                    (E) an individual appointed to a position 
                on the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838);
        but does not include--
                    (i) a commissioned officer of the Regular 
                Corps of the Public Health Service;
                    (ii) a commissioned officer of the Reserve 
                Corps of the Public Health Service on active 
                duty;
                    (iii) a commissioned officer of the 
                Environmental Science Services Administration; 
                or
                    (iv) a member of the Metropolitan Police or 
                the Fire Department of the District of Columbia 
                who is pensioned or pensionable under sections 
                521-535 of title 4, District of Columbia Code; 
                and
                    (F) \1\ an individual selected pursuant to 
                chapter 121 of title 28, United States Code, 
                and serving as a petit or grand juror;
---------------------------------------------------------------------------
    \1\ So in original. Public Law 93-416 added subparagraph (F) 
immediately after clause (iv), rather than after subparagraph (E).
---------------------------------------------------------------------------
            (2) ``physician'' includes surgeons, podiatrists, 
        dentists, clinical psychologists, optometrists, 
        chiropractors, and osteopathic practitioners within the 
        scope of their practice as defined by State law. The 
        term ``physician'' includes chiropractors only to the 
        extent that their reimbursable services are limited to 
        treatment consisting of manual manipulation of the 
        spine to correct a subluxation as demonstrated by X-ray 
        to exist, and subject to regulation by the Secretary;
            (3) ``medical, surgical, and hospital services and 
        supplies'' includes services and supplies by 
        podiatrists, dentists, clinical psychologists, 
        optometrists, chiropractors, osteopathic practitioners 
        and hospitals within the scope of their practice as 
        defined by State law. Reimbursable chiropractic 
        services are limited to treatment consisting of manual 
        manipulation of the spine to correct a subluxation as 
        demonstrated by X-ray to exist, and subject to 
        regulation by the Secretary;
            (4) ``monthly pay'' means the monthly pay at the 
        time of injury, or the monthly pay at the time 
        disability begins, or the monthly pay at the time 
        compensable disability recurs, if the recurrence begins 
        more than 6 months after the injured employee resumes 
        regular full-time employment with the United States, 
        whichever is greater, except when otherwise determined 
        under section 8113 of this title with respect to any 
        period;
            (5) ``injury'' includes, in addition to injury by 
        accident, a disease proximately caused by the 
        employment, and damage to or destruction of medical 
        braces, artificial limbs, and other prosthetic devices 
        which shall be replaced or repaired, and such time lost 
        while such device or appliance is being replaced or 
        repaired; except that eyeglasses and hearing aids would 
        not be replaced, repaired, or otherwise compensated 
        for, unless the damages or destruction is incident to a 
        personal injury requiring medical services;
            (6) ``widow'' means the wife living with or 
        dependent for support on the decedent at the time of 
        his death, or living apart for reasonable cause or 
        because of his desertion;
            (7) ``parent'' includes stepparents and parents by 
        adoption;
            (8) ``brother'' and ``sister'' mean one who at the 
        time of the death of the employee is under 18 years of 
        age or over that age and incapable of self-support, and 
        include stepbrothers and stepsisters, half brothers and 
        half sisters, and brothers and sisters by adoption, but 
        do not include married brothers or married sisters;
            (9) ``child'' means one who at the time of the 
        death of the employee is under 18 years of age or over 
        that age and incapable of self-support, and includes 
        stepchildren, adopted children, and posthumous 
        children, but does not include married children;
            (10) ``grandchild'' means one who at the time of 
        the death of the employee is under 18 years of age or 
        over that age and incapable of self-support;
            (11) ``widower'' means the husband living with or 
        dependent for support on the decedent at the time of 
        her death, or living apart for reasonable cause or 
        because of her desertion;
            (12) ``compensation'' includes the money allowance 
        payable to an employee or his dependents and any other 
        benefits paid for from the Employees' Compensation 
        Fund, but this does not in any way reduce the amount of 
        the monthly compensation payable for disability or 
        death;
            (13) ``war-risk hazard'' means a hazard arising 
        during a war in which the United States is engaged; 
        during an armed conflict in which the United States is 
        engaged, whether or not war has been declared; or 
        during a war or armed conflict between military forces 
        of any origin, occurring in the country in which an 
        individual to whom this subchapter applies is serving; 
        from--
                    (A) the discharge of a missile, including 
                liquids and gas, or the use of a weapon, 
                explosive, or other noxious thing by a hostile 
                force or individual or in combating an attack 
                or an imagined attack by a hostile force or 
                individual;
                    (B) action of a hostile force or 
                individual, including rebellion or insurrection 
                against the United States or any of its allies;
                    (C) the discharge or explosion of munitions 
                intended for use in connection with a war or 
                armed conflict with a hostile force or 
                individual;
                    (D) the collision of vessels on convoy or 
                the operation of vessels or aircraft without 
                running lights or without other customary 
                peacetime aids to navigation; or
                    (E) the operation of vessels or aircraft in 
                a zone of hostilities or engaged in war 
                activities;
            (14) ``hostile force or individual'' means a 
        nation, a subject of a foreign nation, or an individual 
        serving a foreign nation--
                    (A) engaged in a war against the United 
                States or any of its allies;
                    (B) engaged in armed conflict, whether or 
                not war has been declared, against the United 
                States or any of its allies; or
                    (C) engaged in a war or armed conflict 
                between military forces of any origin in a 
                country in which an individual to whom this 
                subchapter applies is serving;
            (15) ``allies'' means any nation with which the 
        United States is engaged in a common military effort or 
        with which the United States has entered into a common 
        defensive military alliance;
            (16) ``war activities'' includes activities 
        directly relating to military operations;
            (17) ``student'' means an individual under 23 years 
        of age who has not completed 4 years of education 
        beyond the high school level and who is regularly 
        pursuing a full-time course of study or training at an 
        institution which is--
                    (A) a school or college or university 
                operated or directly supported by the United 
                States, or by a State or local government or 
                political subdivision thereof;
                    (B) a school or college or university which 
                has been accredited by a State or by a State-
                recognized or nationally recognized accrediting 
                agency or body;
                    (C) a school or college or university not 
                so accredited but whose credits are accepted, 
                on transfer, by at least three institutions 
                which are so accredited, for credit on the same 
                basis as if transferred from an institution so 
                accredited; or
                    (D) an additional type of educational or 
                training institution as defined by the 
                Secretary of Labor.
        Such an individual is deemed not to have ceased to be a 
        student during an interim between school years if the 
        interim is not more than 4 months and if he shows to 
        the satisfaction of the Secretary that he has a bona 
        fide intention of continuing to pursue a full-time 
        course of study or training during the semester or 
        other enrollment period immediately after the interim 
        or during periods of reasonable duration during which, 
        in the judgment of the Secretary, he is prevented by 
        factors beyond his control from pursuing his education. 
        A student whose 23rd birthday occurs during a semester 
        or other enrollment period is deemed a student until 
        the end of the semester or other enrollment period;
            (18) ``price index'' means the Consumer Price Index 
        (all items--United States city average) published 
        monthly by the Bureau of Labor Statistics; and
            (19) ``organ'' means a part of the body that 
        performs a special function, and for purposes of this 
        subchapter excludes the brain, heart, and back; and
            (20) ``United States medical officers and 
        hospitals'' includes medical officers and hospitals of 
        the Army, Navy, Air Force, Department of Veterans 
        Affairs, and United States Public Health Service, and 
        any other medical officer or hospital designated as a 
        United States medical officer or hospital by the 
        Secretary of Labor.

Sec. 8102. Compensation for disability or death of employee

    (a) The United States shall pay compensation as specified 
by this subchapter for the disability or death of an employee 
resulting from personal injury sustained while in the 
performance of his duty, unless the injury or death is--
            (1) caused by willful misconduct of the employee;
            (2) caused by the employee's intention to bring 
        about the injury or death of himself or of another; or
            (3) proximately caused by the intoxication of the 
        injured employee.
    (b) Disability or death from a war-risk hazard or during or 
as a result of capture, detention, or other restraint by a 
hostile force or individual, suffered by an employee who is 
employed outside the continental United States or in Alaska or 
in the areas and installations in the Republic of Panama made 
available to the United States pursuant to the Panama Canal 
Treaty of 1977 and related agreements (as described in section 
3(a) of the Panama Canal Act of 1979), is deemed to have 
resulted from personal injury sustained while in the 
performance of his duty, whether or not the employee was 
engaged in the course of employment when the disability or 
disability resulting in death occurred or when he was taken by 
the hostile force or individual. This subsection does not apply 
to an individual--
            (1) whose residence is at or in the vicinity of the 
        place of his employment and who was not living there 
        solely because of the exigencies of his employment, 
        unless he was injured or taken while engaged in the 
        course of his employment; or
            (2) who is a prisoner of war or a protected 
        individual under the Geneva Conventions of 1949 and is 
        detained or utilized by the United States.
This subsection does not affect the payment of compensation 
under this subchapter derived otherwise than under this 
subsection, but compensation for disability or death does not 
accrue for a period for which pay, other benefit, or gratuity 
from the United States accrues to the disabled individual or 
his dependents on account of detention by the enemy or because 
of the same disability or death, unless that pay, benefit, or 
gratuity is refunded or renounced.

Sec. 8103. Medical services and initial medical and other benefits

    (a) The United States shall furnish to an employee who is 
injured while in the performance of duty, the services, 
appliances, and supplies prescribed or recommended by a 
qualified physician, which the Secretary of Labor considers 
likely to cure, give relief, reduce the degree or the period of 
disability, or aid in lessening the amount of the monthly 
compensation. These services, appliances, and supplies shall be 
furnished--
            (1) whether or not disability has arisen;
            (2) notwithstanding that the employee has accepted 
        or is entitled to receive benefits under subchapter III 
        of chapter 83 of this title or another retirement 
        system for employees of the Government; and
            (3) by or on the order of United States medical 
        officers and hospitals, or, at the employee's option, 
        by or on the order of physicians and hospitals 
        designated or approved by the Secretary.
The employee may initially select a physician to provide 
medical services, appliances, and supplies, in accordance with 
such regulations and instructions as the Secretary considers 
necessary, and may be furnished necessary and reasonable 
transportation and expenses incident to the securing of such 
services, appliances, and supplies. These expenses, when 
authorized or approved by the Secretary, shall be paid from the 
Employees' Compensation Fund.
    (b) The Secretary, under such limitations or conditions as 
he considers necessary, may authorize the employing agencies to 
provide for the initial furnishing of medical and other 
benefits under this section. The Secretary may certify vouchers 
for these expenses out of the Employees' Compensation Fund when 
the immediate superior of the employee certifies that the 
expense was incurred in respect to an injury which was accepted 
by the employing agency as probably compensable under this 
subchapter. The Secretary shall prescribe the form and content 
of the certificate.

Sec. 8104. Vocational rehabilitation

    (a) The Secretary of Labor may direct a permanently 
disabled individual whose disability is compensable under this 
subchapter to undergo vocational rehabilitation. The Secretary 
shall provide for furnishing the vocational rehabilitation 
services. In providing for these services, the Secretary, 
insofar as practicable, shall use the services or facilities of 
State agencies and corresponding agencies which cooperate with 
the Secretary of Health, Education, and Welfare in carrying out 
the purposes of chapter 4 of title 29, except to the extent 
that the Secretary of Labor provides for furnishing these 
services under section 8103 of this title. The cost of 
providing these services to individuals undergoing vocational 
rehabilitation under this section shall be paid from the 
Employees' Compensation Fund. However, in reimbursing a State 
or corresponding agency under an arrangement pursuant to this 
section the cost to the agency reimbursable in full under 
section 32(b)(1) of title 29 is excluded.
    (b) Notwithstanding section 8106, individuals directed to 
undergo vocational rehabilitation by the Secretary shall, while 
undergoing such rehabilitation, receive compensation at the 
rate provided in sections 8105 and 8110 of this title, less the 
amount of any earnings received from remunerative employment, 
other than employment undertaken pursuant to such 
rehabilitation.

Sec. 8105. Total disability

    (a) If the disability is total, the United States shall pay 
the employee during the disability monthly monetary 
compensation equal to 66\2/3\ percent of his monthly pay, which 
is known as his basic compensation for total disability.
    (b) The loss of use of both hands, both arms, both feet, or 
both legs, or the loss of sight of both eyes, is prima facie 
permanent total disability.

Sec. 8106. Partial disability

    (a) If the disability is partial, the United States shall 
pay the employee during the disability monthly monetary 
compensation equal to 66\2/3\ percent of the difference between 
his monthly pay and his monthly wage-earning capacity after the 
beginning of the partial disability, which is known as his 
basic compensation for partial disability.
    (b) The Secretary of Labor may require a partially disabled 
employee to report his earnings from employment or self-
employment, by affidavit or otherwise, in the manner and at the 
times the Secretary specifies. The employee shall include in 
the affidavit or report the value of housing, board, lodging, 
and other advantages which are part of his earnings in 
employment or self-employment and which can be estimated in 
money. An employee who--
            (1) fails to make an affidavit or report when 
        required; or
            (2) knowingly omit or understates any part of his 
        earnings;
forfeits his right to compensation with respect to any period 
for which the affidavit or report was required. Compensation 
forfeited under this subsection, if already paid, shall be 
recovered by a deduction from the compensation payable to the 
employee or otherwise recovered under section 8129 of this 
title, unless recovery is waived under that section.
    (c) A partially disabled employee who--
            (1) refuses to seek suitable work; or
            (2) refuses or neglects to work after suitable work 
        is offered to, procured by, or secured for him;
is not entitled to compensation.

Sec. 8107. Compensation schedule

    (a) If there is permanent disability involving the loss, or 
loss of use, of a member or function of the body or involving 
disfigurement, the employee is entitled to basic compensation 
for the disability, as provided by the schedule in subsection 
(c) of this section, at the rate of 66\2/3\ percent of his 
monthly pay. The basic compensation is--
            (1) payable regardless of whether the cause of the 
        disability originates in a part of the body other than 
        that member;
            (2) payable regardless of whether the disability 
        also involves another impairment of the body; and
            (3) in addition to compensation for temporary total 
        or temporary partial disability.
    (b) With respect to any period after payments under 
subsection (a) of this section have ended, an employee is 
entitled to compensation as provided by--
            (1) section 8105 of this title if the disability is 
        total; or
            (2) section 8106 of this title if the disability is 
        partial.
    (c) The compensation schedule is as follows:
            (1) Arm lost, 312 weeks' compensation.
            (2) Leg lost, 288 weeks' compensation.
            (3) Hand lost, 244 weeks' compensation.
            (4) Foot lost, 205 weeks' compensation.
            (5) Eye lost, 160 weeks' compensation.
            (6) Thumb lost, 75 weeks' compensation.
            (7) First finger lost, 46 weeks' compensation.
            (8) Great toe lost, 38 weeks' compensation.
            (9) Second finger lost, 30 weeks' compensation.
            (10) Third finger lost, 25 weeks' compensation.
            (11) Toe other than great toe lost, 16 weeks' 
        compensation.
            (12) Fourth finger lost, 15 weeks' compensation.
            (13) Loss of hearing--
                    (A) complete loss of hearing of one ear, 52 
                weeks' compensation; or
                    (B) complete loss of hearing of both ears, 
                200 weeks' compensation.
            (14) Compensation for loss of binocular vision or 
        for loss of 80 percent or more of the vision of an eye 
        is the same as for loss of the eye.
            (15) Compensation for loss of more than one phalanx 
        of a digit is the same as for loss of the entire digit. 
        Compensation for loss of the first phalanx is one-half 
        of the compensation for loss of the entire digit.
            (16) If, in the case of an arm or a leg, the member 
        is amputated above the wrist or ankle, compensation is 
        the same as for loss of the arm or leg, respectively.
            (17) Compensation for loss of use of two or more 
        digits, or one or more phalanges of each of two or more 
        digits, of a hand or foot, is proportioned to the loss 
        of use of the hand or foot occasioned thereby.
            (18) Compensation for permanent total loss of use 
        of a member is the same as for loss of the member.
            (19) Compensation for permanent partial loss of use 
        of a member may be for proportionate loss of use of the 
        member. The degree of loss of vision or hearing under 
        this schedule is determined without regard to 
        correction.
            (20) In case of loss of use of more than one member 
        or parts of more than one member as enumerated by this 
        schedule, the compensation is for loss of use of each 
        member or part thereof, and the awards run 
        consecutively. However, when the injury affects only 
        two or more digits of the same hand or foot, paragraph 
        (17) of this subsection applies, and when partial 
        bilateral loss of hearing is involved, compensation is 
        computed on the loss as affecting both ears.
            (21) For serious disfigurement of the face, head, 
        or neck of a character likely to handicap an individual 
        in securing or maintaining employment, proper and 
        equitable compensation not to exceed $3,500 shall be 
        awarded in addition to any other compensation payable 
        under this schedule.
            (22) For permanent loss or loss of use of any other 
        important external or internal organ of the body as 
        determined by the Secretary, proper and equitable 
        compensation not to exceed 312 weeks' compensation for 
        each organ so determined shall be paid in addition to 
        any other compensation payable under this schedule.

Sec. 8108. Reduction of compensation for subsequent injury to same 
                    member

    The period of compensation payable under the schedule in 
section 8107(c) of this title is reduced by the period of 
compensation paid or payable under the schedule for an earlier 
injury if--
            (1) compensation in both cases is for disability of 
        the same member or function or different parts of the 
        same member or function or for disfigurement; and
            (2) the Secretary of Labor finds that compensation 
        payable for the later disability in whole or in part 
        would duplicate the compensation payable for the 
        preexisting disability.
In such a case, compensation for disability continuing after 
the scheduled period starts on expiration of that period as 
reduced under this section.

Sec. 8109. Beneficiaries of awards unpaid at death; order of precedence

    (a) If an individual--
            (1) has sustained disability compensable under 
        section 8107(a) of this title;
            (2) has filed a valid claim in his lifetime; and
            (3) dies from a cause other than the injury before 
        the end of the period specified by the schedule;
the compensation specified by the schedule that is unpaid at 
his death, whether or not accrued or due at his death, shall be 
paid--
            (A) under an award made before or after the death;
            (B) for the period specified by the schedule;
            (C) to and for the benefit of the persons then in 
        being within the classes and proportions and on the 
        conditions specified by this section; and
            (D) in the following order of precedence:
                    (i) If there is no child, to the widow or 
                widower.
                    (ii) If there are both a widow or widower 
                and a child or children, one-half to the widow 
                or widower and one-half to the child or 
                children.
                    (iii) If there is no widow or widower, to 
                the child or children.
                    (iv) If there is no survivor in the above 
                classes, to the parent or parents wholly or 
                partly dependent for support on the decedent, 
                or to other wholly dependent relatives listed 
                by section 8133(a)(5) of this title, or to both 
                in proportions provided by regulation.
                    (v) If there is no survivor in the above 
                classes and no burial allowance is payable 
                under section 8134 of this title, an amount not 
                exceeding that which would be expendable under 
                section 8134 of this title if applicable shall 
                be paid to reimburse a person equitably 
                entitled thereto to the extent and in the 
                proportion that he has paid the burial 
                expenses, but a compensated insurer or other 
                person obligated by law or contract to pay the 
                burial expenses or a State or political 
                subdivision or entity is deemed not equitably 
                entitled.
    (b) Payments under subsection (a) of this section, except 
for an amount payable for a period preceding the death of the 
individual, are at the basic rate of compensation for permanent 
disability specified by section 8107(a) of this title even if 
at the time of death the individual was entitled to the 
augmented rate specified by section 8110 of this title.
    (c) A surviving beneficiary under subsection (a) of this 
section, except one under subsection (a)(D)(v), does not have a 
vested right to payment and must be alive to receive payment.
    (d) A beneficiary under subsection (a) of this section, 
except one under subsection (a)(D)(v), ceases to be entitled to 
payment on the happening of an event which would terminate his 
right to compensation for death under section 8133 of this 
title. When that entitlement ceases, compensation remaining 
unpaid under subsection (a) of this section is payable to the 
surviving beneficiary in accordance with subsection (a) of this 
section.

Sec. 8110. Augmented compensation for dependents

    (a) For the purpose of this section, ``dependent'' means--
            (1) a wife, if--
                    (A) she is member of the same household as 
                the employee;
                    (B) she is receiving regular contributions 
                from the employee for her support; or
                    (C) the employee has been ordered by a 
                court to contribute to her support;
            (2) a husband, if--
                    (A) he is a member of the same household as 
                the employee; or
                    (B) he is receiving regular contributions 
                from the employee for his support; or
                    (C) the employee has been ordered by a 
                court to contribute to his support;
            (3) an unmarried child, while living with the 
        employee or receiving regular contributions from the 
        employee toward his support, and who is--
                    (A) under 18 years of age; or
                    (B) over 18 years of age and incapable of 
                self-support because of physical or mental 
                disability; and
            (4) a parent, while wholly dependent on and 
        supported by the employee.
Notwithstanding paragraph (3) of this subsection, compensation 
payable for a child that would otherwise end because the child 
has reached 18 years of age shall continue if he is a student 
as defined by section 8101 of this title at the time he reaches 
18 years of age for so long as he continues to be such a 
student or until he marries.
    (b) A disabled employee with one or more dependents is 
entitled to have his basic compensation for disability 
augmented--
            (1) at the rate of 8\1/3\ percent of his monthly 
        pay if that compensation is payable under section 8105 
        or 8107(a) of this title; and
            (2) at the rate of 8\1/3\ percent of the difference 
        between his monthly pay and his monthly wage-earning 
        capacity if that compensation is payable under section 
        8106(a) of this title.

Sec. 8111. Additional compensation for services of attendants or 
                    vocational rehabilitation

    (a) The Secretary of Labor may pay an employee who has been 
awarded compensation an additional sum of not more than $1,500 
a month, as the Secretary considers necessary, when the 
Secretary finds that the service of an attendant is necessary 
constantly because the employee is totally blind, or has lost 
the use of both hands or both feet, or is paralyzed and unable 
to walk, or because of other disability resulting from the 
injury making him so helpless as to require constant 
attendance.
    (b) The Secretary may pay an individual undergoing 
vocational rehabilitation under section 8104 of this title 
additional compensation necessary for his maintenance, but not 
to exceed $200 a month.

Sec. 8112. Maximum and minimum monthly payments

    (a) Except as provided by section 8138 of this title, the 
monthly rate of compensation for disability, including 
augmented compensation under section 8110 of this title but not 
including additional compensation under section 8111 of this 
title, may not be more than 75 percent of the monthly pay of 
the maximum rate of basic pay for GS-15, and in case of total 
disability may not be less than 75 percent of the monthly pay 
of the minimum rate of basic pay for GS-2 or the amount of the 
monthly pay of the employee, whichever is less.
    (b) The provisions of subsection (a) shall not apply to any 
em- ployee whose disability is a result of an assault which 
occurs during an assassination or attempted assassination of a 
Federal official described under section 351(a) or 1751(a) of 
title 18, and was sustained in the performance of duty.

Sec. 8113. Increase or decrease of basic compensation

    (a) If an individual--
            (1) was a minor or employed in a learner's capacity 
        at the time of injury; and
            (2) was not physically or mentally handicapped 
        before the injury;
the Secretary of Labor, on review under section 8128 of this 
title after the time the wage-earning capacity of the 
individual would probably have increased but for the injury, 
shall recompute prospectively the monetary compensation payable 
for disability on the basis of an assumed monthly pay 
corresponding to the probable increased wage-earning capacity.
    (b) If an individual without good cause fails to apply for 
and undergo vocational rehabilitation when so directed under 
section 8104 of this title, the Secretary, on review under 
section 8128 of this title and after finding that in the 
absence of the failure the wage-earning capacity of the 
individual would probably have substantially increased, may 
reduce prospectively the monetary compensation of the 
individual in accordance with what would probably have been his 
wage-earning capacity in the absence of the failure, until the 
individual in good faith complies with the direction of the 
Secretary.

Sec. 8114. Computation of pay

    (a) For the purpose of this section--
            (1) ``overtime pay'' means pay for hours of service 
        in excess of a statutory or other basic workweek or 
        other basic unit of worktime, as observed by the 
        employing establishment; and
            (2) ``year'' means a period of 12 calendar months, 
        or the equivalent thereof as specified by regulations 
        prescribed by the Secretary of Labor.
    (b) In computing monetary compensation for disability or 
death on the basis of monthly pay, that pay is determined under 
this section.
    (c) The monthly pay at the time of injury is deemed one-
twelfth of the average annual earnings of the employee at that 
time. When compensation is paid on a weekly basis, the weekly 
equivalent of the monthly pay is deemed one-fifty-second of the 
average annual earnings. However, for so much of a period of 
total disability as does not exceed 90 calendar days from the 
date of the beginning of compensable disability, the 
compensation, in the discretion of the Secretary of Labor, may 
be computed on the basis of the actual daily wage of the 
employee at the time of injury in which event he may be paid 
compensation for the days he would have worked but for the 
injury.
    (d) Average annual earnings are determined as follows:
            (1) If the employee worked in the employment in 
        which he was employed at the time of his injury during 
        substantially the whole year immediately preceding the 
        injury and the employment was in a position for which 
        an annual rate of pay--
                    (A) was fixed, the average annual earnings 
                are the annual rate of pay; or
                    (B) was not fixed, the average annual 
                earnings are the product obtained by 
                multiplying his daily wage for the particular 
                employment, or the average thereof if the daily 
                wage has fluctuated, by 300 if he was employed 
                on the basis of a 6-day workweek, 280 if 
                employed on the basis of a 5\1/2\-day week, and 
                260 if employed on the basis of a 5-day week.
            (2) If the employee did not work in employment in 
        which he was employed at the time of his injury during 
        substantially the whole year immediately preceding the 
        injury, but the position was one which would have 
        afforded employment for substantially a whole year, the 
        average annual earnings are a sum equal to the average 
        annual earnings of an employee of the same class 
        working substantially the whole immediately preceding 
        year in the same or similar employment by the United 
        States in the same or neighboring place, as determined 
        under paragraph (1) of this subsection.
            (3) If either of the foregoing methods of 
        determining the average annual earnings cannot be 
        applied reasonably and fairly, the average annual 
        earnings are a sum that reasonably represents the 
        annual earning capacity of the injured employee in the 
        employment in which he was working at the time of the 
        injury having regard to the previous earnings of the 
        employee in Federal employment, and of other employees 
        of the United States in the same or most similar class 
        working in the same or most similar employment in the 
        same or neighboring location, other previous employment 
        of the employee, or other relevant factors. However, 
        the average annual earnings may not be less than 150 
        times the average daily wage the employee earned in the 
        employment during the days employed within 1 year 
        immediately preceding his injury.
            (4) If the employee served without pay or at 
        nominal pay, paragraphs (1), (2), and (3) of this 
        subsection apply as far as practicable, but the average 
        annual earnings of the employee may not exceed the 
        minimum rate of basic pay for GS-15. If the average 
        annual earnings cannot be determined reasonably and 
        fairly in the manner otherwise provided by this 
        section, the average annual earnings shall be 
        determined at the reasonable value of the service 
        performed but not in excess of $3,600 a year.
    (e) The value of subsistence and quarters, and of any other 
form of remuneration in kind for services if its value can be 
estimated in money, and premium pay under section 5545(c)(1) of 
this title are included as part of the pay, but account is not 
taken of--
            (1) overtime pay;
            (2) additional pay or allowance authorized outside 
        the United States because of differential in cost of 
        living or other special circumstances; or
            (3) bonus or premium pay for extraordinary service 
        including bonus or pay for particularly hazardous 
        service in time of war.

Sec. 8115. Determination of wage-earning capacity

    (a) In determining compensation for partial disability, 
except permanent partial disability compensable under sections 
8107-8109 of this title, the wage-earning capacity of an 
employee is determined by his actual earnings if his actual 
earnings fairly and reasonably represent his wage-earning 
capacity. If the actual earnings of the employee do not fairly 
and reasonably represent his wage-earning capacity or if the 
employee has no actual earnings, his wage-earning capacity as 
appears reasonable under the circumstances is determined with 
due regard to--
            (1) the nature of his injury;
            (2) the degree of physical impairment;
            (3) his usual employment;
            (4) his age;
            (5) his qualifications for other employment;
            (6) the availability of suitable employment; and
            (7) other factors or circumstances which may affect 
        his wage-earning capacity in his disabled condition.
    (b) Section 8114(d) of this title is applicable in 
determining the wage-earning capacity of an employee after the 
beginning of partial disability.

Sec. 8116. Limitations on right to receive compensation

    (a) While an employee is receiving compensation under this 
subchapter, or if he has been paid a lump sum in commutation of 
installment payments until the expiration of the period during 
which the installment payments would have continued, he may not 
receive salary, pay, or remuneration of any type from the 
United States, except--
            (1) in return for service actually performed;
            (2) pension for service in the Army, Navy, or Air 
        Force;
            (3) other benefits administered by the Department 
        of Veterans Affairs unless such benefits are payable 
        for the same injury or the same death; and
            (4) retired pay, retirement pay, retainer pay, or 
        equivalent pay for service in the Armed Forces or other 
        uniformed services.
However, eligibility for or receipt of benefits under 
subchapter III of chapter 83 of this title, or another 
retirement system for employees of the Government, does not 
impair the right of the employee to compensation for scheduled 
disabilities specified by section 8107(c) of this title.
    (b) An individual entitled to benefits under this 
subchapter because of his injury, or because of the death of an 
employee, who also is entitled to receive from the United 
States under a provision of statute other than this subchapter 
payments or benefits for that injury or death (except proceeds 
of an insurance policy), because of service by him (or in the 
case of death, by the deceased) as an employee or in the armed 
forces, shall elect which benefits he will receive. The 
individual shall make the election within 1 year after the 
injury or death or within a further time allowed for good cause 
by the Secretary of Labor. The election when made is 
irrevocable, except as otherwise provided by statute.
    (c) The liability of the United States or an 
instrumentality thereof under this subchapter or any extension 
thereof with respect to the injury or death of an employee is 
exclusive and instead of all other liability of the United 
States or the instrumentality to the employee, his legal 
representative, spouse, dependents, next of kin, and any other 
person otherwise entitled to recover damages from the United 
States or the instrumentality because of the injury or death in 
a direct judicial proceeding, in a civil action, or in 
admiralty, or by an administrative or judicial proceeding under 
a workmen's compensation statute or under a Federal tort 
liability statute. However, this subsection does not apply to a 
master or a member of a crew of a vessel.
    (d) Notwithstanding the other provisions of this section, 
an individual receiving benefits for disability or death under 
this subchapter who is also receiving benefits under subchapter 
III of chapter 84 of this title or benefits under title II of 
the Social Security Act shall be entitled to all such benefits, 
except that--
            (1) benefits received under section 223 of the 
        Social Security Act (on account of disability) shall be 
        subject to reduction on account of benefits paid under 
        this subchapter pursuant to the provisions of section 
        224 of the Social Security Act; and
            (2) in the case of benefits received on account of 
        age or death under title II of the Social Security Act, 
        compensation payable under this subchapter based on the 
        Federal service of an employee shall be reduced by the 
        amount of any such social security benefits payable 
        that are attributable to Federal service of that 
        employee covered by chapter 84 of this title. However, 
        eligibility for or receipt of benefits under chapter 84 
        of this title, or benefits under title II of the Social 
        Security Act by virtue of service covered by chapter 84 
        of this title, does not affect the right of the 
        employee to compensation for scheduled disabilities 
        specified by section 8107(c) of this title.

Sec. 8117. Time of accrual of right

    An employee is not entitled to compensation for the first 3 
days of temporary disability, except--
            (1) when the disability exceeds 14 days;
            (2) when the disability is followed by permanent 
        disability; or
            (3) as provided by sections 8103 and 8104 of this 
        title.

Sec. 8118. Continuation of pay; election to use annual or sick leave

    (a) The United States shall authorize the continuation of 
pay of an employee, as defined in section 8101(1) of this title 
(other than those referred to in clause (B) or (E)), who has 
filed a claim for a period of wage loss due to a traumatic 
injury with his immediate superior on a form approved by the 
Secretary of Labor within the time specified in section 
8122(a)(2) of this title.
    (b) Continuation of pay under this subchapter shall be 
furnished--
            (1) without a break in time unless controverted 
        under regulations of the Secretary;
            (2) for a period not to exceed 45 days; and
            (3) under accounting procedures and such other 
        regulations as the Secretary may require.
    (c) An employee may use annual or sick leave to his credit 
at the time the disability begins, but his compensation for 
disability does not begin, and the time periods specified by 
section 8117 of this title do not begin to run, until 
termination of pay as set forth in subsections (a) and (b) or 
the use of annual or sick leave ends.
    (d) If a claim under subsection (a) is denied by the 
Secretary, payments under this section shall, at the option of 
the employee, be charged to sick or annual leave or shall be 
deemed overpayments of pay within the meaning of section 5584 
of title 5, United States Code.
    (e) Payments under this section shall not be considered as 
compensation as defined by section 8101(12) of this title.

Sec. 8119. Notice of injury or death

    An employee injured in the performance of his duty, or 
someone on his behalf, shall give notice thereof. Notice of a 
death believed to be related to the employment shall be given 
by an eligible beneficiary specified in section 8133 of this 
title, or someone on his behalf. A notice of injury or death 
shall--
            (a) be given within 30 days after the injury or 
        death;
            (b) be given to the immediate superior of the 
        employee by personal delivery or by depositing it in 
        the mail properly stamped and addressed;
            (c) be in writing;
            (d) state the name and address of the employee;
            (e) state the year, month, day, and hour when and 
        the particular locality where the injury or death 
        occurred;
            (f) state the cause and nature of the injury, or, 
        in the case of death, the employment factors believed 
        to be the cause; and
            (g) be signed by and contain the address of the 
        individual giving the notice.

Sec. 8120. Report of injury

    Immediately after an injury to an employee which results in 
his death or probable disability, his immediate superior shall 
report to the Secretary of Labor. The Secretary may--
            (1) prescribe the information that the report shall 
        contain;
            (2) require the immediate superior to make 
        supplemental reports; and
            (3) obtain such additional reports and information 
        from employees as are agreed on by the Secretary and 
        the head of the employing agency.

Sec. 8121. Claim

    Compensation under this subchapter may be allowed only if 
an individual or someone on his behalf makes claim therefor. 
The claim shall--
            (1) be made in writing within the time specified by 
        section 8122 of this title;
            (2) be delivered to the office of the Secretary of 
        Labor or to an individual whom the Secretary may 
        designate by regulation, or deposited in the mail 
        properly stamped and addressed to the Secretary or his 
        designee;
            (3) be on a form approved by the Secretary;
            (4) contain all information required by the 
        Secretary;
            (5) be sworn to by the individual entitled to 
        compensation or someone on his behalf; and
            (6) except in case of death, be accompanied by a 
        certificate of the physician of the employee stating 
        the nature of the injury and the nature and probable 
        extent of the disability.
The Secretary may waive paragraphs (3)-(6) of this section for 
reasonable cause shown.

Sec. 8122. Time for making claim

    (a) An original claim for compensation for disability or 
death must be filed within 3 years after the injury or death. 
Compensation for disability or death, including medical care in 
disability cases, may not be allowed if claim is not filed 
within that time unless--
            (1) the immediate superior had actual knowledge of 
        the injury or death within 30 days. The knowledge must 
        be such to put the immediate superior reasonably on 
        notice of an on-the-job injury or death; or
            (2) written notice of injury or death as specified 
        in section 8119 of this title was given within 30 days.
    (b) In a case of latent disability, the time for filing 
claim does not begin to run until the employee has a 
compensable disability and is aware, or by the exercise of 
reasonable diligence should have been aware, of the causal 
relationship of the compensable disability to his employment. 
In such a case, the time for giving notice of injury begins to 
run when the employee is aware, or by the exercise of 
reasonable diligence should have been aware, that his condition 
is causally related to his employment, whether or not there is 
a compensable disability.
    (c) The timely filing of a disability claim because of 
injury will satisfy the time requirements for a death claim 
based on the same injury.
    (d) The time limitations in subsections (a) and (b) of this 
section do not--
            (1) begin to run against a minor until he reaches 
        21 years of age or has had a legal representative 
        appointed; or
            (2) run against an incompetent individual while he 
        is incompetent and has no duly appointed legal 
        representative; or
            (3) run against any individual whose failure to 
        comply is excused by the Secretary on the ground that 
        such notice could not be given because of exceptional 
        circumstances.

Sec. 8123. Physical examinations

    (a) An employee shall submit to examination by a medical 
officer of the United States, or by a physician designated or 
approved by the Secretary of Labor, after the injury and as 
frequently and at the times and places as may be reasonably 
required. The employee may have a physician designated and paid 
by him present to participate in the examination. If there is 
disagreement between the physician making the examination for 
the United States and the physician of the employee, the 
Secretary shall appoint a third physician who shall make an 
examination.
    (b) An employee is entitled to be paid expenses incident to 
an examination required by the Secretary which in the opinion 
of the Secretary are necessary and reasonable, including 
transportation and loss of wages incurred in order to be 
examined. The expenses, when authorized or approved by the 
Secretary, are paid from the Employees' Compensation Fund.
    (c) The Secretary shall fix the fees for examinations held 
under this section by physicians not employed by or under 
contract to the United States to furnish medical services to 
employees. The fees, when authorized or approved by the 
Secretary, are paid from the Employees' Compensation Fund.
    (d) If an employee refuses to submit to or obstructs an 
examination, his right to compensation under this subchapter is 
suspended until the refusal or obstruction stops. Compensation 
is not payable while a refusal or obstruction continues, and 
the period of the refusal or obstruction is deducted from the 
period for which compensation is payable to the employee.

Sec. 8124. Findings and award; hearings

    (a) The Secretary of Labor shall determine and make a 
finding of facts and make an award for or against payment of 
compensation under this subchapter after--
            (1) considering the claim presented by the 
        beneficiary and the report furnished by the immediate 
        superior; and
            (2) completing such investigation as he considers 
        necessary.
    (b)(1) Before review under section 8128(a) of this title, a 
claimant for compensation not satisfied with a decision of the 
Secretary under subsection (a) of this section is entitled, on 
request made within 30 days after the date of the issuance of 
the decision, to a hearing on his claim before a representative 
of the Secretary. At the hearing, the claimant is entitled to 
present evidence in further support of his claim. Within 30 
days after the hearing ends, the Secretary shall notify the 
claimant in writing of his further decision and any 
modifications of the award he may make and of the basis of his 
decision.
    (2) In conducting the hearing, the representative of the 
Secretary is not bound by common law or statutory rules of 
evidence, by technical or formal rules of procedure, or by 
section 554 of this title except as provided by this 
subchapter, but may conduct the hearing in such manner as to 
best ascertain the rights of the claimant. For this purpose, he 
shall receive such relevant evidence as the claimant adduces 
and such other evidence as he determines necessary or useful in 
evaluating the claim.

Sec. 8125. Misbehavior at proceedings

    If an individual--
            (1) disobeys or resists a lawful order or process 
        in proceedings under this subchapter before the 
        Secretary of Labor or his representative; or
            (2) misbehaves during a hearing or so near the 
        place of hearing as to obstruct it;
the Secretary or his representative shall certify the facts to 
the district court having jurisdiction in the place where he is 
sitting. The court, in a summary manner, shall hear the 
evidence as to the acts complained of and if the evidence 
warrants, punish the individual in the same manner and to the 
same extent as for a contempt committed before the court, or 
commit the individual on the same conditions as if the 
forbidden act had occurred with reference to the process of or 
in the presence of the court.

Sec. 8126. Subpenas; oaths; examination of witnesses

    The Secretary of Labor, on any matter within his 
jurisdiction under this subchapter, may--
            (1) issue subpenas for and compel the attendance of 
        witnesses within a radius of 100 miles;
            (2) administer oaths;
            (3) examine witnesses; and
            (4) require the production of books, papers, 
        documents, and other evidence.

Sec. 8127. Representation; attorneys' fees

    (a) A claimant may authorize an individual to represent him 
in any proceeding under this subchapter before the Secretary of 
Labor.
    (b) A claim for legal or other services furnished in 
respect to a case, claim, or award for compensation under this 
subchapter is valid only if approved by the Secretary.

Sec. 8128. Review of award

    (a) The Secretary of Labor may review an award for or 
against payment of compensation at any time on his own motion 
or on application. The Secretary, in accordance with the facts 
found on review, may--
            (1) end, decrease, or increase the compensation 
        previously awarded; or
            (2) award compensation previously refused or 
        discontinued.
    (b) The action of the Secretary or his designee in allowing 
or denying a payment under this subchapter is--
            (1) final and conclusive for all purposes and with 
        respect to all questions of law and fact; and
            (2) not subject to review by another official of 
        the United States or by a court by mandamus or 
        otherwise.
Credit shall be allowed in the accounts of a certifying or 
disbursing official for payment in accordance with that action.

Sec. 8129. Recovery of overpayments

    (a) When an overpayment has been made to an individual 
under this subchapter because of an error of fact or law, 
adjustment shall be made under regulations prescribed by the 
Secretary of Labor by decreasing later payments to which the 
individual is entitled. If the individual dies before the 
adjustment is completed, adjustment shall be made by decreasing 
later benefits payable under this subchapter with respect to 
the individual's death.
    (b) Adjustment or recovery by the United States may not be 
made when incorrect payment has been made to an individual who 
is without fault and when adjustment or recovery would defeat 
the purpose of this subchapter or would be against equity and 
good conscience.
    (c) A certifying or disbursing official is not liable for 
an amount certified or paid by him when--
            (1) adjustment or recovery of the amount is waived 
        under subsection (b) of this section; or
            (2) adjustment under subsection (a) of this section 
        is not completed before the death of all individuals 
        against whose benefits deductions are authorized.

Sec. 8130. Assignment of claim

    An assignment of a claim for compensation under this 
subchapter is void. Compensation and claims for compensation 
are exempt from claims of creditors.

Sec. 8131. Subrogation of the United States

    (a) If an injury or death for which compensation is payable 
under this subchapter is caused under circumstances creating a 
legal liability on a person other than the United States to pay 
damages, the Secretary of Labor may require the beneficiary 
to--
            (1) assign to the United States any right of action 
        he may have to enforce the liability or any right he 
        may have to share in money or other property received 
        in satisfaction of that liability; or
            (2) prosecute the action in his own name.
An employee required to appear as a party or witness in the 
prosecution of such an action is in an active duty status while 
so engaged.
    (b) A beneficiary who refuses to assign or prosecute an 
action in his own name when required by the Secretary is not 
entitled to compensation under this subchapter.
    (c) The Secretary may prosecute or compromise a cause of 
action assigned to the United States. When the Secretary 
realizes on the cause of action, he shall deduct therefrom and 
place to the credit of the Employees' Compensation Fund the 
amount of compensation already paid to the beneficiary and the 
expense of realization or collection. Any surplus shall be paid 
to the beneficiary and credited on future payments of 
compensation payable for the same injury. However, the 
beneficiary is entitled to not less than one-fifth of the net 
amount of a settlement or recovery remaining after the expenses 
thereof have been deducted.
    (d) If an injury or death for which compensation is payable 
under this subchapter is caused under circumstances creating a 
legal liability in the Panama Canal Company to pay damages 
under the law of a State, a territory or possession of the 
United States, the District of Columbia, or a foreign country, 
compensation is not payable until the individual entitled to 
compensation--
            (1) releases to the Panama Canal Company any right 
        of action he may have to enforce the liability of the 
        Panama Canal Company; or
            (2) assigns to the United States any right he may 
        have to share in money or other property received in 
        satisfaction of the liability of the Panama Canal 
        Company.

Sec. 8132. Adjustment after recovery from a third person

    If an injury or death for which compensation is payable 
under this subchapter is caused under circumstances creating a 
legal liability in a person other than the United States to pay 
damages, and a beneficiary entitled to compensation from the 
United States for that injury or death receives money or other 
property in satisfaction of that liability as the result of 
suit or settlement by him or in his behalf, the beneficiary, 
after deducting therefrom the costs of suit and a reasonable 
attorney's fee, shall refund to the United States the amount of 
compensation paid by the United States and credit any surplus 
on future payments of compensation payable to him for the same 
injury. No court, insurer, attorney, or other person shall pay 
or distribute to the beneficiary or his designee the proceeds 
of such suit or settlement without first satisfying or assuring 
satisfaction of the interest of the United States. The amount 
refunded to the United States shall be credited to the 
Employees' Compensation Fund. If compensation has not been paid 
to the beneficiary, he shall credit the money or property on 
compensation payable to him by the United States for the same 
injury. However, the beneficiary is entitled to retain, as a 
minimum, at least one-fifth of the net amount of the money or 
other property remaining after the expenses of a suit or 
settlement have been deducted; and in addition to this minimum 
and at the time of distribution, an amount equivalent to a 
reasonable attorney's fee proportionate to the refund to the 
United States.

Sec. 8133. Compensation in case of death

    (a) If death results from an injury sustained in the 
performance of duty, the United States shall pay a monthly 
compensation equal to a percentage of the monthly pay of the 
deceased employee in accordance with the following schedule:
            (1) To the widow or widower, if there is no child, 
        50 percent.
            (2) To the widow or widower, if there is a child, 
        45 percent and in addition 15 percent for each child 
        not to exceed a total of 75 percent for the widow or 
        widower and children.
            (3) To the children, if there is no widow or 
        widower, 40 percent for one child and 15 percent 
        additional for each additional child not to exceed a 
        total of 75 percent, divided among the children share 
        and share alike.
            (4) To the parents, if there is no widow, widower, 
        or child, as follows--
                    (A) 25 percent if one parent was wholly 
                dependent on the employee at the time of death 
                and the other was not dependent to any extent;
                    (B) 20 percent to each if both were wholly 
                dependent; or
                    (C) a proportionate amount in the 
                discretion of the Secretary of Labor if one or 
                both were partly dependent.
        If there is a widow, widower, or child, so much of the 
        percentages are payable as, when added to the total 
        percentages payable to the widow, widower, and 
        children, will not exceed a total of 75 percent.
            (5) To the brothers, sisters, grandparents, and 
        grandchildren, if there is no widow, widower, child, or 
        dependent parent, as follows--
                    (A) 20 percent if one was wholly dependent 
                on the employee at the time of death;
                    (B) 30 percent if more than one was wholly 
                dependent, divided among the dependents share 
                and share alike; or
                    (C) 10 percent if no one is wholly 
                dependent but one or more is partly dependent, 
                divided among the dependents share and share 
                alike.
        If there is a widow, widower, child, or dependent 
        parent, so much of the percentages are payable as, when 
        added to the total percentages payable to the widow, 
        widower, children, and dependent parents, will not 
        exceed a total of 75 percent.
    (b) The compensation payable under subsection (a) of this 
section is paid from the time of death until--
            (1) a widow, or widower dies or remarries before 
        reaching age 55;
            (2) a child, a brother, a sister, or a grandchild 
        dies, marries, or becomes 18 years of age, or if over 
        age 18 and incapable of self-support becomes capable of 
        self-support; or
            (3) a parent or grandparent dies, marries, or 
        ceases to be dependent.
Notwithstanding paragraph (2) of this subsection, compensation 
payable to or for a child, a brother or sister, or grandchild 
that would otherwise end because the child, brother or sister, 
or grandchild has reached 18 years of age shall continue if he 
is a student as defined by section 8101 of this title at the 
time he reaches 18 years of age for so long as he continues to 
be such a student or until he marries. A widow or widower who 
has entitlements to benefits under this title derived from more 
than one husband or wife shall elect one entitlement to be 
utilized.
    (c) On the cessation of compensation under this section to 
or on account of an individual, the compensation of the 
remaining individuals entitled to compensation for the 
unexpired part of the period during which their compensation is 
payable, is that which they would have received if they had 
been the only individuals entitled to compensation at the time 
of the death of the employee.
    (d) When there are two or more classes of individuals 
entitled to compensation under this section and the 
apportionment of compensation under this section would result 
in injustice, the Secretary may modify the apportionment to 
meet the requirements of the case.
    (e) In computing compensation under this section, the 
monthly pay is deemed not less than the minimum rate of basic 
pay for GS-2. However, the total monthly compensation may not 
exceed--
            (1) the monthly pay computed under section 8114 of 
        this title, except for increases authorized by section 
        8146a of this title; or
            (2) 75 percent of the monthly pay of the maximum 
        rate of basic pay for GS-15.
    (f) Notwithstanding any funeral and burial expenses paid 
under section 8134, there shall be paid a sum of $200 to the 
personal representative of a deceased employee within the 
meaning of section 8101(1) of this title for reimbursement of 
the costs of termination of the decedent's status as an 
employee of the United States.

Sec. 8134. Funeral expenses; transportation of body

    (a) If death results from an injury sustained in the 
performance of duty, the United States shall pay, to the 
personal representative of the deceased or otherwise, funeral 
and burial expenses not to exceed $800, in the discretion of 
the Secretary of Labor.
    (b) The body of an employee whose home is in the United 
States, in the discretion of the Secretary, may be embalmed and 
transported in a hermetically sealed casket to his home or last 
place of residence at the expense of the Employees' 
Compensation Fund if--
            (1) the employee dies from--
                    (A) the injury while away from his home or 
                official station or outside the United States; 
                or
                    (B) from other causes while away from his 
                home or official station for the purpose of 
                receiving medical or other services, 
                appliances, supplies, or examination under this 
                subchapter; and
            (2) the relatives of the employee request the 
        return of his body.
If the relatives do not request the return of the body of the 
employee, the Secretary may provide for its disposition and 
incur and pay from the Employees' Compensation Fund the 
necessary and reasonable transportation, funeral, and burial 
expenses.

Sec. 8135. Lump-sum payment

    (a) The liability of the United States for compensation to 
a beneficiary in the case of death or of permanent total or 
permanent partial disability may be discharged by a lump-sum 
payment equal to the present value of all future payments of 
compensation computed at 4 percent true discount compounded 
annually if--
            (1) the monthly payment to the beneficiary is less 
        than $50 a month;
            (2) the beneficiary is or is about to become a 
        nonresident of the United States; or
            (3) the Secretary of Labor determines that it is 
        for the best interest of the beneficiary.
The probability of the death of the beneficiary before the 
expiration of the period during which he is entitled to 
compensation shall be determined according to the most current 
United States Life Tables, as developed by the United States 
Department of Health, Education, and Welfare, which shall be 
updated from time to time, but the lump-sum payment to a widow 
or widower of the deceased employee may not exceed 60 months' 
compensation. The probability of the happening of any other 
contingency affecting the amount or duration of compensation 
shall be disregarded.
    (b) On remarriage before reaching age 55 a widow or widower 
entitled to compensation under section 8133 of this title, 
shall be paid a lump sum equal to twenty-four times the monthly 
compensation payment (excluding compensation on account of 
another individual) to which he was entitled immediately before 
the remarriage.

Sec. 8136. Initial payments outside the United States

    If an employee is injured outside the continental United 
States, the Secretary of Labor may arrange and provide for 
initial payment of compensation and initial furnishing of other 
benefits under this subchapter by an employee or agent of the 
United States designated by the Secretary for that purpose in 
the locality in which the employee was employed or the injury 
incurred.

Sec. 8137. Compensation for noncitizens and nonresidents

    (a) When the Secretary of Labor finds that the amount of 
compensation payable to an employee who is neither a citizen 
nor resident of the United States or Canada, or payable to a 
dependent of such an employee, is substantially 
disproportionate to compensation for disability or death 
payable in similar cases under local statute, regulations, 
custom, or otherwise at the place outside the continental 
United States or Canada where the employee is working at the 
time of injury, he may provide for payment of compensation on a 
basis reasonably in accord with prevailing local payments in 
similar cases by--
            (1) the adoption or adaption of the substantive 
        features, by a schedule or otherwise, of local 
        workmen's compensation provisions or other local 
        statute, regulation, or custom applicable in cases of 
        personal injury or death; or
            (2) establishing special schedules of compensation 
        for injury, death, and loss of use of members and 
        functions of the body for specific classes of 
        employees, areas, and places.
Irrespective of the basis adopted, the Secretary may at any 
time--
            (A) modify or limit the maximum monthly and total 
        aggregate payments for injury, death, and medical or 
        other benefits;
            (B) modify or limit the percentages of the wage of 
        the employee payable as compensation for the injury or 
        death; and
            (C) modify, limit, or redesignate the class or 
        classes of beneficiaries entitled to death benefits, 
        including the designation of persons, representatives, 
        or groups entitled to payment under local statute or 
        custom whether or not included in the classes of 
        beneficiaries otherwise specified by this subchapter.
    (b) In a case under this section, the Secretary or his 
designee may--
            (1) make a lump-sum award in the manner prescribed 
        by section 8135 of this title when he or his designee 
        considers it to be for the best interest of the United 
        States; and
            (2) compromise and pay a claim for benefits, 
        including a claim in which there is a dispute as to 
        jurisdiction or other fact or a question of law.
Compensation paid under this subsection is instead of all other 
compensation from the United States for the same injury or 
death, and a payment made under this subsection is deemed 
compensation under this subchapter and is satisfaction of all 
liability of the United States in respect to the particular 
injury or death.
    (c) The Secretary may delegate to an employee or agency of 
the United States, with such limitations and right of review as 
he considers advisable, authority to process, adjudicate, 
commute by lump-sum award, compromise, and pay a claim or class 
of claims for compensation, and to provide other benefits, 
locally, under this section, in accordance with such 
regulations and instructions as the Secretary considers 
necessary. For this purpose, the Secretary may provide or 
transfer funds, including reimbursement of amounts paid under 
this subchapter.
    (d) The Secretary may waive the application of this 
subchapter in whole or in part and for such period or periods 
as he may fix if he finds that--
            (1) conditions prevent the establishment of 
        facilities for processing and adjudicating claims under 
        this section; or
            (2) claimants under this section are alien enemies.
    (e) The Secretary may apply this section retrospectively 
with adjustment of compensation and benefits as he considers 
necessary and proper.

Sec. 8138. Minimum limit modification for noncitizens and aliens

    (a) Except as provided by subsection (b) of this section, 
the minimum limit on monthly compensation for disability under 
section 8112 of this title and the minimum limit on monthly pay 
on which death compensation is computed under section 8133 of 
this title do not apply in the case of a noncitizen employee, 
or a class or classes of noncitizen employees, who sustain 
injury outside the continental United States. The Secretary of 
Labor may establish a minimum monthly pay on which death 
compensation is computed in the case of a class or classes of 
such noncitizen employees.
    (b) The President may remove or modify the minimum limit on 
monthly compensation for disability under section 8112 of this 
title and the minimum limit on monthly pay on which death 
compensation is computed under section 8133 of this title in 
the case of an alien employee, or a class or classes of alien 
employees, of the Canal Zone Government or the Panama Canal 
Company.

Sec. 8139. Employees of the District of Columbia

    Compensation awarded to an employee of the government of 
the District of Columbia shall be paid in the manner provided 
by statute for the payment of the general expenses of the 
government of the District of Columbia.

Sec. 8140. Members of the Reserve Officers' Training Corps

    (a) Subject to the provisions of this section, this 
subchapter applies to a member of, or applicant for membership 
in, the Reserve Officers' Training Corps of the Army, Navy, or 
Air Force who suffers an injury, disability, or death incurred, 
or an illness contracted, in line of duty--
            (1) while engaged in a flight or in flight 
        instruction under chapter 103 of title 10; or
            (2) during the period of the member's attendance at 
        training or a practice cruise under chapter 103 of 
        title 10, United States Code, beginning when the 
        authorized travel to the training or practice cruise 
        begins and ending when authorized travel from the 
        training or practice cruise ends.
    (b) For the purpose of this section, an injury, disability, 
death, or illness of a member referred to in subsection (a) may 
be considered as incurred or contracted in line of duty only if 
the injury, disability, or death is incurred, or the illness is 
contracted, by the member during a period described in that 
subsection. Subject to review by the Secretary of Labor, the 
Secretary of the military department concerned (under 
regulations prescribed by that Secretary), shall determine 
whether an injury, disability, or death was incurred, or an 
illness was contracted, by a member in line of duty.
    (c) In computing the compensation payable under this 
section, the monthly pay received by the injured or deceased 
individual, in cash and kind, is deemed $150.
    (d) The Secretary of the military department concerned 
shall cooperate fully with the Department of Labor in the 
prompt investigation and prosecution of a case involving the 
legal liability of a third party other than the United States.
    (e) An individual may not receive disability benefits under 
this section while on active duty with the armed forces, but 
these benefits may be reinstated when the individual is 
released from that active duty.
    (f) Expenses incurred by a military department in providing 
hospitalization, medical and surgical care, necessary 
transportation incident to that hospitalization or medical and 
surgical care, or in connection with a funeral and burial on 
behalf of an individual covered by subsection (a) of this 
section shall be reimbursed by the Secretary of Labor from the 
Employees' Compensation Fund in accordance with this 
subchapter. However, reimbursement may not be made for 
hospitalization or medical or surgical care provided an 
individual by a military department in a facility of a military 
department.
    (g) For purposes of this section, the term ``applicant for 
membership'' includes a student enrolled, during a semester or 
other enrollment term, in a course which is part of Reserve 
Officers' Training Corps instruction at an educational 
institution.

Sec. 8141. Civil Air Patrol volunteers

    (a) Subject to the provisions of this section, this 
subchapter applies to a volunteer civilian member of the Civil 
Air Patrol, except a Civil Air Patrol Cadet under 18 years of 
age.
    (b) In administering this subchapter for a member of the 
Civil Air Patrol covered by this section--
            (1) the monthly pay of a member is deemed the rate 
        of basic pay payable for step 1 of grade GS-9 in the 
        General Schedule under section 5332 of this title for 
        the purpose of computing compensation for disability or 
        death;
            (2) the percentages applicable to payments under 
        section 8133 of this title are--
                    (A) 45 percent for section 8133(a)(2) of 
                this title, if the member dies fully or 
                currently insured under subchapter II of 
                chapter 7 of title 42, with no additional 
                payments for a child or children while the 
                widow or widower remains eligible for payments 
                under section 8133(a)(2) of this title;
                    (B) 20 percent for section 8133(a)(3) of 
                this title for one child and 10 percent 
                additional for each additional child, but not 
                to exceed a total of 75 percent, if the member 
                died fully or currently insured under 
                subchapter II of chapter 7 of title 42; and
                    (C) 25 percent for section 8133(a)(4) of 
                this title, if one parent was wholly dependent 
                on the deceased member at the time of his death 
                and the other was not dependent to any extent; 
                16 percent to each, if both were wholly 
                dependent; and if one was or both were partly 
                dependent, a proportionate amount in the 
                discretion of the Secretary of Labor;
            (3) a payment may not be made under section 
        8133(a)(5) of this title;
            (4) ``performance of duty'' means only active 
        service, and travel to and from that service, rendered 
        in performance or support of operational missions of 
        the Civil Air Patrol under direction of the Department 
        of the Air Force and under written authorization by 
        competent authority covering a specific assignment and 
        prescribing a time limit for the assignment; and
            (5) the Secretary of Labor or his designee shall 
        inform the Commissioner of Social Security when a claim 
        is filed and eligibility for compensation is 
        established under section 8133(a)(2) or (3) of this 
        title, and the Commissioner of Social Security shall 
        certify to the Secretary of Labor as to whether or not 
        the member concerned was fully or currently insured 
        under subchapter II of chapter 7 of title 42 at the 
        time of his death.
    (c) The Secretary of Labor or his designee may inform the 
Secretary of the Air Force or his designee when a claim is 
filed. The Secretary of the Air Force, on request of the 
Secretary of Labor, shall advise him of the facts concerning 
the injury and whether or not the member was rendering service, 
or engaged in travel to or from service, in performance or 
support of an operational mission of the Civil Air Patrol at 
the time of injury. This subsection does not dispense with the 
report of the immediate superior of the member required by 
section 8120 of this title, or other reports agreed on under 
that section.

Sec. 8142. Peace Corps volunteers

    (a) For the purpose of this section, ``volunteer'' means--
            (1) a volunteer enrolled in the Peace Corps under 
        section 2504 of title 22;
            (2) a volunteer leader enrolled in the Peace Corps 
        under section 2505 of title 22; and
            (3) an applicant for enrollment as a volunteer or 
        volunteer leader during a period of training under 
        section 2507(a) of title 22 before enrollment.
    (b) Subject to the provisions of this section, this 
subchapter applies to a volunteer, except that entitlement to 
disability compensation payments does not commence until the 
day after the date of termination of his service as a 
volunteer.
    (c) For the purpose of this subchapter--
            (1) a volunteer is deemed receiving monthly pay at 
        the minimum rate for GS-7;
            (2) a volunteer leader referred to by section 2505 
        of title 22, or a volunteer with one or more minor 
        children as defined in section 2504 of title 22, is 
        deemed receiving monthly pay at the minimum rate for 
        GS-11;
            (3) an injury suffered by a volunteer when he is 
        outside the several States and the District of Columbia 
        is deemed proximately caused by his employment, unless 
        the injury or disease is--
                    (A) caused by willful misconduct of the 
                volunteer;
                    (B) caused by the volunteer's intention to 
                bring about the injury or death of himself or 
                of another; or
                    (C) proximately caused by the intoxication 
                of the injured volunteer; and
            (4) the period of service of an individual as a 
        volunteer includes--
                    (A) any period of training under section 
                2507(a) of title 22 before enrollment as a 
                volunteer; and
                    (B) the period between enrollment as a 
                volunteer and the termination of service as a 
                volunteer by the President or by death or 
                resignation.

Sec. 8143. Job Corps enrollees; volunteers in service to America

    (a) Subject to the provisions of this subsection, this 
subchapter applies to an enrollee in the Job Corps, except that 
compensation for disability does not begin to accrue until the 
day after the date on which the injured enrollee is terminated. 
In administering this subchapter for an enrollee covered by 
this subsection--
            (1) the monthly pay of an enrollee is deemed that 
        received at the minimum rate for GS-2;
            (2) section 8113(a) of this title applies to an 
        enrollee; and
            (3) ``performance of duty'' does not include an act 
        of an enrollee while absent from his assigned post of 
        duty, except while participating in an activity 
        (including an activity while on pass or during travel 
        to or from the post of duty) authorized by or under the 
        direction and supervision of the Job Corps.
    (b) This subchapter applies to a volunteer in service to 
America who receives either a living allowance or a stipend 
under part A of subchapter VIII of chapter 34 of title 42, with 
respect to that service and training, to the same extent as 
enrollees of the Job Corps under subsection (a) of this 
section. However, for the purpose of the computation described 
in subsection (a)(1) of this section, the monthly pay of a 
volunteer is deemed that received at the minimum rate for GS-5 
of the General Schedule under section 5332 of title 5, United 
States Code.

Sec. 8143a. Members of the National Teacher Corps

    Subject to the provisions of this section, this subchapter 
applies to a member of the National Teacher Corps. In 
administering this subchapter for a member covered by this 
section--
            (1) ``performance of duty'' does not include an act 
        of a member while--
                    (A) on authorized leave; or
                    (B) absent from his assigned post of duty, 
                except while participating in an activity 
                authorized by or under the direction or 
                supervision of the Commissioner of Education; 
                and
            (2) In computing compensation for disability or 
        death, the monthly pay of a member is deemed his actual 
        pay or that received at the minimum rate for GS-6, 
        whichever is greater.

Sec. 8144. Student-employees

    A student-employee as defined by section 5351 of this title 
who suffers disability or death as a result of personal injury 
arising out of and in the course of training, or incurred in 
the performance of duties in connection with that training, is 
considered for the purpose of this subchapter an employee who 
incurred the injury in the performance of duty.

Sec. 8145. Administration

    The Secretary of Labor shall administer, and decide all 
questions arising under, this subchapter. He may--
            (1) appoint employees to administer this 
        subchapter; and
            (2) delegate to any employee of the Department of 
        Labor any of the powers conferred on him by this 
        subchapter.

Sec. 8146. Administration for the Panama Canal Commission and The 
                    Alaska Railroad

    (a) The President, from time to time, may transfer the 
administration of this subchapter--
            (1) so far as employees of the Panama Canal 
        Commission are concerned to the Commission; and
            (2) so far as employees of The Alaska Railroad are 
        concerned to the general manager of The Alaska 
        Railroad.
    (b) When administration is transferred under subsection (a) 
of this section, the expenses incident to physical examinations 
which are payable under section 8123 of this title shall be 
paid from appropriations for the Panama Canal Commission or for 
The Alaska Railroad, as the case may be, instead of from the 
Employees' Compensation Fund. The President may authorize the 
Panama Canal Commission and the general manager of The Alaska 
Railroad to pay the compensation provided by this subchapter, 
including medical, surgical, and hospital services and supplies 
under section 8103 of this title and the transportation and 
burial expenses under sections 8103 and 8134 of this title, 
from appropriations for the Panama Canal Commission and for The 
Alaska Railroad, and these appropriations shall be reimbursed 
for the payments by transfer of funds from the Employees' 
Compensation Fund.
    (c) The President may authorize the Panama Canal Commission 
to waive, at its discretion, the making of the claim required 
by section 8121 of this title in the case of compensation to an 
employee of the Panama Canal Commission for temporary 
disability, either total or partial.
    (d) When administration is transferred under subsection (a) 
of this section to the general manager of The Alaska Railroad, 
the Secretary of Labor is not divested of jurisdiction and a 
claimant is entitled to appeal from the decision of the general 
manager of The Alaska Railroad to the Secretary of Labor. The 
Secretary on receipt of an appeal shall, or on his own motion 
may, review the decision of the general manager of The Alaska 
Railroad, and in accordance with the facts found on review may 
proceed under section 8128 of this title. The Secretary shall 
provide the form and manner of taking an appeal.
    (e) The same right of appeal exists with respect to claims 
filed by employees of the Panama Canal Commission or their 
dependents in case of death, as is provided with respect to the 
claims of other employees to whom this subchapter applies, 
under section 8149 of this title. The Employees' Compensation 
Appeals Board referred to by section 8149 of this title has 
jurisdiction, under regulations prescribed by the Secretary, 
over appeals relating to claims of the employees or their 
dependents.

Sec. 8146a. Cost-of-living adjustment of compensation

    (a) Compensation payable on account of disability or death 
which occurred more than one year before March 1 of each year 
shall be annually increased on that date by the amount 
determined by the Secretary of Labor to represent the percent 
change in the price index published for December of the 
preceding year over the price index published for the December 
of the year prior to the preceding year, adjusted to the 
nearest one-tenth of 1 percent.
    (b) The regular periodic compensation payments after 
adjustment under this section shall be fixed at the nearest 
dollar. However, the regular periodic compensation after 
adjustment shall reflect an increase of at least $1.
    (c) This section shall be applicable to persons excluded by 
section 15 of the Federal Employees' Compensation Act 
Amendments of 1966 (Public Law 89-488) under the following 
statutes: Act of February 15, 1934 (48 Stat. 351); Act of June 
26, 1936 (49 Stat. 2035); Act of April 8, 1935 (49 Stat. 115); 
Act of July 25, 1942 (56 Stat. 710); Public Law 84-955 (August 
3, 1956); Public Law 77-784 (December 2, 1942); Public Law 84-
879 (August 1, 1956); Public Law 80-896 (July 3, 1948); Act of 
September 8, 1959 (73 Stat. 469). Benefit payments to these 
persons shall initially be increased by the total percentage of 
the increases in the price index from the base month of July 
1966, to the next most recent base month following the 
effective date of this subsection.

Sec. 8147. Employees' Compensation Fund

    (a) There is in the Treasury of the United States the 
Employees' Compensation Fund which consists of sums that 
Congress, from time to time, may appropriate for or transfer to 
it, and amounts that otherwise accrue to it under this 
subchapter or other statute. The Fund is available without time 
limit for the payment of compensation and other benefits and 
expenses, except administrative expenses, authorized by this 
subchapter or any extension or application thereof, except as 
otherwise provided by this subchapter or other statute. The 
Secretary of Labor shall submit annually to the Office of 
Management and Budget estimates of appropriations necessary for 
the maintenance of the Fund. For the purpose of this 
subsection, ``administrative expenses'' does not include 
expenses for legal services performed by or for the Secretary 
under sections 8131 and 8132 of this title.
    (b) Before August 15 of each year, the Secretary shall 
furnish to each agency and instrumentality of the United States 
having an employee who is or may be entitled to compensation 
benefits under this subchapter or any extension or application 
thereof a statement showing the total cost of benefits and 
other payments made from the Employees' Compensation Fund 
during the preceding July 1 through June 30 expense period on 
account of the injury or death of employees or individuals 
under the jurisdiction of the agency or instrumentality. Each 
agency and instrumentality shall include in its annual budget 
estimates for the fiscal year beginning in the next calendar 
year a request for an appropriation in an amount equal to the 
costs. Sums appropriated pursuant to the request shall be 
deposited in the Treasury to the credit of the Fund within 30 
days after they are available. An agency or instrumentality not 
dependent on an annual appropriation shall make the deposit 
required by this subsection from funds under its control during 
the first fifteen days of October following the furnishing of 
the statement. If an agency or instrumentality (or part or 
function thereof) is transferred to another agency or 
instrumentality, the cost of compensation benefits and other 
expenses paid from the Fund on account of the injury or death 
of employees of the transferred agency or instrumentality (or 
part or function) shall be included in costs of the receiving 
agency or instrumentality.
    (c) In addition to the contributions for the maintenance of 
the Employees' Compensation Fund required by this section, the 
United States Postal Service, or a mixed ownership corporation 
as defined by section 9101(2) of title 31, or any other 
corporation or agency or instrumentality (or activity thereof) 
which is required by statute to submit an annual budget 
pursuant to or as provided by chapter 91 of title 31, shall pay 
an additional amount for its fair share of the cost of 
administration of this subchapter as determined by the 
Secretary. With respect to these corporations, agencies, and 
instrumentalities, the charges billed by the Secretary under 
this section shall include an additional amount for these 
costs, which shall be paid into the Treasury as miscellaneous 
receipts from the sources authorized and in the manner 
otherwise provided by this section.

Sec. 8148. Forfeiture of benefits by convicted felons

    (a) Any individual convicted of a violation of section 1920 
of title 18, or any other Federal or State criminal statute 
relating to fraud in the application for or receipt of any 
benefit under this subchapter or subchapter III of this 
chapter, shall forfeit (as of the date of such conviction) any 
entitlement to any benefit such individual would otherwise be 
entitled to under this subchapter or subchapter III for any 
injury occurring on or before the date of such conviction. Such 
forfeiture shall be in addition to any action the Secretary may 
take under section 8106 or 8129.
    (b)(1) Notwithstanding any other provision of this chapter 
(except as provided under paragraph (3)), no benefits under 
this subchapter or subchapter III of this chapter shall be paid 
or provided to any individual during any period during which 
such individual is confined in a jail, prison, or other penal 
institution or correctional facility, pursuant to that 
individual's conviction of an offense that constituted a felony 
under applicable law.
    (2) Such individual shall not be entitled to receive the 
benefits forfeited during the period of incarceration under 
paragraph (1), after such period of incarceration ends.
    (3) If an individual has one or more dependents as defined 
under section 8110(a), the Secretary of Labor may, during the 
period of incarceration, pay to such dependents a percentage of 
the benefits that would have been payable to such individual 
computed according to the percentages set forth in section 
8133(a) (1) through (5).
    (c) Notwithstanding the provision of section 552a of this 
title, or any other provision of Federal or State law, any 
agency of the United States Government or of any State (or 
political subdivision thereof) shall make available to the 
Secretary of Labor, upon written request, the names and Social 
Security account numbers of individuals who are confined in a 
jail, prison, or other penal institution or correctional 
facility under the jurisdiction of such agency, pursuant to 
such individuals' conviction of an offense that constituted a 
felony under applicable law, which the Secretary of Labor may 
require to carry out the provisions of this section.

Sec. 8149. Regulations

    The Secretary of Labor may prescribe rules and regulations 
necessary for the administration and enforcement of this 
subchapter including rules and regulations for the conduct of 
hearings under section 8124 of this title. The rules and 
regulations shall provide for an Employee's Compensation 
Appeals Board of three individuals designated or appointed by 
the Secretary with authority to hear and, subject to applicable 
law and the rules and regulations of the Secretary, make final 
decisions on appeals taken from determinations and awards with 
respect to claims of employees. In adjudicating claims under 
section 8146 of this title, the Secretary may determine the 
nature and extent of the proof and evidence required to 
establish the right to benefits under this subchapter without 
regard to the date of injury or death for which claim is made.

Sec. 8150. Effect on other statutes

    (a) This subchapter does not affect the maritime rights and 
remedies of a master or member of the crew of a vessel.
    (b) Section 8141 of this title and section 9441 of title 10 
do not confer military or veteran status on any individual.

Sec. 8151. Civil service retention rights

    (a) In the event the individual resumes employment with the 
Federal Government, the entire time during which the employee 
was receiving compensation under this chapter shall be credited 
to the employee for the purposes of within-grade step 
increases, retention purposes, and other rights and benefits 
based upon length of service.
    (b) Under regulations issued by the Office of Personnel 
Management--
            (1) the department or agency which was the last 
        employer shall immediately and unconditionally accord 
        the employee, if the injury or disability has been 
        overcome within one year after the date of commencement 
        of compensation or from the time compensable disability 
        recurs if the recurrence begins after the injured 
        employee resumes regular full-time employment with the 
        United States, the right to resume his former or an 
        equivalent position, as well as all other attendant 
        rights which the employee would have had, or acquired, 
        in his former position had he not been injured or 
        disabled, including the rights to tenure, promotion, 
        and safeguards in reductions-in-force procedures, and
            (2) the department or agency which was the last 
        employer shall, if the injury or disability is overcome 
        within a period of more than one year after the date of 
        commencement of compensation, make all reasonable 
        efforts to place, and accord priority to placing, the 
        employee in his former or equivalent position within 
        such department or agency, or within any other 
        department or agency.

Sec. 8152. Annual report

    The Secretary of Labor shall, at the end of each fiscal 
year, prepare a report with respect to the administration of 
this chapter. Such report shall be submitted to Congress in 
accordance with the requirement with respect to submission 
under section 42 of the Longshore Harbor Workers' Compensation 
Act (33 U.S.C. 942).


   SUBCHAPTER II--EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

Sec. 8171. Compensation for work injuries; generally

    (a) The Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 901 et seq.) applies with respect to disability or death 
resulting from injury, as defined by section 2(2) of such Act 
(33 U.S.C. 902(2)), occurring to an employee of a 
nonappropriated fund instrumentality described by section 
2105(c) of this title, or to a volunteer providing such an 
instrumentality with services accepted under section 1588 of 
title 10, who is--
            (1) a United States citizen or a permanent resident 
        of the United States or a territory or possession of 
        the United States employed outside the continental 
        United States; or
            (2) employed inside the continental United States.
However, that part of section 3(a) of such Act (33 U.S.C. 
903(a)) which follows the second comma does not apply to such 
an employee.
    (b) For the purpose of this subchapter, the term 
``employer'' in section 2(4) of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 902(4)) includes the 
nonappropriated fund instrumentalities described by section 
2105(c) of this title.
    (c) The Secretary of Labor may--
            (1) extend compensation districts established under 
        section 39(b) of the Longshore and Harbor Workers' 
        Compensation Act (33 U.S.C. 939(b)), or establish new 
        districts to include the areas outside the continental 
        United States; and
            (2) assign to each district one or more deputy 
        commissioners as the Secretary considers advisable.
    (d) Judicial proceedings under sections 18 and 21 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 918 
and 921) with respect to an injury or death occurring outside 
the continental United States shall be instituted in the 
district court within the territorial jurisdiction of which is 
located the office of the deputy commissioner having 
jurisdiction with respect to the injury or death.

Sec. 8172. Employees not citizens or residents of the United States

    In case of disability or death, resulting from injury, as 
defined by section 2(2) of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 902(2)), occurring to an employee 
of a nonappropriated fund instrumentality described by section 
2105(c) of this title who is--
            (1) not a citizen or permanent resident of the 
        United States or a territory or possession of the 
        United States; and
            (2) employed outside the continental United States;
compensation shall be provided in accordance with regulations 
prescribed by the Secretary of the military department 
concerned and approved by the Secretary of Defense or 
regulations prescribed by the Secretary of Transportation, as 
the case may be.

Sec. 8173. Liability under this subchapter exclusive

    The liability of the United States or of a nonappropriated 
fund instrumentality described by section 2105(c) of this 
title, with respect to the disability or death resulting from 
injury, as defined by section 2(2) of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 902(2)), of an employee 
referred to by sections 8171 and 8172 of this title, shall be 
determined as provided by this subchapter. This liability is 
exclusive and instead of all other liability of the United 
States or the instrumentality to the employee, his legal 
representative, spouse, dependents, next of kin, and any other 
person otherwise entitled to recover damages from the United 
States or the instrumentality because of the disability or 
death in a direct judicial proceeding, in a civil action, or in 
admiralty, or by an administrative or judicial proceeding under 
a workmen's compensation statute or under a Federal tort 
liability statute.


  SUBCHAPTER III--LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED 
                                 STATES

Sec. 8191. Determination of eligibility

    The benefits of this subchapter are available as provided 
in this subchapter to eligible law enforcement officers 
(referred to in this subchapter as ``eligible officers'') and 
their survivors. For the purposes of this subchapter, an 
eligible officer is any person who is determined by the 
Secretary of Labor in his discretion to have been on any given 
occasion--
            (1) a law enforcement officer and to have been 
        engaged on that occasion in the apprehension or 
        attempted apprehension of any person--
                    (A) for the commission of a crime against 
                the United States, or
                    (B) who at that time was sought by a law 
                enforcement authority of the United States for 
                the commission of a crime against the United 
                States, or
                    (C) who at that time was sought as a 
                material witness in a criminal proceeding 
                instituted by the United States; or
            (2) a law enforcement officer and to have been 
        engaged on that occasion in protecting or guarding a 
        person held for the commission of a crime against the 
        United States or as a material witness in connection 
        with such a crime; or
            (3) a law enforcement officer and to have been 
        engaged on that occasion in the lawful prevention of, 
        or lawful attempt to prevent, the commission of a crime 
        against the United States;
and to have been on that occasion not an employee as defined in 
section 8101(1), and to have sustained on that occasion a 
personal injury for which the United States would be required 
under subchapter I of this chapter to pay compensation if he 
had been on that occasion such an employee engaged in the 
performance of his duty. No person otherwise eligible to 
receive a benefit under this subchapter because of the 
disability or death of an eligible officer shall be barred from 
the receipt of such benefit because the person apprehended or 
attempted to be apprehended by such officer was then sought for 
the commission of a crime against a sovereignty other than the 
United States.

Sec. 8192. Benefits

    (a) Benefits in Event of Injury.--The Secretary of Labor 
shall furnish to any eligible officer the benefits to which he 
would have been entitled under subchapter I of this chapter if, 
on the occasion giving rise to his eligibility, he had been an 
employee as defined in section 8101(1) engaged in the 
performance of his duty, reduced or adjusted as the Secretary 
of Labor in his discretion may deem appropriate to reflect 
comparable benefits, if any, received by the officer (or which 
he would have been entitled to receive but for this subchapter) 
by virtue of his actual employment on that occasion. When an 
enforcement officer has contributed to a disability 
compensation fund, the reduction of Federal benefits provided 
for in this subsection is to be limited to the amount of the 
State or local government benefits which bears the same 
proportion to the full amount of such benefits as the cost or 
contribution paid by the State or local government bears to the 
cost of disability coverage for the individual officer.
    (b) Benefits in Event of Death.--The Secretary of Labor 
shall pay to any survivor of an eligible officer the 
difference, as determined by the Secretary in his discretion, 
between the benefits to which that survivor would be entitled 
if the officer had been an employee as defined in section 
8101(1) engaged in the performance of his duty on the occasion 
giving rise to his eligibility, and the comparable benefits, if 
any, received by the survivor (or which that survivor would 
have been entitled to receive but for this subchapter) by 
virtue of the officer's actual employment on that occasion. 
When an enforcement officer has contributed to a survivor's 
benefit fund, the reduction of Federal benefits provided for in 
this subsection is to be limited to the amount of the State or 
local government benefits which bears the same proportion to 
the full amount of such benefits as the cost or contribution 
paid by the State or local government bears to the cost of 
survivor's benefits coverage for the individual officer.

Sec. 8193. Administration

    (a) Definitions and Rules of Construction.--For the purpose 
of this subchapter--
            (1) The term ``Attorney General'' includes any 
        person to whom the Attorney General has delegated any 
        function pursuant to subsection (b) of this section.
            (2) The term ``Secretary of Labor'' includes any 
        person to whom the Secretary of Labor has delegated any 
        function pursuant to subsection (b) of this section.
    (b) Delegation.--
            (1) The Attorney General may delegate to any 
        division, officer, or employee of the Department of 
        Justice any function conferred upon the Attorney 
        General by this subchapter.
            (2) The Secretary of Labor may delegate to any 
        bureau, officer, or employee of the Department of Labor 
        any function conferred upon the Secretary of Labor by 
        this subchapter.
    (c) Applications.--An application for any benefit under 
this subchapter may be made only--
            (1) to the Secretary of Labor
            (2) by
                    (A) any eligible officer or survivor of an 
                eligible officer,
                    (B) any guardian, personal representative, 
                or other person legally authorized to act on 
                behalf of an eligible officer, his estate, or 
                any of his survivors, or
                    (C) any association of law enforcement 
                officers which is acting on behalf of an 
                eligible officer or any of his survivors;
            (3) within five years after the injury or death; 
        and
            (4) in such form as the Secretary of Labor may 
        require.
    (d) Consultation with Attorney General and Other 
Agencies.--The Secretary of Labor may refer any application 
received by him pursuant to this subchapter to the Attorney 
General for his assistance, comments and advice as to any 
determination required to be made pursuant to paragraph (1), 
(2), or (3) of section 8191. To insure that all Federal 
assistance under this subchapter is carried out in a 
coordinated manner, the Secretary of Labor is authorized to 
request any Federal department or agency to supply any 
statistics, data, or any other materials he deems necessary to 
carry out his functions under this subchapter. Each such 
department or agency is authorized to cooperate with the 
Secretary of Labor and, to the extent permitted by law, to 
furnish such materials to him.
    (e) Cooperation with State Agencies.--The Secretary of 
Labor shall cooperate fully with the appropriate State and 
local officials, and shall take all other practicable measures, 
to assure that the benefits of this subchapter are made 
available to eligible officers and their survivors with a 
minimum of delay and difficulty.
    (f) Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
subchapter.


                         CHAPTER 83--RETIREMENT

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
8301.    Uniform retirement date.

         SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY

8311.    Definitions.
8312.    Conviction of certain offenses.
8313.    Absence from the United States to avoid prosecution.
8314.    Refusal to testify.
8315.    Falsifying employment applications.
8316.    Refund of contributions and deposits.
8317.    Repayment of annuity or retired pay properly paid; waiver.
8318.    Restoration of annuity or retired pay.
8319.    Removal of members of the uniformed services from rolls; 
          restoration; reappointment.
8320.    Offense or violation committed in compliance with orders.
8321.    Liability of accountable employees.
8322.    Effect on other statutes.

                SUBCHAPTER III--CIVIL SERVICE RETIREMENT

8331.    Definitions.
8332.    Creditable service.
8333.    Eligibility for annuity.
8334.    Deductions, contributions, and deposits.
8335.    Mandatory separation.
8336.    Immediate retirement.
8337.    Disability retirement.
8338.    Deferred retirement.
8339.    Computation of annuity.
8340.    Cost-of-living adjustment of annuities.
8341.    Survivor annuities.
8342.    Lump-sum benefits; designation of beneficiary; order of 
          precedence.
8343.    Additional annuities; voluntary contributions.
8343a.   Alternative forms of annuities.
8344.    Annuities and pay on reemployment.
8345.    Payment of benefits; commencement, termination, and waiver of 
          annuity.
8346.    Exemption from legal process; recovery of payments.
8347.    Administration; regulations.
8348.    Civil Service Retirement and Disability Fund.
8349.    Offset relating to certain benefits under the Social Security 
          Act.
8350.    Retirement counseling.
8351.    Participation in the Thrift Savings Plan.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 8301. Uniform retirement date

    (a) Except as otherwise specifically provided by this title 
or other statute, retirement authorized by statute is effective 
on the first day of the month following the month in which 
retirement would otherwise be effective.
    (b) Notwithstanding subsection (a) of this section, the 
rate of active or retired pay or allowance is computed as of 
the date retirement would have occurred but for subsection (a) 
of this section.

         SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY

Sec. 8311. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means--
                    (A) an employee as defined by section 2105 
                of this title;
                    (B) a Member of Congress as defined by 
                section 2106 of this title and a Delegate to 
                Congress;
                    (C) a member or former member of a 
                uniformed service; and
                    (D) an individual employed by the 
                government of the District of Columbia;
            (2) ``annuity'' means a retirement benefit, 
        including a disability insurance benefit and a 
        dependent's or survivor's benefit under subchapter II 
        of chapter 7 of title 42, and a monthly annuity under 
        section 228b or 228e of title 45, payable by an agency 
        of the Government of the United States or the 
        government of the District of Columbia on the basis of 
        service as a civilian employee and other service which 
        is creditable to an employee toward the benefit under 
        the statute, regulation, or agreement which provides 
        the benefit, but does not include--
                    (A) a benefit provided under statutes 
                administered by the Department of Veterans 
                Affairs;
                    (B) pay or compensation which may not be 
                diminished under section 1 of Article III of 
                the Constitution of the United States;
                    (C) that portion of a benefit payable under 
                subchapter II of chapter 7 of title 42 which 
                would be payable without taking into account, 
                for any of the purposes of that subchapter, 
                including determinations of periods of 
                disability under section 416(i) of title 42, 
                pay for services as an employee;
                    (D) monthly annuity awarded under section 
                228b or 228e of title 45 before September 26, 
                1961, whether or not computed under section 
                228c(e) of title 45;
                    (E) that portion of an annuity awarded 
                under section 228b or 228e of title 45 after 
                September 25, 1961, which would be payable 
                without taking into account military service 
                creditable under section 228c-1 of title 45;
                    (F) a retirement benefit, including a 
                disability insurance benefit and a dependent's 
                or survivor's benefit under subchapter II of 
                chapter 7 of title 42, awarded before September 
                1, 1954, to an individual or his survivor or 
                beneficiary, insofar as the individual, before 
                September 1, 1954--
                            (i) was convicted of an offense 
                        named by subsection (b) of section 8312 
                        of this title, to the extent provided 
                        by that subsection; or
                            (ii) violated section 8314 or 
                        8315(a)(1) of this title; or
                    (G) a retirement benefit, including a 
                disability insurance benefit and a dependent's 
                or survivor's benefit under subchapter II of 
                chapter 7 of title 42, awarded before September 
                26, 1961, to an individual or his survivor or 
                beneficiary, insofar as the individual, before 
                September 26, 1961--
                            (i) was convicted of an offense 
                        named by subsection (c) of section 8312 
                        of this title, to the extent provided 
                        by that subsection; or
                            (ii) violated section 8315(a)(2) of 
                        this title; and
            (3) ``retired pay'' means retired pay, retirement 
        pay, retainer pay, or equivalent pay, payable under a 
        statute to a member or former member of a uniformed 
        service, and an annuity payable to an eligible 
        beneficiary of the member or former member under 
        chapter 73 of title 10 or section 5 of the Uniformed 
        Services Contingency Option Act of 1953 (67 Stat. 504), 
        but does not include--
                    (A) a benefit provided under statutes 
                administered by the Department of Veterans 
                Affairs;
                    (B) retired pay, retirement pay, retainer 
                pay, or equivalent pay, awarded before 
                September 1, 1954, to an individual, insofar as 
                the individual, before September 1, 1954--
                            (i) was convicted of an offense 
                        named by subsection (b) of section 8312 
                        of this title, to the extent provided 
                        by that subsection; or
                            (ii) violated section 8314 or 
                        8315(a)(1) of this title;
                    (C) retired pay, retirement pay, retainer 
                pay, or equivalent pay, awarded before 
                September 26, 1961, to an individual, insofar 
                as the individual, before September 26, 1961--
                            (i) was convicted of an offense 
                        named by subsection (c) of section 8312 
                        of this title, to the extent provided 
                        by that subsection; or
                            (ii) violated section 8315(a)(2) of 
                        this title; or
                    (D) an annuity payable to an eligible 
                beneficiary of an individual under chapter 73 
                of title 10 or section 5 of the Uniformed 
                Services Contingency Option Act of 1953 (67 
                Stat. 504), if the annuity was awarded to the 
                beneficiary, or if retired pay was awarded to 
                the individual, before September 26, 1961, 
                insofar as the individual, on the basis of 
                whose service the annuity was awarded, before 
                September 26, 1961--
                            (i) was convicted of an offense 
                        named by section 8312 of this title, to 
                        the extent provided by that section; or
                            (ii) violated section 8314 or 8315 
                        of this title.

Sec. 8312. Conviction of certain offenses

    (a) An individual, or his survivor or beneficiary, may not 
be paid annuity or retired pay on the basis of the service of 
the individual which is creditable toward the annuity or 
retired pay, subject to the exceptions in section 8311(2) and 
(3) of this title, if the individual--
            (1) was convicted, before, on, or after September 
        1, 1954, of an offense named by subsection (b) of this 
        section, to the extent provided by that subsection; or
            (2) was convicted, before, on, or after September 
        26, 1961, of an offense named by subsection (c) of this 
        section, to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies--
            (A) with respect to the offenses named by 
        subsection (b) of this section, to the period after the 
        date of the conviction or after September 1, 1954, 
        whichever is later; and
            (B) with respect to the offenses named by 
        subsection (c) of this section, to the period after the 
        date of conviction or after September 26, 1961, 
        whichever is later.
    (b) The following are the offenses to which subsection (a) 
of this section applies if the individual was convicted before, 
on, or after September 1, 1954:
            (1) An offense within the purview of--
                    (A) section 792 (harboring or concealing 
                persons), 793 (gathering, transmitting, or 
                losing defense information), 794 (gathering or 
                delivering defense information to aid foreign 
                government), or 798 (disclosure of classified 
                information), of chapter 37 (relating to 
                espionage and censorship) of title 18;
                    (B) chapter 105 (relating to sabotage) of 
                title 18;
                    (C) section 2381 (treason), 2382 
                (misprision of treason), 2383 (rebellion or 
                insurrection), 2384 (seditious conspiracy), 
                2385 (advocating overthrow of government), 2387 
                (activities affecting armed forces generally), 
                2388 (activities affecting armed forces during 
                war), 2389 (recruiting for service against 
                United States), or 2390 (enlistment to serve 
                against United States), of chapter 115 
                (relating to treason, sedition, and subversive 
                activities) of title 18;
                    (D) section 10(b)(2), (3), or (4) of the 
                Atomic Energy Act of 1946 (60 Stat. 766, 767), 
                as in effect August 30, 1954;
                    (E) section 16(a) or (b) of the Atomic 
                Energy Act of 1946 (60 Stat. 773), as in effect 
                before August 30, 1954, insofar as the offense 
                is committed with intent to injure the United 
                States or with intent to secure an advantage to 
                a foreign nation; or
                    (F) an earlier statute on which a statute 
                named by subparagraph (A), (B), or (C) of this 
                paragraph (1) is based.
            (2) An offense within the purview of--
                    (A) article 104 (aiding the enemy), article 
                106 (spies), or article 106a (espionage) of the 
                Uniform Code of Military Justice (chapter 47 of 
                title 10) or an earlier article on which 
                article 104 or article 106, as the case may be, 
                is based; or
                    (B) a current article of the Uniform Code 
                of Military Justice (or an earlier article on 
                which the current article is based) not named 
                by subparagraph (A) of this paragraph (2) on 
                the basis of charges and specifications 
                describing a violation of a statute named by 
                paragraph (1), (3), or (4) of this subsection, 
                if the executed sentence includes death, 
                dishonorable discharge, or dismissal from the 
                service, or if the defendant dies before 
                execution of that sentence as finally approved.
            (3) Perjury committed under the statutes of the 
        United States or the District of Columbia--
                    (A) in falsely denying the commission of an 
                act which constitutes an offense within the 
                purview of--
                            (i) a statute named by paragraph 
                        (1) of this subsection; or
                            (ii) an article or statute named by 
                        paragraph (2) of this subsection 
                        insofar as the offense is within the 
                        purview of an article or statute named 
                        by paragraph (1) or (2) (A) of this 
                        subsection;
                    (B) in falsely testifying before a Federal 
                grand jury, court of the United States, or 
                court-martial with respect to his service as an 
                employee in connection with a matter involving 
                or relating to an interference with or 
                endangerment of, or involving or relating to a 
                plan or attempt to interfere with or endanger, 
                the national security or defense of the United 
                States; or
                    (C) in falsely testifying before a 
                congressional committee in connection with a 
                matter under inquiry before the congressional 
                committee involving or relating to an 
                interference with or endangerment of, or 
                involving or relating Mexico to a plan or 
                attempt to interfere with or endanger, the 
                national security or defense of the United 
                States.
            (4) Subornation of perjury committed in connection 
        with the false denial or false testimony of another 
        individual as specified by paragraph (3) of this 
        subsection.
    (c) The following are the offenses to which subsection (a) 
of this section applies if the individual was convicted before, 
on, or after September 26, 1961:
            (1) An offense within the purview of--
                    (A) section 2272 (violation of specific 
                sections) or 2273 (violation of sections 
                generally of chapter 23 of title 42) of title 
                42 insofar as the offense is committed with 
                intent to injure the United States or with 
                intent to secure an advantage to a foreign 
                nation;
                    (B) section 2274 (communication of 
                restricted data), 2275 (receipt of restricted 
                data), or 2276 (tampering with restricted data) 
                of title 42; or
                    (C) section 783 (conspiracy and 
                communication or receipt of classified 
                information) of title 50 or section 601 of the 
                National Security Act of 1947 (50 U.S.C. 421) 
                (relating to intelligence identities).
            (2) An offense within the purview of a current 
        article of the Uniform Code of Military Justice 
        (chapter 47 of title 10) or an earlier article on which 
        the current article is based, as the case may be, on 
        the basis of charges and specifications describing a 
        violation of a statute named by paragraph (1), (3), or 
        (4) of this subsection, if the executed sentence 
        includes death, dishonorable discharge, or dismissal 
        from the service, or if the defendant dies before 
        execution of that sentence as finally approved.
            (3) Perjury committed under the statutes of the 
        United States or the District of Columbia in falsely 
        denying the commission of an act which constitutes an 
        offense within the purview of a statute named by 
        paragraph (1) of this subsection.
            (4) Subornation of perjury committed in connection 
        with the false denial of another individual as 
        specified by paragraph (3) of this subsection.
    (d)(1) For purposes of subsections (b)(1) and (c)(1), an 
offense within the meaning of such subsections is established 
if the Attorney General of the United States certifies to the 
agency administering the annuity or retired pay concerned--
            (A) that an individual subject to this chapter has 
        been convicted by an impartial court of appropriate 
        jurisdiction within a foreign country in circumstances 
        in which the conduct violates the provisions of law 
        enumerated in subsections (b)(1) and (c)(1), or would 
        violate such provisions had such conduct taken place 
        within the United States, and that such conviction is 
        not being appealed or that final action has been taken 
        on such appeal;
            (B) that such conviction was obtained in accordance 
        with procedures that provided the defendant due process 
        rights comparable to such rights provided by the United 
        States Constitution, and such conviction was based upon 
        evidence which would have been admissible in the courts 
        of the United States; and
            (C) that such conviction occurred after the date of 
        enactment of this subsection.
    (2) Any certification made pursuant to this subsection 
shall be subject to review by the United States Court of Claims 
based upon the application of the individual concerned, or his 
or her attorney, alleging that any of the conditions set forth 
in subparagraphs (A), (B), or (C) of paragraph (1), as 
certified by the Attorney General, have not been satisfied in 
his or her particular circumstances. Should the court determine 
that any of these conditions has not been satisfied in such 
case, the court shall order any annuity or retirement benefit 
to which the person concerned is entitled to be restored and 
shall order that any payments which may have been previously 
denied or withheld to be paid by the department or agency 
concerned.

Sec. 8313. Absence from the United States to avoid prosecution

    (a) An individual, or his survivor or beneficiary, may not 
be paid annuity or retired pay on the basis of the service of 
the individual which is creditable toward the annuity or 
retired pay, subject to the exceptions in section 8311(2) and 
(3) of this title, if the individual--
            (1) is under indictment, or has outstanding against 
        him charges preferred under the Uniform Code of 
        Military Justice--
                    (A) after July 31, 1956, for an offense 
                named by section 8312(b) of this title; or
                    (B) after September 26, 1961, for an 
                offense named by section 8312(c) of this title; 
                and
            (2) willfully remains outside the United States, or 
        its territories and possessions including the 
        Commonwealth of Puerto Rico, for more than 1 year with 
        knowledge of the indictment or charges, as the case may 
        be.
    (b) The prohibition on payment of annuity or retired pay 
under subsection (a) of this section applies to the period 
after the end of the 1-year period and continues until--
            (1) a nolle prosequi to the entire indictment is 
        entered on the record or the charges are dismissed by 
        competent authority;
            (2) the individual returns and thereafter the 
        indictment or charges is or are dismissed; or
            (3) after trial by court or court-martial, the 
        accused is found not guilty of the offense or offenses.

Sec. 8314. Refusal to testify

    (a) An individual, or his survivor or beneficiary, may not 
be paid annuity or retired pay on the basis of the service of 
the individual which is creditable toward the annuity or 
retired pay, subject to the exceptions in section 8311(2) and 
(3) of this title, if the individual, before, on, or after 
September 1, 1954, refused or refuses, or knowingly and 
willfully failed or fails, to appear, testify, or produce a 
book, paper, record, or other document, relating to his service 
as an employee, before a Federal grand jury, court of the 
United States, court-martial, or congressional committee, in a 
proceeding concerning--
            (1) his past or present relationship with a foreign 
        government; or
            (2) a matter involving or relating to an 
        interference with or endangerment of, or involving or 
        relating to a plan or attempt to interfere with or 
        endanger, the national security or defense of the 
        United States.
    (b) The prohibition on payment of annuity or retired pay 
under subsection (a) of this section applies to the period 
after the date of the failure or refusal of the individual, or 
after September 1, 1954, whichever is later.

Sec. 8315. Falsifying employment applications

    (a) An individual, or his survivor or beneficiary, may not 
be paid annuity or retired pay on the basis of the service of 
the individual which is creditable toward the annuity or 
retired pay, subject to the exceptions in section 8311(2) and 
(3) of this title, if the individual knowingly and willfully 
made or makes a false, fictitious, or fraudulent statement or 
representation, or knowingly and willfully concealed or 
conceals a material fact--
            (1) before, on, or after September 1, 1954, 
        concerning his--
                    (A) past or present membership in, 
                affiliation or association with, or support of 
                the Communist Party, or a chapter, branch, or 
                subdivision thereof, in or outside the United 
                States, or other organization, party, or group 
                advocating--
                            (i) the overthrow, by force, 
                        violence, or other unconstitutional 
                        means, of the Government of the United 
                        States;
                            (ii) the establishment, by force, 
                        violence, or other unconstitutional 
                        means, of a Communist totalitarian 
                        dictatorship in the United States; or
                            (iii) the right to strike against 
                        the United States;
                    (B) conviction of an offense named by 
                subsection (b) of section 8312 of this title, 
                to the extent provided by that subsection; or
                    (C) failure or refusal to appear, testify, 
                or produce a book, paper, record, or other 
                document, as specified by section 8314 of this 
                title; or
            (2) before, on, or after September 26, 1961, 
        concerning his conviction of an offense named by 
        subsection (c) of section 8312 of this title, to the 
        extent provided by that subsection;
in a document executed by the individual in connection with his 
employment in, or application for, a civilian or military 
office or position in or under the legislative, executive, or 
judicial branch of the Government of the United States or the 
government of the District of Columbia.
    (b) The prohibition on the payment of annuity or retired 
pay applies--
            (1) with respect to matters specified by subsection 
        (a)(1) of this section, to the period after the 
        statement, representation, or concealment of fact is 
        made or occurs, or after September 1, 1954, whichever 
        is later; and
            (2) with respect to matters specified by subsection 
        (a)(2) of this section, to the period after the 
        statement, representation, or concealment of fact is 
        made or occurs, or after September 26, 1961, whichever 
        is later.

Sec. 8316. Refund of contributions and deposits

    (a) When payment of annuity or retired pay is denied under 
this subchapter because an individual was convicted of an 
offense named by section 8312 of this title, to the extent 
provided by that section, or violated section 8314 or 8315 of 
this title--
            (1) the amount, except employment taxes, 
        contributed by the individual toward the annuity, less 
        the amount previously refunded or paid as annuity 
        benefits; and
            (2) deposits made under section 1438 of title 10 or 
        section 5 of the Uniformed Services Contingency Option 
        Act of 1953 (67 Stat. 504) to provide the eligible 
        beneficiary with annuity for any period, less the 
        amount previously paid as retired pay benefits;
shall be refunded, on appropriate application therefor--
            (A) to the individual;
            (B) if the individual is dead, to the beneficiary 
        designated to receive refunds by or under the statute, 
        regulation, or agreement under which the annuity, the 
        benefits of which are denied under this subchapter, 
        would have been payable; or
            (C) if a beneficiary is not designated, in the 
        order of precedence prescribed by section 8342(c) of 
        this title or section 2771 of title 10, as the case may 
        be.
    (b) A refund under subsection (a) of this section shall be 
made with interest at the rate and for the period provided 
under the statute, regulation, or agreement under which the 
annuity would have been payable. However, interest may not be 
computed--
            (1) if the individual was convicted of an offense 
        named by section 8312(b) of this title, or violated 
        section 8314 or 8315(a)(1) of this title, for the 
        period after the conviction or commission of the 
        violation, or after September 1, 1954, whichever is 
        later; or
            (2) if the individual was convicted of an offense 
        named by section 8312(c) of this title, or violated 
        section 8315(a)(2) of this title, for the period after 
        the conviction or commission of the violation, or after 
        September 26, 1961, whichever is later.

Sec. 8317. Repayment of annuity or retired pay properly paid; waiver

    (a) An individual, or his survivor or beneficiary, to whom 
payment of annuity is denied under this subchapter is not 
thereafter required to repay that part of the annuity otherwise 
properly paid to the individual, or to his survivor or 
beneficiary on the basis of the service of the individual, 
which is in excess of the aggregate amount of the contributions 
of the individual toward the annuity, with applicable interest.
    (b) An individual, including an eligible beneficiary under 
chapter 73 of title 10 or section 5 of the Uniformed Services 
Contingency Option Act of 1953 (67 Stat. 504), to whom payment 
of retired pay is denied under this subchapter is not 
thereafter required to repay retired pay otherwise properly 
paid to the individual or beneficiary which is paid in 
violation of this subchapter.

Sec. 8318. Restoration of annuity or retired pay

    (a) If an individual who was convicted, before, on, or 
after September 1, 1954, of--
            (1) an offense named by section 8312 of this title; 
        or
            (2) an offense constituting a violation of section 
        8314 or 8315 of this title;
is pardoned by the President, the right of the individual and 
his survivor or beneficiary to receive annuity or retired pay 
previously denied under this subchapter is restored as of the 
date of the pardon.
    (b) The President may restore, effective as of the date he 
prescribes, the right to receive annuity or retired pay which 
is denied, before, on, or after September 1, 1954, under 
section 8314 or 8315 of this title, to the individual and to 
his survivor or beneficiary.
    (c) Payment of annuity or retired pay which results from 
pardon or restoration by the President under subsection (a) or 
(b) of this section may not be made for a period before--
            (1) the date of pardon referred to by subsection 
        (a) of this section; or
            (2) the effective date of restoration referred to 
        by subsection (b) of this section.
    (d) Credit for a period of service covered by a refund 
under section 8316 of this title is allowed only after the 
amount refunded has been redeposited.
    (e) The spouse of an individual whose annuity or retired 
pay is forfeited under section 8312 or 8313 after the date of 
enactment of this subsection shall be eligible for spousal 
pension benefits if the Attorney General of the United States 
determines that the spouse fully cooperated with Federal 
authorities in the conduct of a criminal investigation and 
subsequent prosecution of the individual which resulted in such 
forfeiture.

Sec. 8319. Removal of members of the uniformed services from rolls; 
                    restoration; reappointment

    (a) The President may drop from the rolls a member of a 
uniformed service who is deprived of retired pay under this 
subchapter.
    (b) The President may restore--
            (1) military status to an individual dropped from 
        the rolls to whom retired pay is restored under this 
        subchapter or under section 2 of the Act of September 
        26, 1961 (75 Stat. 648); and
            (2) all rights and privileges to the individual and 
        his beneficiaries of which he or they were deprived 
        because his name was dropped from the rolls.
    (c) If the individual restored was a commissioned officer, 
the President alone may reappoint him to the grade and position 
on the retired list held when his name was dropped from the 
rolls.

Sec. 8320. Offense or violation committed in compliance with orders

    When it is established by satisfactory evidence that an 
individual--
            (1) was convicted of an offense named by section 
        8312 of this title; or
            (2) violated section 8314 or 8315 of this title;
as a result of proper compliance with orders issued, in a 
confidential relationship, by an agency or other authority of 
the Government of the United States or the government of the 
District of Columbia, the right to receive annuity or retired 
pay may not be denied.

Sec. 8321. Liability of accountable employees

    An accountable employee may not be held responsible for a 
payment made in violation of this subchapter when the payment 
made is in due course and without fraud, collusion, or gross 
negligence.

Sec. 8322. Effect on other statutes

    This subchapter does not restrict authority under a 
statute, other than this subchapter, to deny or withhold 
benefits authorized by statute.


                SUBCHAPTER III--CIVIL SERVICE RETIREMENT

Sec. 8331. Definitions

    For the purpose of this subchapter--
            (1) ``employee'' means--
                    (A) an employee as defined by section 2105 
                of this title;
                    (B) the Architect of the Capitol, an 
                employee of the Architect of the Capitol, and 
                an employee of the Botanic Garden;
                    (C) a Congressional employee as defined by 
                section 2107 of this title (other than the 
                Architect of the Capitol, an employee of the 
                Architect of the Capitol, and an employee of 
                the Botanic Garden), after he gives notice in 
                writing to the official by whom he is paid of 
                his desire to become subject to this 
                subchapter;
                    (D) a temporary Congressional employee 
                appointed at an annual rate of pay, after he 
                gives notice in writing to the official by whom 
                he is paid of his desire to become subject to 
                this subchapter;
                    (E) a United States Commissioner whose 
                total pay for services performed as 
                Commissioner is not less than $3,000 in each of 
                the last 3 consecutive calendar years ending 
                after December 31, 1954;
                    (F) an individual employed by a county 
                committee established under section 590h(b) of 
                title 16;
                    (G) an individual first employed by the 
                government of the District of Columbia before 
                October 1, 1987;
                    (H) an individual employed by Gallaudet 
                College;
                    (I) an individual appointed to a position 
                on the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838);
                    (J) an alien (i) who was previously 
                employed by the Government, (ii) who is 
                employed full time by a foreign government for 
                the purpose of protecting or furthering the 
                interests of the United States during an 
                interruption of diplomatic or consular 
                relations, and (iii) for whose services 
                reimbursement is made to the foreign government 
                by the United States;
                    (K) an individual appointed to a position 
                on the office staff of a former President, or a 
                former Vice President under section 4 of the 
                Presidential Transition Act of 1963, as amended 
                (78 Stat. 153), who immediately before the date 
                of such appointment was an employee as defined 
                under any other subparagraph of this paragraph; 
                and
                    (L) an employee described in section 
                2105(c) who has made an election under section 
                8347(q)(1) to remain covered under this 
                subchapter;
            but does not include--
                    (i) a justice or judge of the United States 
                as defined by section 451 of title 28;
                    (ii) an employee subject to another 
                retirement system for Government employees 
                (besides any employee excluded by clause (x), 
                but including any employee who has made an 
                election under section 8347(q)(2) to remain 
                covered by a retirement system established for 
                employees described in section 2105(c));
                    (iii) an employee or group of employees in 
                or under an Executive agency excluded by the 
                Office of Personnel Management under section 
                8347(g) of this title;
                    (iv) an individual or group of individuals 
                employed by the government of the District of 
                Columbia excluded by the Office under section 
                8347(h) of this title;
                    (v) an employee of the Administrative 
                Office of the United States Courts, the Federal 
                Judicial Center, or a court named by section 
                610 of title 28, excluded by the Director of 
                the Administrative Office under section 8347(o) 
                of this title;
                    (vi) a construction employee or other 
                temporary, part-time, or intermittent employee 
                of the Tennessee Valley Authority;
                    (vii) an employee under the Office of the 
                Architect of the Capitol excluded by the 
                Architect of the Capitol under section 8347(i) 
                of this title;
                    (viii) an employee under the Library of 
                Congress excluded by the Librarian of Congress 
                under section 8347(j) of this title;
                    (ix) a student-employee as defined by 
                section 5351 of this title;
                    (x) an employee subject to the Federal 
                Employees' Retirement System;
                    (xi) an employee under the Botanic Garden 
                excluded by the Director or Acting Director of 
                the Botanic Garden under section 8347(l) of 
                this title; or
                    (xii) a member of the Foreign Service (as 
                described in section 103(6) of the Foreign 
                Service Act of 1980), appointed after December 
                31, 1987.
        Notwithstanding this paragraph, the employment of a 
        teacher in the recess period between two school years 
        in a position other than a teaching position in which 
        he served immediately before the recess period does not 
        qualify the individual as an employee for the purpose 
        of this subchapter. For the purpose of the preceding 
        sentence, ``teacher'' and ``teaching position'' have 
        the meanings given them by section 901 of title 20;
            (2) ``Member'' means a Member of Congress as 
        defined by section 2106 of this title, after he gives 
        notice in writing to the official by whom he is paid of 
        his desire to become subject to this subchapter, but 
        does not include any such Member of Congress who is 
        subject to the Federal Employees' Retirement System or 
        who makes an election under section 8401(20) of this 
        title not to be subject to such System;
            (3) ``basic pay'' includes--
                    (A) the amount a Member received from April 
                1, 1954, to February 28, 1955, as expense 
                allowance under section 601(b) of the 
                Legislative Reorganization Act of 1946 (60 
                Stat. 850), as amended; and that amount from 
                January 3, 1953, to March 31, 1954, if deposit 
                is made therefor as provided by section 8334 of 
                this title;
                    (B) additional pay provided by--
                            (i) subsection (a) of section 60e-7 
                        of title 2 and the provisions of law 
                        referred to by that subsection; and
                            (ii) sections 60e-8, 60e-9, 60e-10, 
                        60e-11, 60e-12, 60e-13, and 60e-14 of 
                        title 2;
                    (C) premium pay under section 5545(c)(1) of 
                this title;
                    (D) with respect to a law enforcement 
                officer, premium pay under section 5545(c)(2) 
                of this title;
                    (E) with respect to a criminal 
                investigator, availability pay under section 
                5545a of this title;
                    (F) pay as provided in section 5545b (b)(2) 
                and (c)(2);
                    (G) with respect to a customs officer 
                (referred to in subsection (e)(1) of section 5 
                of the Act of February 13, 1911), compensation 
                for overtime inspectional services provided for 
                under subsection (a) of such section 5, but not 
                to exceed 50 percent of any statutory maximum 
                in overtime pay for customs officers which is 
                in effect for the year involved; and
                    (H) any amount received under section 5948 
                (relating to physicians comparability 
                allowances);
        but does not include bonuses, allowances, overtime pay, 
        military pay, pay given in addition to the base pay of 
        the position as fixed by law or regulation except as 
        provided by subparagraphs (B) through (H) of this 
        paragraph, retroactive pay under section 5344 of this 
        title in the case of a retired or deceased employee, 
        uniform allowances under section 5901 of this title, or 
        lump-sum leave payments under subchapter VI of chapter 
        55 of this title. For an employee paid on a fee basis, 
        the maximum amount of basic pay which may be used is 
        $10,000;
            (4) ``average pay'' means the largest annual rate 
        resulting from averaging an employee's or Member's 
        rates of basic pay in effect over any 3 consecutive 
        years of creditable service or, in the case of an 
        annuity under subsection (d) or (e)(1) of section 8341 
        of this title based on service of less than 3 years, 
        over the total service, with each rate weighted by the 
        time it was in effect;
            (5) ``Fund'' means the Civil Service Retirement and 
        Disability Fund;
            [(6) Repealed. Pub. L. 96-499, title IV, 
        Sec. 403(b), Dec. 5, 1980, 94 Stat. 2606.]
            (7) ``Government'' means the Government of the 
        United States, the government of the District of 
        Columbia, Gallaudet University, and, in the case of an 
        employee described in paragraph (1)(L), a 
        nonappropriated fund instrumentality of the Department 
        of Defense or the Coast Guard described in section 
        2105(c);
            (8) ``lump-sum credit'' means the unrefunded amount 
        consisting of--
                    (A) retirement deductions made from the 
                basic pay of an employee or Member;
                    (B) amounts deposited by an employee or 
                Member covering earlier service, including any 
                amounts deposited under section 8334(j) of this 
                title; and
                    (C) interest on the deductions and deposits 
                at 4 percent a year to December 31, 1947, and 3 
                percent a year thereafter compounded annually 
                to December 31, 1956, or, in the case of an 
                employee or Member separated or transferred to 
                a position in which he does not continue 
                subject to this subchapter before he has 
                completed 5 years of civilian service, to the 
                date of the separation or transfer;
        but does not include interest--
                    (i) if the service covered thereby 
                aggregates 1 year or less; or
                    (ii) for the fractional part of a month in 
                the total service;
            (9) ``annuitant'' means a former employee or Member 
        who, on the basis of his service meets all requirements 
        of this subchapter for title to annuity and files claim 
        therefor;
            (10) ``survivor'' means an individual entitled to 
        annuity under this subchapter based on the service of a 
        deceased employee, Member, or annuitant;
            (11) ``survivor annuitant'' means a survivor who 
        files claim for annuity;
            (12) ``service'' means employment creditable under 
        section 8332 of this title;
            (13) ``military service'' means honorable active 
        service--
                    (A) in the armed forces;
                    (B) in the Regular or Reserve Corps of the 
                Public Health Service after June 30, 1960; or
                    (C) as a commissioned officer of the 
                Environmental Science Services Administration 
                after June 30, 1961;
        but does not include service in the National Guard 
        except when ordered to active duty in the service of 
        the United States or full-time National Guard duty (as 
        such term is defined in section 101(d) of title 10) if 
        such service interrupts creditable civilian service 
        under this subchapter and is followed by reemployment 
        in accordance with chapter 43 of title 38 that occurs 
        on or after August 1, 1990;
            (14) ``member service'' means service as a Member 
        and includes the period from the date of the beginning 
        of the term for which elected or appointed to the date 
        on which he takes office as a Member;
            (15) ``price index'' means the Consumer Price Index 
        (all items--United States city average) published 
        monthly by the Bureau of Labor Statistics;
            (16) ``base month'' means the month for which the 
        price index showed a percent rise forming the basis for 
        a cost-of-living annuity increase;
            (17) ``normal cost'' means the entry-age normal 
        cost computed by the Office of Personnel Management in 
        accordance with generally accepted actuarial practice 
        and expressed as a level percentage of aggregate basic 
        pay;
            (18) ``Fund balance'' means the sum of--
                    (A) the investments of the Fund calculated 
                at par value; and
                    (B) the cash balance of the Fund on the 
                books of the Treasury;
        but does not include any amount attributable to--
                    (i) the Federal Employees' Retirement 
                System; or
                    (ii) contributions made under the Federal 
                Employees' Retirement Contribution Temporary 
                Adjustment Act of 1983 by or on behalf of any 
                individual who became subject to the Federal 
                Employees' Retirement System;
            (19) ``unfunded liability'' means the estimated 
        excess of the present value of all benefits payable 
        from the Fund to employees and Members, and former 
        employees and Members, subject to this subchapter, and 
        to their survivors, over the sum of--
                    (A) the present value of deductions to be 
                withheld from the future basic pay of employees 
                and Members currently subject to this 
                subchapter and of future agency contributions 
                to be made in their behalf; plus
                    (B) the present value of Government 
                payments to the Fund under section 8348(f) of 
                this title; plus
                    (C) the Fund balance as of the date the 
                unfunded liability is determined;
            (20) ``law enforcement officer'' means an employee, 
        the duties of whose position are primarily the 
        investigation, apprehension, or detention of 
        individuals suspected or convicted of offenses against 
        the criminal laws of the United States, including an 
        employee engaged in this activity who is transferred to 
        a supervisory or administrative position. For the 
        purpose of this paragraph, ``detention'' includes the 
        duties of--
                    (A) employees of the Bureau of Prisons and 
                Federal Prison Industries, Incorporated;
                    (B) employees of the Public Health Service 
                assigned to the field service of the Bureau of 
                Prisons or of the Federal Prison Industries, 
                Incorporated;
                    (C) employees in the field service at Army 
                or Navy disciplinary barracks or at confinement 
                and rehabilitation facilities operated by any 
                of the armed forces; and
                    (D) employees of the Department of 
                Corrections of the District of Columbia, its 
                industries and utilities;
        whose duties in connection with individuals in 
        detention suspected or convicted of offenses against 
        the criminal laws of the United States or of the 
        District of Columbia or offenses against the punitive 
        articles of the Uniformed Code of Military Justice 
        (chapter 47 of title 10) require frequent (as 
        determined by the appropriate administrative authority 
        with the concurrence of the Office) direct contact with 
        these individuals in their detention, direction, 
        supervision, inspection, training, employment, care, 
        transportation, or rehabilitation;
            (21) ``firefighter'' means an employee, the duties 
        of whose position are primarily to perform work 
        directly connected with the control and extinguishment 
        of fires or the maintenance and use of firefighting 
        apparatus and equipment, including an employee engaged 
        in this activity who is transferred to a supervisory or 
        administrative position;
            (22) ``bankruptcy judge'' means an individual--
                    (A) who is appointed under section 34 of 
                the Bankruptcy Act (11 U.S.C. 62) or under 
                section 404(d) of the Act of November 6, 1978 
                (Public Law 95-598; 92 Stat. 2549), and--
                            (i) who is serving as a United 
                        States bankruptcy judge on March 31, 
                        1984; or
                            (ii) whose service as a United 
                        States bankruptcy judge at any time in 
                        the period beginning on October 1, 
                        1979, and ending on July 10, 1984, is 
                        terminated by reason of death or 
                        disability; or
                    (B) who is appointed as a bankruptcy judge 
                under section 152 of title 28;
            (23) ``former spouse'' means a former spouse of an 
        individual--
                    (A) if such individual performed at least 
                18 months of civilian service covered under 
                this subchapter as an employee or Member, and
                    (B) if the former spouse was married to 
                such individual for at least 9 months;
            (24) ``Indian court'' means an Indian court as 
        defined by section 201(3) of the Act entitled ``An Act 
        to prescribe penalties for certain acts of violence or 
        intimidation, and for other purposes'', approved April 
        11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77);
            (25) ``magistrate'' or ``United States magistrate'' 
        means an individual appointed under section 631 of 
        title 28;
            (26) ``Claims Court judge'' means a judge of the 
        United States Claims court who is appointed under 
        chapter 7 of title 28 or who has served under section 
        167 of the Federal Courts Improvement Act of 1982;
            (27) ``Nuclear materials courier''--
                    (A) means an employee of the Department of 
                Energy, the duties of whose position are 
                primarily to transport, and provide armed 
                escort and protection during transit of, 
                nuclear weapons, nuclear weapon components, 
                strategic quantities of special nuclear 
                materials or other materials related to 
                national security; and
                    (B) includes an employee who is transferred 
                directly to a supervisory or administrative 
                position within the same Department of Energy 
                organization, after performing duties referred 
                to in subparagraph (A) for at least 3 years; 
                and
            (28) ``Government physician'' has the meaning given 
        that term under section 5948.

Sec. 8332. Creditable service

    (a) The total service of an employee or Member is the full 
years and twelfth parts thereof, excluding from the aggregate 
the fractional part of a month, if any.
    (b) The service of an employee shall be credited from the 
date of original employment to the date of separation on which 
title to annuity is based in the civilian service of the 
Government. Except as provided in paragraph (13) of this 
subsection, credit may not be allowed for a period of 
separation from the service in excess of 3 calendar days. The 
service includes--
            (1) employment as a substitute in the postal field 
        service;
            (2) service in the Pan American Sanitary Bureau;
            (3) subject to sections 8334(c) and 8339(i) of this 
        title, service performed before July 10, 1960, as an 
        employee of a county committee established under 
        section 590h(b) of title 16 or of a committee or an 
        association of producers described by section 610(b) of 
        title 7;
            (4) service as a student-employee as defined by 
        section 5351 of this title only if he later becomes 
        subject to this subchapter;
            (5) a period of satisfactory service of a volunteer 
        or volunteer leader under chapter 34 of title 22 only 
        if he later becomes subject to this subchapter;
            (6) employment under section 709 of title 32 or any 
        prior corresponding provision of law;
            (7) a period of service of a volunteer under part A 
        of title VIII of the Economic Opportunity Act of 1964, 
        or a period of service of a full-time volunteer 
        enrolled in a program of at least one year's duration 
        under part A, B, or C of title I of the Domestic 
        Volunteer Service Act of 1973 only if he later becomes 
        subject to this subchapter;
            (8) subject to sections 8334(c) and 8339(i) of this 
        title, service performed after February 18, 1929, and 
        before noon on January 3, 1971, as a United States 
        Capitol Guide;
            (9) subject to sections 8334(c) and 8339(i) of this 
        title, service as a substitute teacher for the 
        government of the District of Columbia after July 1, 
        1955, if such service is not credited for benefits 
        under any other retirement system established by a law 
        of the United States;
            (10) periods of imprisonment of a foreign national 
        for which compensation is provided under section 410 of 
        the Foreign Service Act of 1980, if the individual (A) 
        was subject to this subchapter during employment with 
        the Government last preceding imprisonment, or (B) is 
        qualified for an annuity under this subchapter on the 
        basis of other service of the individual;
            (11) subject to sections 8334(c) and 8339(i) of 
        this title, service in any capacity of at least 130 
        days (or its equivalent) per calendar year performed 
        after July 1, 1946, for the National Committee for a 
        Free Europe; Free Europe Committee, Incorporated; Free 
        Europe, Incorporated; Radio Liberation Committee; Radio 
        Liberty Committee; subdivisions of any of those 
        organizations; Radio Free Europe/Radio Liberty, 
        Incorporated; Radio Free Asia; the Asia Foundation; or 
        the Armed Forces Network, Europe (AFN-E), but only if 
        such service is not credited for benefits under any 
        other retirement system which is established for such 
        entities and funded in whole or in part by the 
        Government and only if the individual later becomes 
        subject to this subchapter;
            (12) service as a justice or judge of the United 
        States, as defined by section 451 of title 28, and 
        service as a judge of a court created by Act of 
        Congress in a territory which is invested with any 
        jurisdiction of a district court of the United States, 
        but no credit shall be allowed for such service if the 
        employee is entitled to a salary or an annuity under 
        section 371, 372, or 373 of title 28;
            (13) subject to sections 8334(c) and 8339(i) of 
        this title, service performed on or after December 6, 
        1967, and before the effective date of this paragraph 
        as an employee of the House Beauty Shop, only if he 
        serves as such an employee for a period of at least 
        five years after such effective date;
            (14) one year of service to be credited for each 
        year in which a Native of the Pribilof Islands performs 
        service in the taking and curing of fur seal skins and 
        other activities in connection with the administration 
        of the Pribilof Islands, notwithstanding any period of 
        separation from the service, and regardless of whether 
        the Native who performs the service retires before, on, 
        or after the effective date of this paragraph;
            (15) subject to sections 8334(c) and 8339(i) of 
        this title, service performed on or after January 3, 
        1969, and before January 4, 1973, as the Washington 
        Representative for Guam or the Washington 
        Representative for the Virgin Islands, only if the 
        individual serves as a Member for a period of at least 
        five years after January 2, 1973; and
            (16) service performed by any individual as an 
        employee described in section 2105(c) of this title 
        after June 18, 1952, and before January 1, 1966, if (A) 
        such service involved conducting an arts and crafts, 
        drama, music, library, service club, youth activities, 
        sports, or recreation program (including any outdoor 
        recreation program) for personnel of the armed forces, 
        and (B) such individual is an employee subject to this 
        subchapter on the day before the date of the enactment 
        of the Nonappropriated Fund Instrumentalities 
        Employees' Retirement Credit Act of 1986.
The Office of Personnel Management shall accept the 
certification of the Secretary of Agriculture or his designee 
concerning service for the purpose of this subchapter of the 
type performed by an employee named by paragraph (3) of this 
subsection. The Office of Personnel Management shall accept the 
certification of the Secretary of Commerce or his designee 
concerning service for the purpose of this subchapter of the 
type performed by an employee named by paragraph (14) of this 
subsection. The Office of Personnel Management shall accept the 
certification of the Capitol Guide Board concerning service for 
the purpose of this subchapter of the type described in 
paragraph (8) of this subsection and performed by an employee. 
The Office of Personnel Management shall accept the 
certification of the Chief Administrative Officer of the House 
of Representatives concerning service for the purpose of this 
subchapter of the type described in paragraph (13) of this 
subsection. For the purpose of paragraph (5) of this 
subsection--
            (A) a volunteer and a volunteer leader are deemed 
        receiving pay during their service at the respective 
        rates of readjustment allowances payable under sections 
        2504(c) and 2505(1) of title 22; and
            (B) the period of an individual's service as a 
        volunteer or volunteer leader under chapter 34 of title 
        22 is the period between enrollment as a volunteer or 
        volunteer leader and the termination of that service by 
        the President or by death or resignation.
The Office of Personnel Management shall accept the 
certification of the Executive Director of the Board for 
International Broadcasting, and the Secretary of State with 
respect to the Asia Foundation and the Secretary of Defense 
with respect to the Armed Forces Network, Europe (AFN-E), 
concerning services for the purposes of this subchapter of the 
type described in paragraph (11) of this subsection. For the 
purpose of this subchapter, service of the type described in 
paragraph (15) of this subsection shall be considered Member 
service. The Office of Personnel Management shall accept, for 
the purposes of this subchapter, the certification of the head 
of a nonappropriated fund instrumentality of the United States 
concerning service of the type described in paragraph (16) of 
this subsection which was performed for such appropriated fund 
instrumentality.
    (c)(1) Except as provided in paragraphs (2) and (4) of this 
subsection and subsection (d) of this section--
            (A) the service of an individual who first becomes 
        an employee or Member before October 1, 1982, shall 
        include credit for each period of military service 
        performed before the date of the separation on which 
        the entitlement to an annuity under this subchapter is 
        based, subject to section 8332(j) of this title; and
            (B) the service of an individual who first becomes 
        an employee or Member on or after October 1, 1982, 
        shall include credit for--
                    (i) each period of military service 
                performed before January 1, 1957, and
                    (ii) each period of military service 
                performed after December 31, 1956, and before 
                the separation on which the entitlement to 
                annuity under this subchapter is based, only if 
                a deposit (with interest, if any) is made with 
                respect to that period, as provided in section 
                8334(j) of this title.
    (2) If an employee or Member is awarded retired pay based 
on any period of military service, the service of the employee 
or Member may not include credit for such period of military 
service unless the retired pay is awarded--
            (A) based on a service-connected disability--
                    (i) incurred in combat with an enemy of the 
                United States; or
                    (ii) caused by an instrumentality of war 
                and incurred in line of duty during a period of 
                war as defined by section 301 of title 38; or
            (B) under chapter 1223 of title 10 (or under 
        chapter 67 of that title as in effect before the 
        effective date of the Reserve Officer Personnel 
        Management Act).
    (3)(A) Notwithstanding paragraph (2) of this subsection, 
for purposes of computing a survivor annuity for a survivor of 
an employee or Member--
            (i) who was awarded retired pay based on any period 
        of military service, and
            (ii) whose death occurs before separation from the 
        service,
creditable service of the deceased employee or Member shall 
include each period of military service includable under 
subparagraph (A) or (B) of paragraph (1) of this subsection, as 
applicable. In carrying out this subparagraph, any amount 
deposited under section 8334(h) of this title shall be taken 
into account.
    (B) A survivor annuity computed based on an amount which, 
under authority of subparagraph (A), takes into consideration 
any period of military service shall be reduced by the amount 
of any survivor's benefits--
            (i) payable to a survivor (other than a child) 
        under a retirement system for members of the uniformed 
        services;
            (ii) if, or to the extent that, such benefits are 
        based on such period of military service.
    (C) The Office of Personnel Management shall prescribe 
regulations to carry out this paragraph, including regulations 
under which--
            (i) a survivor may elect not to be covered by this 
        paragraph; and
            (ii) this paragraph shall be carried out in any 
        case which involves a former spouse.
    (4) If, after January 1, 1997, an employee or Member waives 
retired pay that is subject to a court order for which there 
has been effective service on the Secretary concerned for 
purposes of section 1408 of title 10, the military service on 
which the retired pay is based may be credited as service for 
purposes of this subchapter only if the employee or Member 
authorizes the Director to deduct and withhold from the annuity 
payable to the employee or Member under this subchapter an 
amount equal to the amount that, if the annuity payment was 
instead a payment of the employee's or Member's retired pay, 
would have been deducted and withheld and paid to the former 
spouse covered by the court order under such section 1408. The 
amount deducted and withheld under this paragraph shall be paid 
to that former spouse. The period of civil service employment 
by the employee or Member shall not be taken into consideration 
in determining the amount of the deductions and withholding or 
the amount of the payment to the former spouse. The Director of 
the Office of Personnel Management shall prescribe regulations 
to carry out this paragraph.
    (d) For the purpose of section 8339(c)(1) of this title, a 
Member--
            (1) shall be allowed credit only for periods of 
        military service not exceeding 5 years, plus military 
        service performed by the Member on leaving his office, 
        for the purpose of performing military service, during 
        a war or national emergency proclaimed by the President 
        or declared by Congress and before his final separation 
        from service as Member; and
            (2) may not receive credit for military service for 
        which credit is allowed for purpose of retired pay 
        under other statute.
    (e) This subchapter does not affect the right of an 
employee or Member to retired pay, pension, or compensation in 
addition to an annuity payable under this subchapter.
    (f) Credit shall be allowed for leaves of absence without 
pay granted an employee while performing military service or 
while receiving benefits under subchapter I of chapter 81 of 
this title. An employee or former employee who returns to duty 
after a period of separation is deemed, for the purpose of this 
subsection, to have been in a leave of absence without pay for 
that part of the period in which he was receiving benefits 
under subchapter I of chapter 81 of this title or any earlier 
statute on which such subchapter is based. Except for a 
substitute in the postal field service, and service described 
in paragraph (14) of subsection (b) of this section, credit may 
not be allowed for so much of other leaves of absence without 
pay as exceeds 6 months in the aggregate in a calendar year.
    (g) An employee who during the period of a war, or of a 
national emergency as proclaimed by the President or declared 
by Congress, leaves his position to enter the military service 
is deemed, for the purpose of this subchapter, as not separated 
from his civilian position because of that military service, 
unless he applies for and receives a lump-sum credit under this 
subchapter. However, the employee is deemed as not retaining 
his civilian position after December 31, 1956, or after the 
expiration of 5 years of that military service, whichever is 
later.
    (h) An employee who--
            (1) has at least 5 years' Member service; and
            (2) serves as a Member at any time after August 2, 
        1946;
may not be allowed credit for service which is used in the 
computation of an annuity under section 8339(c) of this title.
    (i) An individual who qualifies as an employee under 
section 8331(1)(E) of this title is entitled to credit for his 
service as a United States Commissioner, which is not credited 
for the purpose of this subchapter for service performed by him 
in a capacity other than Commissioner, on the basis of--
            (1) 1/313 of a year for each day on which he 
        performed service as a Commissioner before July 1, 
        1945; and
            (2) 1/260 of a year for each day on which he 
        performed service as a Commissioner after June 30, 
        1945.
Credit for service performed as Commissioner may not exceed 313 
days in a year before July 1, 1945, or 260 days in a year after 
June 30, 1945. For the purpose of this subchapter, the 
employment and pay of a Commissioner is deemed on a daily basis 
when actually employed.
    (j)(1) Notwithstanding any other provision of this section, 
military service, except military service covered by military 
leave with pay from a civilian position, performed by an 
individual after December 1956, the period of an individual's 
services as a volunteer under part A of title VIII of the 
Economic Opportunity Act of 1964, the period of an individual's 
service as a full-time volunteer enrolled in a program of at 
least 1 year's duration under part A, B, or C of title I of the 
Domestic Volunteer Service Act of 1973, and the period of an 
individual's service as a volunteer or volunteer leader under 
chapter 34 of title 22, shall be excluded in determining the 
aggregate period of service on which an annuity payable under 
this subchapter to the individual or to his spouse, former 
spouse or child is based, if the individual, spouse, former 
spouse, or child is entitled, or would on proper application be 
entitled, at the time of that determination, to monthly old-age 
or survivors benefits under section 402 of title 42 based on 
the individual's wages and self-employment income. If the 
military service or service as a volunteer under part A of 
title VIII of the Economic Opportunity Act of 1964, as a full-
time volunteer enrolled in a program of at least 1 year's 
duration under part A, B, or C of title I of the Domestic 
Volunteer Service Act of 1973, or as a volunteer or volunteer 
leader under chapter 34 of title 22 is not excluded by the 
preceding sentence, but on becoming 62 years of age, the 
individual or widow becomes entitled, or would on proper 
application be entitled, to the described benefits, the Office 
of Personnel Management shall redetermine the aggregate period 
of service on which the annuity is based, effective as of the 
first day of the month in which he or she becomes 62 years of 
age, so as to exclude that service. The Secretary of Health, 
Education, and Welfare, on request of the Office, shall inform 
the Office whether or not the individual, spouse, former 
spouse, or child is entitled at any named time to the described 
benefits. For the purpose of this subsection, the period of an 
individual's service as a volunteer or volunteer leader, under 
chapter 34 of title 22 is the period between enrollment as a 
volunteer or volunteer leader and termination of that service 
by the President or by death or resignation and the period of 
an individual's service as a volunteer under part A of title 
VIII of the Economic Opportunity Act of 1964 or under part A, 
B, or C of title I of the Domestic Volunteer Service Act of 
1973 is the period between enrollment as a volunteer and 
termination of that service by the Director of the Office of 
Economic Opportunity or the Chief Executive Officer of the 
Corporation for National and Community Service,\1\ as 
appropriate, or by death or resignation.
---------------------------------------------------------------------------
    \1\ Subclause (II) of section 371(a)(1)(A)(iii) of P.L. 103-82 
inserted ``or the Chief Executive Officer of the Corporation for 
National and Community Service, as appropriate,'' after ``Director of 
the Office of Economic Opportunity''. The inserted text probably should 
have been ``or the Director of ACTION, as appropriate,''. Section 
405(b) of P.L. 103-82 amended subsection (j)(1) (as amended by section 
371(a)(1)(A)(iii)(II) of P.L. 103-82) by striking ``the Director of 
ACTION'' and inserting ``the Chief Executive Officer of the Corporation 
for National and Community Service''. This amendment could not be 
executed because the text proposed to be struck does not appear. 
Section 406(b) of P.L. 103-82 provides that the amendments made by 
sections 404 and 405 shall take effect on the effective date of section 
203(c)(2). Subsection (d)(1) of section 203 is as follows:
    (d) Effective Date.--
---------------------------------------------------------------------------

          (1) In general.--Except as provided in paragraph (2), this 
        section, and the amendments made by this section, shall take 
        effect--

                  (A) 18 months after the date of enactment [March 21, 
                1995] of this Act; or
                  (B) on such earlier date as the President shall 
                determine to be appropriate and announce by 
                proclamation published in the Federal Register.
    (2) The provisions of paragraph (1) of this subsection 
relating to credit for military service shall not apply to--
            (A) any period of military service of an employee 
        or Member with respect to which the employee or Member 
        has made a deposit with interest, if any, under section 
        8334(j) of this title; or
            (B) the service of any employee or Member described 
        in section 8332(c)(1)(B) of this title.
    (3) The provisions of paragraph (1) relating to credit for 
service as a volunteer or volunteer leader under the Economic 
Opportunity Act of 1964, part A, B, or C of title I of the 
Domestic Volunteer Service Act of 1973, or the Peace Corps Act 
shall not apply to any period of service as a volunteer or 
volunteer leader of an employee or Member with respect to which 
the employee or Member has made the deposit with interest, if 
any, required by section 8334(l).
    (k)(1) An employee who enters on approved leave without pay 
to serve as a full-time officer or employee of an organization 
composed primarily of employees as defined by section 8331(1) 
of this title, within 60 days after entering on that leave 
without pay, may file with his employing agency an election to 
receive full retirement credit for his periods of that leave 
without pay and arrange to pay currently into the Fund, through 
his employing agency, amounts equal to the retirement 
deductions and agency contributions that would be applicable if 
he were in pay status. If the election and all payments 
provided by this paragraph are not made, the employee may not 
receive credit for the periods of leave without pay occurring 
after July 17, 1966, notwithstanding the third sentence of 
subsection (f) of this section. For the purpose of the 
preceding sentence, ``employee'' includes an employee who was 
on approved leave without pay and serving as a full-time 
officer or employee of such an organization on July 18, 1966, 
and who filed a similar election before September 17, 1966.
    (2) An employee may deposit with interest an amount equal 
to retirement deductions representing any period or periods of 
approved leave without pay while serving, before July 18, 1966, 
as a full-time officer or employee of an organization composed 
primarily of employees as defined by section 8331(1) of this 
title. An employee who makes the deposit shall be allowed full 
retirement credit for the period or periods of leave without 
pay. If the employee dies, a survivor as defined by section 
8331(10) of this title may make the deposit. If the deposit is 
not made in full, retirement credit shall be allowed in 
accordance with the second sentence of subsection (f) of this 
section.
    (l)(1) Any employee or Member who--
            (A) is of Japanese ancestry; and
            (B) while a citizen of the United States or an 
        alien lawfully admitted to the United States for 
        permanent residence, was interned or otherwise detained 
        at any time during World War II in any camp, 
        installation, or other facility in the United States, 
        or in any territory or possession of the United States, 
        under any policy or program of the United States 
        respecting individuals of Japanese ancestry which was 
        established during World War II in the interests of 
        national security pursuant to--
                    (i) Executive Order Numbered 9066, dated 
                February 19, 1942;
                    (ii) section 67 of the Act entitled ``An 
                Act to provide a government for the Territory 
                of Hawaii'', approved April 30, 1900 (chapter 
                339, Fifty-sixth Congress; 31 Stat. 153);
                    (iii) Executive Order Numbered 9489, dated 
                October 18, 1944;
                    (iv) sections 4067 through 4070 of the 
                Revised Statutes of the United States; or
                    (v) any other statute, rules, regulation, 
                or order; or
            (C) is of Aleut ancestry and while a citizen of the 
        United States was interned or otherwise detained in, or 
        relocated to any camp, installation, or other facility 
        in the Territory of Alaska which was established during 
        World War II for the purpose of the internment, 
        detention, or relocation of Aleuts pursuant to any 
        statute, rule, regulation, or order;
shall be allowed credit (as civilian service) for any period 
during which such employee or Member was so interned or 
otherwise detained after such employee became 18 years of age.
    (2) For the purpose of this subsection, ``World War II'' 
means the period beginning on December 7, 1941, and ending on 
December 31, 1946.
    (m)(1) Upon application to the Office of Personnel 
Management, any individual who is an employee on the date of 
the enactment of this subsection, and who has on such date or 
thereafter acquires 5 years or more of creditable civilian 
service under this section (exclusive of service for which 
credit is allowed under this subsection) shall be allowed 
credit (as service as a Congressional employee) for service 
before the date of the enactment of this subsection while 
employed by the Democratic Senatorial Campaign Committee, the 
Republican Senatorial Campaign Committee, the Democratic 
National Congressional Committee, or the Republican National 
Congressional Committee, if--
            (A) such employee has at least 4 years and 6 months 
        of service on such committees as of December 12, 1980; 
        and
            (B) such employee makes a deposit to the Fund in an 
        amount equal to the amount which would be required 
        under section 8334(c) of this title if such service 
        were service as a Congressional employee.
    (2) Upon application to the Office of Personnel Management, 
any individual who was an employee on the date of enactment of 
this paragraph, and who has on such date or thereafter acquires 
5 years or more of creditable civilian service under this 
section (exclusive of service for which credit is allowed under 
this subsection) shall be allowed credit (as service as a 
congressional employee) for service before December 31, 1990, 
while employed by the Democratic Senatorial Campaign Committee, 
the Republican Senatorial Campaign Committee, the Democratic 
National Congressional Committee, or the Republican National 
Congressional Committee, if--
            (A) such employee has at least 4 years and 6 months 
        of service on such committees as of December 31, 1990; 
        and
            (B) such employee makes a deposit to the Fund in an 
        amount equal to the amount which would be required 
        under section 8334(c) if such service were service as a 
        congressional employee.
    (3) The Office shall accept the certification of the 
President of the Senate (or his designee) or the Speaker of the 
House (or his designee), as the case may be, concerning the 
service of, and the amount of compensation received by, an 
employee with respect to which credit is to be sought under 
this subsection.
    (4) An individual receiving credit for service for any 
period under this subsection shall not be granted credit for 
such service under the provisions of the Social Security Act.
    (n) Any employee who--
            (1) served in a position in which the employee was 
        excluded from coverage under this subchapter because 
        the employee was covered under a retirement system 
        established under section 10 of the Federal Reserve 
        Act; and
            (2) transferred without a break in service to a 
        position to which the employee was appointed by the 
        President, with the advice and consent of the Senate, 
        and in which position the employee is subject to this 
        subchapter,
shall be treated for all purposes of this subchapter as if any 
service that would have been creditable under the retirement 
system established under section 10 of the Federal Reserve Act 
was service performed while subject to this subchapter if any 
employee and employer deductions, contributions or rights with 
respect to the employee's service are transferred from such 
retirement system to the Fund.

Sec. 8333. Eligibility for annuity

    (a) An employee must complete at least 5 years of civilian 
service before he is eligible for an annuity under this 
subchapter.
    (b) An employee or Member must complete, within the last 2 
years before any separation from service, except a separation 
because of death or disability, at least 1 year of creditable 
civilian service during which he is subject to this subchapter 
before he or his survivors are eligible for annuity under this 
subchapter based on the separation. If an employee or Member, 
except an employee or Member separated from the service because 
of death or disability, fails to meet the service requirement 
of the preceding sentence, the amounts deducted from his pay 
during the service for which no eligibility for annuity is 
established based on the separation shall be returned to him on 
the separation. Failure to meet this service requirement does 
not deprive the individual or his survivors of annuity rights 
which attached on a previous separation.
    (c) A Member or his survivor is eligible for an annuity 
under this subchapter only if the amounts named by section 8334 
of this title have been deducted or deposited with respect to 
his last 5 years of civilian service, or, in the case of a 
survivor annuity under section 8341(d) or (e)(1) of this title, 
with respect to his total service.

Sec. 8334. Deductions, contributions, and deposits

    (a)(1) The employing agency shall deduct and withhold from 
the basic pay of an employee, Member, Congressional employee, 
law enforcement officer, firefighter, bankruptcy judge, judge 
of the United States Court of Appeals for the Armed Forces, 
United States magistrate, Court of Federal Claims judge, member 
of the Capitol Police, member of the Supreme Court Police, or 
nuclear materials courier, as the case may be, the percentage 
of basic pay applicable under subsection (c). An equal amount 
shall be contributed from the appropriation or fund used to pay 
the employee or, in the case of an elected official, from an 
appropriation or fund available for payment of other salaries 
of the same office or establishment. When an employee in the 
legislative branch is paid by the Chief Administrative Officer 
of the House of Representatives, the Chief Administrative 
Officer may pay from the applicable accounts of the House of 
Representatives the contribution that otherwise would be 
contributed from the appropriation or fund used to pay the 
employee.
    (2) The amounts so deducted and withheld, together with the 
amounts so contributed, shall be deposited in the Treasury of 
the United States to the credit of the Fund under such 
procedures as the Secretary of the Treasury may prescribe. 
Deposits made by an employee or Member also shall be credited 
to the Fund.
    (b) Each employee or Member is deemed to consent and agree 
to these deductions from basic pay. Notwithstanding any law or 
regulation affecting the pay of an employee or Member, payment 
less these deductions is a full and complete discharge and 
acquittance of all claims and demands for regular services 
during the period covered by the payment, except the right to 
the benefits to which the employee or Member is entitled under 
this subchapter.
    (c) Each employee or Member credited with civilian service 
after July 31, 1920, for which retirement deductions or 
deposits have not been made, may deposit with interest an 
amount equal to the following percentages of his basic pay 
received for that service:

 
                                         Percentage of basic pay
                                                                                   Service period
 
Employee...............................  2\1/2\...................  August 1, 1920, to June 30, 1926.
                                         3\1/2\...................  July 1, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6\1/2\...................  November 1, 1956, to December 31, 1969.
                                         7........................  January 1, 1970, to December 31, 1998.
                                         7.25.....................  January 1, 1999, to December 31, 1999.
                                         7.4......................  January 1, 2000, to December 31, 2000.
                                         7........................  After December 31, 2000.
Member or employee for Congressional     2\1/2\...................  August 1, 1920, to June 30, 1926.
 employee service.
                                         3\1/2\...................  July 1, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6\1/2\...................  November 1, 1956, to December 31, 1969.
                                         7.5......................  January 1, 1970, to December 31, 1998.
                                         7.75.....................  January 1, 1999, to December 31, 1999.
                                         7.9......................  January 1, 2000, to December 31, 2000.
                                         7.5......................  After December 31, 2000.
Member for Member service..............  2\1/2\...................  August 1, 1920, to June 30, 1926.
                                         3\1/2\...................  July 1, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to August 1, 1946.
                                         6........................  August 2, 1946, to October 31, 1956.
                                         7\1/2\...................  November 1, 1956, to December 31, 1969.
                                         8........................  January 1, 1970, to December 31, 1998.
                                         8.25.....................  January 1, 1999, to December 31, 1999.
                                         8.4......................  January 1, 2000, to December 31, 2000.
                                         8.5......................  January 1, 2001, to December 31, 2002.
                                         8........................  After December 31, 2002.
Law enforcement officer for law          2\1/2\...................  August 1, 1920, to June 30, 1926.
 enforcement service, member of the      3\1/2\...................  July 1, 1926, to June 30, 1942.
 Supreme Court Police for Supreme Court
 Police service, and firefighter for
 firefighter service.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6\1/2\...................  November 1, 1956, to December 31, 1969.
                                         7........................  January 1, 1970, to December 31, 1974.
                                         7.5......................  January 1, 1975, to December 31, 1998.
                                         7.75.....................  January 1, 1999, to December 31, 1999.
                                         7.9......................  January 1, 2000, to December 31, 2000.
                                         7.5......................  After December 31, 2000.
Bankruptcy judge.......................  2\1/2\...................  August 1, 1920, to June 30, 1926.
                                         3\1/2\...................  July 3, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6\1/2\...................  November 1, 1956, to December 31, 1969.
                                         7........................  January 1, 1970, to December 31, 1983.
                                         8........................  January 1, 1984, to December 31, 1998.
                                         8.25.....................  January 1, 1999, to December 31, 1999.
                                         8.4......................  January 1, 2000, to December 31, 2000.
                                         8........................  After December 31, 2000.
Judge of the United States Court of      6........................  May 5, 1950, to October 31, 1956.
 Appeals for the Armed Forces for        6\1/2\...................  November 1, 1956, to December 31, 1969.
 service as a judge of that court.
                                         7........................  January 1, 1970, to (but not including) the
                                                                     date of the enactment of the Department of
                                                                     Defense Authorization Act, 1984.
                                         8........................  The date of enactment of the Department of
                                                                     Defense Authorization Act, 1984, to
                                                                     December 31, 1998.
                                         8.25.....................  January 1, 1999, to December 31, 1999.
                                         8.4......................  January 1, 2000, to December 31, 2000.
                                         8........................  After December 31, 2000.
United States magistrate...............  2\1/2\...................  August 1, 1920, to June 30, 1926.
                                         3\1/2\...................  July 1, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6\1/2\...................  November 1, 1956, to December 31, 1969.
                                         7........................  January 1, 1970, to September 30, 1987.
                                         8........................  October 1, 1987, to December 31, 1998.
                                         8.25.....................  January 1, 1999, to December 31, 1999.
                                         8.4......................  January 1, 2000, to December 31, 2000.
                                         8........................  After December 31, 2000.
Court of Federal Claims Judge..........  2\1/2\...................  August 1, 1920, to June 30, 1926.
                                         3\1/2\...................  July 1, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6\1/2\...................  November 1, 1956, to December 31, 1969.
                                         7........................  January 1, 1970, to September 30, 1988.
                                         8........................  October 1, 1988, to December 31, 1998.
                                         8.25.....................  January 1, 1999, to December 31, 1999.
                                         8.4......................  January 1, 2000, to December 31, 2000.
                                         8........................  After December 31, 2000.
Member of the Capitol Police...........  2.5......................  August 1, 1920, to June 30, 1926.
                                         3.5......................  July 1, 1926, to June 30, 1942.
                                         5........................  July 1, 1942, to June 30, 1948.
                                         6........................  July 1, 1948, to October 31, 1956.
                                         6.5......................  November 1, 1956, to December 31, 1969.
                                         7.5......................  January 1, 1970, to December 31, 1998.
                                         7.75.....................  January 1, 1999, to December 31, 1999.
                                         7.9......................  January 1, 2000, to December 31, 2000.
                                         7.5......................  After December 31, 2000.
Nuclear materials courier..............  7........................  October 1, 1977 to October 16, 1998.
                                         7.5......................  October 17, 1998 to December 31, 1998.
                                         7.75.....................  January 1, 1999 to December 31, 1999.
                                         7.9......................  January 1, 2000 to December 31, 2000.
                                         7.5......................  After December 31, 2000.
 


Notwithstanding the preceding provisions of this subsection and 
any provision of section 206(b)(3) of the Federal Employees' 
Retirement Contribution Temporary Adjustment Act of 1983, the 
percentage of basic pay required under this subsection in the 
case of an individual described in section 8402(b)(2) shall, 
with respect to any covered service (as defined by section 
203(a)(3) of such Act) performed by such individual after 
December 31, 1983, and before January 1, 1987, be equal to 1.3 
percent, and, with respect to any such service performed after 
December 31, 1986, be equal to the amount that would have been 
deducted from the employee's basic pay under subsection (k) of 
this section if the employee's pay had been subject to that 
subsection during such period.
    (d)(1) Each employee or Member who has received a refund of 
retirement deductions under this or any other retirement system 
established for employees of the Government covering service 
for which he may be allowed credit under this subchapter may 
deposit the amount received, with interest. Credit may not be 
allowed for the service covered by the refund until the deposit 
is made.
    (2)(A) This paragraph applies with respect to any employee 
or Member who--
            (i) separates before October 1, 1990, and receives 
        (or elects, in accordance with applicable provisions of 
        this subchapter, to receive) a refund (described in 
        paragraph (1)) which relates to a period of service 
        ending before October 1, 1990;
            (ii) is entitled to an annuity under this 
        subchapter (other than a disability annuity) which is 
        based on service of such employee or Member, and which 
        commences on or after December 2, 1990; and
            (iii) does not make the deposit (described in 
        paragraph (1)) required in order to receive credit for 
        the period of service with respect to which the refund 
        relates.
    (B) Notwithstanding the second sentence of paragraph (1), 
the annuity to which an employee or Member under this paragraph 
is entitled shall (subject to adjustment under section 8340) be 
equal to an amount which, when taken together with the unpaid 
amount referred to in subparagraph (A)(iii), would result in 
the present value of the total being actuarially equivalent to 
the present value of the annuity which would otherwise be 
provided by the employee or Member under this subchapter, as 
computed under subsections (a)-(i) and (n) of section 8339 
(treating, for purposes of so computing the annuity which would 
otherwise be provided under this subchapter, the deposit 
referred to in subparagraph (A)(iii) as if it had been timely 
made).
    (C) The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out this paragraph.
    (e)(1) Interest under subsection (c), (d)(1), (j), (k), or 
(l) of this section is computed in accordance with paragraphs 
(2) and (3) of this subsection and regulations prescribed by 
the Office of Personnel Management.
    (2) Interest accrues annually on the outstanding portion of 
any amount that may be deposited under subsection (c), (d)(1), 
(j), (k), or (l) of this section, and is compounded annually, 
until the portion is deposited. Such interest is computed from 
the mid-point of each service period included in the 
computation, or from the date refund was paid. The deposit may 
be made in one or more installments. Interest may not be 
charged for a period of separation from the service which began 
before October 1, 1956.
    (3) The rate of interest is 4 percent a year through 
December 31, 1947, and 3 percent a year beginning January 1, 
1948, through December 31, 1984. Thereafter, the rate of 
interest for any calendar year shall be equal to the overall 
average yield to the Fund during the preceding fiscal year from 
all obligations purchased by the Secretary of the Treasury 
during such fiscal year under section 8348(c), (d), and (e) of 
this title, as determined by the Secretary.
    (f) Under such regulations as the Office of Personnel 
Management may prescribe, amounts deducted under subsection (a) 
or (k) of this section and deposited under subsections (c) and 
(d)(1) of this section shall be entered on individual 
retirement records.
    (g) Deposit may not be required for--
            (1) service before August 1, 1920;
            (2) military service, except to the extent provided 
        under section 8332(c) or 8334(j) of this title;
            (3) service for the Panama Railroad Company before 
        Janu-ary 1, 1924;
            (4) service performed before October 29, 1983, by 
        natives of the Pribilof Islands in the taking and 
        curing of fur seal skins and other activities in 
        connection with the administration of the Pribilof 
        Islands except where deductions, contributions, and 
        deposits were made before October 29, 1983;
            (5) days of unused sick leave credited under 
        section 8339(m) of this title; or
            (6) any period for which credit is allowed under 
        section 8332(l) of this title.
    (h) For the purpose of survivor annuities, deposits 
authorized by subsections (c), (d)(1), (j), and (k) of this 
section may also be made by a survivor of an employee or 
Member.
    (i)(1) The Director of the Administrative Office of the 
United States Courts shall pay to the Fund the amount which an 
employee may deposit under subsection (c) of this section for 
service creditable under section 8332(b)(12) of this title if 
such creditable service immediately precedes service as an 
employee subject to this subchapter with a break in service of 
no more than ninety working days. The Director shall pay such 
amount from any appropriation available to him as a necessary 
expense of the appropriation concerned.
    (2) The amount the Director pays in accordance with 
paragraph (1) of this subsection shall be reduced by the amount 
of any refund to the employee under section 376 of title 28. 
Except to the extent of such reduction, the amount the Director 
pays to the Fund shall satisfy the deposit requirement of 
subsection (c) of this section.
    (3) Notwithstanding any other provision of law, the amount 
the Director pays under this subsection shall constitute an 
employer contribution to the Fund, excludable under section 402 
of the Internal Revenue Code of 1954 from the employee's gross 
income until such time as the contribution is distributed or 
made available to the employee, and shall not be subject to 
refund or to lump-sum payment to the employee.
    (4) Notwithstanding any other provision of law, a 
bankruptcy judge or magistrate who is covered by section 377 of 
title 28 or section 2(c) of the Retirement and Survivors' 
Annuities for Bankruptcy Judges and Magistrates Act of 1988 
shall not be subject to deductions and contributions to the 
Fund, if the judge or magistrate notifies the Director of the 
Administrative Office of the United States Courts of an 
election of a retirement annuity under those provisions. Upon 
such an election, the judge or magistrate shall be entitled to 
a lump-sum credit under section 8342(a) of this title.
    (5) Notwithstanding any other provision of law, a judge who 
is covered by section 4096 of title 38 shall not be subject to 
deductions and contributions to the Fund, if the judge notifies 
the Director of the Office of Personnel Management of an 
election of a retirement annuity under that section. Upon such 
an election, the judge shall be entitled to a lump-sum credit 
under section 8342(a) of this title.
    (6) Notwithstanding any other provision of law, a judge of 
the United States Claims Court who is covered by section 178 of 
title 28 shall not be subject to deductions and contributions 
to the Fund if the judge notifies the Director of the 
Administrative Office of the United States Courts of an 
election of a retirement annuity under those provisions. Upon 
such an election, the judge shall be entitled to a lump-sum 
credit under section 8342(a) of this title.
    (j)(1)(A) Except as provided in subparagraph (B), and 
subject to paragraph (5), each employee or Member who has 
performed military service before the date of the separation on 
which the entitlement to any annuity under this subchapter is 
based may pay, in accordance with such regulations as the 
Office shall issue, to the agency by which the employee is 
employed, or, in the case of a Member or a Congressional 
employee, to the Secretary of the Senate or the Chief 
Administrative Officer of the House of Representatives, as 
appropriate, an amount equal to 7 percent of the amount of the 
basic pay paid under section 204 of title 37 to the employee or 
Member for each period of military service after December 1956. 
The amount of such payments shall be based on such evidence of 
basic pay for military service as the employee or Member may 
provide, or if the Office determines sufficient evidence has 
not been so provided to adequately determine basic pay for 
military service, such payment shall be based upon estimates of 
such basic pay provided to the Office under paragraph (4).
            (B) \1\ In any case where military service 
        interrupts creditable civilian service under this 
        subchapter and reemployment pursuant to chapter 43 of 
        title 38 occurs on or after August 1, 1990, the deposit 
        payable under this paragraph may not exceed the amount 
        that would have been deducted and withheld under 
        subsection (a)(1) from basic pay during civilian 
        service if the employee had not performed the period of 
        military service.
---------------------------------------------------------------------------
    \1\ Margin so in law. Section 5(b)(1)(B) of P.L. 103-353 (108 Stat. 
3173) added this subparagraph but it probably should have been indented 
two ems to the left.
---------------------------------------------------------------------------
    (2) Any deposit made under paragraph (1) of this subsection 
more than two years after the later of--
            (A) October 1, 1983; or
            (B) the date on which the employee or Member making 
        the deposit first becomes an employee or Member 
        following the period of military service for which such 
        deposit is due,
shall include interest on such amount computed and compounded 
annually beginning on the date of the expiration of the two-
year period. The interest rate that is applicable in computing 
interest in any year under this paragraph shall be equal to the 
interest rate that is applicable for such year under subsection 
(e) of this section.
    (3) Any payment received by an agency, the Secretary of the 
Senate, or the Chief Administrative Officer of the House of 
Representatives under this subsection shall be immediately 
remitted to the Office for deposit in the Treasury of the 
United States to the credit of the Fund.
    (4) The Secretary of Defense, the Secretary of 
Transportation, the Secretary of Commerce, or the Secretary of 
Health and Human Services, as appropriate, shall furnish such 
information to the Office as the Office may determine to be 
necessary for the administration of this subsection.
    (5) Effective with respect to any period of military 
service after December 31, 1998, the percentage of basic pay 
under section 204 of title 37 payable under paragraph (1) shall 
be equal to the same percentage as would be applicable under 
subsection (c) of this section for that same period for service 
as an employee, subject to paragraph (1)(B).
    (k)(1) Effective with respect to pay periods beginning 
after December 31, 1986, in administering this section in the 
case of an individual described in section 8402(b)(2) of this 
title--
            (A) the amount to be deducted and withheld by the 
        employing agency shall be determined in accordance with 
        paragraph (2) of this subsection instead of the first 
        sentence of subsection (a)(1) of this section; and
            (B) the amount of the contribution under the second 
        sentence of subsection (a)(1) of this section shall be 
        the amount which would have been contributed under such 
        sentence if this subsection had not been enacted.
    (2)(A) With respect to Federal wages of an employee or 
Member (or that portion thereof) not exceeding the contribution 
and benefit base during the calendar year involved, the 
appropriate amount to be deducted and withheld under this 
subsection is the amount by which--
            (i) the total deduction for those wages (or for 
        that portion) exceeds;
            (ii) the OASDI contribution with respect to those 
        wages (or that portion).
    (B) With respect to any portion of Federal wages of an 
employee or Member which exceed the contribution and benefit 
base during the calendar year involved, the appropriate amount 
to be deducted and withheld under this subsection is an amount 
equal to the total deduction for that portion.
    (C) For purposes of this paragraph--
            (i) the term ``Federal wages'' means basic pay for 
        service as an employee or Member, as the case may be;
            (ii) the term ``contribution and benefit base'' 
        means the contribution and benefit base in effect with 
        respect to the period involved, as determined under 
        section 230 of the Social Security Act;
            (iii) the term ``total deduction'', as used with 
        respect to any Federal wages (or portion thereof), 
        means an amount equal to the amount of those wages (or 
        of that portion), multiplied by the percentage which 
        (but for this subsection) would apply under the first 
        sentence of subsection (a)(1) with respect to the 
        individual involved; and
            (iv) the term ``OASDI contribution'', with respect 
        to any income, means the amount of tax which may be 
        imposed under section 3101(a) of the Internal Revenue 
        Code of 1954 with respect to such income (determined 
        without regard to any income which is not a part of 
        Federal wages).
    (3) The amount of a deposit under subsection (c) of this 
section for any service with respect to which paragraph (1) of 
this subsection applies shall be equal to an amount determined 
based on the preceding provisions of this subsection, and shall 
include interest.
    (4) In administering paragraphs (1) through (3)--
            (A) the term ``an individual described in section 
        8402(b)(2) of this title'' shall be considered to 
        include any individual--
                    (i) who is subject to this subchapter as a 
                result of a provision of law described in 
                section 8347(o), and
                    (ii) whose employment (as described in 
                section 8347(o)) is also employment for 
                purposes of title II of the Social Security Act 
                and chapter 21 of the Internal Revenue Code of 
                1986; and
            (B) the term ``Federal wages'', as applied with 
        respect to any individual to whom this subsection 
        applies as a result of subparagraph (A), means basic 
        pay for any employment referred to in subparagraph 
        (A)(ii).
    (l)(1) Each employee or Member who has performed service as 
a volunteer or volunteer leader under part A of title VIII of 
the Economic Opportunity Act of 1964, as a full-time volunteer 
enrolled in a program of at least 1 year's duration under part 
A, B, or C of title I of the Domestic Volunteer Service Act of 
1973, or as a volunteer or volunteer leader under the Peace 
Corps Act before the date of the separation on which the 
entitlement to any annuity under this subchapter is based may 
pay, in accordance with such regulations as the Office of 
Personnel Management shall issue, an amount equal to 7 percent 
of the readjustment allowance paid to the employee or Member 
under title VIII of the Economic Opportunity Act of 1964 or 
section 5(c) or 6(1) of the Peace Corps Act or the stipend paid 
to the employee or Member under part A, B, or C of title I of 
the Domestic Volunteer Service Act of 1973, for each period of 
service as such a volunteer or volunteer leader. This paragraph 
shall be subject to paragraph (4).
    (2) Any deposit made under paragraph (1) more than 2 years 
after the later of--
            (A) October 1, 1993; or
            (B) the date on which the employee or Member making 
        the deposit first becomes an employee or Member,
shall include interest on such amount computed and compounded 
annually beginning on the date of the expiration of the 2-year 
period. The interest rate that is applicable in computing 
interest in any year under this paragraph shall be equal to the 
interest rate that is applicable for such year under subsection 
(e).
    (3) The Director of the Peace Corps and the Chief Executive 
Officer of the Corporation for National and Community Service 
shall furnish such information to the Office of Personnel 
Management as the Office may determine to be necessary for the 
administration of this subsection.
    (4) Effective with respect to any period of service after 
December 31, 1998, the percentage of the readjustment allowance 
or stipend (as the case may be) payable under paragraph (1) 
shall be equal to the same percentage as would be applicable 
under subsection (c) of this section for the same period for 
service as an employee.
    (m) A Member who has served in a position in the executive 
branch for which the rate of basic pay was reduced for the 
duration of the service of the Member to remove the impediment 
to the appointment of the Member imposed by article I, section 
6, clause 2 of the Constitution, or the survivor of such a 
Member, may deposit to the credit of the Fund an amount equal 
to the difference between the amount deducted from the basic 
pay of the Member during that period of service and the amount 
that would have been deducted if the rate of basic pay which 
would otherwise have been in effect during that period had been 
in effect, plus interest computed under subsection (e).

Sec. 8335. Mandatory separation

    (a) An air traffic controller shall be separated from the 
service on the last day of the month in which he becomes 56 
years of age. The Secretary, under such regulations as he may 
prescribe, may exempt a controller having exceptional skills 
and experience as a controller from the automatic separation 
provisions of this subsection until that controller becomes 61 
years of age. The Secretary shall notify the controller in 
writing of the date of separation at least 60 days before that 
date. Action to separate the controller is not effective, 
without the consent of the controller, until the last day of 
the month in which the 60-day notice expires.
    (b) A firefighter who is otherwise eligible for immediate 
retirement under section 8336(c) shall be separated from the 
service on the last day of the month in which such firefighter 
becomes 55 years of age or completes 20 years of service if 
then over that age. A law enforcement officer or nuclear 
materials courier who is otherwise eligible for immediate 
retirement under section 8336(c) shall be separated from the 
service on the last day of the month in which that officer or 
courier, as the case may be, becomes 57 years of age or 
complete 20 years of service if then over that age. The head of 
the agency, when in his judgment the public interest so 
requires, may exempt such an employee from automatic separation 
under this subsection until that employee becomes 60 years of 
age. The employing office shall notify the employee in writing 
of the date of separation at least 60 days in advance thereof. 
Action to separate the employee is not effective, without the 
consent of the employee, until the last day of the month in 
which the 60-day notice expires.
    (c) A member of the Capitol Police who is otherwise 
eligible for immediate retirement under section 8336(m) shall 
be separated from the service on the last day of the month in 
which such member becomes 57 years of age or completes 20 years 
of service if then over that age. The Capitol Police Board, 
when in its judgment the public interest so requires, may 
exempt such a member from automatic separation under this 
subsection until that member becomes 60 years of age. The Board 
shall notify the member in writing of the date of separation at 
least 60 days in advance thereof. Action to separate the member 
is not effective, without the consent of the member, until the 
last day of the month in which the 60-day notice expires.
    (d) A member of the Supreme Court Police who is otherwise 
eligible for immediate retirement under section 8336(n) shall 
be separated from the service on the last day of the month in 
which such member becomes 57 years of age or completes 20 years 
of service if then over that age. The Marshal of the Supreme 
Court of the United States, when in his judgment the public 
interest so requires, may exempt such a member from automatic 
separation under this subsection until that member becomes 60 
years of age. The Marshal shall notify the member in writing of 
the date of separation at least 60 days in advance thereof. 
Action to separate the member is not effective, without the 
consent of the member, until the last day of the month in which 
the 60-day notice expires.
    (f) \1\ The President, by Executive order, may exempt an 
employee (other than a member of the Capitol Police or the 
Supreme Court Police) from automatic separation under this 
section when he determines the public interest so requires.
---------------------------------------------------------------------------
    \1\ So in law. See section 308(b)(2)(A) of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2001 (as enacted into law by section 1(a)(2) of 
Public Law 106-553; 114 Stat. 2762A-87) and section 141(a) of 
Miscellaneous Appropriations Act, 2001 (as enacted into law by section 
1(a)(4) of Public Law 106-554; 114 Stat. 2763A-235).
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Sec. 8336. Immediate retirement

    (a) An employee who is separated from the service after 
becoming 55 years of age and completing 30 years of service is 
entitled to an annuity.
    (b) An employee who is separated from the service after 
becoming 60 years of age and completing 20 years of service is 
entitled to an annuity.
    (c)(1) An employee who is separated from the service after 
becoming 50 years of age and completing 20 years of service as 
a law enforcement officer, firefighter, or nuclear materials 
courier, or any combination of such service totaling at least 
20 years, is entitled to an annuity.
    (2) An employee is entitled to an annuity if the employee--
            (A) was a law enforcement officer or firefighter 
        employed by the Panama Canal Company or the Canal Zone 
        Government at any time during the period beginning 
        March 31, 1979, and ending September 30, 1979; and
            (B) is separated from the service before January 1, 
        2000, after becoming 48 years of age and completing 18 
        years of service as a law enforcement officer or 
        firefighter, or any combination of such service 
        totaling at least 18 years.
    (d) An employee who--
            (1) is separated from the service involuntarily, 
        except by removal for cause on charges of misconduct or 
        delinquency; or
            (2) 1,2 except in the case of an 
        employee who is separated from the service under a 
        program carried out under subsection (o), while serving 
        in a geographic area designated by the Office of 
        Personnel Management, is separated from the service 
        voluntarily during a period in which the Office 
        determines that--
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    \1\ Section 7001(a) of the 1998 Supplemental Appropriations and 
Rescissions Act (Public Law 105-174; 112 Stat. 91), as amended by 
Public Law 106-58, title VI, Sec. 651(a), September 29, 1999, 113 Stat. 
480, provides as follows:
      Sec. 7001. Federal Employee Voluntary Early Retirement. (a) Civil 
Service Retirement System.--Effective May 1, 1998, paragraph (2) of 
section 8336(d) of title 5, United States Code, shall be applied as if 
it had been amended to read as follows:
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          ``(2)(A) has been employed continuously, by the agency in 
        which the employee is serving, for at least the 31-day period 
        ending on the date on which such agency requests the 
        determination referred to in subparagraph (D);
          ``(B) is serving under an appointment that is not time 
        limited;
          ``(C) has not been duly notified that such employee is to be 
        involuntarily separated for misconduct or unacceptable 
        performance;
          ``(D) is separated from the service voluntarily during a 
        period in which, as determined by the Office of Personnel 
        Management (upon request of the agency) under regulations 
        prescribed by the Office--

                  ``(i) such agency (or, if applicable, the component 
                in which the employee is serving) is undergoing a major 
                reorganization, a major reduction in force, or a major 
                transfer of function; and
                  ``(ii) a significant percentage of the employees 
                serving in such agency (or component) will be separated 
                or subject to an immediate reduction in the rate of 
                basic pay (without regard to subchapter VI of chapter 
                53, or comparable provisions); and

          ``(E) as determined by the agency under regulations 
        prescribed by the Office, is within the scope of the offer of 
        voluntary early retirement, which may be made on the basis of--

                  ``(i) one or more organizational units;
                  ``(ii) one or more occupational series or levels;
                  ``(iii) one or more geographical locations;
                  ``(iv) other similar nonpersonal factors the Office 
                determines appropriate; or
                  ``(v) any appropriate combination of such factors;''.
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    \2\ Section 1(a) of the Act entitled ``To make certain personnel 
flexibilities available with respect to the General Accounting Office, 
and for other purposes'' (Public Law 106-303; 114 Stat. 1063), enacted 
October 13, 2000, provides as follows:
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SECTION 1. VOLUNTARY EARLY RETIREMENT AUTHORITY.
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    (a) Civil Service Retirement System.--Effective for purposes of the 
period beginning on the date of the enactment of this Act and ending on 
December 31, 2003, paragraph (2) of section 8336(d) of title 5, United 
States Code, shall, with respect to officers and employees of the 
General Accounting Office, be applied as if it had been amended to read 
as follows:
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          ``(2)(A) has been employed continuously by the General 
        Accounting Office for at least the 31-day period immediately 
        preceding the start of the period referred to in subparagraph 
        (D);
          ``(B) is serving under an appointment that is not time 
        limited;
          ``(C) has not received a notice of involuntary separation, 
        for misconduct or unacceptable performance, with respect to 
        which final action remains pending; and
          ``(D) is separated from the service voluntarily during a 
        period with respect to which the Comptroller General determines 
        that the application of this subsection is necessary and 
        appropriate for the purpose of--

                  ``(i) realigning the General Accounting Office's 
                workforce in order to meet budgetary constraints or 
                mission needs;
                  ``(ii) correcting skill imbalances; or
                  ``(iii) reducing high-grade, managerial, or 
                supervisory positions;''.
                    (A) the agency in which the employee is 
                serving is undergoing a major reorganization, a 
                major reduction in force, or a major transfer 
                of function; and
                    (B) a significant percent of the employees 
                serving in such agency will be separated or 
                subject to an immediate reduction in the rate 
                of basic pay (without regard to subchapter VI 
                of chapter 53 of this title or comparable 
                provisions);
after completing 25 years of service or after becoming 50 years 
of age and completing 20 years of service is entitled to an 
annuity. For purposes of paragraph (1) of this subsection, 
separation for failure to accept a directed reassignment to a 
position outside the commuting area of the employee concerned 
or to accompany a position outside of such area pursuant to a 
transfer of function shall not be considered to be a removal 
for cause on charges of misconduct or delinquency. 
Notwithstanding the first sentence of this subsection, an 
employee described in paragraph (1) of this subsection is not 
entitled to an annuity under this subsection if the employee 
has declined a reasonable offer of another position in the 
employee's agency for which the employee is qualified, which is 
not lower than 2 grades (or pay levels) below the employee's 
grade (or pay level), and which is within the employee's 
commuting area.
    (e) An employee who is voluntarily or involuntarily 
separated from the service, except by removal for cause on 
charges of misconduct or delinquency, after completing 25 years 
of service as an air traffic controller or after becoming 50 
years of age and completing 20 years of service as an air 
traffic controller, is entitled to an annuity.
    (f) An employee who is separated from the service after 
becoming 62 years of age and completing 5 years of service is 
entitled to an annuity.
    (g) A Member who is separated from the service after 
becoming 62 years of age and completing 5 years of civilian 
service, or after becoming 60 years of age and completing 10 
years of Member service is entitled to an annuity. A Member who 
is separated from the service after becoming 55 years of age 
(but before becoming 60 years of age) and completing 30 years 
of service is entitled to a reduced annuity. A Member who is 
separated from the service, except by resignation or expulsion, 
after completing 25 years of service or after becoming 50 years 
of age and (1) completing 20 years of service or (2) serving in 
9 Congresses is entitled to an annuity.
    (h)(1) A member of the Senior Executive Service who is 
removed from the Senior Executive Service for failure to be 
recertified as a senior executive under section 3393a or for 
less than fully successful executive performance (as determined 
under subchapter II of chapter 43 of this title) after 
completing 25 years of service or after becoming 50 years of 
age and completing 20 years of service is entitled to an 
annuity.
    (2) A member of the Defense Intelligence Senior Executive 
Service or the Senior Cryptologic Executive Service who is 
removed from such service for failure to be recertified as a 
senior executive or for less than fully successful executive 
performance after completing 25 years of service or after 
becoming 50 years of age and completing 20 years of service is 
entitled to an annuity.
    (3) A member of the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service who is 
removed from such service for failure to be recertified as a 
senior executive or for less than fully successful executive 
performance after completing 25 years of service or after 
becoming 50 years of age and completing 20 years of service is 
entitled to an annuity.
    (i)(1) An employee of the Panama Canal Commission or of an 
Executive agency conducting operations in the Canal Zone or 
Republic of Panama who is separated from the service before 
January 1, 2000, who was employed by the Canal Zone Government 
or the Panama Canal Company at any time during the period 
beginning March 31, 1979, and ending September 30, 1979, and 
who has had continuous Panama Canal service, without a break in 
service of more than 3 days, from that time until separation, 
is entitled to an annuity if the employee is separated--
            (A) involuntarily, after completing 20 years of 
        service or after becoming 48 years of age and 
        completing 18 years of service, if the separation is a 
        result of the implementation of any provision of the 
        Panama Canal Treaty of 1977 and related agreements; or
            (B) voluntarily, after completing 23 years of 
        service or after becoming 48 years of age and 
        completing 18 years of service.
    (2) An employee of the Panama Canal Commission or of an 
Executive agency conducting operations in the Canal Zone or 
Republic of Panama who is separated from the service before 
January 1, 2000, who was employed, at a permanent duty station 
in the Canal Zone, by any Executive agency other than the Canal 
Zone Government or the Panama Canal Company at any time during 
the period beginning March 31, 1979, and ending September 30, 
1979, and who has had continuous Panama Canal service, without 
a break in service of more than 3 days, from that time until 
separation, is entitled to an annuity if--
            (A) the employee is separated involuntarily, after 
        completing 20 years of service or after becoming 48 
        years of age and completing 18 years of service; and
            (B) the separation is the result of the 
        implementation of any provision of the Panama Canal 
        Treaty of 1977 and related agreements.
    (3) An employee of the Panama Canal Commission employed by 
that body after September 30, 1979, who is separated from the 
Panama Canal Commission before January 1, 2000, and who at the 
time of separation has a minimum of 11 years of continuous 
employment with the Commission (disregarding any break in 
service of 3 days or less) is entitled to an annuity if the 
employee is separated--
            (A) involuntarily, after completing 20 years of 
        service or after becoming 48 years of age and 
        completing 18 years of service, if the separation is a 
        result of the implementation of any provision of the 
        Panama Canal Treaty of 1977 and related agreements; or
            (B) voluntarily, after completing 23 years of 
        service or after becoming 48 years of age and 
        completing 18 years of service.
    (4) For the purpose of this subsection--
            (A) ``Panama Canal service'' means--
                    (i) service as an employee of the Canal 
                Zone Government, the Panama Canal Company, or 
                the Panama Canal Commission; or
                    (ii) service at a permanent duty station in 
                the Canal Zone or Republic of Panama as an 
                employee of an Executive agency conducting 
                operations in the Canal Zone or the Republic of 
                Panama; and
            (B) ``Executive agency'' includes the United States 
        District Court for the District of the Canal Zone and 
        the Smithsonian Institution.
    (j)(1) Except as provided in paragraph (3), an employee is 
entitled to an annuity if he--
            (A)(i) is separated from the service after 
        completing 25 years of service or after becoming 50 
        years of age and completing 20 years of service, or
            (ii) is involuntarily separated, except by removal 
        for cause on charges of misconduct or delinquency, 
        during the 2-year period before the date on which he 
        would meet the years of service and age requirements 
        under clause (i),
            (B) was employed in the Bureau of Indian Affairs, 
        the Indian Health Service, a tribal organization (to 
        the extent provided in paragraph (2)), or any 
        combination thereof, continuously from December 21, 
        1972, to the date of his separation, and
            (C) is not entitled to preference under the Indian 
        preference laws.
    (2) Employment in a tribal organization may be considered 
for purposes of paragraph (1)(B) of this subsection only if--
            (A) the employee was employed by the tribal 
        organization after January 4, 1975, and immediately 
        before such employment he was an employee of the Bureau 
        of Indian Affairs or the Indian Health Service, and
            (B) at the time of such employment such employee 
        and the tribal organization were eligible to elect, and 
        elected, to have the employee retain the coverage, 
        rights, and benefits of this chapter under section 
        105(e)(2) of the Indian Self-Determination Act (25 
        U.S.C. 450i(a)(2); 88 Stat. 2209).
    (3)(A) The provisions of paragraph (1) of this subsection 
shall not apply with respect to any separation of any employee 
which occurs after the date 10 years after--
            (i) the date the employee first meets the years of 
        service and age requirements of paragraph (1)(A)(i), or
            (ii) the date of the enactment of this paragraph, 
        if the employee met those requirements before that 
        date.
    (B) For purposes of applying this paragraph with respect to 
any employee of the Bureau of Indian Affairs in the Department 
of the Interior or of the Indian Health Service in the 
Department of Health, Education, and Welfare, the Secretary of 
the department involved may postpone the date otherwise 
applicable under subparagraph (A) if--
            (i) such employee consents to such postponement, 
        and
            (ii) the Secretary finds that such postponement is 
        necessary for the continued effective operation of the 
        agency.
The period of any postponement under this subparagraph shall 
not exceed 12 months and the total period of all postponements 
with respect to any employee shall not exceed 5 years.
    (4) For the purpose of this subsection--
            (A) ``Bureau of Indian Affairs'' means (i) the 
        Bureau of Indian Affairs and (ii) all other 
        organizational units in the Department of the Interior 
        directly and primarily related to providing services to 
        Indians and in which positions are filled in accordance 
        with the Indian preference laws.
            (B) ``Indian preference laws'' means section 12 of 
        the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), 
        or any other provision of law granting a preference to 
        Indians in promotions or other Federal personnel 
        actions.

    (k) A bankruptcy judge United States magistrate, or Claims 
Court judge who is separated from service, except by removal, 
after becoming 62 years of age and completing 5 years of 
civilian service, or after becoming 60 years of age and 
completing 10 years of service as a bankruptcy judge, United 
States magistrate, or Claims Court judge, is entitled to an 
annuity.
    (l) A judge of the United States Court of Appeals for the 
Armed Forces who is separated from the service after becoming 
62 years of age and completing 5 years of civilian service or 
after completing the term of service for which he was appointed 
as a judge of such court is entitled to an annuity. A judge who 
is separated from the service before becoming 60 years of age 
is entitled to a reduced annuity.
    (m) A member of the Capitol Police who is separated from 
the service after becoming 50 years of age and completing 20 
years of service as a member of the Capitol Police or as a law 
enforcement officer, or any combination of such service 
totaling at least 20 years, is entitled to an annuity.
    (n) A member of the Supreme Court Police who is separated 
from the service after becoming 50 years of age and completing 
20 years of service as a member of the Supreme Court Police or 
as a law enforcement officer, or any combination of such 
service totaling at least 20 years, is entitled to an annuity.
    (o) \1\ An annuity or reduced annuity authorized by this 
section is computed under section 8339 of this title.
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    \1\ So in law. See section 1152(a)(2) of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by section 1 of Public Law 106-398; 114 Stat. 1654A-320) and 
section 308(b)(3) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 2001 (as 
enacted into law by section 1(a)(2) of Public Law 106-553; 114 Stat. 
2762A-87, Appendix B).
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    (o)(1) \1\ The Secretary of Defense may, during fiscal 
years 2002 and 2003, carry out a program under which an 
employee of the Department of Defense may be separated from the 
service entitled to an immediate annuity under this subchapter 
if the employee--
            (A) has--
                    (i) completed 25 years of service; or
                    (ii) become 50 years of age and completed 
                20 years of service; and
            (B) is eligible for the annuity under paragraph (2) 
        or (3).
    (2)(A) For the purposes of paragraph (1), an employee 
referred to in that paragraph is eligible for an immediate 
annuity under this paragraph if the employee--
            (i) is separated from the service involuntarily 
        other than for cause; and
            (ii) has not declined a reasonable offer of another 
        position in the Department of Defense for which the 
        employee is qualified, which is not lower than 2 grades 
        (or pay levels) below the employee's grade (or pay 
        level), and which is within the employee's commuting 
        area.
    (B) For the purposes of paragraph (2)(A)(i), a separation 
for failure to accept a directed reassignment to a position 
outside the commuting area of the employee concerned or to 
accompany a position outside of such area pursuant to a 
transfer of function may not be considered to be a removal for 
cause.
    (3) For the purposes of paragraph (1), an employee referred 
to in that paragraph is eligible for an immediate annuity under 
this paragraph if the employee satisfies all of the following 
conditions:
            (A) The employee is separated from the service 
        voluntarily during a period in which the organization 
        within the Department of Defense in which the employee 
        is serving is undergoing a major organizational 
        adjustment.
            (B) The employee has been employed continuously by 
        the Department of Defense for more than 30 days before 
        the date on which the head of the employee's 
        organization requests the determinations required under 
        subparagraph (A).
            (C) The employee is serving under an appointment 
        that is not limited by time.
            (D) The employee is not in receipt of a decision 
        notice of involuntary separation for misconduct or 
        unacceptable performance.
            (E) The employee is within the scope of an offer of 
        voluntary early retirement, as defined on the basis of 
        one or more of the following objective criteria:
                    (i) One or more organizational units.
                    (ii) One or more occupational groups, 
                series, or levels.
                    (iii) One or more geographical locations.
                    (iv) Any other similar objective and 
                nonpersonal criteria that the Office of 
                Personnel Management determines appropriate.
    (4) Under regulations prescribed by the Office of Personnel 
Management, the determinations of whether an employee meets--
            (A) the requirements of subparagraph (A) of 
        paragraph (3) shall be made by the Office, upon the 
        request of the Secretary of Defense; and
            (B) the requirements of subparagraph (E) of such 
        paragraph shall be made by the Secretary of Defense.
    (5) A determination of which employees are within the scope 
of an offer of early retirement shall be made only on the basis 
of consistent and well-documented application of the relevant 
criteria.
    (6) In this subsection, the term ``major organizational 
adjustment'' means any of the following:
            (A) A major reorganization.
            (B) A major reduction in force.
            (C) A major transfer of function.
            (D) A workforce restructuring--
                    (i) to meet mission needs;
                    (ii) to achieve one or more reductions in 
                strength;
                    (iii) to correct skill imbalances; or
                    (iv) to reduce the number of high-grade, 
                managerial, supervisory, or similar positions.

Sec. 8337. Disability retirement

    (a) An employee who completes 5 years of civilian service 
and has become disabled shall be retired on the employee's own 
application or on application by the employee's agency. Any 
employee shall be considered to be disabled only if the 
employee is found by the Office of Personnel Management to be 
unable, because of disease or injury, to render useful and 
efficient service in the employee's position and is not 
qualified for reassignment, under procedures prescribed by the 
Office, to a vacant position which is in the agency at the same 
grade or level and in which the employee would be able to 
render useful and efficient service. For the purpose of the 
preceding sentence, an employee of the United States Postal 
Service shall be considered not qualified for a reassignment 
described in that sentence if the reassignment is to a position 
in a different craft or is inconsistent with the terms of a 
collective bargaining agreement covering the employee. A judge 
of the United States Court of Appeals for the Armed Forces who 
completes 5 years of civilian service and who is found by the 
Office to be disabled for useful and efficient service as a 
judge of such court or who is removed for mental or physical 
disability under section 942(c) of title 10 shall be retired on 
the judge's own application or upon such removal. A Member who 
completes 5 years of Member service and is found by the Office 
to be disabled for useful and efficient service as a Member 
because of disease or injury shall be retired on the Member's 
own application. An annuity authorized by this section is 
computed under section 8339(g) of this title, unless the 
employee or Member is eligible for a higher annuity computed 
under section 8339(a) through (e), (n), (q), (r), or (s).
    (b) A claim may be allowed under this section only if the 
application is filed with the Office before the employee or 
Member is separated from the service or within 1 year 
thereafter. This time limitation may be waived by the Office 
for an employee or Member who at the date of separation from 
service or within 1 year thereafter is mentally incompetent, if 
the application is filed with the Office within 1 year from the 
date of restoration of the employee or Member to competency or 
the appointment of a fiduciary, whichever is earlier.
    (c) An annuitant receiving disability retirement annuity 
from the Fund shall be examined under the direction of the 
Office--
            (1) at the end of 1 year from the date of the 
        disability retirement; and
            (2) annually thereafter until he becomes 60 years 
        of age;
unless his disability is permanent in character. If the 
annuitant fails to submit to examination as required by this 
section, payment of the annuity shall be suspended until 
continuance of the disability is satisfactorily established.
    (d) If an annuitant receiving disability retirement annuity 
from the Fund, before becoming 60 years of age, recovers from 
his disability, payment of the annuity terminates on 
reemployment by the Government or 1 year after the date of the 
medical examination showing the recovery, whichever is earlier. 
If an annuitant receiving disability retirement annuity from 
the Fund, before becoming 60 years of age, is restored to an 
earning capacity fairly comparable to the current rate of pay 
of the position occupied at the time of retirement, payment of 
the annuity terminates on reemployment by the Government or 180 
days after the end of the calendar year in which earning 
capacity is so restored, whichever is earlier. Earning capacity 
is deemed restored if in any calendar year the income of the 
annuitant from wages or self-employment or both equals at least 
80 percent of the current rate of pay of the position occupied 
immediately before retirement.
    (e) If an annuitant whose annuity is terminated under 
subsection (d) of this section is not reemployed in a position 
in which he is subject to this subchapter, he is deemed, except 
for service credit, to have been involuntarily separated from 
the service for the purpose of this subchapter as of the date 
of termination of the disability annuity, and after that 
termination is entitled to annuity under the applicable 
provisions of this subchapter. If an annuitant whose annuity is 
heretofore or hereafter terminated because of an earning 
capacity provision of this subchapter or an earlier statute--
            (1) is not reemployed in a position within the 
        purview of this subchapter; and
            (2) has not recovered from the disability for which 
        he was retired;
his annuity shall be restored at the same rate effective the 
first of the year following any calendar year in which his 
income from wages or self-employment or both is less than 80 
percent of the current rate of pay of the position occupied 
immediately before retirement. If an annuitant whose annuity is 
heretofore or hereafter terminated because of a medical finding 
that he has recovered from disability is not reemployed in a 
position in which he is subject to this subchapter, his annuity 
shall be restored at the same rate effective from the date of 
medical examination showing a recurrence of the disability. The 
second and third sentences of this subsection do not apply to 
an individual who has become 62 years of age and is receiving 
or is eligible to receive annuity under the first sentence of 
this subsection.
    (f)(1) An individual is not entitled to receive--
            (A) an annuity under this subchapter, and
            (B) compensation for injury to, or disability of, 
        such individual under subchapter I of chapter 81, other 
        than compensation payable under section 8107,
    covering the same period of time.
    (2) An individual is not entitled to receive an annuity 
under this subchapter and a concurrent benefit under subchapter 
I of chapter 81 on account of the death of the same person.
    (3) Paragraphs (1) and (2) do not bar the right of a 
claimant to the greater benefit conferred by either this 
subchapter or subchapter I of chapter 81.
    (g) If an individual is entitled to an annuity under this 
subchapter, and the individual receives a lump-sum payment for 
compensation under section 8135 based on the disability or 
death of the same person, so much of the compensation as has 
been paid for a period extended beyond the date payment of the 
annuity commences, as determined by the Department of Labor, 
shall be refunded to that Department for credit to the 
Employees' Compensation Fund. Before the individual may receive 
the annuity, the individual shall--
            (1) refund to the Department of Labor the amount 
        representing the commuted compensation payments for the 
        extended period; or
            (2) authorize the deduction of the amount from the 
        annuity.
Deductions from the annuity may be made from accrued or 
accruing payments. The amounts deducted and withheld from the 
annuity shall be transmitted to the Department of Labor for 
reimbursement to the Employees' Compensation Fund. When the 
Department of Labor finds that the financial circumstances of 
an individual entitled to an annuity under this subchapter 
warrant deferred refunding, deductions from the annuity may be 
prorated against and paid from accruing payments in such manner 
as the Department determines appropriate.
    (h)(1) As used in this subsection, the term ``technician'' 
means an individual employed under section 709(a) of title 32 
or section 10216 of title 10 who, as a condition of the 
employment, is required under section 709(b) of title 32 or 
section 10216 of title 10, respectively, to be a member of the 
Selected Reserve.
    (2)(A) Except as provided in subparagraph (B) of this 
paragraph, an individual shall be retired under this section if 
the individual--
            (i) is separated from employment as a technician 
        under section 709(e)(1) of title 32 or section 10216 of 
        title 10 by reason of a disability that disqualifies 
        the individual from membership in the Selected Reserve;
            (ii) is not considered to be disabled under the 
        second sentence of subsection (a) of this section;
            (iii) is not appointed to a position in the 
        Government (whether under paragraph (3) of this 
        subsection or otherwise); and
            (iv) has not declined an offer of an appointment to 
        a position in the Government under paragraph (3) of 
        this subsection.
    (B) Payment of any annuity for an individual pursuant to 
this subsection terminates--
            (i) on the date the individual is appointed to a 
        position in the Government (whether pursuant to 
        paragraph (3) of this subsection or otherwise);
            (ii) on the date the individual declines an offer 
        of appointment to a position in the Government under 
        paragraph (3); or
            (iii) as provided under subsection (d).
    (3) Any individual applying for or receiving any annuity 
pursuant to this subsection shall, in accordance with 
regulations prescribed by the Office, be considered by any 
agency of the Government before any vacant position in the 
agency is filled if--
            (A) the position is located within the commuting 
        area of the individual's former position;
            (B) the individual is qualified to serve in such 
        position, as determined by the head of the agency; and
            (C) the position is at the same grade or equivalent 
        level as the position from which the individual was 
        separated under section 709(e)(1) of title 32 or 
        section 10216 of title 10.

Sec. 8338. Deferred retirement

    (a) An employee who is separated from the service or 
transferred to a position in which he does not continue subject 
to this subchapter after completing 5 years of civilian service 
is entitled to an annuity beginning at the age of 62 years.
    (b) A Member who, after December 31, 1955, is separated 
from the service as a Member after completing 5 years of 
civilian service is entitled to an annuity beginning at the age 
of 62 years. A Member who is separated from the service after 
completing 10 or more years of Member service is entitled to an 
annuity beginning at the age of 60 years. A Member who is 
separated from the service after completing 20 or more years of 
service, including 10 or more years of Member service, is 
entitled to a reduced annuity beginning at the age of 50 years.
    (c) A judge of the United States Court of Appeals for the 
Armed Forces who is separated from the service after completing 
5 years of civilian service is entitled to an annuity beginning 
at the age of 62 years. A judge of such court who is separated 
from the service after completing the term of service for which 
he was appointed is entitled to an annuity. If an annuity is 
elected before the judge becomes 60 years of age, it shall be a 
reduced annuity.
    (d) An annuity or reduced annuity authorized by this 
section is computed under section 8339 of this title.

Sec. 8339. Computation of annuity

    (a) Except as otherwise provided by this section, the 
annuity of an employee retiring under this subchapter is--
            (1) 1\1/2\ percent of his average pay multiplied by 
        so much of his total service as does not exceed 5 
        years; plus
            (2) 1\3/4\ percent of his average pay multiplied by 
        so much of his total service as exceeds 5 years but 
        does not exceed 10 years; plus
            (3) 2 percent of his average pay multiplied by so 
        much of his total service as exceeds 10 years.
However, when it results in a larger annuity, 1 percent of his 
average pay plus $25 is substituted for the percentage 
specified by paragraph (1), (2), or (3) of this subsection, or 
any combination thereof.
    (b) The annuity of a Congressional employee, or former 
Congressional employee, retiring under this subchapter is 
computed under subsection (a) of this section, except, if he 
has had--
            (1) at least 5 years' service as a Congressional 
        employee or Member or any combination thereof; and
            (2) deductions withheld from his pay or has made 
        deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a 
Congressional employee, his military service not exceeding 5 
years, and any Member service, by multiplying 2\1/2\ percent of 
his average pay by the years of that service.
    (c) The annuity of a Member, or former Member with title to 
Member annuity, retiring under this subchapter is computed 
under subsection (a) of this section, except, if he has had at 
least 5 years' service as a Member or Congressional employee or 
any combination thereof, his annuity is computed with respect 
to--
            (1) his service as a Member and so much of his 
        military service as is creditable for the purpose of 
        this paragraph; and
            (2) his Congressional employee service;
by multiplying 2\1/2\ percent of his average pay by the years 
of that service.
    (d)(1) The annuity of an employee retiring under section 
8335(b) or 8336(c) of this title is--
            (A) 2\1/2\ percent of his average pay multiplied by 
        so much of his total service as does not exceed 20 
        years; plus
            (B) 2 percent of his average pay multiplied by so 
        much of his total service as exceeds 20 years.
    (2) The annuity of an employee retiring under this 
subchapter who was employed by the Panama Canal Company or 
Canal Zone Government on September 30, 1979, is computed with 
respect to the period of continuous Panama Canal service from 
that date, disregarding any break in service of not more than 3 
days, by adding--
            (A) 2\1/2\ percent of the employee's average pay 
        multiplied by so much of that service as does not 
        exceed 20 years; plus
            (B) 2 percent of the employee's average pay 
        multiplied by so much of that service as exceeds 20 
        years.
    (3) The annuity of an employee retiring under this 
subchapter who is employed by the Panama Canal Commission at 
any time during the period beginning October 1, 1990, and 
ending December 31, 1999, is computed, with respect to any 
period of service with the Panama Canal Commission, by adding--
            (A) 2\1/2\ percent of the employee's average pay 
        multiplied by so much of that service as does not 
        exceed 20 years; plus
            (B) 2 percent of the employee's average pay 
        multiplied by so much of that service as exceeds 20 
        years.
    (4)(A) In the case of an employee who has service as a law 
enforcement officer or firefighter to which paragraph (2) of 
this subsection applies, the annuity of that employee is 
increased by $8 for each full month of that service which is 
performed in the Republic of Panama.
    (B) In the case of an employee retiring under this 
subchapter who--
            (i) was employed as a law enforcement officer or 
        firefighter by the Panama Canal Company or Canal Zone 
        Government at any time during the period beginning 
        March 31, 1979, and ending September 30, 1979; and
            (ii) does not meet the age and service requirements 
        of section 8336(c) of this title;
the annuity of that employee is increased by $12 for each full 
month of that service which occurred before October 1, 1979.
    (C) An annuity increase under this paragraph does not apply 
with respect to service performed after completion of 20 years 
of service (or any combination of service) as a law enforcement 
officer or firefighter.
    (5) For the purpose of this subsection--
            (A) ``Panama Canal service'' means--
                    (i) service as an employee of the Panama 
                Canal Commission; or
                    (ii) service at a permanent duty station in 
                the Canal Zone or Republic of Panama as an 
                employee of an Executive agency conducting 
                operations in the Canal Zone or Republic of 
                Panama; and
            (B) ``Executive agency'' includes the Smithsonian 
        Institution.
    (6) The annuity of an employee retiring under section 
8336(j) of this title is computed under subsection (a) of this 
section, except that with respect to service on or after 
December 21, 1972, the employee's annuity is--
            (A) 2\1/2\ percent of the employee's average pay 
        multiplied by so much of the employee's service on or 
        after that date as does not exceed 20 years; plus
            (B) 2 percent of the employee's average pay 
        multiplied by so much of the employee's service on or 
        after that date as exceeds 20 years.
    (7) The annuity of an employee who is a judge of the United 
States Court of Appeals for the Armed Forces, or a former judge 
of such court, retiring under this subchapter is computed under 
subsection (a) of this section, except, with respect to his 
service as a judge of such court, his service as a Member, his 
congressional employee service, and his military service (not 
exceeding 5 years) creditable under section 8332 of this title, 
his annuity is computed by multiplying 2\1/2\ percent of his 
average pay by the years of that service.
    (e) The annuity of an employee retiring under section 
8336(e) of this title is computed under subsection (a) of this 
section. That annuity may not be less than 50 percent of the 
average pay of the employee unless such employee has received, 
pursuant to section 8342 of this title, payment of the lump-sum 
credit attributable to deductions under section 8334(a) of this 
title during any period of employment as an air traffic 
controller and such employee has not deposited in the Fund the 
amount received, with interest, pursuant to section 8334(d)(1) 
of this title.
    (f) The annuity computed under subsections (a) through (e), 
(n), (q), (r), and (s) may not exceed 80 percent of--
            (1) the average pay of the employee; or
            (2) the greatest of--
                    (A) the final basic pay of the Member;
                    (B) the average pay of the Member; or
                    (C) the final basic pay of the appointive 
                position of a former Member who elects to have 
                his annuity computed or recomputed under 
                section 8344(d)(1) of this title.
    (g) The annuity of an employee or Member retiring under 
section 8337 of this title is at least the smaller of--
            (1) 40 percent of his average pay; or
            (2) the sum obtained under subsections (a) through 
        (c), (n), (q), (r), or (s) after increasing his service 
        of the type last performed by the period elapsing 
        between the date of separation and the date he becomes 
        60 years of age.
However, if an employee or Member retiring under section 8337 
of this title is receiving retired pay or retainer pay for 
military service (except that specified in section 8332(c)(1) 
of (2) of this title) or pension or compensation from the 
Department of Veterans Affairs in lieu of such retired or 
retainer pay, the annuity of that employee or Member shall be 
computed under subsection (a), (b), (c), (n), (q), (r), or (s), 
as appropriate, excluding credit for military service from that 
computation. If the amount of the annuity so computed, plus the 
retired or retainer pay which is received, or which would be 
received but for the pension or compensation from the 
Department of Veterans Affairs in lieu of such retired or 
retainer pay, is less than the smaller of the annuity otherwise 
payable under paragraph (1) or (2) of this subsection, an 
amount equal to the difference shall be added to the annuity 
payable under subsection (a), (b), (c), (n), (q), (r), or (s), 
as appropriate.
    (h) The annuity computed under subsections (a), (b), 
(d)(5), and (f) of this section for an employee retiring under 
section 8336(d), (h), (j), or (o) of this title is reduced by 
\1/6\ of 1 percent for each full month the employee is under 55 
years of age at the date of separation, except that such 
reduction shall not apply in the case of an employee retiring 
under section 8336(h) for failure to be recertified as a senior 
executive. The annuity computed under subsections (c) and (f) 
of this section for a Member retiring under the second or third 
sentence of section 8336(g) of this title or the third sentence 
of section 8338(b) of this title is reduced by \1/12\ of 1 
percent for each full month not in excess of 60 months, and \1/
6\ of 1 percent for each full month in excess of 60 months the 
Member is under 60 years of age at the date of separation. The 
annuity computed under subsections (a), (d)(6), and (f) of this 
section for a judge of the United States Court of Appeals for 
the Armed Forces retiring under the second sentence of section 
8336(k) of this title or the third sentence of section 8338(c) 
of this title is reduced by \1/12\ of 1 percent for each full 
month not in excess of 60 months, and \1/6\ of 1 percent for 
each full month in excess of 60 months, the judge is under 60 
years of age at the date of separation.
    (i) For the purposes of subsections (a)-(h), (n), (q), (r), 
or (s), the total service of any employee or Member shall not 
include any period of civilian service after July 31, 1920, for 
which retirement deductions or deposits have not been made 
under section 8334(a) of this title unless--
            (1) the employee or Member makes a deposit for such 
        period as provided in section 8334(c) or (d)(1) of this 
        title; or
            (2) no deposit is required for such service, as 
        provided under section 8334(g) of this title or under 
        any statute.
    (j)(1) The annuity computed under subsections (a)-(i), (n), 
(q), (r), and (s) (or a portion of the annuity, if jointly 
designated for this purpose by the employee or Member and the 
spouse of the employee or Member under procedures prescribed by 
the Office of Personnel Management) for an employee or Member 
who is married at the time of retiring under this subchapter is 
reduced as provided in paragraph (4) of this subsection in 
order to provide a survivor annuity for the spouse under 
section 8341(b) of this title, unless the employee or Member 
and the spouse jointly waive the spouse's right to a survivor 
annuity in a written election filed with the Office at the time 
that the employee or Member retires. Each such election shall 
be made in accordance with such requirements as the Office 
shall, by regulation, prescribe, and shall be irrevocable. The 
Office shall provide, by regulation, that an employee or Member 
may waive the survivor annuity without the spouse's consent if 
the employee or Member establishes to the satisfaction of the 
Office--
            (A) that the spouse's whereabouts cannot be 
        determined, or
            (B) that, due to exceptional circumstances, 
        requiring the employee or Member to seek the spouse's 
        consent would otherwise be inappropriate.
    (2) If an employee or Member has a former spouse who is 
entitled to a survivor annuity as provided in section 8341(h) 
of this title, the annuity of the employee or Member computed 
under subsections (a)-(i), (n), (q), (r), and (s) (or any 
designated portion of the annuity, in the event that the former 
spouse is entitled to less than 55 percent of the employee or 
Member's annuity) is reduced as provided in paragraph (4) of 
this subsection.
    (3) An employee or Member who has a former spouse may 
elect, under procedures prescribed by the Office, to have the 
annuity computed under subsections (a)-(i), (n), (q), (r), and 
(s) or a portion thereof reduced as provided in paragraph (4) 
of this subsection in order to provide a survivor annuity for 
such former spouse under section 8341(h) of this title, unless 
all rights to survivor benefits for such former spouse under 
this subchapter based on marriage to such employee or Member 
were waived under paragraph (1) of this subsection. An election 
under this paragraph shall be made at the time of retirement 
or, if later, within 2 years after the date on which the 
marriage of the former spouse to the employee or Member is 
dissolved, subject to a deposit in the Fund by the retired 
employee or Member of an amount determined by the Office, as 
nearly as may be administratively feasible, to reflect the 
amount by which the annuity of such employee or Member would 
have been reduced if the election had been continuously in 
effect since the date the annuity commenced, plus interest. For 
the purposes of the preceding sentence, the annual rate of 
interest for each year during which the annuity would have been 
reduced if the election had been in effect since the date the 
annuity commenced shall be 6 percent. The Office shall, by 
regulation, provide for payment of the deposit required under 
this paragraph by a reduction in the annuity of the employee or 
Member. The reduction shall, to the extent practicable, be 
designed so that the present value of the future reduction is 
actuarially equivalent to the deposit required under this 
paragraph, except that the total reductions in the annuity of 
an employee or Member to pay deposits required by the 
provisions of this paragraph, paragraph (5), or subsection 
(k)(2) shall not exceed 25 percent of the annuity computed 
under subsections (a) through (i), (n), and (q), including 
adjustments under section 8340. The reduction, which shall be 
effective on the same date as the election under this 
paragraph, shall be permanent and unaffected by any future 
termination of the entitlement of the former spouse. Such 
reduction shall be independent of and in addition to the 
reduction required under the first sentence of this paragraph. 
An election under this paragraph--
            (A) shall not be effective to the extent that it--
                    (i) conflicts with--
                            (I) any court order or decree 
                        referred to in subsection (h)(1) of 
                        section 8341 of this title, which was 
                        issued before the date of such 
                        election; or
                            (II) any agreement referred to in 
                        such subsection which was entered into 
                        before such date; or
                    (ii) would cause the total of survivor 
                annuities payable under subsections (b), (d), 
                (f), and (h) of section 8341 of this title 
                based on the service of the employee or Member 
                to exceed 55 percent of the annuity to which 
                the employee or Member is entitled under 
                subsections (a)-(i), (n), (q), (r), and (s); 
                and
            (B) shall not be effective, in the case of an 
        employee or Member who is then married, unless it is 
        made with the spouse's written consent.
The Office shall provide by regulation that subparagraph (B) of 
this paragraph may be waived for either of the reasons set 
forth in the last sentence of paragraph (1) of this subsection. 
In the case of a retired employee or Member whose annuity is 
being reduced in order to provide a survivor annuity for a 
former spouse, an election to provide or increase a survivor 
annuity for any other former spouse (and to continue an 
appropriate reduction) may be made within the same period that, 
and subject to the same conditions under which, an election 
could be made under paragraph (5)(B) of this subsection for a 
current spouse (subject to the provisions of this paragraph 
relating to consent of a current spouse, if the retired 
employee or Member is then married). The opportunity to make an 
election under the preceding sentence is in addition to any 
opportunity otherwise afforded under this paragraph.
    (4) In order to provide a survivor annuity or combination 
of survivor annuities under subsections (b), (d), (f), and (h) 
of section 8341 of this title, the annuity of an employee or 
Member (or any designated portion or portions thereof) is 
reduced by 2\1/2\ percent of the first $3,600 thereof plus 10 
percent of so much thereof as exceeds $3,600.
    (5)(A) Any reduction in an annuity for the purpose of 
providing a survivor annuity for the current spouse of a 
retired employee or Member shall be terminated for each full 
month--
            (i) after the death of the spouse, or
            (ii) after the dissolution of the spouse's marriage 
        to the employee or Member, except that an appropriate 
        reduction shall be made thereafter if the spouse is 
        entitled, as a former spouse, to a survivor annuity 
        under section 8341(h) of this title.
    (B) Any reduction in an annuity for the purpose of 
providing a survivor annuity for a former spouse of a retired 
employee or Member shall be terminated for each full month 
after the former spouse remarries before reaching age 55 or 
dies. This reduction shall be replaced by an appropriate 
reduction or reductions under paragraph (4) of this subsection 
if the retired employee or Member has (i) another former spouse 
who is entitled to a survivor annuity under section 8341(h) of 
this title, (ii) a current spouse to whom the employee or 
Member was married at the time of retirement and with respect 
to whom a survivor annuity was not jointly waived under 
paragraph (1) of this subsection, or (iii) a current spouse 
whom the employee or Member married after retirement and with 
respect to whom an election has been made under subparagraph 
(C) of this paragraph or subsection (k)(2) of this section.
    (C)(i) Upon remarriage, a retired employee or Member who 
was married at the time of retirement (including an employee or 
Member whose annuity was not reduced to provide a survivor 
annuity for the employee or Member's spouse or former spouse as 
of the time of retirement) may irrevocably elect during such 
marriage, in a signed writing received by the Office within 2 
years after such remarriage or, if later, within 2 years after 
the death or remarriage of any former spouse of such employee 
or Member who was entitled to a survivor annuity under section 
8341(h) of this title (or of the last such surviving former 
spouse, if there was more than one), a reduction in the 
employee or Member's annuity under paragraph (4) of this 
subsection for the purpose of providing an annuity for such 
employee or Member's spouse in the event such spouse survives 
the employee or Member.
    (ii) Such election and reduction shall be effective the 
first day of the second month after the election is received by 
the Office, but not less than 9 months after the date of the 
remarriage, and the retired employee or Member shall deposit in 
the Fund an amount determined by the Office of Personnel 
Management, as nearly as may be administratively feasible, to 
reflect the amount by which the annuity of such retired 
employee or Member would have been reduced if the election had 
been in effect since the date of retirement or, if later, the 
date the previous reduction in such retired employee or 
Member's annuity was terminated under subparagraph (A) or (B) 
of this paragraph, plus interest. For the purposes of the 
preceding sentence, the annual rate of interest for each year 
during which an annuity would have been reduced if the election 
had been in effect on and after the applicable date referred to 
in such sentence shall be 6 percent.
                    (iii) \1\ The Office shall, by regulation, 
                provide for payment of the deposit required 
                under clause (ii) by a reduction in the annuity 
                of the employee or Member. The reduction shall, 
                to the extent practicable, be designed so that 
                the present value of the future reduction is 
                actuarially equivalent to the deposit required 
                under clause (ii), except that total reductions 
                in the annuity of an employee or Member to pay 
                deposits required by the provisions of this 
                paragraph or paragraph (3) shall not exceed 25 
                percent of the annuity computed under 
                subsections (a) through (i), (n), and (q), 
                including adjustments under section 8340. The 
                reduction required by this clause, which shall 
                be effective on the same date as the election 
                under clause (i), shall be permanent  and  
                unaffected  by  any  future termination of the 
                marriage. Such reduction shall be independent 
                of and in addition to the reduction required 
                under clause (i).
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    \1\ So in original. The margin of this clause probably should be 
set full measure.
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    (iv) Notwithstanding any other provision of this 
subparagraph, an election under this subparagraph may not be 
made for the purpose of providing an annuity in the case of a 
spouse by remarriage if such spouse was married to the employee 
or Member at the time of such employee or Member's retirement, 
and all rights to survivor benefits for such spouse under this 
subchapter based on marriage to such employee or Member were 
then waived under paragraph (1) of this subsection or a similar 
prior provision of law.
    (v) An election to provide a survivor annuity to a person 
under this subparagraph--
            (I) shall prospectively void any election made by 
        the employee or Member under subsection (k)(1) of this 
        section with respect to such person; or
            (II) shall, if an election was made by the employee 
        or Member under subsection (k)(1) with respect to a 
        different person, prospectively void such election if 
        appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subparagraph.
    (vi) The deposit provisions of clauses (ii) and (iii) of 
this subparagraph shall not apply if--
            (I) the employee or Member makes an election under 
        this subparagraph after having made an election under 
        subsection (k)(1) of this section; and
            (II) the election under subsection (k)(1) becomes 
        void under clause (v) of this subparagraph.
    (k)(1) At the time of retiring under section 8336 or 8338 
of this title, an employee or Member who is found to be in good 
health by the Office may elect a reduced annuity instead of an 
annuity computed under subsections (a)-(i), (n), (q), (r), and 
(s) and name in writing an individual having an insurable 
interest in the employee or Member to receive an annuity under 
section 8341(c) of this title after the death of the retired 
employee or Member. The annuity of the employee or Member 
making the election is reduced by 10 percent, and by 5 percent 
for each full 5 years the individual named is younger than the 
retiring employee or Member. However, the total reduction may 
not exceed 40 percent. An annuity which is reduced under this 
paragraph or any similar prior provision of law shall, 
effective the first day of the month following the death of the 
individual named under this paragraph, be recomputed and paid 
as if the annuity had not been so reduced. In the case of a 
married employee or Member, an election under this paragraph on 
behalf of the spouse may be made only if any right of such 
spouse to a survivor annuity based on the service of such 
employee or Member is waived in accordance with subsection 
(j)(1) of this section.
    (2)(A) An employee or Member, who is unmarried at the time 
of retiring under a provision of law which permits election of 
a reduced annuity with a survivor annuity payable to such 
employee or Member's spouse and who later marries, may 
irrevocably elect, in a signed writing received in the Office 
within 2 years after such employee or Member marries or, if 
later, within 2 years after the death or remarriage of any 
former spouse of such employee or Member who was entitled to a 
survivor annuity under section 8341(h) of this title (or of the 
last such surviving former spouse, if there was more than one), 
a reduction in the retired employee or Member's current annuity 
as provided in subsection (j) of this section.
    (B)(i) The election and reduction shall take effect the 
first day of the first month beginning after the expiration of 
the 9-month period beginning on the date of marriage. Any such 
election to provide a survivor annuity for a person--
            (I) shall prospectively void any election made by 
        the employee or Member under paragraph (1) of this 
        subsection with respect to such person; or
            (II) shall, if an election was made by the employee 
        or Member under such paragraph with respect to a 
        different person, prospectively void such election if 
        appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this paragraph.
    (ii) The retired employee or Member shall deposit in the 
Fund an amount determined by the Office of Personnel 
Management, as nearly as may be administratively feasible, to 
reflect the amount by which the retired employee or Member's 
annuity would have been reduced under subsection (j)(4) of this 
section since the commencing date of the annuity, if the 
employee or Member had been married at the time of retirement 
and had elected to provide a survivor annuity at that time, 
plus interest. For the purposes of the preceding sentence, the 
annual rate of interest for each year during which the annuity 
would have been reduced if the election had been in effect 
since the date of the annuity commenced shall be 6 percent.
            (C) \1\ The Office shall, by regulation, provide 
        for payment of the deposit required under subparagraph 
        (B)(ii) by a reduction in the annuity of the employee 
        or Member. The reduction shall, to the extent 
        practicable, be designed so that the present value of 
        the future reduction is actuarially equivalent to the 
        deposit required under subparagraph (B)(ii), except 
        that total reductions in the annuity of an employee or 
        Member to pay deposits required by this subsection or 
        subsection (j)(3) shall not exceed 25 percent of the 
        annuity computed under subsections (a) through (i), 
        (n), and (q), including adjustments under section 8340. 
        The reduction required by this subparagraph, which 
        shall be effective on the same date as the election 
        under subparagraph (A), shall be permanent and 
        unaffected by any future termination of the marriage. 
        Such reduction shall be independent of and in addition 
        to the reduction required under subparagraph (A).
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    \1\ So in original. The margin of this subparagraph probably should 
be set full measure.
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    (D) Subparagraphs (B)(ii) and (C) of this paragraph shall 
not apply if--
            (i) the employee or Member makes an election under 
        this paragraph after having made an election under 
        paragraph (1) of this subsection; and
            (ii) the election under such paragraph (1) becomes 
        void under subparagraph (B)(i) of this paragraph.
    (l) The annuity computed under subsections (a)-(k), (n), 
(q), (r), and (s) for an employee who is a citizen of the 
United States is increased by $36 for each year of service in 
the employ of--
            (1) the Alaska Engineering Commission, or The 
        Alaska Railroad, in Alaska between March 12, 1914, and 
        July 1, 1923; or
            (2) the Isthmian Canal Commission, or the Panama 
        Railroad Company, on the Isthmus of Panama between May 
        4, 1904, and April 1, 1914.
    (m) In computing any annuity under subsections (a) through 
(e), (n), (q), (r), and (s), the total service of an employee 
who retires on an immediate annuity or dies leaving a survivor 
or survivors entitled to annuity includes, without regard to 
the limitations imposed by subsection (f) of this section, the 
days of unused sick leave to his credit under a formal leave 
system, except that these days will not be counted in 
determining average pay or annuity eligible under this 
subchapter. For the purpose of this subsection, in the case of 
any such employee who is excepted from subchapter I of chapter 
63 of this title under section 6301(2)(x)-(xiii) of this title, 
the days of unused sick leave to his credit include any unused 
sick leave standing to his credit when he was excepted from 
such subchapter.
    (n) The annuity of an employee who is a Claims Court judge, 
bankruptcy judge, or United States magistrate is computed, with 
respect to service as a Claims Court judge, as a commissioner 
of the Court of Claims, as a referee in bankruptcy, as a 
bankruptcy judge, as a United States magistrate, and as a 
United States commissioner, and with respect to the military 
service of any such individual (not exceeding 5 years) 
creditable under section 8332 of this title, by multiplying 
2\1/2\ percent of the individual's average pay by the years of 
that service.
    (o)(1)(A) An employee or Member--
            (i) who, at the time of retirement, is married, and
            (ii) who notifies the Office at such time (in 
        accordance with subsection (j)) that a survivor annuity 
        under section 8341(b) of this title is not desired,
may, during the 18-month period beginning on the date of the 
retirement of such employee or Member, elect to have a 
reduction under subsection (j) made in the annuity of the 
employee or Member (or in such portion thereof as the employee 
or Member may designate) in order to provide a survivor annuity 
for the spouse of such employee or Member.
    (B) An employee or Member--
            (i) who, at the time of retirement, is married, and
            (ii) who at such time designates (in accordance 
        with subsection (j)) that a limited portion of the 
        annuity of such employee or Member is to be used as the 
        base for a survivor annuity under section 8341(b) of 
        this title,
may, during the 18-month period beginning on the date of the 
retirement of such employee or Member, elect to have a greater 
portion of the annuity of such employee or Member so used.
    (2)(A) An election under subparagraph (A) or (B) of 
paragraph (1) of this subsection shall not be considered 
effective unless the amount specified in subparagraph (B) of 
this paragraph is deposited into the Fund before the expiration 
of the applicable 18-month period under paragraph (1).
    (B) The amount to be deposited with respect to an election 
under this subsection is an amount equal to the sum of--
            (i) the additional cost to the System which is 
        associated with providing a survivor annuity under 
        subsection (b)(2) of this section and results from such 
        election taking into account (I) the difference (for 
        the period between the date on which the annuity of the 
        participant or former participant commences and the 
        date of the election) between the amount paid to such 
        participant or former participant under this subchapter 
        and the amount which would have been paid if such 
        election had been made at the time the participant or 
        former participant applied for the annuity, and (II) 
        the costs associated with providing for the later 
        election; and
            (ii) interest on the additional cost determined 
        under clause (i) of this subparagraph computed using 
        the interest rate specified or determined under section 
        8334(e) of this title for the calendar year in which 
        the amount to be deposited is determined.
    (3) An election by an employee or Member under this 
subsection voids prospectively any election previously made in 
the case of such employee or Member under subsection (j).
    (4) An annuity which is reduced in connection with an 
election under this subsection shall be reduced by the same 
percentage reductions as were in effect at the time of 
retirement of the employee or Member whose annuity is so 
reduced.
    (5) Rights and obligations resulting from the election of a 
reduced annuity under this subsection shall be the same as the 
rights and obligations which would have resulted had the 
employee or Member involved elected such annuity at the time of 
retiring.
    (6) The Office shall, on an annual basis, inform each 
employee or Member who is eligible to make an election under 
this subsection of the right to make such election and the 
procedures and deadlines applicable to such election.
    (p)(1) In computing an annuity under this subchapter for an 
employee whose service includes service that was performed on a 
part-time basis--
            (A) the average pay of the employee, to the extent 
        that it includes pay for service performed in any 
        position on a part-time basis, shall be determined by 
        using the annual rate of basic pay that would be 
        payable for full-time service in the position; and
            (B) the benefit so computed shall then be 
        multiplied by a fraction equal to the ratio which the 
        employee's actual service, as determined by prorating 
        an employee's total service to reflect the service that 
        was performed on a part-time basis, bears to the total 
        service that would be creditable for the employee if 
        all of the service had been performed on a full-time 
        basis.
    (2) For the purpose of this subsection, employment on a 
part-time basis shall not be considered to include employment 
on a temporary or intermittent basis.
    (q) The annuity of a member of the Capitol Police, or 
former member of the Capitol Police, retiring under this 
subchapter is computed in accordance with subsection (b), 
except that, in the case of a member who retires under section 
8335(c) or 8336(m), and who meets the requirements of 
subsection (b)(2), the annuity of such member is--
            (1) 2\1/2\ percent of the member's average pay 
        multiplied by so much of such member's total service as 
        does not exceed 20 years; plus
            (2) 2 percent of the member's average pay 
        multiplied by so much of such member's total service as 
        exceeds 20 years.
    (r) The annuity of a member of the Supreme Court Police, or 
former member of the Supreme Court Police, retiring under this 
subchapter is computed in accordance with subsection (d).
    (s) \1\ The annuity of a Member who has served in a 
position in the executive branch for which the rate of basic 
pay was reduced for the duration of the service of the Member 
in that position to remove the impediment to the appointment of 
the Member imposed by article I, section 6, clause 2 of the 
Constitution, shall, subject to a deposit in the Fund as 
provided under section 8334(m), be computed as though the rate 
of basic pay which would otherwise have been in effect during 
that period of service had been in effect.
---------------------------------------------------------------------------
    \1\ So in law. See section 308(b)(4) of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2001 (as enacted into law by section 1(a)(2) of 
Public Law 106-553; 114 Stat. 2762A-87, Appendix B) and section 3(b)(1) 
of the Federal Physicians Comparability Allowance Amendments of 2000 
(Public Law 106-571; 114 Stat. 3055).
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    (s)(1) \1\ For purposes of this subsection, the term 
``physicians comparability allowance'' refers to an amount 
described in section 8331(3)(H).
    (2) Except as otherwise provided in this subsection, no 
part of a physicians comparability allowance shall be treated 
as basic pay for purposes of any computation under this section 
unless, before the date of the separation on which entitlement 
to annuity is based, the separating individual has completed at 
least 15 years of service as a Government physician (whether 
performed before, on, or after the date of the enactment of 
this subsection).
    (3) If the condition under paragraph (2) is met, then, any 
amounts received by the individual in the form of a physicians 
comparability allowance shall (for the purposes referred to in 
paragraph (2)) be treated as basic pay, but only to the extent 
that such amounts are attributable to service performed on or 
after the date of the enactment of this subsection, and only to 
the extent of the percentage allowable, which shall be 
determined as follows:

If the total amount of service                                          
  performed, on or after the date of                Then, the percentage
   the enactment of this subsection,                   allowable is:    
  as a Government physician is:                                         
    Less than 2 years.........................................    0     
    At least 2 but less than 4 years..........................   25     
    At least 4 but less than 6 years..........................   50     
    At least 6 but less than 8 years..........................   75     
    At least 8 years..........................................  100.    

    (4) Notwithstanding any other provision of this subsection, 
100 percent of all amounts received as a physicians 
comparability allowance shall, to the extent attributable to 
service performed on or after the date of the enactment of this 
subsection, be treated as basic pay (without regard to any of 
the preceding provisions of this subsection) for purposes of 
computing--
            (A) an annuity under subsection (g); and
            (B) a survivor annuity under section 8341, if based 
        on the service of an individual who dies before 
        separating from service.

Sec. 8340. Cost-of-living adjustment of annuities

    (a) For the purpose of this section--
            (1) the term ``base quarter'', as used with respect 
        to a year, means the calendar quarter ending on 
        September 30, of such year; and
            (2) the price index for a base quarter is the 
        arithmetical mean of such index for the 3 months 
        comprising such quarter.
    (b) Except as provided in subsection (c) of this section, 
effective December 1 of each year, each annuity payable from 
the Fund having a commencing date not later than such December 
1 shall be increased by the percent change in the price index 
for the base quarter of such year over the price index for the 
base quarter of the preceding year in which an adjustment under 
this subsection was made, adjusted to the nearest \1/10\ of 1 
percent.
    (c) Eligibility for an annuity increase under this section 
is governed by the commencing date of each annuity payable from 
the Fund as of the effective date of an increase, except as 
follows:
            (1) The first increase (if any) made under 
        subsection (b) of this section to an annuity which is 
        payable from the Fund to an employee or Member who 
        retires, to the widow, widower, or former spouse, of a 
        deceased employee or Member, or to the widow, widower, 
        former spouse, or insurable interest designee of a 
        deceased annuitant whose annuity has not been increased 
        under this subsection or subsection (b) of this 
        section, shall be equal to the product (adjusted to the 
        nearest \1/10\ of 1 percent) of--
                    (A) \1/12\ of the applicable percent change 
                computed under subsection (b) of this section, 
                multiplied by
                    (B) the number of months (not to exceed 12 
                months, counting any portion of a month as a 
                month)--
                            (i) for which the annuity was 
                        payable from the Fund before the 
                        effective date of the increase, or
                            (ii) in the case of a widow, 
                        widower, former spouse, or insurable 
                        interest designee of a deceased 
                        annuitant whose annuity has not been so 
                        increased, since the annuity was first 
                        payable to the deceased annuitant.
            (2) Effective from its commencing date, an annuity 
        payable from the Fund to an annuitant's survivor 
        (except a child entitled under section 8341(e) of this 
        title), which annuity commences the day after the death 
        of the annuitant and after the effective date of the 
        first increase under this section, shall be increased 
        by the total percent increase the annuitant was 
        receiving under this section at death. However, the 
        increase in a survivor annuity authorized by section 8 
        of the Act of May 29, 1930, as amended to July 6, 1950, 
        shall be computed as if the annuity commencing date had 
        been the effective date of the first increase under 
        this section.
            (3) For the purpose of computing the annuity of a 
        child under section 8341(e) of this title that 
        commences after October 31, 1969, the items $900, 
        $1,080, $2,700, and $3,240 appearing in section 8341(e) 
        of this title shall be increased by the total percent 
        increases allowed and in force under this section on or 
        after such day and, in case of a deceased annuitant, 
        the items 60 percent and 75 percent appearing in 
        section 8341(e) of this title shall be increased by the 
        total percent allowed and in force to the annuitant 
        under this section on or after such day.
    (d) This section does not authorize an increase in an 
additional annuity purchased at retirement by voluntary 
contributions.
    (e) The monthly installment of annuity after adjustment 
under this section shall be rounded to the next lowest dollar. 
However, the monthly installment shall after adjustment reflect 
an increase of at least $1.
    (f) Effective September 1, 1966, or on the commencing date 
of annuity, whichever is later, the annuity of each surviving 
spouse whose entitlement to annuity payable from the Fund 
resulted from the death of--
            (1) an employee or Member before October 11, 1962; 
        or
            (2) a retired employee or Member whose retirement 
        was based on a separation from service before October 
        11, 1962;
is increased by 10 percent.
    (g)(1) An annuity shall not be increased by reason of any 
adjustment under this section to an amount which exceeds the 
greater of--
            (A) the maximum pay payable for GS-15 30 days 
        before the effective date of the adjustment under this 
        section; or
            (B) the final pay (or average pay, if higher) of 
        the employee or Member with respect to whom the annuity 
        is paid, increased by the overall annual average 
        percentage adjustments (compounded) in rates of pay of 
        the General Schedule under subchapter I of chapter 53 
        of this title during the period--
                    (i) beginning on the date the annuity 
                commenced (or, in the case of a survivor of the 
                retired employee or Member, the date the 
                employee's or Member's annuity commenced), and
                    (ii) ending on the effective date of the 
                adjustment under this section.
    (2) For the purposes of paragraph (1) of this subsection, 
``pay'' means the rate of salary or basic pay as payable under 
any provision of law, including any provision of law limiting 
the expenditure of appropriated funds.

Sec. 8341. Survivor annuities

    (a) For the purpose of this section--
            (1) ``widow'' means the surviving wife of an 
        employee or Member who--
                    (A) was married to him for at least 9 
                months immediately before his death; or
                    (B) is the mother of issue by that 
                marriage;
            (2) ``widower'' means the surviving husband of an 
        employee or Member who--
                    (A) was married to her for at least 9 
                months immediately before her death; or
                    (B) is the father of issue by that 
                marriage;
            (3) ``dependent'', in the case of any child, means 
        that the employee or Member involved was, at the time 
        of the employee or Member's death, either living with 
        or contributing to the support of such child, as 
        determined in accordance with such regulations as the 
        Office of Personnel Management shall prescribe; and
            (4) ``child'' means--
                    (A) an unmarried dependent child under 18 
                years of age, including (i) an adopted child, 
                and (ii) a stepchild but only if the stepchild 
                lived with the employee or Member in a regular 
                parent-child relationship, and (iii) a 
                recognized natural child, and (iv) a child who 
                lived with and for whom a petition of adoption 
                was filed by an employee or Member, and who is 
                adopted by the surviving spouse of the employee 
                or Member after his death;
                    (B) such unmarried dependent child 
                regardless of age who is incapable of self-
                support because of mental or physical 
                disability incurred before age 18; or
                    (C) such unmarried dependent child between 
                18 and 22 years of age who is a student 
                regularly pursuing a full-time course of study 
                or training in residence in a high school, 
                trade school, technical or vocational 
                institute, junior college, college, university, 
                or comparable recognized educational 
                institution.
        For the purpose of this paragraph and subsection (e) of 
        this section, a child whose 22nd birthday occurs before 
        July 1 or after August 31 of a calendar year, and while 
        he is regularly pursuing such a course of study or 
        training, is deemed to have become 22 years of age on 
        the first day of July after that birthday. A child who 
        is a student is deemed not to have ceased to be a 
        student during an interim between school years if the 
        interim is not more than 5 months and if he shows to 
        the satisfaction of the Office of Personnel Management 
        that he has a bona fide intention of continuing to 
        pursue a course of study or training in the same or 
        different school during the school semester (or other 
        period into which the school year is divided) 
        immediately after the interim.
    (b)(1) Except as provided in paragraph (2) of this 
subsection, if an employee or Member dies after having retired 
under this subchapter and is survived by a widow or widower, 
the widow or widower is entitled to an annuity equal to 55 
percent (or 50 percent if retired before October 11, 1962) of 
an annuity computed under section 8339 (a)-(i), (n), (p), (q), 
(r), and (s) as may apply with respect to the annuitant, or of 
such portion thereof as may have been designated for this 
purpose under section 8339(j)(1) of this title, unless the 
right to a survivor annuity was waived under section 8339(j)(1) 
or, in the case of remarriage, the employee or Member did not 
file an election under section 8339(j)(5)(C) or section 
8339(k)(2) of this title, as the case may be.
    (2) If an annuitant--
            (A) who retired before April 1, 1948; or
            (B) who elected a reduced annuity provided in 
        paragraph (2) of section 8339(k) of this title;
dies and is survived by a widow or widower, the widow or 
widower is entitled to an annuity in an amount which would have 
been paid had the annuitant been married to the widow or 
widower at the time of retirement.
    (3) A spouse acquired after retirement is entitled to a 
survivor annuity under this subsection only upon electing this 
annuity instead of any other survivor benefit to which he may 
be entitled under this subchapter or another retirement system 
for Government employees. The annuity of the widow or widower 
under this subsection commences on the day after the annuitant 
dies. This annuity and the right thereto terminate on the last 
day of the month before the widow or widower--
            (A) dies; or
            (B) except as provided in subsection (k), remarries 
        before becoming 55 years of age.
    (4) Notwithstanding the preceding provisions of this 
subsection, the annuity payable under this subsection to the 
widow or widower of a retired employee or Member may not exceed 
the difference between--
            (A) the amount which would otherwise be payable to 
        such widow or widower under this subsection (determined 
        without regard to any waiver or designation under 
        section 8339(j)(1) of this title or a prior similar 
        provision of law), and
            (B) the amount of the survivor annuity payable to 
        any former spouse of such employee or Member under 
        subsection (h) of this section.
    (c) The annuity of a survivor named under section 
8339(k)(1) of this title is 55 percent of the reduced annuity 
of the retired employee or Member. The annuity of the survivor 
commences on the day after the retired employee or Member dies. 
This annuity and the right thereto terminate on the last day of 
the month before the survivor dies.
    (d) If an employee or Member dies after completing at least 
18 months of civilian service, his widow or widower is entitled 
to an annuity equal to 55 percent of an annuity computed under 
section 8339(a)-(f), (i), (n), (p), (q), (r), and (s) as may 
apply with respect to the employee or Member, except that, in 
the computation of the annuity under such section, the annuity 
of the employee or Member shall be at least the smaller of--
            (1) 40 percent of his average pay; or
            (2) the sum obtained under such section after 
        increasing his service of the type last performed by 
        the period elapsing between the date of death and the 
        date he would have become 60 years of age.
Notwithstanding the preceding sentence, the annuity payable 
under this subsection to the widow or widower of an employee or 
Member may not exceed the difference between--
            (A) the amount which would otherwise be payable to 
        such widow or widower under this subsection, and
            (B) the amount of the survivor annuity payable to 
        any former spouse of such employee or Member under 
        subsection (h) of this section.
The annuity of the widow or widower commences on the day after 
the employee or Member dies. This annuity and the right thereto 
terminate on the last day of the month before the widow or 
widower--
            (i) dies; or
            (ii) except as provided in subsection (k), 
        remarries before becoming 55 years of age.
    (e)(1) For the purposes of this subsection, ``former 
spouse'' includes a former spouse who was married to an 
employee or Member for less than 9 months and a former spouse 
of an employee or Member who completed less than 18 months of 
service covered by this subchapter.
    (2) If an employee or Member dies after completing at least 
18 months of civilian service, or an employee or Member dies 
after retiring under this subchapter, and is survived by a 
spouse or a former spouse who is the natural or adoptive parent 
of a surviving child of the employee or Member, that surviving 
child is entitled to an annuity equal to the smallest of--
            (A) 60 percent of the average pay of the employee 
        or Member divided by the number of children;
            (B) $900; or
            (C) $2,700 divided by the number of children;
subject to section 8340 of this title. If the employee or 
Member is not survived by a spouse or a former spouse who is 
the natural or adoptive parent of a surviving child of the 
employee or Member, that surviving child is entitled to an 
annuity equal to the smallest of--
            (i) 75 percent of the average pay of the employee 
        or Member divided by the number of children;
            (ii) $1,080; or
            (iii) $3,240 divided by the number of children;
subject to section 8340 of this title.
    (3) The annuity of a child under this subchapter or under 
the Act of May 29, 1930, as amended from and after February 28, 
1948, commences on the day after the employee or Member dies, 
or commences or resumes on the first day of the month in which 
the child later becomes or again becomes a student as described 
by subsection (a)(3) of this section, if any lump sum paid is 
returned to the Fund. This annuity and the right thereto 
terminate on the last day of the month before the child--
            (A) becomes 18 years of age unless he is then a 
        student as described or incapable of self-support;
            (B) becomes capable of self-support after becoming 
        18 years of age unless he is then such a student;
            (C) becomes 22 years of age if he is then such a 
        student and capable of self-support;
            (D) ceases to be such a student after becoming 18 
        years of age unless he is then incapable of self-
        support; or
            (E) dies or marries;
whichever first occurs. On the death of the surviving spouse or 
former spouse or termination of the annuity of a child, the 
annuity of any other child or children shall be recomputed and 
paid as though the spouse, former spouse, or child had not 
survived the employee or Member.
    (4) If the annuity of a child under this subchapter 
terminates under paragraph (3)(E) because of marriage, then, if 
such marriage ends, such annuity shall resume on the first day 
of the month in which it ends, but only if--
            (A) any lump sum paid is returned to the Fund; and
            (B) that individual is not otherwise ineligible for 
        such annuity.
    (f) If a Member heretofore or hereafter separated from the 
service with title to deferred annuity from the Fund hereafter 
dies before having established a valid claim for annuity and is 
survived by a spouse to whom married at the date of separation, 
the surviving spouse--
            (1) is entitled to an annuity equal to 55 percent 
        of the deferred annuity of the Member commencing on the 
        day after the Member dies and terminating on the last 
        day of the month before the surviving spouse dies or 
        remarries; or
            (2) may elect to receive the lump-sum credit 
        instead of annuity if the spouse is the individual who 
        would be entitled to the lump-sum credit and files 
        application therefor with the Office before the award 
        of the annuity.
Notwithstanding the preceding sentence, an annuity payable 
under this subsection to the surviving spouse of a Member may 
not exceed the difference between--
            (A) the annuity which would otherwise be payable to 
        such surviving spouse under this subsection, and
            (B) the amount of the survivor annuity payable to 
        any former spouse of such Member under subsection (h) 
        of this section.
    (g) In the case of a surviving spouse whose annuity under 
this section is terminated because of remarriage before 
becoming 55 years of age, annuity at the same rate shall be 
restored commencing on the day the remarriage is dissolved by 
death, annulment, or divorce, if--
            (1) the surviving spouse elects to receive this 
        annuity instead of a survivor benefit to which he may 
        be entitled, under this subchapter or another 
        retirement system for Government employees, by reason 
        of the remarriage; and
            (2) any lump sum paid on termination of the annuity 
        is returned to the Fund.
    (h)(1) Subject to paragraphs (2) through (5) of this 
subsection, a former spouse of a deceased employee, Member, 
annuitant, or former Member who was separated from the service 
with title to a deferred annuity under section 8338(b) of this 
title is entitled to a survivor annuity under this subsection, 
if and to the extent expressly provided for in an election 
under section 8339(j)(3) of this title, or in the terms of any 
decree of divorce or annulment or any court order or court-
approved property settlement agreement incident to such decree.
    (2)(A) The annuity payable to a former spouse under this 
subsection may not exceed the difference between--
            (i) the amount applicable in the case of such 
        former spouse, as determined under subparagraph (B) of 
        this paragraph, and
            (ii) the amount of any annuity payable under this 
        subsection to any other former spouse of the employee, 
        Member, or annuitant, based on an election previously 
        made under section 8339(j)(3) of this title, or a court 
        order previously issued.
    (B) The applicable amount, for purposes of subparagraph 
(A)(i) of this paragraph in the case of a former spouse, is the 
amount which would be applicable--
            (i) under subsection (b)(4)(A) of this section in 
        the case of a widow or widower, if the deceased was an 
        employee or Member who died after retirement;
            (ii) under subparagraph (A) of subsection (d) of 
        this section in the case of a widow or widower, if the 
        deceased was an employee or Member described in the 
        first sentence of such subsection; or
            (iii) under subparagraph (A) of subsection (f) of 
        this section in the case of a surviving spouse, if the 
        deceased was a Member described in the first sentence 
        of such subsection.
    (3) The commencement and termination of an annuity payable 
under this subsection shall be governed by the terms of the 
applicable order, decree, agreement, or election, as the case 
may be, except that any such annuity--
            (A) shall not commence before--
                    (i) the day after the employee, Member, or 
                annuitant dies, or
                    (ii) the first day of the second month 
                beginning after the date on which the Office 
                receives written notice of the order, decree, 
                agreement, or election, as the case may be, 
                together with such additional information or 
                documentation as the Office may prescribe,
        whichever is later, and
            (B) shall terminate--
                    (i) except as provided in subsection (k), 
                in the case of an annuity computed by reference 
                to clause (i) or (ii) of paragraph (2)(B) of 
                this subsection, no later than the last day of 
                the month before the former spouse remarries 
                before becoming 55 years of age or dies; or
                    (ii) in the case of an annuity computed by 
                reference to clause (iii) of such paragraph, no 
                later than the last day of the month before the 
                former spouse remarries or dies.
    (4) For purposes of this subchapter, a modification in a 
decree, order, agreement, or election referred to in paragraph 
(1) of this subsection shall not be effective--
            (A) if such modification is made after the 
        retirement or death of the employee or Member 
        concerned, and
            (B) to the extent that such modification involves 
        an annuity under this subsection.
    (5) For purposes of this subchapter, a decree, order, 
agreement, or election referred to in paragraph (1) of this 
subsection shall not be effective, in the case of a former 
spouse, to the extent that it is inconsistent with any joint 
designation or waiver previously executed with respect to such 
former spouse under section 8339(j)(1) of this title or a 
similar prior provision of law.
    (6) Any payment under this subsection to a person bars 
recovery by any other person.
    (7) As used in this subsection, ``court'' means any court 
of any State, the District of Columbia, and Commonwealth of 
Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin 
Islands, and any Indian court.
    (i) The requirement in subsections (a)(1)(A) and (a)(2)(A) 
of this section that the surviving spouse of an employee or 
Member have been married to such employee or Member for at 
least 9 months immediately before the employee or Member's 
death in order to qualify as the widow or widower of such 
employee or Member shall be deemed satisfied in any case in 
which the employee or Member dies within the applicable 9-month 
period, if--
            (1) the death of the employee or Member was 
        accidental; or
            (2) the surviving spouse of such individual had 
        been previously married to the individual and 
        subsequently divorced, and the aggregate time married 
        is at least 9 months.
    (k)(1) \1\ Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) 
(to the extent that they provide for termination of a survivor 
annuity because of a remarriage before age 55) shall not apply 
if the widow, widower, or former spouse was married for at 
least 30 years to the individual on whose service the survivor 
annuity is based.
---------------------------------------------------------------------------
    \1\ So in law. This subsection (as added by section 518 of Public 
Law 105-61; 111 Stat. 1307) probably should have been a new subsection 
(j).
---------------------------------------------------------------------------
    (2) A remarriage described in paragraph (1) shall not be 
taken into account for purposes of section 8339(j)(5)(B) or (C) 
or any other provision of this chapter which the Office may by 
regulation identify in order to carry out the purposes of this 
subsection.

Sec. 8342. Lump-sum benefits; designation of beneficiary; order of 
                    precedence

    (a) Subject to subsection (j) of this section, an employee 
or Member who--
            (1)(A) is separated from the service for at least 
        thirty-one consecutive days; or
            (B) is transferred to a position in which he is not 
        subject to this subchapter, or chapter 84 of this 
        title, and remains in such a position for at least 
        thirty-one consecutive days;
            (2) files an application with the Office of 
        Personnel Management for payment of the lump-sum 
        credit;
            (3) is not reemployed in a position in which he is 
        subject to this subchapter, or chapter 84 of this 
        title, at the time he files the application; and
            (4) will not become eligible to receive an annuity 
        within thirty-one days after filing the application,
is entitled to be paid the lump-sum credit. Except as provided 
in section 8343a or 8334(d)(2) of this title, the receipt of 
the payment of the lump-sum credit by the employee or Member 
voids all annuity rights under this subchapter based on the 
service on which the lump-sum credit is based, until the 
employee or Member is reemployed in the service subject to this 
subchapter. In applying this subsection to an employee or 
Member who becomes subject to chapter 84 (other than by an 
election under title III of the Federal Employees' Retirement 
System Act of 1986) and who, while subject to such chapter, 
files an application with the Office for a payment under this 
subsection--
            (i) entitlement to payment of the lump-sum credit 
        shall be determined without regard to paragraph (1) or 
        (3) if, or to the extent that, such lump-sum credit 
        relates to service of a type described in clauses (i) 
        through (iii) of section 302(a)(1)(C) of the Federal 
        Employees' Retirement System Act of 1986; and
            (ii) if, or to the extent that, the lump-sum credit 
        so relates to service of a type referred to in clause 
        (i), it shall (notwithstanding section 8331(8)) consist 
        of--
                    (I) the amount by which any unrefunded 
                amount described in section 8331(8) (A) or (B) 
                relating to such service, exceeds 1.3 percent 
                of basic pay for such service; and
                    (II) interest on the amount payable under 
                subclause (I), computed in a manner consistent 
                with applicable provisions of section 8331(8).
    (b) Under regulations prescribed by the Office, a present 
or former employee or Member may designate a beneficiary or 
beneficiaries for the purpose of this subchapter.
    (c) Lump-sum benefits authorized by subsections (d)-(f) of 
this section shall be paid to the person or persons surviving 
the employee or Member and alive at the date title to the 
payment arises in the following order of precedence, and the 
payment bars recovery by any other person:
            First, to the beneficiary or beneficiaries 
        designated by the employee or Member in a signed and 
        witnessed writing received in the Office before his 
        death. For this purpose, a designation, change, or 
        cancellation of beneficiary in a will or other document 
        not so executed and filed has no force or effect.
            Second, if there is no designated beneficiary, to 
        the widow or widower of the employee or Member.
            Third, if none of the above, to the child or 
        children of the employee or Member and descendants of 
        deceased children by representation.
            Fourth, if none of the above, to the parents of the 
        employee or Member or the survivor of them.
            Fifth, if none of the above, to the duly appointed 
        executor or administrator of the estate of the employee 
        or Member.
            Sixth, if none of the above, to such other next of 
        kin of the employee or Member as the Office determines 
        to be entitled under the laws of the domicile of the 
        employee or Member at the date of his death.
For the purpose of this subsection, ``child'' includes a 
natural child and an adopted child, but does not include a 
stepchild.
    (d) If an employee or Member dies--
            (1) without a survivor; or
            (2) with a survivor or survivors and the right of 
        all survivors terminates before a claim for survivor 
        annuity is filed;
or if a former employee or Member not retired dies, the lump-
sum credit shall be paid.
    (e) If all annuity rights under this subchapter based on 
the service of a deceased employee or Member terminate before 
the total annuity paid equals the lump-sum credit, the 
difference shall be paid.
    (f) If an annuitant dies, annuity accrued and unpaid shall 
be paid.
    (g) Annuity accrued and unpaid on the termination, except 
by death, of the annuity of an annuitant or survivor annuitant 
shall be paid to that individual. Annuity accrued and unpaid on 
the death of a survivor annuitant shall be paid in the 
following order of precedence, and the payment bars recovery by 
any other person:
            First, to the duly appointed executor or 
        administrator of the estate of the survivor annuitant.
            Second, if there is no executor or administrator, 
        payment may be made, after 30 days from the date of 
        death of the survivor annuitant, to such next of kin of 
        the survivor annuitant as the Office determines to be 
        entitled under the laws of the domicile of the survivor 
        annuitant at the date of his death.
    (h) Amounts deducted and withheld from the basic pay of an 
employee or Member from the first day of the first month which 
begins after he has performed sufficient service (excluding 
service which the employee or Member elects to eliminate for 
the purpose of annuity computation under section 8339 of this 
title) to entitle him to the maximum annuity provided by 
section 8339 of this title, together with interest on the 
amounts at the rate of 3 percent a year compounded annually 
from the date of the deductions to the date of retirement or 
death, shall be applied toward any deposit due under section 
8334 of this title, and any balance not so required is deemed a 
voluntary contribution for the purpose of section 8343 of this 
title.
    (i) An employee who--
            (1) is separated from the service before July 12, 
        1960; and
            (2) continues in the service after July 12, 1960, 
        without break in service of 1 workday or more;
is entitled to the benefits of subsection (h) of this section.
    (j)(1)(A) Payment of the lump-sum credit under subsection 
(a) may be made only if the spouse, if any, and any former 
spouse of the employee or Member are notified of the employee 
or Member's application.
    (B) The Office shall prescribe regulations under which the 
lump-sum credit shall not be paid without the consent of a 
spouse or former spouse of the employee or Member where the 
Office has received such additional information and 
documentation as the Office may require that--
            (i) a court order bars payment of the lump-sum 
        credit in order to preserve the court's ability to 
        award an annuity under section 8341(h) or section 
        8345(j); or
            (ii) payment of the lump-sum credit would 
        extinguish the entitlement of the spouse or former 
        spouse, under a court order on file with the Office, to 
        a survivor annuity under section 8341(h) or to any 
        portion of an annuity under section 8345( j).
    (2)(A) Notification of a spouse or former spouse under this 
subsection shall be made in accordance with such requirements 
as the Office shall by regulation prescribe.
    (B) Under the regulations, the Office may provide that 
paragraph (1)(A) of this subsection may be waived with respect 
to a spouse or former spouse if the employee or Member 
establishes to the satisfaction of the Office that the 
whereabouts of such spouse or former spouse cannot be 
determined.
    (3) The Office shall prescribe regulations under which this 
subsection shall be applied in any case in which the Office 
receives two or more such orders or decrees.

Sec. 8343. Additional annuities; voluntary contributions

    (a) Under regulations prescribed by the Office of Personnel 
Management, an employee or Member may voluntarily contribute 
additional sums in multiples of $25, but the total may not 
exceed 10 percent of his basic pay for creditable service after 
July 31, 1920. The voluntary contribution account in each case 
is the sum of unrefunded contributions, plus interest at 3 
percent a year through December 31, 1984, and thereafter at the 
rate computed under section 8334(e) of this title, compounded 
annually to--
            (1) the date of payment under subsection (d) of 
        this section, separation, or transfer to a position in 
        which he does not continue subject to this subchapter, 
        whichever is earliest; or
            (2) the commencing date fixed for a deferred 
        annuity or date of death, whichever is earlier, in the 
        case of an individual who is separated with title to 
        deferred annuity and does not claim the voluntary 
        contribution account.
    (b) The voluntary contribution account is used to purchase 
at retirement an annuity in addition to the annuity otherwise 
provided. For each $100 in the voluntary contribution account, 
the additional annuity consists of $7, increased by 20 cents 
for each full year, if any, the employee or Member is over 55 
years of age at the date of retirement.
    (c) A retiring employee or Member may elect a reduced 
additional annuity instead of the additional annuity described 
by subsection (b) of this section and designate in writing an 
individual to receive after his death an annuity of 50 percent 
of his reduced additional annuity. The additional annuity of 
the employee or Member making the election is reduced by 10 
percent, and by 5 percent for each full 5 years the individual 
designated is younger than the retiring employee or Member. 
However, the total reduction may not exceed 40 percent.
    (d) A present or former employee or Member is entitled to 
be paid the voluntary contribution account if he files 
application for payment with the Office before receiving an 
additional annuity. An individual who has been paid the 
voluntary contribution account may not again deposit additional 
sums under this section until, after a separation from the 
service of more than 3 calendar days, he again becomes subject 
to this subchapter.
    (e) If a present or former employee or Member not retired 
dies, the voluntary contribution account is paid under section 
8342(c) of this title. If all additional annuities or any right 
thereto based on the voluntary contribution account of a 
deceased employee or Member terminate before the total 
additional annuity paid equals the account, the difference is 
paid under section 8342(c) of this title.

Sec. 8343a. Alternative forms of annuities

    (a) The Office of Personnel Management shall prescribe 
regulations under which any employee or Member who has a life-
threatening affliction or other critical medical condition may, 
at the time of retiring under this subchapter (other than under 
section 8337 of this title), elect annuity benefits under this 
section instead of any other benefits under this subchapter 
(including any benefits under section 8341 of this title) based 
on the service of the employee or Member.
    (b) Subject to subsection (c), the Office shall by 
regulation provide for such alternative forms of annuities as 
the Office considers appropriate, except that among the 
alternatives offered shall be--
            (1) an alternative which provides for--
                    (A) payment of the lump-sum credit to the 
                employee or Member; and
                    (B) payment of an annuity to the employee 
                or Member for life; and
            (2) in the case of an employee or Member who is 
        married at the time of retirement, an alternative which 
        provides for--
                    (A) payment of the lump-sum credit to the 
                employee or Member; and
                    (B) payment of an annuity to the employee 
                or Member for life, with a survivor annuity 
                payable for the life of a surviving spouse.
    (c) Each alternative provided for under subsection (b) 
shall, to the extent practicable, be designed such that the 
present value of the benefits provided under such alternative 
(including any lump-sum credit) is actuarially equivalent to 
the present value of the annuity which would otherwise be 
provided the employee or Member under this subchapter, as 
computed under subsections (a)-(i), (n), and (q) of section 
8339 of this title.\1\
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    \1\ Section 516(a)(5) of the Treasury and General Governement 
Appropriations Act, 1998 (Public Law 105-61; 111 Stat. 1306) amends 
``section 8334a(c)'' by striking ``and (q) of section 8339 of this 
title'' and inserting ``(q), and (r) of section 8339''. The amendment 
was not executed because it should have been made to ``section 8343a''.

    Section 308(h)(5) of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 2001 (as 
enacted into law by section 1(a)(2) of Public Law 106-553; 114 Stat. 
2762A-89, Appendix B) attempts to amend this provision by striking 
``(a)-(i), (n), (q), and (r)'' and inserting ``(a)-(i), (n), (q), (r), 
and (s)''.
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    (d) An employee or Member who, at the time of retiring 
under this subchapter--
            (1) is married, shall be ineligible to make an 
        election under this section unless a waiver is made 
        under section 8339(j)(1) of this title; or
            (2) has a former spouse, shall be ineligible to 
        make an election under this section if the former 
        spouse is entitled to benefits under section 8341(h) or 
        8345(j) of this title (based on the service of the 
        employee or Member) under the terms of a decree of 
        divorce or annulment, or a court order or court-
        approved property settlement incident to any such 
        decree, with respect to which the Office has been duly 
        notified.
    (e) An employee or Member who is married at the time of 
retiring under this subchapter and who makes an election under 
this section may, during the 18-month period beginning on the 
date of retirement, make the election provided for under 
section 8339(o) of this title, subject to the deposit 
requirement thereunder.

Sec. 8344. Annuities and pay on reemployment

    (a) If an annuitant receiving annuity from the Fund, 
except--
            (1) a disability annuitant whose annuity is 
        terminated because of his recovery or restoration of 
        earning capacity;
            (2) an annuitant whose annuity, based on an 
        involuntary separation (other than an automatic 
        separation or an involuntary separation for cause on 
        charges of misconduct or delinquency), is terminated 
        under subsection (b) of this section;
            (3) an annuitant whose annuity is terminated under 
        subsection (c) of this section; or
            (4) a Member receiving annuity from the Fund;
becomes employed in an appointive or elective position, his 
service on and after the date he is so employed is covered by 
this subchapter. Deductions for the Fund may not be withheld 
from his pay unless the individual elects to have such 
deductions withheld under subparagraph (A). An amount equal to 
the annuity allocable to the period of actual employment shall 
be deducted from his pay, except for lump-sum leave payment 
purposes under section 5551 of this title. The amounts so 
deducted shall be deposited in the Treasury of the United 
States to the credit of the Fund. If the annuitant serves on a 
full-time basis, except as President, for at least 1 year, on a 
part-time basis for periods equivalent to at least 1 year of 
full-time service, in employment not excluding him from 
coverage under section 8331(1) (i) or (ii) of this title--
            (A) deductions for the Fund may be withheld from 
        his pay (if the employee so elects), and his annuity on 
        termination of employment is increased by an annuity 
        computed under section 8339 (a), (b), (d), (e), (h), 
        (i), (n), (q), (r), and (s) as may apply based on the 
        period of employment and the basic pay, before 
        deduction, averaged during that employment; and
            (B) his lump-sum credit may not be reduced by 
        annuity paid during that employment.
If the annuitant is receiving a reduced annuity as provided in 
section 8339(j) or section 8339(k)(2) of this title, the 
increase in annuity payable under subparagraph (A) of this 
subsection is reduced by 10 percent and the survivor annuity 
payable under section 8341(b) of this title is increased by 55 
percent of the increase in annuity payable under such 
subparagraph (A), unless, at the time of claiming the increase 
payable under such subparagraph (A), the annuitant notifies the 
Office of Personnel Management in writing that he does not 
desire the survivor annuity to be increased. If the annuitant 
dies while still reemployed, the survivor annuity payable is 
increased as though the reemployment had otherwise terminated. 
If the described employment of the annuitant continues for at 
least 5 years, or the equivalent of 5 years in the case of 
part-time employment, he may elect, instead of the benefit 
provided by subparagraph (A) of this subsection, to deposit in 
the Fund (to the extent deposits or deductions have not 
otherwise been made) an amount computed under section 8334(c) 
of this title covering that employment and have his rights 
redetermined under this subchapter. If the annuitant dies while 
still reemployed and the described employment had continued for 
at least 5 years, or the equivalent of 5 years in the case of 
part-time employment, the person entitled to survivor annuity 
under section 8341(b) of this title may elect to deposit in the 
Fund and have his rights redetermined under this subchapter.
    (b) If an annuitant, other than a Member receiving an 
annuity from the Fund, whose annuity is based on an involuntary 
separation (other than an automatic separation or an 
involuntary separation for cause or charges on misconduct or 
delinquency) is reemployed in a position in which he is subject 
to this subchapter, payment of the annuity terminates on 
reemployment.
    (c) If an annuitant, other than a Member receiving an 
annuity from the Fund, is appointed by the President to a 
position in which he is subject to this subchapter, or is 
elected as a Member, payment of the annuity terminates on 
reemployment. Upon separation from such position, an individual 
whose annuity is so terminated is entitled to have his rights 
redetermined under this subchapter, except that the amount of 
the annuity resulting from such redetermination shall be at 
least equal to the amount of the terminated annuity plus any 
increases under section 8340 of this title occurring after the 
termination and before the commencement of the redetermined 
annuity.
    (d) If a Member receiving annuity from the Fund becomes 
employed in an appointive or elective position, annuity 
payments are discontinued during the employment and resumed on 
termination of the employment in the amount equal to the sum of 
the amount of the annuity the member was receiving immediately 
before the commencement of the employment and the amount of the 
increases which would have been made in the amount of the 
annuity under section 8340 of this title during the period of 
the employment if the annuity had been payable during that 
period, except that--
            (1) the retired Member or Member separated with 
        title to immediate or deferred annuity, who serves at 
        any time after separation as a Member in an appointive 
        position in which he is subject to this subchapter, is 
        entitled, if he so elects, to have his Member annuity 
        computed or recomputed as if the service had been 
        performed before his separation as a Member and the 
        annuity as so computed or recomputed is effective--
                    (A) the day Member annuity commences; or
                    (B) the day after the date of separation 
                from the appointive position;
        whichever is later;
            (2) if the retired Member becomes employed after 
        December 31, 1958, in an appointive position on an 
        intermittent-service basis--
                    (A) his annuity continues during the 
                employment and is not increased as a result of 
                service performed during that employment;
                    (B) retirement deductions may not be 
                withheld from his pay;
                    (C) an amount equal to the annuity 
                allocable to the period of actual employment 
                shall be deducted from his pay, except for 
                lump-sum leave payment purposes under section 
                5551 of this title; and
                    (D) the amounts so deducted shall be 
                deposited in the Treasury of the United States 
                to the credit of the Fund;
            (3) if the retired Member becomes employed after 
        December 31, 1958, in an appointive position without 
        pay on a full-time or substantially full-time basis, 
        his annuity continues during the employment and is not 
        increased as a result of service performed during the 
        employment; and
            (4) if the retired Member takes office as Member 
        and gives notice as provided by section 8331(2) of this 
        title, his service as Member during that period shall 
        be credited in determining his right to and the amount 
        of later annuity.
    (e) This section does not apply to an individual appointed 
to serve as a Governor of the Board of Governors of the United 
States Postal Service.
    (f) Notwithstanding the provisions of subsection (a) of 
this section, if an annuitant receiving annuity from the Fund, 
except a Member receiving annuity from the Fund, becomes 
employed as a justice or judge of the United States, as defined 
by section 451 of title 28, annuity payments are discontinued 
during such employment and are resumed in the same amount upon 
resignation or retirement from regular active service as such a 
justice or judge.
    (g) A former employee or a former Member who becomes 
employed as a justice or judge of the United States, as defined 
by section 451 of title 28, may, at any time prior to 
resignation or retirement from regular active service as such a 
justice or judge, apply for and be paid, in accordance with 
section 8342(a) of this title, the amount (if any) by which the 
lump-sum credit exceeds the total annuity paid, notwithstanding 
the time limitation contained in such section for filing an 
application for payment.
    (h)(1) Subject to paragraph (2) of this subsection, 
subsections (a), (b), (c), and (d) of this section shall not 
apply to any annuitant receiving an annuity from the Fund while 
such annuitant is employed, during any period described in 
section 5532(f)(2) of this title (as in effect before the 
repeal of that section by section 651(a) of Public Law 106-65) 
or any portion thereof, under the administrative authority of 
the Administrator, Federal Aviation Administration, or the 
Secretary of Defense to perform duties in the operation of the 
air traffic control system or to train other individuals to 
perform such duties: Provided, however, That the amount such an 
annuitant may receive in pay, excluding premium pay, in any pay 
period when aggregated with the annuity payable during that 
same period shall not exceed the rate payable for level V of 
the Executive Schedule.
    (2) Paragraph (1) of this subsection shall apply only in 
the case of any annuitant receiving an annuity from the Fund 
who, before December 31, 1987, applied for retirement or 
separated from the service while being entitled to an annuity 
under this chapter.
    (i)(1) The Director of the Office of Personnel Management 
may, at the request of the head of an Executive agency--
            (A) waive the application of the preceding 
        provisions of this section on a case-by-case basis for 
        employees in positions for which there is exceptional 
        difficulty in recruiting or retaining a qualified 
        employee; or
            (B) grant authority to the head of such agency to 
        waive the application of the preceding provisions of 
        this section, on a case-by-case basis, for an employee 
        serving on a temporary basis, but only if, and for so 
        long as, the authority is necessary due to an emergency 
        involving a direct threat to life or property or other 
        unusual circumstances.
    (2) The Office shall prescribe regulations for the exercise 
of any authority under this subsection, including criteria for 
any exercise of authority and procedures for terminating a 
delegation of authority under paragraph (1)(B).
    (j)(1) If warranted by circumstances described in 
subsection (i)(1) (A) or (B) (as applicable), the Director of 
the Administrative Office of the United States Courts shall, 
with respect to an employee in the judicial branch, have the 
same waiver authority as would be available to the Director of 
the Office of Personnel Management, or a duly authorized agency 
head, under subsection (i) with respect to an employee of an 
Executive agency.
    (2) Authority under this subsection may not be exercised 
with respect to a justice or judge of the United States, as 
defined in section 451 of title 28.
    (k)(1) If warranted by circumstances described in 
subsection (i)(1) (A) or (B) (as applicable), an official or 
committee designated in paragraph (2) shall, with respect to 
the employees specified in the applicable subparagraph of such 
paragraph, have the same waiver authority as would be available 
to the Director of the Office of Personnel Management, or a 
duly authorized agency head, under subsection (i) with respect 
to an employee of an Executive agency.
    (2) Authority under this subsection may be exercised--
            (A) with respect to an employee of an agency in the 
        legislative branch, by the head of such agency;
            (B) with respect to an employee of the House of 
        Representatives, by the Committee on House Oversight of 
        the House of Representatives; and
            (C) with respect to an employee of the Senate, by 
        the Committee on Rules and Administration of the 
        Senate.
    (3) Any exercise of authority under this subsection shall 
be in conformance with such written policies and procedures as 
the agency head, the Committee on House Oversight of the House 
of Representatives, or the Committee on Rules and 
Administration of the Senate (as applicable) shall prescribe, 
consistent with the provisions of this subsection.
    (4) For the purpose of this subsection, ``agency in the 
legislative branch'', ``employee of the House of 
Representatives'', ``employee of the Senate'', and 
``congressional employee'' each has the meaning given to it in 
section 5531 of this title.
    (l)(1) For the purpose of subsections (i) through (k), 
``Executive agency'' shall not include the General Accounting 
Office.
    (2) An employee as to whom a waiver under subsection (i), 
(j), or (k) is in effect shall not be considered an employee 
for purposes of this chapter or chapter 84 of this title.

Sec. 8345. Payment of benefits; commencement, termination, and waiver 
                    of annuity

    (a) Each annuity is stated as an annual amount, one-twelfth 
of which, rounded to the next lowest dollar, constitutes the 
monthly rate payable on the first business day of the month 
after the month or other period for which it has accrued.
    (b)(1) \1\ Except as otherwise provided--
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    \1\ See also section 305(b) of Public Law 97-253 (September 8, 
1982), as amended, which provides:
    (b) The amendment made by subsection (a) [5 U.S.C. 8345(b)] shall 
apply to annuities which commence on or after October 1, 1982, except 
for those individuals who serve three days or less in the month of 
retirement.
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            (A) an annuity of an employee or Member commences 
        on the first day of the month after--
                    (i) separation from the service; or
                    (ii) pay ceases and the service and age 
                requirements for title to annuity are met; and
            (B) any other annuity payable from the Fund 
        commences on the first day of the month after the 
        occurrence of the event on which payment thereof is 
        based.
    (2) The annuity of--
            (A) an employee involuntarily separated from 
        service, except by removal for cause on charges of 
        misconduct or delinquency; and
            (B) an employee or Member retiring under section 
        8337 of this title due to a disability;
shall commence on the day after separation from the service or 
the day after pay ceases and the service and age or disability 
requirements for title to annuity are met.
    (c) The annuity of a retired employee or Member terminates 
on the day death or other terminating event provided by this 
subchapter occurs. The annuity of a survivor terminates on the 
last day of the month before death or other terminating event 
occurs.
    (d) An individual entitled to annuity from the Fund may 
decline to accept all or any part of the annuity by a waiver 
signed and filed with the Office of Personnel Management. The 
waiver may be revoked in writing at any time. Payment of the 
annuity waived may not be made for the period during which the 
waiver was in effect.
    (e) Payment due a minor, or an individual mentally 
incompetent or under other legal disability, may be made to the 
person who is constituted guardian or other fiduciary by the 
law of the State of residence of the claimant or is otherwise 
legally vested with the care of the claimant or his estate. If 
a guardian or other fiduciary of the individual under legal 
disability has not been appointed under the law of the State of 
residence of the claimant, payment may be made to any person 
who, in the judgment of the Office, is responsible for the care 
of the claimant, and the payment bars recovery by any other 
person.
    (f) [Repealed.]
    (g) The Office shall prescribe regulations to provide that 
the amount of any monthly annuity payable under this section 
accruing for any month and which is computed with regard to 
service that includes any service referred to in section 
8332(b)(6) performed by an individual prior to January 1, 1969, 
shall be reduced by the portion of any benefits under any State 
retirement system to which such individual is entitled (or on 
proper application would be entitled) for such month which is 
attributable to such service performed by such individual 
before such date.
    (h) An individual entitled to an annuity from the Fund may 
make allotments or assignments of amounts from his annuity for 
such purposes as the Office of Personnel Management in its sole 
discretion considers appropriate.
    (i)(1) No payment shall be made from the Fund unless an 
application for benefits based on the service of an employee or 
Member is received in the Office of Personnel Management before 
the one hundred and fifteenth anniversary of his birth.
    (2) Notwithstanding paragraph (1) of this subsection, after 
the death of an employee, Member, or annuitant, no benefit 
based on his service shall be paid from the Fund unless an 
application therefor is received in the Office of Personnel 
Management within 30 years after the death or other event which 
gives rise to title to the benefit.
    (j)(1) Payments under this subchapter which would otherwise 
be made to an employee, Member, or annuitant based on service 
of that individual shall be paid (in whole or in part) by the 
Office to another person if and to the extent expressly 
provided for in the terms of--
            (A) any court decree of divorce, annulment, or 
        legal separation, or the terms of any court order or 
        court-approved property settlement agreement incident 
        to any court decree of divorce, annulment, or legal 
        separation; or
            (B) any court order or other similar process in the 
        nature of garnishment for the enforcement of a judgment 
        rendered against such employee, Member, or annuitant, 
        for physically, sexually, or emotionally abusing a 
        child.
In the event that the Office is served with more than 1 decree, 
order, or other legal process with respect to the same moneys 
due or payable to any individual, such moneys shall be 
available to satisfy such processes on a first-come, first-
served basis, with any such process being satisfied out of such 
moneys as remain after the satisfaction of all such processes 
which have been previously served.
    (2) Paragraph (1) shall only apply to payments made by the 
Office under this subchapter after the date of receipt in the 
Office of written notice of such decree, order, other legal 
process, or agreement, and such additional information and 
documentation as the Office may prescribe.
    (3) For the purpose of this subsection--
            (A) the term ``court'' means any court of any 
        State, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the Northern Mariana Islands, or the 
        Virgin Islands, and any Indian court;
            (B) the term ``judgment rendered for physically, 
        sexually, or emotionally abusing a child'' means any 
        legal claim perfected through a final enforceable 
        judgment, which claim is based in whole or in part upon 
        the physical, sexual, or emotional abuse of a child, 
        whether or not that abuse is accompanied by other 
        actionable wrongdoing, such as sexual exploitation or 
        gross negligence; and
            (C) the term ``child'' means an individual under 18 
        years of age.
    (k)(1) The Office shall, in accordance with this 
subsection, enter into an agreement with any State within 120 
days of a request for agreement from the proper State official. 
The agreement shall provide that the Office shall withhold 
State income tax in the case of the monthly annuity of any 
annuitant who voluntarily requests, in writing, such 
withholding. The amounts withheld during any calendar quarter 
shall be held in the Fund and disbursed to the States during 
the month following that calendar quarter.
    (2) An annuitant may have in effect at any time only one 
request for withholding under this subsection, and an annuitant 
may not have more than two such requests in effect during any 
one calendar year.
    (3) Subject to paragraph (2) of this subsection, an 
annuitant may change the State designated by that annuitant for 
purposes of having withholdings made, and may request that the 
withholdings be remitted in accordance with such change. An 
annuitant also may revoke any request of that annuitant for 
withholding. Any change in the State designated or revocation 
is effective on the first day of the month after the month in 
which the request or the revocation is processed by the Office, 
but in no event later than on the first day of the second month 
beginning after the day on which such request or revocation is 
received by the Office.
    (4) This subsection does not give the consent of the United 
States to the application of a statute which imposes more 
burdensome requirements on the United States than on employers 
generally, or which subjects the United States or any annuitant 
to a penalty or liability because of this subsection. The 
Office may not accept pay from a State for services performed 
in withholding State income taxes from annuities. Any amount 
erroneously withheld from an annuity and paid to a State by the 
Office shall be repaid by the State in accordance with 
regulations issued by the Office.
    (5) For the purpose of this subsection, ``State'' means a 
State, the District of Columbia, or any territory or possession 
of the United States.
    (l) Transfers of contributions and deposits authorized by 
section 408(a)(3) of the Foreign Service Act of 1980 shall be 
deemed to be a complete and final payment of benefits under 
this chapter.

Sec. 8346. Exemption from legal process; recovery of payments

    (a) The money mentioned by this subchapter is not 
assignable, either in law or equity, except under the 
provisions of subsections (h) and (j) of section 8345 of this 
title, or subject to execution, levy, attachment, garnishment, 
or other legal process, except as otherwise may be provided by 
Federal laws.
    (b) Recovery of payments under this subchapter may not be 
made from an individual when, in the judgment of the Office of 
Personnel Management, the individual is without fault and 
recovery would be against equity and good conscience. 
Withholding or recovery of money mentioned by this subchapter 
on account of a certification or payment made by a former 
employee of the United States in the discharge of his official 
duties may be made only if the head of the agency on behalf of 
which the certification or payment was made certifies to the 
Office that the certification or payment involved fraud on the 
part of the former employee.

Sec. 8347. Administration; regulations

    (a) The Office of Personnel Management shall administer 
this subchapter. Except as otherwise specifically provided 
herein, the Office shall perform, or cause to be performed, 
such acts and prescribe such regulations as are necessary and 
proper to carry out this subchapter.
    (b) Applications under this subchapter shall be in such 
form as the Office prescribes. Agencies shall support the 
applications by such certificates as the Office considers 
necessary to the determination of the rights of applicants. The 
Office shall adjudicate all claims under this subchapter.
    (c) The Office shall determine questions of disability and 
dependency arising under this subchapter. Except to the extent 
provided under subsection (d) of this section, the decisions of 
the Office concerning these matters are final and conclusive 
and are not subject to review. The Office may direct at any 
time such medical or other examinations as it considers 
necessary to determine the facts concerning disability or 
dependency of an individual receiving or applying for annuity 
under this subchapter. The Office may suspend or deny annuity 
for failure to submit to examination.
    (d)(1) Subject to paragraph (2) of this subsection, an 
administrative action or order affecting the rights or 
interests of an individual or of the United States under this 
subchapter may be appealed to the Merit Systems Protection 
Board under procedures prescribed by the Board.
    (2) In the case of any individual found by the Office to be 
disabled in whole or in part on the basis of the individual's 
mental condition, and that finding was made pursuant to an 
application by an agency for purposes of disability retirement 
under section 8337(a) of this title, the procedures under 
section 7701 of this title shall apply and the decision of the 
Board shall be subject to judicial review under section 7703 of 
this title.
    (e) The Office shall fix the fees for examinations made 
under this subchapter by physicians or surgeons who are not 
medical officers of the United States. The fees and reasonable 
traveling and other expenses incurred in connection with the 
examinations are paid from appropriations for the cost of 
administering this subchapter.
    (f) The Office shall select three actuaries, to be known as 
the Board of Actuaries of the Civil Service Retirement System. 
The Office shall fix the pay of the members of the Board, 
except members otherwise in the employ of the United States. 
The Board shall report annually on the actuarial status of the 
System and furnish its advice and opinion on matters referred 
to it by the Office. The Board may recommend to the Office and 
to Congress such changes as in the Board's judgment are 
necessary to protect the public interest and maintain the 
System on a sound financial basis. The Office shall keep, or 
cause to be kept, such records as it considers necessary for 
making periodic actuarial valuations of the System. The Board 
shall make actuarial valuations every 5 years, or oftener if 
considered necessary by the Office.
    (g) The Office may exclude from the operation of this 
subchapter an employee or group of employees in or under an 
Executive agency whose employment is temporary or intermittent. 
However, the Office may not exclude any employee who occupies a 
position on a part-time career employment basis (as defined in 
section 3401(2) of this title).
    (h) The Office, on recommendation by the Mayor of the 
District of Columbia, may exclude from the operation of this 
subchapter an individual or group of individuals employed by 
the government of the District of Columbia whose employment is 
temporary or intermittent.
    (i) The Architect of the Capitol may exclude from the 
operation of this subchapter an employee under the Office of 
the Architect of the Capitol whose employment is temporary or 
of uncertain duration.
    (j) The Librarian of Congress may exclude from the 
operation of this subchapter an employee under the Library of 
Congress whose employment is temporary or of uncertain 
duration.
    (k) The Secretary of Agriculture shall prescribe 
regulations to effect the application and operation of this 
subchapter to an individual named by section 8331(1)(F) of this 
title.
    (l) The Director or Acting Director of the Botanic Garden 
may exclude from the operation of this subchapter an employee 
under the Botanic Garden whose employment is temporary or of 
uncertain duration.
    (m) Notwithstanding any other provision of law, for the 
purpose of ensuring the accuracy of information used in the 
administration of this chapter, at the request of the Director 
of the Office of Personnel Management--
            (1) the Secretary of Defense or the Secretary's 
        designee shall provide information on retired or 
        retainer pay provided under title 10;
            (2) the Secretary of Veterans Affairs shall provide 
        information on pensions or compensation provided under 
        title 38;
            (3) the Commissioner of Social Security or the 
        Secretary's designee shall provide information 
        contained in the records of the Social Security 
        Administration; and
            (4) the Secretary of Labor or the Secretary's 
        designee shall provide information on benefits paid 
        under subchapter I of chapter 81 of this title.
The Director shall request only such information as the 
Director determines is necessary. The Director, in consultation 
with the officials from whom information is requested, shall 
establish, by regulation and otherwise, such safeguards as are 
necessary to ensure that information made available under this 
subsection is used only for the purpose authorized.
    (n)(1) Notwithstanding any other provision of this 
subchapter, the Director of Central Intelligence shall, in a 
manner consistent with the administration of this subchapter by 
the Office, and to the extent considered appropriate by the 
Director of Central Intelligence--
            (A) determine entitlement to benefits under this 
        subchapter based on the service of employees of the 
        Central Intelligence Agency;
            (B) maintain records relating to the service of 
        such employees;
            (C) compute benefits under this subchapter based on 
        the service of such employees;
            (D) collect deposits to the Fund made by such 
        employees, their spouses, and their former spouses;
            (E) authorize and direct disbursements from the 
        Fund to the extent based on service of such employees; 
        and
            (F) perform such other functions under this 
        subchapter as the Director of Central Intelligence, in 
        consultation with the Director of the Office of 
        Personnel Management, determines to be appropriate.
    (2) The Director of the Office of Personnel Management 
shall furnish such information and, on a reimbursable basis, 
such services to the Director of Central Intelligence as the 
Director of Central Intelligence requests to carry out 
paragraph (1) of this subsection.
    (3)(A) The Director of Central Intelligence, in 
consultation with the Director of the Office of Personnel 
Management, shall by regulation prescribe appropriate 
procedures to carry out this subsection.
    (B) The regulations shall provide procedures for the 
Director of the Office of Personnel Management to inspect and 
audit disbursements from the Civil Service Retirement and 
Disability Fund under this subchapter.
    (C) The Director of Central Intelligence shall submit the 
regulations prescribed under subparagraph (A) to the Select 
Committee on Intelligence of the Senate and the Permanent 
Select Committee on Intelligence of the House of 
Representatives before the regulations take effect.
    (4)(A) Section 201(c) of the Central Intelligence Agency 
Retirement Act shall apply in the administration of this 
subchapter to the extent that the provisions of this subchapter 
are administered under this subsection.
    (B) Notwithstanding subparagraph (A) of this paragraph, 
section 8347(d) of this title shall apply with respect to 
employees of the Central Intelligence Agency who are subject to 
the Civil Service Retirement System.
    (o) Any provision of law outside of this subchapter which 
provides coverage, service credit, or any other benefit under 
this subchapter to any individuals who (based on their being 
employed by an entity other than the Government) would not 
otherwise be eligible for any such coverage, credit, or 
benefit, shall not apply with respect to any individual 
appointed, transferred, or otherwise commencing that type of 
employment on or after October 1, 1988.
    (p) The Director of the Administrative Office of the United 
States Courts may exclude from the operation of this subchapter 
an employee of the Administrative Office of the United States 
Courts, the Federal Judicial Center, or a court named by 
section 610 of title 28, whose employment is temporary or of 
uncertain duration.
    (q)(1) Under regulations prescribed by the Office of 
Personnel Management, an employee who--
            (A) has not previously made an election under this 
        subsection or had an opportunity to make an election 
        under this paragraph;
            (B) has 5 or more years of civilian service 
        creditable under this subchapter; and
            (C) moves, without a break in service of more than 
        1 year, to employment in a nonappropriated fund 
        instrumentality of the Department of Defense or the 
        Coast Guard, respectively, described in section 
        2105(c),
shall be given the opportunity to elect irrevocably, within 30 
days after such move, to remain covered as an employee under 
this subchapter during any employment described in section 
2105(c) after such move.
    (2) Under regulations prescribed by the Office of Personnel 
Management, an employee of a nonappropriated fund 
instrumentality of the Department of Defense or the Coast 
Guard, described in section 2105(c), who--
            (A) has not previously made an election under this 
        subsection or had an opportunity to make an election 
        under this paragraph;
            (B) is a vested participant in a retirement system 
        established for employees described in section 2105(c), 
        as the term ``vested participant'' is defined by such 
        system;
            (C) moves, without a break in service of more than 
        1 year, to a position that is not described in section 
        2105(c); and
            (D) is excluded from coverage under chapter 84 by 
        section 8402(b),
shall be given the opportunity to elect irrevocably, within 30 
days after such move, to remain covered, during any subsequent 
employment as an employee as defined in section 2105(a) or 
section 2105(c), by the retirement system applicable to such 
employee's current or most recent employment described in 
section 2105(c) rather than be subject to this subchapter.

Sec. 8348. Civil Service Retirement and Disability Fund

    (a) There is a Civil Service Retirement and Disability 
Fund. The Fund--
            (1) is appropriated for the payment of--
                    (A) benefits as provided by this subchapter 
                or by the provisions of chapter 84 of this 
                title which relate to benefits payable out of 
                the Fund; and
                    (B) administrative expenses incurred by the 
                Office of Personnel Management in placing in 
                effect each annuity adjustment granted under 
                section 8340 or 8462 of this title, in 
                administering survivor annuities and elections 
                providing therefor under sections 8339 and 8341 
                of this title or subchapters II and IV of 
                chapter 84 of this title, in administering 
                alternative forms of annunities under sections 
                8343a and 8420a (and related provisions of 
                law), in making an allotment or assignment made 
                by an individual under section 8345(h) or 
                8465(b) of this title, and in withholding taxes 
                pursuant to section 3405 of title 26 or section 
                8345(k) or 8469 of this title;
            (2) is made available, subject to such annual 
        limitation as the Congress may prescribe, for any 
        expenses incurred by the Office in connection with the 
        administration of this chapter, chapter 84 of this 
        title, and other retirement and annuity statutes; and
            (3) is made available, subject to such annual 
        limitation as the Congress may prescribe, for any 
        expenses incurred by the Merit Systems Protection Board 
        in the administration of appeals authorized under 
        sections 8347(d) and 8461(e) of this title.
    (b) The Secretary of the Treasury may accept and credit to 
the Fund money received in the form of a donation, gift, 
legacy, or bequest, or otherwise contributed for the benefit of 
civil-service employees generally.
    (c) The Secretary shall immediately invest, in interest-
bearing securities of the United States such currently 
available portions of the Fund as are not immediately required 
for payments from the Fund. The income derived from these 
investments constitutes a part of the Fund.
    (d) The purposes for which obligations of the United States 
may be issued under chapter 31 of title 31 are extended to 
authorize the issuance at par of public-debt obligations for 
purchase by the Fund. The obligations issued for purchase by 
the Fund shall have maturities fixed with due regard for the 
needs of the Fund and bear interest at a rate equal to the 
average market yield computed as of the end of the calendar 
month next preceding the date of the issue, borne by all 
marketable interest-bearing obligations of the United States 
then forming a part of the public debt which are not due or 
callable until after the expiration of 4 years from the end of 
that calendar month. If the average market yield is not a 
multiple of \1/8\ of 1 percent, the rate of interest on the 
obligations shall be the multiple of \1/8\ of 1 percent nearest 
the average market yield.
    (e) The Secretary may purchase other interest-bearing 
obligations of the United States, or obligations guaranteed as 
to both principal and interest by the United States, on 
original issue or at the market price only if he determines 
that the purchases are in the public interest.
    (f) Any statute which authorizes--
            (1) new or liberalized benefits payable from the 
        Fund, including annuity increases other than under 
        section 8340 of this title;
            (2) extension of the coverage of this subchapter to 
        new groups of employees; or
            (3) increases in pay on which benefits are 
        computed;
is deemed to authorize appropriations to the Fund to finance 
the unfunded liability created by that statute, in 30 equal 
annual installments with interest computed at the rate used in 
the then most recent valuation of the Civil Service Retirement 
System and with the first payment thereof due as of the end of 
the fiscal year in which each new or liberalized benefit, 
extension of coverage, or increase in pay is effective.
    (g) At the end of each fiscal year, the Office shall notify 
the Secretary of the Treasury of the amount equivalent to (1) 
interest on the unfunded liability computed for that year at 
the interest rate used in the then most recent valuation of the 
System, and (2) that portion of disbursement for annuities for 
that year which the Office estimates is attributable to credit 
allowed for military service, less an amount determined by the 
Office to be appropriate to reflect the value of the deposits 
made to the credit of the Fund under section 8334(j) of this 
title. Before closing the accounts for each fiscal year, the 
Secretary shall credit to the Fund, as a Government 
contribution, out of any money in the Treasury of the United 
States not otherwise appropriated, the following percentages of 
such amounts; 10 percent for 1971; 20 percent for 1972; 30 
percent for 1973; 40 percent for 1974; 50 percent for 1975; 60 
percent for 1976; 70 percent for 1977; 80 percent for 1978; 90 
percent for 1979; and 100 percent for 1980 and for each fiscal 
year thereafter.
    (h)(1) Notwithstanding any other statute, the United States 
Postal Service shall be liable for that portion of any 
estimated increase in the unfunded liability of the Fund which 
is attributable to any benefits payable from the Fund to active 
and retired Postal Service officers and employees, and to their 
survivors, when the increase results from an employee-
management agreement under title 39, or any administrative 
action by the Postal Service taken pursuant to law, which 
authorizes increases in pay on which benefits are computed.
    (2) The estimated increase in the unfunded liability, 
referred to in paragraph (1) of this subsection, shall be 
determined by the Office of Personnel Management. The United 
States Postal Service shall pay the amount so determined to the 
Office in 30 equal annual installments with interest computed 
at the rate used in the most recent valuation of the Civil 
Service Retirement System, with the first payment thereof due 
at the end of the fiscal year in which an increase in pay 
becomes effective.
    (i)(1) Notwithstanding any other provision of law, the 
Panama Canal Commission shall be liable for that portion of any 
estimated increase in the unfunded liability of the fund which 
is attributable to any benefits payable from the Fund to or on 
behalf of employees and their survivors to the extent 
attributable to the amendments made by sections 1241 and 1242, 
and the provisions of sections 1231(b) and 1243(a)(1), of the 
Panama Canal Act of 1979, and the amendments made by section 
3506 of the Panama Canal Commission Authorization Act for 
Fiscal Year 1991.
    (2) The estimated increase in the unfunded liability 
referred to in paragraph (1) of this subsection shall be 
determined by the Office of Personnel Management. The Panama 
Canal Commission shall pay to the Fund from funds available to 
it for that purpose the amount so determined in annual 
installments with interest computed at the rate used in the 
most recent valuation of the Civil Service Retirement System.
    (j)(1) Notwithstanding subsection (c) of this section, the 
Secretary of the Treasury may suspend additional investment of 
amounts in the Fund if such additional investment could not be 
made without causing the public debt of the United States to 
exceed the public debt limit.
    (2) Any amounts in the Fund which, solely by reason of the 
public debt limit, are not invested shall be invested by the 
Secretary of the Treasury as soon as such investments can be 
made without exceeding the public debt limit.
    (3) Upon expiration of the debt issuance suspension period, 
the Secretary of the Treasury shall immediately issue to the 
Fund obligations under chapter 31 of title 31 that 
(notwithstanding subsection (d) of this section) bear such 
interest rates and maturity dates as are necessary to ensure 
that, after such obligations are issued, the holdings of the 
Fund will replicate to the maximum extent practicable the 
obligations that would then be held by the Fund if the 
suspension of investment under paragraph (1) of this 
subsection, and any redemption or disinvestment under 
subsection (k) of this section for the purpose described in 
such paragraph, during such period had not occurred.
    (4) On the first normal interest payment date after the 
expiration of any debt issuance suspension period, the 
Secretary of the Treasury shall pay to the Fund, from amounts 
in the general fund of the Treasury of the United States not 
otherwise appropriated, an amount determined by the Secretary 
to be equal to the excess of--
            (A) the net amount of interest that would have been 
        earned by the Fund during such debt issuance suspension 
        period if--
                    (i) amounts in the Fund that were not 
                invested during such debt issuance suspension 
                period solely by reason of the public debt 
                limit had been invested, and
                    (ii) redemptions and disinvestments with 
                respect to the Fund which occurred during such 
                debt issuance suspension period solely by 
                reason of the public debt limit had not 
                occurred, over
            (B) the net amount of interest actually earned by 
        the Fund during such debt issuance suspension period.
    (5) For purposes of this subsection and subsections (k) and 
(l) of this section--
            (A) the term ``public debt limit'' means the 
        limitation imposed by section 3101(b) of title 31; and
            (B) the term ``debt issuance suspension period'' 
        means any period for which the Secretary of the 
        Treasury determines for purposes of this subsection 
        that the issuance of obligations of the United States 
        may not be made without exceeding the public debt 
        limit.
    (k)(1) Subject to paragraph (2) of this subsection, the 
Secretary of the Treasury may sell or redeem securities, 
obligations, or other invested assets of the Fund before 
maturity in order to prevent the public debt of the United 
States from exceeding the public debt limit.
    (2) The Secretary may sell or redeem securities, 
obligations, or other invested assets of the Fund under 
paragraph (1) of this subsection only during a debt issuance 
suspension period, and only to the extent necessary to obtain 
any amount of funds not exceeding the amount equal to the total 
amount of the payments authorized to be made from the Fund 
under the provisions of this subchapter or chapter 84 of this 
title or related provisions of law during such period. A sale 
or redemption may be made under this subsection even if, before 
the sale or redemption, there is a sufficient amount in the 
Fund to ensure that such payments are made in a timely manner.
    (l)(1) The Secretary of the Treasury shall report to 
Congress on the operation and status of the Fund during each 
debt issuance suspension period for which the Secretary is 
required to take action under paragraph (3) or (4) of 
subsection (j) of this section. The report shall be submitted 
as soon as possible after the expiration of such period, but 
not later than the date that is 30 days after the first normal 
interest payment date occurring after the expiration of such 
period.
    (2) Whenever the Secretary of the Treasury determines that, 
by reason of the public debt limit, the Secretary will be 
unable to fully comply with the requirements of subsection (c) 
of this section, the Secretary shall immediately notify 
Congress of the determination. The notification shall be made 
in writing.
    (m)(1) Notwithstanding any other provision of law, the 
United States Postal Service shall be liable for that portion 
of any estimated increase in the unfunded liability of the Fund 
which is attributable to any benefits payable from the Fund to 
former employees of the Postal Service who first become 
annuitants by reason of separation from the Postal Service on 
or after July 1, 1971, or to their survivors, or to the 
survivors of individuals who die on or after July 1, 1971, 
while employed by the Postal Service, when the increase results 
from a cost-of-living adjustment under section 8340 of this 
title.
    (2) The estimated increase in the unfunded liability 
referred to in paragraph (1) of this subsection shall be 
determined by the Office after consultation with the Postal 
Service. The Postal Service shall pay the amount so determined 
to the Office in 15 equal annual installments with interest 
computed at the rate used in the most recent valuation of the 
Civil Service Retirement System, and with the first payment 
thereof due at the end of the fiscal year in which the cost-of-
living adjustment with respect to which the payment relates 
becomes effective.
    (3) In determining any amount for which the Postal Service 
is liable under this subsection, the amount of the liability 
shall be prorated to reflect only that portion of total service 
(used in computing the benefits involved) which is attributable 
to civilian service performed after June 30, 1971, as estimated 
by the Office.

                                 NOTE:

    Section 7101(c)-(d) of the Omnibus Budget Reconciliation Act of 
1990 (Public Law 101-508; 5 U.S.C. 8348 note; 104 Stat. 1388-331), as 
amended by section 5(a)(1) of Public Law 102-378, 106 Stat. 1358, 
provides:
    (c) Provision Relating to Pre-1991 COLAs.--(1) For the purpose of 
this subsection--
            (A) the term ``pre-1991 COLA'' means a cost-of-living 
        adjustment which took effect in any of the fiscal years 
        specified in subparagraphs (A)-(N) of paragraph (3);
            (B) the term ``post-1990 fiscal year'' means a fiscal year 
        after fiscal year 1990; and
            (C) the term ``pre-1991 fiscal year'' means a fiscal year 
        before fiscal year 1991.
    (2) Notwithstanding any other provision of law, an installment 
(equal to an amount determined by reference to paragraph (3)) shall be 
payable by the United States Postal Service in a post-1990 fiscal year, 
with respect to a pre-1991 COLA, if such fiscal year occurs within the 
15-fiscal year period which begins with the first fiscal year in which 
that COLA took effect.\1\
---------------------------------------------------------------------------
    \1\ Probably should read ``7103''.
---------------------------------------------------------------------------
    (3) Notwithstanding any provision of section 8348(m) of title 5, 
United States Code, or any determination thereunder (including any made 
under such provision, as in effect before October 1, 1990), the 
estimated increase in the unfunded liability referred to in paragraph 
(1) of such section 8348(m) shall be payable, in accordance with this 
subsection, based on annual installments equal to--
            (A) $6,500,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1977;
            (B) $7,000,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1978;
            (C) $10,400,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1979;
            (D) $20,500,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1980;
            (E) $26,100,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1981;
            (F) $28,100,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1982;
            (G) $30,600,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1983;
            (H) $5,700,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1984;
            (I) $19,400,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1985;
            (J) $7,400,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1986;
            (K) $8,500,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1987;
            (L) $36,800,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1988;
            (M) $51,600,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1989; and
            (N) $63,500,000 each, with respect to the cost-of-living 
        adjustment which took effect in fiscal year 1990;
    (4) Any installment payable under this subsection shall be paid by 
the Postal Service at the same time as when it pays any installments 
for which the Postal Service might otherwise be liable in such fiscal 
year, with respect to such COLA, under section 8348(m) of title 5, 
United States Code.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 1990.

Sec. 8349. Offset relating to certain benefits under the Social 
                    Security Act

    (a)(1) Notwithstanding any other provision of this 
subchapter, if an individual under section 8402(b)(2) is 
entitled, or would on proper application be entitled, to old-
age insurance benefits under title II of the Social Security 
Act, the annuity otherwise payable to such individual shall be 
reduced under this subsection.
    (2) A reduction under this subsection commences beginning 
with the first month for which the individual both--
            (A) is entitled to an annuity under this 
        subchapter; and
            (B) is entitled, or would on proper application be 
        entitled, to old-age insurance benefits under title II 
        of the Social Security Act.
    (3)(A)(i) Subject to clause (ii) and subparagraphs (B) and 
(C), the amount of a reduction under this subsection shall be 
equal to the difference between--
            (I) the old-age insurance benefit which would be 
        payable to the individual for the month referred to in 
        paragraph (2); and
            (II) the old-age insurance benefit which would be 
        so payable, excluding all wages derived from Federal 
        service of the individual, and assuming the individual 
        were fully insured (as defined by section 214(a) of the 
        Social Security Act).
    (ii) For purposes of this subsection, the amount of a 
benefit referred to in subclause (I) or (II) of clause (i) 
shall be determined without regard to subsections (b) through 
(l) of section 203 of the Social Security Act, and without 
regard to the requirement that an application for such benefit 
be filed.
    (B) A reduction under this subsection--
            (i) may not exceed an amount equal to the product 
        of--
                    (I) the old-age insurance benefit to which 
                the individual is entitled (or would on proper 
                application be entitled) for the month referred 
                to in paragraph (2), determined without regard 
                to subsections (b) through (l) of section 203 
                of the Social Security Act; and
                    (II) a fraction, as determined under 
                section 8421(b)(3) with respect to the 
                individual, except that the reference to 
                ``service'' in subparagraph (A) of such section 
                shall be considered to mean Federal service; 
                and
            (ii) may not cause the annuity payment for an 
        individual to be reduced below zero.
    (C) An amount computed under subclause (I) or (II) of 
subparagraph (A)(i), or under subparagraph (B)(i)(I), for 
purposes of determining the amount of a reduction under this 
subsection shall be adjusted under section 8340 of this title.
    (4) A reduction under this subsection applies with respect 
to the annuity otherwise payable to such individual under this 
subchapter (other than under section 8337) for the month 
involved--
            (A) based on service of such individual; and
            (B) without regard to section 8345(j), if otherwise 
        applicable.
    (5) The operation of the preceding paragraphs of this 
subsection shall not be considered for purposes of applying the 
provisions of the second sentence of section 215(a)(7)(B)(i) or 
the provisions of section 215(d)(5)(ii) of the Social Security 
Act in determining any amount under subclause (I) or (II) of 
paragraph (3)(A)(i) or paragraph (3)(B)(i)(I) for purposes of 
this subsection.
    (b)(1) Notwithstanding any other provision of this 
subchapter--
            (A) a disability annuity to which an individual 
        described in section 8402(b)(2) is entitled under this 
        subchapter, and
            (B) a survivor annuity to which a person is 
        entitled under this subchapter based on the service of 
        an individual described in section 8402(b)(2),
shall be subject to reduction under this subsection if that 
individual or person is also entitled (or would on proper 
application also be entitled) to any similar benefits under 
title II of the Social Security Act based on the wages and 
self-employment income of such individual described in section 
8402(b)(2).
    (2)(A) Subject to subparagraph (B), reductions under this 
subsection shall be made in a manner consistent with the manner 
in which reductions under subsection (a) are computed and 
otherwise made.
    (B) Reductions under this subsection shall be discontinued 
if, or for so long as, entitlement to the similar benefits 
under title II of the Social Security Act (as referred to in 
paragraph (1)) is terminated (or, in the case of an individual 
who has not made proper application therefor, would be 
terminated).
    (3) For the purpose of applying section 224 of the Social 
Security Act to the disability insurance benefit used to 
compute the reduction under this subsection, the amount of the 
CSRS annuity considered shall be the amount of the CSRS annuity 
before application of this section.
    (4) The Office shall prescribe regulations to carry out 
this subsection.
    (c) For the purpose of this section, the term ``Federal 
service'' means service which is employment for the purposes of 
title II of the Social Security Act and chapter 21 of the 
Internal Revenue Code of 1954 by reason of the amendments made 
by section 101 of the Social Security Amendments of 1983.
    (d) In administering subsections (a) through (c)--
            (1) the terms ``an individual under section 
        8402(b)(2)'' and ``an individual described in section 
        8402(b)(2)'' shall each be considered to include any 
        individual--
                            (A) who is subject to this 
                        subchapter as a result of any provision 
                        of law described in section 8347(o), 
                        and
                            (B) whose employment (as described 
                        in section 8347(o)) is also employment 
                        for purposes of title II of the Social 
                        Security Act and chapter 21 of the 
                        Internal Revenue Code of 1986; and
            (2) the term ``Federal service'', as applied with 
        respect to any individual to whom this section applies 
        as a result of paragraph (1), means any employment 
        referred to in paragraph (1)(B) performed after 
        December 31, 1983.

Sec. 8350. Retirement counseling

    (a) For the purposes of this section, the term ``retirement 
counselor'', when used with respect to an agency, means an 
employee of the agency who is designated by the head of the 
agency to furnish information on benefits under this subchapter 
and chapter 84 of this title and counseling services relating 
to such benefits to other employees of the agency.
    (b) The Director of the Office of Personnel Management 
shall establish a training program for all retirement 
counselors of agencies of the Federal Government.
    (c)(1) The training program established under subsection 
(b) of this section shall provide for comprehensive training in 
the provisions and administration of this subchapter and 
chapter 84 of this title, shall be designed to promote fully 
informed retirement decisions by employees and Members under 
this subchapter and individuals subject to chapter 84 of this 
title, and shall be revised as necessary to assure that the 
information furnished to retirement counselors of agencies 
under the program is current.
    (2) The Director shall conduct a training session under the 
training program at least once every 3 months.
    (3) Once each year, each retirement counselor of an agency 
shall successfully complete a training session conducted under 
the training program.

Sec. 8351. Participation in the Thrift Savings Plan

    (a)(1) An employee or Member may elect to contribute to the 
Thrift Savings Fund established by section 8437 of this title.
    (2) An election may be made under paragraph (1) only during 
a period provided under section 8432(b) for individuals who are 
subject to chapter 84 of this title.
    (b)(1) Except as otherwise provided in this subsection, the 
provisions of subchapters III and VII of chapter 84 of this 
title shall apply with respect to employees and Members making 
contributions to the Thrift Savings Fund under subsection (a) 
of this section.
    (2)(A) An employee or Member may contribute to the Thrift 
Savings Fund in any pay period any amount not exceeding the 
maximum percentage of such employee's or Member's basic pay for 
such pay period allowable under subparagraph (B).
    (B) The maximum percentage allowable under this 
subparagraph shall be determined in accordance with the 
following table:

In the case of a pay period beginning in fiscal year:        The maximum
                                                              percentage
                                                           allowable is:
    2001..........................................................    6 
    2002..........................................................    7 
    2003..........................................................    8 
    2004..........................................................    9 
    2005..........................................................   10 
    2006 or thereafter............................................ 100. 
    (3) No contributions may be made by an employing agency for 
the benefit of an employee or Member under section 8432(c) of 
this title.
    (4) Section 8433(b) of this title applies to any employee 
or Member who elects to make contributions to the Thrift 
Savings Fund under subsection (a) of this section and separates 
from Government employment.
    (5)(A) The provisions of section 8435 of this title that 
require a waiver or consent by the spouse of an employee or 
Member (or former employee or Member) shall not apply with 
respect to sums in the Thrift Savings Fund contributed by the 
employee or Member (or former employee or Member) and earnings 
in the fund attributable to such sums.
    (B) An election or change of election authorized by 
subchapter III of chapter 84 of this title shall be effective 
in the case of a married employee or Member, and a loan or 
withdrawal may be approved under section 8433(g) and (h) of 
this title in such case, only after the Executive Director 
notifies the employee's or Member's spouse that the election or 
change of election has been made or that the Executive Director 
has received an application for such loan or withdrawal, as the 
case may be.
    (C) Subparagraph (B) may be waived with respect to a spouse 
if the employee or Member establishes to the satisfaction of 
the Executive Director of the Federal Retirement Thrift 
Investment Board that the whereabouts of such spouse cannot be 
determined.
    (D) Except with respect to the making of loans or 
withdrawals under section 8433(g) or (h), none of the 
provisions of this paragraph requiring notification to a spouse 
or former spouse or an employee, Member, former employee, or 
former Member shall apply in any case in which the 
nonforfeitable account balance of the employee, Member, former 
employee, or former Member is $3,500 or less.
    (6) Notwithstanding paragraph (4), if an employee or Member 
separates from Government employment and such employee's or 
Member's nonforfeitable account balance is less than an amount 
that the Executive Director prescribes by regulation, the 
Executive Director shall pay the nonforfeitable account balance 
to the participant in a single payment
    (7) For the purpose of this section, the term 
``nonforfeitable account balance'' has the same meaning as 
under section 8401(32).
    (8) \1\ In applying section 8432b to an employee 
contributing to the Thrift Savings Fund after being restored to 
or reemployed in a position subject to this subchapter, 
pursuant to chapter 43 of title 38--
---------------------------------------------------------------------------
    \1\ For the effective date of the amendment made by clauses (i) and 
(ii) of section 661(a)(3)(B) of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 671) see section 663 
set out as a footnote at the end of section 8440e.
---------------------------------------------------------------------------
            (A) any reference in such section to contributions 
        under section 8432(a) shall be considered a reference 
        to employee contributions under this section, except 
        that the reference in section 8432b(b)(2)(B) to 
        employee contributions under section 8432(a) shall be 
        considered a reference to employee contributions under 
        this subchapter and section 8440e; \1\
            (B) the contribution rate under section 
        8432b(b)(2)(A) shall be the maximum percentage 
        allowable under subsection (b)(2) of this section; and
            (C) subsections (c) and (d) of section 8432b shall 
        be disregarded.
            (9) \1\ For the purpose of this section, separation 
        from Government employment includes a transfer 
        described in section 8431.
---------------------------------------------------------------------------
    \1\ Indentation so in law.
---------------------------------------------------------------------------
    (c) A member of the Foreign Service described in section 
103(6) of the Foreign Service Act of 1980 shall be ineligible 
to make any election under this section.
    (d) A foreign national employee of the Central Intelligence 
Agency whose services are performed outside the United States 
shall be ineligible to make an election under this section.
    (e) The Executive Director of the Federal Retirement Thrift 
Investment Board may prescribe regulations to carry out this 
section.


            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
8401.    Definitions.
8402.    Federal Employees' Retirement System; exclusions.
8403.    Relationship to the Social Security Act.

                      SUBCHAPTER II--BASIC ANNUITY

8410.    Eligibility for annuity.
8411.    Creditable service.
8412.    Immediate retirement.
8413.    Deferred retirement.
8414.    Early retirement.
8415.    Computation of basic annuity.
8416.    Survivor reduction for a current spouse.
8417.    Survivor reduction for a former spouse.
8418.    Survivor elections; deposit; offsets.
8419.    Survivor reductions; computation.
8420.    Insurable interest reductions.
8420a.   Alternative forms of annuities.
8421.    Annuity supplement.
8421a.   Reductions on account of earnings from work performed while 
          entitled to an annuity supplement.
8422.    Deductions from pay; contributions for military service.
8423.    Government contributions.
8424.    Lump-sum benefits; designation of beneficiary; order of 
          precedence.
8425.    Mandatory separation.

                   SUBCHAPTER III--THRIFT SAVINGS PLAN

8431.    Certain transfers to be treated as a separation.
8432.    Contributions.
8432a.   Payment of lost earnings.
8432b.   Contributions of persons who perform military service.
8432c.   Contributions of certain persons reemployed after service with 
          international organizations.
8433.    Benefits and election of benefits.
8434.    Annuities: methods of payment; election; purchase.
8435.    Protections for spouses and former spouses.
8436.    Administrative provisions.
8437.    Thrift Savings Fund.
8438.    Investment of Thrift Savings Fund.
8439.    Accounting and information.
8440.    Tax treatment of the Thrift Savings Fund.
8440a.   Justices and judges.
8440b.   Bankruptcy judges and magistrates.
8440c.   Claims Court judges.
8440d.   Judges of the United States Court of Appeals for Veterans 
          Claims.
8440e.   Members of the uniformed services.
8440f.   Maximum percentage allowable for certain participants.

                    SUBCHAPTER IV--SURVIVOR ANNUITIES

8441.    Definitions.
8442.    Rights of a widow or widower.
8443.    Rights of a child.
8444.    Rights of a named individual with an insurable interest.
8445.    Rights of a former spouse.

                    SUBCHAPTER V--DISABILITY BENEFITS

8451.    Disability retirement.
8452.    Computation of disability annuity.
8453.    Application.
8454.    Medical examination.
8455.    Recovery; restoration of earning capacity.
8456.    Military reserve technicians.

          SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS

8461.    Authority of the Office of Personnel Management.
8462.    Cost-of-living adjustments.
8463.    Rate of benefits.
8464.    Commencement and termination of annuities of employees and 
          Members.
8464a.   Relationship between annuity and workers' compensation.
8465.    Waiver, allotment, and assignment of benefits.
8466.    Application for benefits.
8467.    Court orders.
8468.    Annuities and pay on reemployment.
8469.    Withholding of State income taxes.
8470.    Exemption from legal process; recovery of payments.

 SUBCHAPTER VII--FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM

8471.    Definitions.
8472.    Federal Retirement Thrift Investment Board.
8473.    Employee Thrift Advisory Council.
8474.    Executive Director.
8475.    Investment policies.
8476.    Administrative provisions.
8477.    Fiduciary responsibilities; liability and penalties.
8478.    Bonding.
8478a.   Investigative authority.
8479.    Exculpatory provisions; insurance.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 8401. Definitions

    For the purpose of this chapter--
            (1) the term ``account'' means an account 
        established and maintained under section 8439(a) of 
        this title;
            (2) the term ``annuitant'' means a former employee 
        or Member who, on the basis of that individual's 
        service, meets all requirements for title to an annuity 
        under subchapter II or V of this chapter and files 
        claim therefor;
            (3) the term ``average pay'' means the largest 
        annual rate resulting from averaging an employee's or 
        Member's rates of basic pay in effect over any 3 
        consecutive years of service or, in the case of an 
        annuity under this chapter based on service of less 
        than 3 years, over the total service, with each rate 
        weighted by the period it was in effect;
            (4) the term ``basic pay'' has the meaning given 
        such term by section 8331(3);
            (5) the term ``Board'' means the Federal Retirement 
        Thrift Investment Board established by section 8472(a) 
        of this title;
            (6) the term ``Civil Service Retirement and 
        Disability Fund'' or ``Fund'' means the Civil Service 
        Retirement and Disability Fund under section 8348;
            (7) the term ``court'' means any court of any 
        State, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the Northern Mariana Islands, or the 
        Virgin Islands, and any Indian court;
            (8) the term ``Director'' means the Director of the 
        Office of Personnel Management;
            (9) the term ``dynamic assumptions'' means economic 
        assumptions that are used in determining actuarial 
        costs and liabilities of a retirement system and in 
        anticipating the effects of long-term future--
                    (A) investment yields;
                    (B) increases in rates of basic pay; and
                    (C) rates of price inflation;
            (10) the term ``earnings'', when used with respect 
        to the Thrift Savings Fund, means the amount of the 
        gain realized or yield received from the investment of 
        sums in such Fund;
            (11) the term ``employee'' means--
                    (A) an individual referred to in 
                subparagraph (A), (E), (F), (H), (I), (J), or 
                (K) of section 8331(1) of this title;
                    (B) a Congressional employee as defined in 
                section 2107 of this title, including a 
                temporary Congressional employee and an 
                employee of the Congressional Budget Office; 
                and
                    (C) an employee described in section 
                2105(c) who has made an election under section 
                8461(n)(1) to remain covered under this 
                chapter;
        whose civilian service after December 31, 1983, is 
        employment for the purposes of title II of the Social 
        Security Act and chapter 21 of the Internal Revenue 
        Code of 1986, except that such term does not include--
                    (i) any individual referred to in--
                            (I) clause (i), (vi), or (ix) of 
                        paragraph (1) of section 8331;
                            (II) clause (ii) of such paragraph; 
                        or
                            (III) the undesignated material 
                        after the last clause of such 
                        paragraph;
                    (ii) any individual excluded under section 
                8402(c) of this title;
                    (iii) a member of the Foreign Service 
                described in section 103(6) of the Foreign 
                Service Act of 1980; or
                    (iv) an employee who has made an election 
                under section 8461(n)(2) to remain covered by a 
                retirement system established for employees 
                described in section 2105(c);
            (12) the term ``former spouse'' means a former 
        spouse of an individual--
                    (A) if such individual performed at least 
                18 months of civilian service creditable under 
                section 8411 as an employee or Member; and
                    (B) if the former spouse was married to 
                such individual for at least 9 months;
            (13) the term ``Executive Director'' means the 
        Executive Director appointed under section 8474(a);
            (14) the term ``firefighter'' means--
                    (A) an employee, the duties of whose 
                position--
                            (i) are primarily to perform work 
                        directly connected with the control and 
                        extinguishment of fires; and
                            (ii) are sufficiently rigorous that 
                        employment opportunities should be 
                        limited to young and physically 
                        vigorous individuals, as determined by 
                        the Director considering the 
                        recommendations of the employing 
                        agency; and
                    (B) an employee who is transferred directly 
                to a supervisory or administrative position 
                after performing duties described in 
                subparagraph (A) for at least 3 years;
            (15) the term ``Government'' means the Federal 
        Government, Gallaudet College, and, in the case of an 
        employee described in paragraph (11)(C), a 
        nonappropriated fund instrumentality of the Department 
        of Defense or the Coast Guard described in section 
        2105(c);
            (16) the term ``Indian court'' has the meaning 
        given such term by section 8331(24);
            (17) the term ``law enforcement officer'' means--
                    (A) an employee, the duties of whose 
                position--
                            (i) are primarily--
                                    (I) the investigation, 
                                apprehension, or detention of 
                                individuals suspected or 
                                convicted of offenses against 
                                the criminal laws of the United 
                                States, or
                                    (II) the protection of 
                                officials of the United States 
                                against threats to personal 
                                safety; and
                            (ii) are sufficiently rigorous that 
                        employment opportunities should be 
                        limited to young and physically 
                        vigorous individuals, as determined by 
                        the Director considering the 
                        recommendations of the employing 
                        agency;
                    (B) an employee of the Department of the 
                Interior or the Department of the Treasury 
                (excluding any employee under subparagraph (A)) 
                who occupies a position that, but for the 
                enactment of the Federal Employees' Retirement 
                System Act of 1986, would be subject to the 
                District of Columbia Police and Firefighters' 
                Retirement System, as determined by the 
                Secretary of the Interior or the Secretary of 
                the Treasury, as appropriate;
                    (C) an employee who is transferred directly 
                to a supervisory or administrative position 
                after performing duties described in 
                subparagraph (A) and (B) for at least 3 years; 
                and
                    (D) an employee--
                            (i) of the Bureau of Prisons or 
                        Federal Prison Industries, 
                        Incorporated;
                            (ii) of the Public Health Service 
                        assigned to the field service of the 
                        Bureau of Prisons or of the Federal 
                        Prison Industries, Incorporated; or
                            (iii) in the field service at Army 
                        or Navy disciplinary barracks or at any 
                        other confinement and rehabilitation 
                        facility operated by any of the armed 
                        forces;
                whose duties in connection with individuals in 
                detention suspected or convicted of offenses 
                against the criminal laws of the United States 
                or of the District of Columbia or offenses 
                against the punitive articles of the Uniform 
                Code of Military Justice (chapter 47 of title 
                10) require frequent direct contact with these 
                individuals in their detention and are 
                sufficiently rigorous that employment 
                opportunities should be limited to young and 
                physically vigorous individuals, as determined 
                by the head of the employing agency;
            (18) the term ``loss'', as used with respect to the 
        Thrift Savings Fund, includes the amount of any loss 
        resulting from the investment of sums in such Fund, or 
        from the breach of any responsibility, duty, or 
        obligation under section 8477.
            (19) the term ``lump-sum credit'' means the 
        unrefunded amount consisting of--
                    (A) retirement deductions made from the 
                basic pay of an employee or Member under 
                section 8422(a) of this title (or under section 
                204 of the Federal Employees' Retirement 
                Contribution Temporary Adjustment Act of 1983);
                    (B) amounts deposited by an employee or 
                Member under section 8422(e);
                    (C) amounts deposited by an employee, 
                Member, or survivor under section 8411(f); and
                    (D) interest on the deductions and deposits 
                which, for any calendar year, shall be equal to 
                the overall average yield to the Fund during 
                the preceding fiscal year from all obligations 
                purchased by the Secretary of the Treasury 
                during such fiscal year under section 8348 (c), 
                (d), and (e), as determined by the Secretary 
                (compounded annually);
        but does not include interest--
                    (i) if the service covered thereby 
                aggregates 1 year or less; or
                    (ii) for a fractional part of a month in 
                the total service;
            (20) the term ``Member'' has the same meaning as 
        provided in section 2106, except that such term does 
        not include an individual who irrevocably elects, by 
        written notice to the official by whom such individual 
        is paid, not to participate in the Federal Employees' 
        Retirement System;
            (21) the term ``net earnings'' means the excess of 
        earnings over losses;
            (22) the term ``net losses'' means the excess of 
        losses over earnings;
            (23) \1\ the term ``normal-cost percentage'' means 
        the entry-age normal cost of the provisions of the 
        System which relate to the Fund, computed by the Office 
        in accordance with generally accepted actuarial 
        practice and standards (using dynamic assumptions) and 
        expressed as a level percentage of aggregate basic pay;
---------------------------------------------------------------------------
    \1\ See also section 307 of Public Law 99-335 (June 6, 1986) which 
provides:
---------------------------------------------------------------------------

SEC. 307. USE OF ``NORMAL-COST PERCENTAGE''.
---------------------------------------------------------------------------

      Notwithstanding any other provision of law, the normal-cost 
percentage (as defined by section 8401(23) of title 5, United States 
Code, as added by this Act) of the Federal Employees' Retirement System 
shall be used to value the cost of the System for all purposes in which 
the cost of the System is required to be determined by the Federal 
Government, including any comparisons between the cost of performing 
commercial activities under contract with commercial sources and the 
cost of performing those activities using Government facilities and 
personnel.
---------------------------------------------------------------------------
            (24) the term ``Office'' means the Office of 
        Personnel Management;
            (25) the term ``price index'' has the same meaning 
        as provided in section 8331(15);
            (26) the term ``service'' means service which is 
        creditable under section 8411;
            (27) the term ``supplemental liability'' means the 
        estimated excess of--
                    (A) the actuarial present value of all 
                future benefits payable from the Fund under 
                this chapter based on the service of current or 
                former employees or Members, over
                    (B) the sum of--
                            (i) the actuarial present value of 
                        deductions to be withheld from the 
                        future basic pay of employees and 
                        Members currently subject to this 
                        chapter pursuant to section 8422;
                            (ii) the actuarial present value of 
                        the future contributions to be made 
                        pursuant to section 8423(a) with 
                        respect to employees and Members 
                        currently subject to this chapter;
                            (iii) the Fund balance as of the 
                        date the supplemental liability is 
                        determined, to the extent that such 
                        balance is attributable--
                                    (I) to the System, or
                                    (II) to contributions made 
                                under the Federal Employees' 
                                Retirement Contribution 
                                Temporary Adjustment Act of 
                                1983 by or on behalf of an 
                                individual who became subject 
                                to the System; and
                            (iv) any other appropriate amount, 
                        as determined by the Office in 
                        accordance with generally accepted 
                        actuarial practices and principles;
            (28) the term ``survivor'' means an individual 
        entitled to an annuity under subchapter IV of this 
        chapter;
            (29) the term ``System'' means the Federal 
        Employees' Retirement System described in section 
        8402(a);
            (30) the term ``military technician (dual status)'' 
        means an employee described in section 10216 of title 
        10;
            (31) the term ``military service'' means honorable 
        active service--
                    (A) in the armed forces;
                    (B) in the commissioned corps of the Public 
                Health Service after June 30, 1960; or
                    (C) in the commissioned corps of the 
                National Oceanic and Atmospheric 
                Administration, or a predecessor entity in 
                function, after June 30, 1961;
        but does not include service in the National Guard 
        except when ordered to active duty in the service of 
        the United States or full-time National Guard duty (as 
        such term is defined in section 101(d) of title 10) if 
        such service interrupts creditable civilian service 
        under this subchapter and is followed by reemployment 
        in accordance with chapter 43 of title 38 that occurs 
        on or after August 1, 1990;
            (32) the term ``nonforfeitable account balance'' 
        means any amounts in an account, established and 
        maintained under subchapter III, which are 
        nonforfeitable (as determined under section 8432(g));
            (33) ``Nuclear materials courier'' has the meaning 
        given that term in section 8331(27); and
            (34) the term ``Government physician'' has the 
        meaning given such term under section 5948.

Sec. 8402. Federal Employees' Retirement System; exclusions

    (a) The provisions of this chapter comprise the Federal 
Employees' Retirement System.
    (b) The provisions of this chapter shall not apply with 
respect to--
            (1) any individual who has performed service of a 
        type described in subparagraph (C), (D), (E), or (F) of 
        section 210(a)(5) of the Social Security Act 
        continuously since December 31, 1983 (determined in 
        accordance with the provisions of section 210(a)(5)(B) 
        of the Social Security Act, relating to continuity of 
        employment); or
            (2)(A) any employee or Member who has separated 
        from the service after--
                    (i) having been subject to--
                            (I) subchapter III of chapter 83 of 
                        this title;
                            (II) subchapter I of chapter 8 of 
                        title I of the Foreign Service Act of 
                        1980; or
                            (III) the benefit structure for 
                        employees of the Board of Governors of 
                        the Federal Reserve System appointed 
                        before January 1, 1984, that is a 
                        component of the Retirement Plan for 
                        Employees of the Federal Reserve 
                        System, established under section 10 of 
                        the Federal Reserve Act; and
                    (ii) having completed--
                            (I) at least 5 years of civilian 
                        service creditable under subchapter III 
                        of chapter 83 of this title;
                            (II) at least 5 years of civilian 
                        service creditable under subchapter I 
                        of chapter 8 of title I of the Foreign 
                        Service Act of 1980; or
                            (III) at least 5 years of civilian 
                        service (other than any service 
                        performed in the employ of a Federal 
                        Reserve Bank) creditable under the 
                        benefit structure for employees of the 
                        Board of Governors of the Federal 
                        Reserve System appointed before January 
                        1, 1984, that is a component of the 
                        Retirement Plan for Employees of the 
                        Federal Reserve System, established 
                        under section 10 of the Federal Reserve 
                        Act,
                determined without regard to any deposit or 
                redeposit requirement under either such 
                subchapter or under such benefit structure, or 
                any requirement that the individual become 
                subject to either such subchapter or to such 
                benefit structure after performing the service 
                involved; or
            (B) any employee having at least 5 years of 
        civilian service performed before January 1, 1987, 
        creditable under subchapter III of chapter 83 of this 
        title (determined without regard to any deposit or 
        redeposit requirement under such subchapter, any 
        requirement that the individual become subject to such 
        subchapter after performing the service involved, or 
        any requirement that the individual give notice in 
        writing to the official by whom such individual is paid 
        of such individual's desire to become subject to such 
        subchapter);
except to the extent provided for under subsection (d) of this 
section or title III of the Federal Employees' Retirement 
System Act of 1986 pursuant to an election under such title to 
become subject to this chapter.
    (c)(1) The Office may exclude from the operation of this 
chapter an employee or group of employees in or under an 
Executive agency, the United States Postal Service, or the 
Postal Rate Commission, whose employment is temporary or 
intermittent, except an employee whose employment is part-time 
career employment (as defined in section 3401(2)).
    (2) The Architect of the Capitol may exclude from the 
operation of this chapter an employee under the Office of the 
Architect of the Capitol whose employment is temporary or of 
uncertain duration.
    (3) The Librarian of Congress may exclude from the 
operation of this chapter an employee under the Library of 
Congress whose employment is temporary or of uncertain 
duration.
    (4) The Director or Acting Director of the Botanic Garden 
may exclude from the operation of this chapter an employee 
under the Botanic Garden whose employment is temporary or of 
uncertain duration.
    (5) The Chief Administrative Officer of the House of 
Representatives and the Secretary of the Senate each may 
exclude from the operation of this chapter a Congressional 
employee--
            (A) whose employment is temporary or intermittent; 
        and
            (B) who is paid by such Chief Administrative 
        Officer or Secretary, as the case may be.
    (6) The Director of the Office of Technology Assessment may 
exclude from the operation of this chapter an employee under 
the Office of Technology Assessment whose employment is 
temporary or intermittent.
    (7) The Director of the Congressional Budget Office may 
exclude from the operation of this chapter an employee under 
the Congressional Budget Office whose employment is temporary 
or intermittent.
    (8) The Director of the Administrative Office of the United 
States Courts may exclude from the operation of this chapter an 
employee of the Administrative Office of the United States 
Courts, the Federal Judicial Center, or a court named by 
section 610 of title 28, whose employment is temporary or of 
uncertain duration.
    (9) The Joint Committee on Judicial Administration in the 
District of Columbia may exclude from the operation of this 
chapter an employee of the District of Columbia Courts whose 
employment is temporary or of uncertain duration.
    (d) Paragraph (2) of subsection (b) shall not apply to an 
individual who--
            (1) becomes subject to--
                    (A) subchapter II of chapter 8 of title I 
                of the Foreign Service Act of 1980 (relating to 
                the Foreign Service Pension System) pursuant to 
                an election; or
                    (B) the benefit structure in which 
                employees of the Board of Governors of the 
                Federal Reserve System appointed on or after 
                January 1, 1984, participate, which benefit 
                structure is a component of the Retirement Plan 
                for Employees of the Federal Reserve System, 
                established under section 10 of the Federal 
                Reserve Act (and any redesignated or successor 
                version of such benefit structure, if so 
                identified in writing by the Board of Governors 
                of the Federal Reserve System for purposes of 
                this chapter); and
            (2) subsequently enters a position in which, but 
        for paragraph (2) of subsection (b), such individual 
        would be subject to this chapter.
    (e) A bankruptcy judge or magistrate who is covered by 
section 377 of title 28 or section 2(c) of the Retirement and 
Survivors' Annuities for Bankruptcy Judges and Magistrates Act 
of 1988 shall be excluded from the operation of this chapter, 
other than subchapters III and VII of such chapter, if the 
judge or magistrate notifies the Director of the Administrative 
Office of the United States Courts of an election of a 
retirement annuity under those provisions. Upon such election, 
the judge or magistrate shall be entitled to a lump-sum credit 
under section 8424 of this title.
    (f) A judge who is covered by section 4096 of title 38 
shall be excluded from the operation of this chapter if the 
judge notifies the Director of the Office of Personnel 
Management of an election of a retirement annuity under that 
section. Upon such election, the judge shall be entitled to a 
lump-sum credit under section 8424 of this title.
    (g) A judge of the United States Claims Court who is 
covered by section 178 of title 28 shall be excluded from the 
operation of this chapter, other than subchapters III and VII 
of such chapter, if the judge notifies the Director of the 
Administrative Office of the United States Courts of an 
election of a retirement annuity under those provisions. Upon 
such election, the judge shall be entitled to a lump-sum credit 
under section 8424 of this title.

Sec. 8403. Relationship to the Social Security Act

    Except as otherwise provided in this chapter, the benefits 
payable under the System are in addition to the benefits 
payable under the Social Security Act.


                      SUBCHAPTER II--BASIC ANNUITY

Sec. 8410. Eligibility for annuity

    Notwithstanding any other provision of this chapter, an 
employee or Member must complete at least 5 years of civilian 
service creditable under section 8411 in order to be eligible 
for an annuity under this subchapter.

Sec. 8411. Creditable service

    (a)(1) The total service of an employee or Member is the 
full years and twelfth parts thereof, excluding from the 
aggregate the fractional part of a month, if any.
    (2) Credit may not be allowed for a period of separation 
from the service in excess of 3 calendar days.
    (b) For the purpose of this chapter, creditable service of 
an employee or Member includes--
            (1) employment as an employee, and any service as a 
        Member (including the period from the date of the 
        beginning of the term for which elected or appointed to 
        the date of taking office as a Member), after December 
        31, 1986;
            (2) except as provided in subsection (f), service 
        with respect to which deductions and withholdings under 
        section 204(a)(1) of the Federal Employees' Retirement 
        Contribution Temporary Adjustment Act of 1983 have been 
        made;
            (3) except as provided in subsection (f) or (h), 
        any civilian service (performed before January 1, 1989, 
        other than any service under paragraph (1) or (2)) 
        which, but for the amendments made by subsections 
        (a)(4) and (b) of section 202 of the Federal Employees' 
        Retirement System Act of 1986, would be creditable 
        under subchapter III of chapter 83 of this title 
        (determined without regard to any deposit or redeposit 
        requirement under such subchapter, any requirement that 
        the individual become subject to such subchapter after 
        performing the service involved, or any requirement 
        that the individual give notice in writing to the 
        official by whom such individual is paid of such 
        individual's desire to become subject to such 
        subchapter);
            (4) a period of service (other than any service 
        under any other paragraphs of this subsection and other 
        than any military service) that was creditable under 
        the Foreign Service Pension System described in 
        subchapter II of chapter 8 of the Foreign Service Act 
        of 1980, if the employee or Member waives credit for 
        such service under the Foreign Service Pension System 
        and makes a payment to the Fund equal to the amount 
        that would have been deducted from pay under section 
        8422(a) had the employee been subject to this chapter 
        during such period of service (together with interest 
        on such amount computed under paragraphs (2) and (3) of 
        section 8334(e)); and
            (5) a period of service (other than any service 
        under any other paragraph of this subsection, any 
        military service, and any service performed in the 
        employ of a Federal Reserve Bank) that was creditable 
        under the Bank Plan (as defined in subsection (i)), if 
        the employee waives credit for such service under the 
        Bank Plan and makes a payment to the Fund equal to the 
        amount that would have been deducted from pay under 
        section 8422(a) had the employee been subject to this 
        chapter during such period of service (together with 
        interest on such amount computed under paragraphs (2) 
        and (3) of section 8334(e)).
Paragraph (5) shall not apply in the case of any employee as to 
whom subsection (g) (or, to the extent subchapter III of 
chapter 83 is involved, section 8332(n)) otherwise applies.
    (c)(1) Except as provided in paragraphs (2), (3), and (5), 
an employee or Member shall be allowed credit for--
            (A) each period of military service performed 
        before January 1, 1957; and
            (B) each period of military service performed after 
        December 31, 1956, and before the separation on which 
        title to annuity is based, if a deposit (including 
        interest, if any) is made with respect to such period 
        in accordance with section 8422(e).
    (2) If an employee or Member is awarded retired pay based 
on any period of military service, the service of the employee 
or Member may not include credit for such period of military 
service unless the retired pay is awarded--
            (A) based on a service-connected disability--
                    (i) incurred in combat with an enemy of the 
                United States; or
                    (ii) caused by an instrumentality of war 
                and incurred in line of duty during a period of 
                war as defined by section 301 of title 38; or
            (B) under chapter 1223 of title 10 (or under 
        chapter 67 of that title as in effect before the 
        effective date of the Reserve Officer Personnel 
        Management Act).
    (3) An employee or Member who has made a deposit under 
section 8334(j) (or a similar prior provision of law) with 
respect to a period of military service, and who has not taken 
a refund of such deposit--
            (A) shall be allowed credit for such service 
        without regard to the deposit requirement under 
        paragraph (1)(B); and
            (B) shall be entitled, upon filing appropriate 
        application therefor with the Office, to a refund equal 
        to the difference between--
                    (i) the amount deposited with respect to 
                such period under such section 8334(j) (or 
                prior provision), excluding interest; and
                    (ii) the amount which would otherwise have 
                been required with respect to such period under 
                paragraph (1)(B).
      (4)(A) Notwithstanding paragraph (2), for purposes of 
computing a survivor annuity for a survivor of an employee or 
Member--
            (i) who was awarded retired pay based on any period 
        of military service, and
            (ii) whose death occurs before separation from the 
        service,
creditable service of the deceased employee or Member shall 
include each period of military service includable under 
subparagraph (A) or (B) of paragraph (1) or under paragraph 
(3). In carrying out this subparagraph, any amount deposited 
under section 8422(e)(5) shall be taken into account.
      (B) A survivor annuity computed based on an amount which, 
under authority of subparagraph (A), takes into consideration 
any period of military service shall be reduced by the amount 
of any survivor's benefits--
            (i) payable to a survivor (other than a child) 
        under a retirement system for members of the uniformed 
        services;
            (ii) if, or to the extent that, such benefits are 
        based on such period of military service.
      (C) The Office of Personnel Management shall prescribe 
regulations to carry out this paragraph, including regulations 
under which--
            (i) a survivor may elect not to be covered by this 
        paragraph; and
            (ii) this paragraph shall be carried out in any 
        case which involves a former spouse.
    (5) If, after January 1, 1997, an employee or Member waives 
retired pay that is subject to a court order for which there 
has been effective service on the Secretary concerned for 
purposes of section 1408 of title 10, the military service on 
which the retired pay is based may be credited as service for 
purposes of this chapter only if the employee or Member 
authorizes the Director to deduct and withhold from the annuity 
payable to the employee or Member under this subchapter an 
amount equal to the amount that, if the annuity payment was 
instead a payment of the employee's or Member's retired pay, 
would have been deducted and withheld and paid to the former 
spouse covered by the court order under such section 1408. The 
amount deducted and withheld under this paragraph shall be paid 
to that former spouse. The period of civil service employment 
by the employee or Member shall not be taken into consideration 
in determining the amount of the deductions and withholding or 
the amount of the payment to the former spouse. The Director of 
the Office of Personnel Management shall prescribe regulations 
to carry out this paragraph.
    (d) Credit under this chapter shall be allowed for leaves 
of absence without pay granted an employee while performing 
military service, or while receiving benefits under subchapter 
I of chapter 81. An employee or former employee who returns to 
duty after a period of separation is deemed, for the purpose of 
this subsection, to have been on leave of absence without pay 
for that part of the period in which that individual was 
receiving benefits under subchapter I of chapter 81. Credit may 
not be allowed for so much of other leaves of absence without 
pay as exceeds 6 months in the aggregate in a calendar year.
    (e) Credit shall be allowed for periods of approved leave 
without pay granted an employee to serve as a full-time officer 
or employee of an organization composed primarily of employees 
(as defined by section 8331(1) or 8401(11)), subject to the 
employee arranging to pay, through the employee's employing 
agency, within 60 days after commencement of such leave without 
pay, amounts equal to the retirement deductions and agency 
contributions which would be applicable under sections 8422(a) 
and 8423(a), respectively, if the employee were in pay status. 
If the election and all payments provided by this subsection 
are not made, the employee may not receive credit for the 
periods of leave without pay, notwithstanding the third 
sentence of subsection (d).
    (f)(1) An employee or Member who has received a refund of 
retirement deductions under subchapter III of chapter 83 with 
respect to any service described in subsection (b)(2) or (b)(3) 
may not be allowed credit for such service under this chapter 
unless such employee or Member deposits an amount equal to 1.3 
percent of basic pay for such service, with interest. A deposit 
under this paragraph may be made only with respect to a refund 
received pursuant to an application filed with the Office 
before the date on which the employee or Member first becomes 
subject to this chapter.
    (2) An employee or Member may not be allowed credit under 
this chapter for any service described in subsection (b)(3) for 
which retirement deductions under subchapter III of chapter 83 
have not been made, unless such employee or Member deposits an 
amount equal to 1.3 percent of basic pay for such service, with 
interest.
    (3) Interest under paragraph (1) or (2) shall be computed 
in accordance with paragraphs (2) and (3) of section 8334(e) 
and regulations prescribed by the Office.
    (4) For the purpose of survivor annuities, deposits 
authorized by the preceding provisions of this subsection may 
also be made by a survivor of an employee or Member.
    (g) Any employee who--
            (1) served in a position in which the employee was 
        excluded from coverage under this subchapter because 
        the employee was covered under a retirement system 
        established under section 10 of the Federal Reserve 
        Act; and
            (2) transferred without a break in service to a 
        position to which the employee was appointed by the 
        President, with the advice and consent of the Senate, 
        and in which position the employee is subject to this 
        subchapter,
shall be treated for all purposes of this subchapter as if any 
service that would have been creditable under the retirement 
system established under section 10 of the Federal Reserve Act 
was service performed while subject to this subchapter if any 
employee and employer deductions, contributions or rights with 
respect to the employee's service are transferred from such 
retirement system to the Fund.
    (h) An employee or Member shall be allowed credit for 
service as a volunteer or volunteer leader under part A of 
title VIII of the Economic Opportunity Act of 1964, as a full-
time volunteer enrolled in a program of at least 1 year's 
duration under part A, B, or C of title I of the Domestic 
Volunteer Service Act of 1973, or as a volunteer or volunteer 
leader under the Peace Corps Act performed at any time prior to 
the separation on which the entitlement to any annuity under 
this subchapter is based if the employee or Member has made a 
deposit with interest, if any, with respect to such service 
under section 8422(f).
    (i) For purposes of subsection (b)(5), the term ``Bank 
Plan'' means the benefit structure in which employees of the 
Board of Governors of the Federal Reserve System appointed on 
or after January 1, 1984, participate, which benefit structure 
is a component of the Retirement Plan for Employees of the 
Federal Reserve System, established under section 10 of the 
Federal Reserve Act (and any redesignated or successor version 
of such benefit structure, if so identified in writing by the 
Board of Governors of the Federal Reserve System for purposes 
of this chapter).
    (i)(1) \1\ Upon application to the Office of Personnel 
Management, any individual who was an employee on the date of 
enactment of this paragraph, and who has on such date or 
thereafter acquired 5 years or more of creditable civilian 
service under this section (exclusive of service for which 
credit is allowed under this subsection) shall be allowed 
credit (as service as a congressional employee) for service 
before December 31, 1990, while employed by the Democratic 
Senatorial Campaign Committee, the Republican Senatorial 
Campaign Committee, the Democratic National Congressional 
Committee, or the Republican National Congressional Committee, 
if--
---------------------------------------------------------------------------
    \1\ So in law. See section 202(a)(2) of the Federal Reserve Board 
Retirement Portability Act (Public Law 106-168) and section 901(a)(2) 
of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-196), as 
enacted into law by section 1(a)(4) of Public Law 106-554.
---------------------------------------------------------------------------
            (A) such employee has at least 4 years and 6 months 
        of service on such committees as of December 31, 1990; 
        and
            (B) such employee deposits to the Fund an amount 
        equal to 1.3 percent of the base pay for such service, 
        with interest.
    (2) The Office shall accept the certification of the 
President of the Senate (or the President's designee) or the 
Speaker of the House of Representatives (or the Speaker's 
designee), as the case may be, concerning the service of, and 
the amount of compensation received by, an employee with 
respect to whom credit is to be sought under this subsection.
    (3) An individual shall not be granted credit for such 
service under this subsection if eligible for credit under 
section 8332(m) for such service.

Sec. 8412. Immediate retirement

    (a) An employee or Member who is separated from the service 
after attaining the applicable minimum retirement age under 
subsection (h) and completing 30 years of service is entitled 
to an annuity.
    (b) An employee or Member who is separated from the service 
after becoming 60 years of age and completing 20 years of 
service is entitled to an annuity.
    (c) An employee or Member who is separated from the service 
after becoming 62 years of age and completing 5 years of 
service is entitled to an annuity.
    (d) An employee who is separated from the service, except 
by removal for cause on charges of misconduct or delinquency--
            (1) after completing 25 years of service as a law 
        enforcement officer, member of the Capitol Police or 
        Supreme Court Police, firefighter, or nuclear materials 
        courier, or any combination of such service totaling at 
        least 25 years, or
            (2) after becoming 50 years of age and completing 
        20 years of service as a law enforcement officer, 
        member of the Capitol Police or Supreme Court Police, 
        firefighter, or nuclear materials courier, or any 
        combination of such service totaling at least 20 years,
is entitled to an annuity.
    (e) An employee who is separated from the service, except 
by removal for cause on charges of misconduct or delinquency--
            (1) after completing 25 years of service as an air 
        traffic controller, or
            (2) after becoming 50 years of age and completing 
        20 years of service as an air traffic controller,
is entitled to an annuity.
    (f) A Member who is separated from the service, except by 
resignation or expulsion--
            (1) after completing 25 years of service, or
            (2) after becoming 50 years of age and completing 
        20 years of service,
is entitled to an annuity.
    (g)(1) An employee or Member who is separated from the 
service after attaining the applicable minimum retirement age 
under subsection (h) and completing 10 years of service is 
entitled to an annuity. This subsection shall not apply to an 
employee or Member who is entitled to an annuity under any 
other provision of this section.
    (2) An employee or Member entitled to an annuity under this 
subsection may defer the commencement of such annuity by 
written election. The date to which the commencement of the 
annuity is deferred may not precede the 31st day after the date 
of filing the election, and must precede the date on which the 
employee or Member becomes 62 years of age.
    (3) The Office shall prescribe regulations under which an 
election under paragraph (2) shall be made.
    (h)(1) The applicable minimum retirement age under this 
subsection is--
            (A) for an individual whose date of birth is before 
        January 1, 1948, 55 years of age;
            (B) for an individual whose date of birth is after 
        December 31, 1947, and before January 1, 1953, 55 years 
        of age plus the number of months in the age increase 
        factor determined under paragraph (2)(A);
            (C) for an individual whose date of birth is after 
        December 31, 1952, and before January 1, 1965, 56 years 
        of age;
            (D) for an individual whose date of birth is after 
        December 31, 1964, and before January 1, 1970, 56 years 
        of age plus the number of months in the age increase 
        factor determined under paragraph (2)(B); and
            (E) for an individual whose date of birth is after 
        December 31, 1969, 57 years of age.
    (2)(A) For an individual whose date of birth occurs during 
the 5-year period consisting of calendar years 1948 through 
1952, the age increase factor shall be equal to two-twelfths 
times the number of months in the period beginning with January 
1948 and ending with December of the year in which the date of 
birth occurs.
    (B) For an individual whose date of birth occurs during the 
5-year period consisting of calendar years 1965 through 1969, 
the age increase factor shall be equal to two-twelfths times 
the number of months in the period beginning with January 1965 
and ending with December of the year in which the date of birth 
occurs.

Sec. 8413. Deferred retirement

    (a) An employee or Member who is separated from the 
service, or transferred to a position in which the employee or 
Member does not continue subject to this chapter, after 
completing 5 years of service is entitled to an annuity 
beginning at the age of 62 years.
    (b)(1) An employee or Member who is separated from the 
service, or transferred to a position in which the employee or 
Member does not continue subject to this chapter, after 
completing 10 years of service but before attaining the 
applicable minimum retirement age under section 8412(h) is 
entitled to an annuity beginning on the date designated by the 
employee or Member in a written election under this subsection. 
The date designated under this subsection may not precede the 
date on which the employee or Member attains such minimum 
retirement age and must precede the date on which the employee 
or Member becomes 62 years of age.
    (2) The election of an annuity under this subsection shall 
not be effective unless--
            (A) it is made at such time and in such manner as 
        the Office shall by regulation prescribe; and
            (B) the employee or Member will not otherwise be 
        eligible to receive an annuity within 31 days after 
        filing the election.
    (3) The election of an annuity under this subsection 
extinguishes the right of the employee or Member to receive any 
other annuity based on the service on which the annuity under 
this subsection is based.

Sec. 8414. Early retirement

    (a)(1) A member of the Senior Executive Service who is 
removed from the Senior Executive Service for failure to be 
recertified as a senior executive under section 3393a or for 
less than fully successful executive performance (as determined 
under subchapter II of chapter 43 of this title) after 
completing 25 years of service, or after becoming 50 years of 
age and completing 20 years of service, is entitled to an 
annuity.
    (2) A member of the Defense Intelligence Senior Executive 
Service or the Senior Cryptologic Executive Service who is 
removed from such service for failure to be recertified as a 
senior executive or for less than fully successful executive 
performance after completing 25 years of service, or after 
becoming 50 years of age and completing 20 years of service, is 
entitled to an annuity.
      (3) A member of the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service who is 
removed from such service for failure to be recertified as a 
senior executive or for less than fully successful executive 
performance after completing 25 years of service or after 
becoming 50 years of age and completing 20 years of service is 
entitled to an annuity.
    (b)(1) Except as provided in paragraphs (2) and (3), an 
employee who--
            (A) is separated from the service involuntarily, 
        except by removal for cause on charges of misconduct or 
        delinquency; or
            (B) 1,2 except in the case of an 
        employee who is separated from the service under a 
        program carried out under subsection (d), while serving 
        in a geographic area designated by the Director, is 
        separated from the service voluntarily during a period 
        in which (as determined by the Director)--
---------------------------------------------------------------------------
    \1\ Section 7001(b) of the 1998 Supplemental Appropriations and 
Rescissions Act (Public Law 105-174; 112 Stat. 91), as amended by 
Public Law 106-58, title VI, Sec. 651(a), September 29, 1999, 113 Stat. 
480, provides as follows:
    (b) Federal Employees' Retirement System.--Effective May 1, 1998, 
subparagraph (B) of section 8414(b)(1) of title 5, United States Code, 
shall be applied as if it had been amended to read as follows:
---------------------------------------------------------------------------

          ``(B)(i) has been employed continuously, by the agency in 
        which the employee is serving, for at least the 31-day period 
        ending on the date on which such agency requests the 
        determination referred to in clause (iv);
          ``(ii) is serving under an appointment that is not time 
        limited;
          ``(iii) has not been duly notified that such employee is to 
        be involuntarily separated for misconduct or unacceptable 
        performance;
          ``(iv) is separated from the service voluntarily during a 
        period in which, as determined by the Office of Personnel 
        Management (upon request of the agency) under regulations 
        prescribed by the Office--

                  ``(I) such agency (or, if applicable, the component 
                in which the employee is serving) is undergoing a major 
                reorganization, a major reduction in force, or a major 
                transfer of function; and
                  ``(II) a significant percentage of the employees 
                serving in such agency (or component) will be separated 
                or subject to an immediate reduction in the rate of 
                basic pay (without regard to subchapter VI of chapter 
                53, or comparable provisions); and
                  ``(v) as determined by the agency under regulations 
                prescribed by the Office, is within the scope of the 
                offer of voluntary early retirement, which may be made 
                on the basis of--
                  ``(I) one or more organizational units;
                  ``(II) one or more occupational series or levels;
                  ``(III) one or more geographical locations;
                  ``(IV) other similar nonpersonal factors the Office 
                determines appropriate; or
                  ``(V) any appropriate combination of such factors;''.
---------------------------------------------------------------------------
    \2\ Section 1(b) of the Act entitled ``To make certain personnel 
flexibilities available with respect to the General Accounting Office, 
and for other purposes'' (Public Law 106-303; 114 Stat. 1063), enacted 
October 13, 2000, provides as follows:
    (b) Federal Employees' Retirement System.--Effective for purposes 
of the period beginning on the date of the enactment of this Act and 
ending on December 31, 2003, subparagraph (B) of section 8414(b)(1) of 
title 5, United States Code, shall, with respect to officers and 
employees of the General Accounting Office, be applied as if it had 
been amended to read as follows:
---------------------------------------------------------------------------

          ``(B)(i) has been employed continuously by the General 
        Accounting Office for at least the 31-day period immediately 
        preceding the start of the period referred to in clause (iv);
          ``(ii) is serving under an appointment that is not time 
        limited;
          ``(iii) has not received a notice of involuntary separation, 
        for misconduct or unacceptable performance, with respect to 
        which final action remains pending; and
          ``(iv) is separated from the service voluntarily during a 
        period with respect to which the Comptroller General determines 
        that the application of this subsection is necessary and 
        appropriate for the purpose of--

                  ``(I) realigning the General Accounting Office's 
                workforce in order to meet budgetary constraints or 
                mission needs;
                  ``(II) correcting skill imbalances; or
                  ``(III) reducing high-grade, managerial, or 
                supervisory positions;''.
                    (i) the agency in which the employee is 
                serving is undergoing a major reorganization, a 
                major reduction in force, or a major transfer 
                of function; and
                    (ii) a significant percentage of the total 
                number of employees serving in such agency will 
                be separated or subject to an immediate 
                reduction in the rate of basic pay (without 
                regard to subchapter VI of chapter 53 of this 
                title or comparable provisions);
after completing 25 years of service, or after becoming 50 
years of age and completing 20 years of service, is entitled to 
an annuity.
    (2) An employee under paragraph (1) who is separated as 
described in subparagraph (A) of such paragraph is not entitled 
to an annuity under this subsection if the employee has 
declined a reasonable offer of another position in the 
employee's agency for which the employee is qualified, and the 
offered position is not lower than 2 grades (or pay levels) 
below the employee's grade (or pay level) and is within the 
employee's commuting area.
    (3) Paragraph (1) shall not apply to an employee entitled 
to an annuity under subsection (d) or (e) of section 8412.
    (c)(1) An employee who was hired as a military reserve 
technician on or before February 10, 1996 (under the provisions 
of this title in effect before that date), and who is separated 
from technician service, after becoming 50 years of age and 
completing 25 years of service, by reason of being separated 
from the Selected Reserve of the employee's reserve component 
or ceasing to hold the military grade specified by the 
Secretary concerned for the position held by the employee is 
entitled to an annuity.
    (2) An employee who is initially hired as a military 
technician (dual status) after February 10, 1996, and who is 
separated from the Selected Reserve or ceases to hold the 
military grade specified by the Secretary concerned for the 
position held by the technician--
            (A) after completing 25 years of service as a 
        military technician (dual status), or
            (B) after becoming 50 years of age and completing 
        20 years of service as a military technician (dual 
        status),
is entitled to an annuity.
    (d)(1) The Secretary of Defense may, during fiscal years 
2002 and 2003, carry out a program under which an employee of 
the Department of Defense may be separated from the service 
entitled to an immediate annuity under this subchapter if the 
employee--
            (A) has--
                    (i) completed 25 years of service; or
                    (ii) become 50 years of age and completed 
                20 years of service; and
            (B) is eligible for the annuity under paragraph (2) 
        or (3).
    (2)(A) For the purposes of paragraph (1), an employee 
referred to in that paragraph is eligible for an immediate 
annuity under this paragraph if the employee--
            (i) is separated from the service involuntarily 
        other than for cause; and
            (ii) has not declined a reasonable offer of another 
        position in the Department of Defense for which the 
        employee is qualified, which is not lower than 2 grades 
        (or pay levels) below the employee's grade (or pay 
        level), and which is within the employee's commuting 
        area.
    (B) For the purposes of paragraph (2)(A)(i), a separation 
for failure to accept a directed reassignment to a position 
outside the commuting area of the employee concerned or to 
accompany a position outside of such area pursuant to a 
transfer of function may not be considered to be a removal for 
cause.
    (3) For the purposes of paragraph (1), an employee referred 
to in that paragraph is eligible for an immediate annuity under 
this paragraph if the employee satisfies all of the following 
conditions:
            (A) The employee is separated from the service 
        voluntarily during a period in which the organization 
        within the Department of Defense in which the employee 
        is serving is undergoing a major organizational 
        adjustment.
            (B) The employee has been employed continuously by 
        the Department of Defense for more than 30 days before 
        the date on which the head of the employee's 
        organization requests the determinations required under 
        subparagraph (A).
            (C) The employee is serving under an appointment 
        that is not limited by time.
            (D) The employee is not in receipt of a decision 
        notice of involuntary separation for misconduct or 
        unacceptable performance.
            (E) The employee is within the scope of an offer of 
        voluntary early retirement, as defined on the basis of 
        one or more of the following objective criteria:
                    (i) One or more organizational units.
                    (ii) One or more occupational groups, 
                series, or levels.
                    (iii) One or more geographical locations.
                    (iv) Any other similar objective and 
                nonpersonal criteria that the Office of 
                Personnel Management determines appropriate.
    (4) Under regulations prescribed by the Office of Personnel 
Management, the determinations of whether an employee meets--
            (A) the requirements of subparagraph (A) of 
        paragraph (3) shall be made by the Office upon the 
        request of the Secretary of Defense; and
            (B) the requirements of subparagraph (E) of such 
        paragraph shall be made by the Secretary of Defense.
    (5) A determination of which employees are within the scope 
of an offer of early retirement shall be made only on the basis 
of consistent and well-documented application of the relevant 
criteria.
    (6) In this subsection, the term ``major organizational 
adjustment'' means any of the following:
            (A) A major reorganization.
            (B) A major reduction in force.
            (C) A major transfer of function.
            (D) A workforce restructuring--
                    (i) to meet mission needs;
                    (ii) to achieve one or more reductions in 
                strength;
                    (iii) to correct skill imbalances; or
                    (iv) to reduce the number of high-grade, 
                managerial, supervisory, or similar positions.

Sec. 8415. Computation of basic annuity

    (a) Except as otherwise provided in this section, the 
annuity of an employee retiring under this subchapter is 1 
percent of that individual's average pay multiplied by such 
individual's total service.
    (b) The annuity of a Member, or former Member with title to 
a Member annuity, retiring under this subchapter is computed 
under subsection (a), except that if the individual has had at 
least 5 years of service as a Member or Congressional employee, 
or any combination thereof, so much of the annuity as is 
computed with respect to either such type of service (or a 
combination thereof), not exceeding a total of 20 years, shall 
be computed by multiplying 1\7/10\ percent of the individual's 
average pay by the years of such service.
    (c) The annuity of a Congressional employee, or former 
Congressional employee, retiring under this subchapter is 
computed under subsection (a), except that if the individual 
has had at least 5 years of service as a Congressional employee 
or Member, or any combination thereof, so much of the annuity 
as is computed with respect to either such type of service (or 
a combination thereof), not exceeding a total of 20 years, 
shall be computed by multiplying 1\7/10\ percent of the 
individual's average pay by the years of such service.
    (d) The annuity of an employee retiring under subsection 
(d) or (e) of section 8412 or under subsection (a), (b), or (c) 
of section 8425 is--
            (1) 1\7/10\ percent of that individual's average 
        pay multiplied by so much of such individual's total 
        service as does not exceed 20 years; plus
            (2) 1 percent of that individual's average pay 
        multiplied by so much of such individual's total 
        service as exceeds 20 years.
    (e)(1) In computing an annuity under this subchapter for an 
employee whose service includes service performed on a part-
time basis--
            (A) the average pay of the employee, to the extent 
        that it includes pay for service performed in any 
        position on a part-time basis, shall be determined by 
        using the annual rate of basic pay that would be 
        payable for full-time service in the position; and
            (B) the benefit so computed shall then be 
        multiplied by a fraction equal to the ratio which the 
        employee's actual service, as determined by prorating 
        the employee's total service to reflect the service 
        that was performed on a part-time basis, bears to the 
        total service that would be creditable for the employee 
        if all of the service had been performed on a full-time 
        basis.
    (2) For the purpose of this subsection, employment on a 
part-time basis shall not be considered to include employment 
on a temporary or intermittent basis.
    (f)(1) The annuity of an employee or Member retiring under 
section 8412(g) or 8413(b) is computed in accordance with 
applicable provisions of this section, except that the annuity 
shall be reduced by five-twelfths of 1 percent for each full 
month by which the commencement date of the annuity precedes 
the sixty-second anniversary of the birth of the employee or 
Member.
    (2)(A) Paragraph (1) does not apply in the case of an 
employee or Member retiring under section 8412(g) or 8413(b) if 
the employee or Member would satisfy the age and service 
requirements for title to an annuity under section 8412 (a), 
(b), (d)(2), (e)(2), or (f)(2), determined as if the employee 
or Member had, as of the date of separation, attained the age 
specified in subparagraph (B).
    (B) A determination under subparagraph (A) shall be based 
on how old the employee or Member will be as of the date on 
which the annuity under section 8412(g) or 8413(b) is to 
commence.
    (g)(1) In applying subsection (a) with respect to an 
employee under paragraph (2), the percentage applied under such 
subsection shall be 1.1 percent, rather than 1 percent.
    (2) This subsection applies in the case of an employee 
who--
            (A) retires entitled to an annuity under section 
        8412; and
            (B) at the time of the separation on which 
        entitlement to the annuity is based, is at least 62 
        years of age and has completed at least 20 years of 
        service;
but does not apply in the case of a Congressional employee, 
military technician (dual status), law enforcement officer, 
member of the Supreme Court Police, firefighter, nuclear 
materials courier, or air traffic controller.
    (h) The annuity of a Member who has served in a position in 
the executive branch for which the rate of basic pay was 
reduced for the duration of the service of the Member in that 
position to remove the impediment to the appointment of the 
Member imposed by article I, section 6, clause 2 of the 
Constitution, shall, subject to a deposit in the Fund as 
provided under section 8422(g), be computed as though the rate 
of basic pay which would otherwise have been in effect during 
that period of service had been in effect.
    (i)(1) For purposes of this subsection, the term 
``physicians comparability allowance'' refers to an amount 
described in section 8331(3)(H).
    (2) Except as otherwise provided in this subsection, no 
part of a physicians comparability allowance shall be treated 
as basic pay for purposes of any computation under this section 
unless, before the date of the separation on which entitlement 
to annuity is based, the separating individual has completed at 
least 15 years of service as a Government physician (whether 
performed before, on, or after the date of the enactment of 
this subsection).
    (3) If the condition under paragraph (2) is met, then, any 
amounts received by the individual in the form of a physicians 
comparability allowance shall (for the purposes referred to in 
paragraph (2)) be treated as basic pay, but only to the extent 
that such amounts are attributable to service performed on or 
after the date of the enactment of this subsection, and only to 
the extent of the percentage allowable, which shall be 
determined as follows:

If the total amount of service                                          
  performed, on or after the date of                Then, the percentage
   the enactment of this subsection,                   allowable is:    
  as a Government physician is:                                         
    Less than 2 years.........................................    0     
    At least 2 but less than 4 years..........................   25     
    At least 4 but less than 6 years..........................   50     
    At least 6 but less than 8 years..........................   75     
    At least 8 years..........................................  100.    

    (4) Notwithstanding any other provision of this subsection, 
100 percent of all amounts received as a physicians 
comparability allowance shall, to the extent attributable to 
service performed on or after the date of the enactment of this 
subsection, be treated as basic pay (without regard to any of 
the preceding provisions of this subsection) for purposes of 
computing--
            (A) an annuity under section 8452; and
            (B) a survivor annuity under subchapter IV, if 
        based on the service of an individual who dies before 
        separating from service.

Sec. 8416. Survivor reduction for a current spouse

    (a)(1) If an employee or Member is married at the time of 
retiring under this chapter, the reduction described in section 
8419(a) shall be made unless the employee or Member and the 
spouse jointly waive, by written election, any right which the 
spouse may have to a survivor annuity under section 8442 based 
on the service of such employee or Member. A waiver under this 
paragraph shall be filed with the Office under procedures 
prescribed by the Office.
    (2) Notwithstanding paragraph (1), an employee or Member 
who is married at the time of retiring under this chapter may 
waive the annuity for a surviving spouse without the spouse's 
consent if the employee or Member establishes to the 
satisfaction of the Office (in accordance with regulations 
prescribed by the Office)--
            (A) that the spouse's whereabouts cannot be 
        determined; or
            (B) that, due to exceptional circumstances, 
        requiring the employee or Member to seek the spouse's 
        consent would otherwise be inappropriate.
    (3) Except as provided in subsection (d), a waiver made 
under this subsection shall be irrevocable.
    (b)(1) Upon remarriage, a retired employee or Member who 
was married at the time of retirement (including an employee or 
Member whose annuity was not reduced to provide a survivor 
annuity for the employee's or Member's spouse or former spouse 
as of the time of retirement) may irrevocably elect during such 
marriage, in a signed writing received by the Office within 2 
years after such remarriage or, if later, within 2 years after 
the death or remarriage of any former spouse of such employee 
or Member who was entitled to a survivor annuity under section 
8445 (or of the last such surviving former spouse, if there was 
more than one), a reduction in the employee's or Member's 
annuity under section 8419(a) for the purpose of providing an 
annuity for such employee's or Member's spouse in the event 
such spouse survives the employee or Member.
    (2) The election and reduction shall be effective the first 
day of the second month after the election is received by the 
Office, but not less than 9 months after the date of the 
remarriage.
    (3) An election to provide a survivor annuity to an 
individual under this subsection--
            (A) shall prospectively void any election made by 
        the employee or Member under section 8420 with respect 
        to such individual; or
            (B) shall, if an election was made by the employee 
        or Member under section 8420 with respect to a 
        different individual, prospectively void such election 
        if appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subsection.
    (4) Any election under this subsection made by an employee 
or Member on behalf of an individual after the retirement of 
such employee or Member shall not be effective if--
            (A) the employee or Member was married to such 
        individual at the time of retirement; and
            (B) the annuity rights of such individual based on 
        the service of such employee or Member were then waived 
        under subsection (a).
    (c)(1) An employee or Member who is unmarried at the time 
of retiring under this chapter and who later marries may 
irrevocably elect, in a signed writing received by the Office 
within 2 years after such employee or Member marries or, if 
later, within 2 years after the death or remarriage of any 
former spouse of such employee or Member who was entitled to a 
survivor annuity under section 8445 (or of the last such 
surviving former spouse, if there was more than one), a 
reduction in the current annuity of the retired employee or 
Member, in accordance with section 8419(a).
    (2) The election and reduction shall take effect the first 
day of the first month beginning 9 months after the date of 
marriage. Any such election to provide a survivor annuity for 
an individual--
            (A) shall prospectively void any election made by 
        the employee or Member under section 8420 with respect 
        to such individual; or
            (B) shall, if an election was made by the employee 
        or Member under section 8420 with respect to a 
        different individual, prospectively void such election 
        if appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subsection.
    (d)(1) An employee or Member--
            (A) who is married on the date of retiring under 
        this chapter, and
            (B) with respect to whose spouse a waiver under 
        subsection (a) has been made,
may, during the 18-month period beginning on such date, elect 
to have a reduction made under section 8419 in order to provide 
a survivor annuity under section 8442 for such spouse.
    (2)(A) An election under this subsection shall not be 
effective unless the amount described in subparagraph (B) is 
deposited into the Fund before the expiration of the 18-month 
period referred to in paragraph (1).
    (B) The amount to be deposited under this subparagraph is 
equal to the sum of--
            (i) the difference (for the period between the date 
        on which the annuity of the former employee or Member 
        commences and the date on which reductions pursuant to 
        the election under this subsection commence) between 
        the amount paid to the former employee or Member from 
        the Fund under this chapter and the amount which would 
        have been paid if such election had been made at the 
        time of retirement; and
            (ii) the costs associated with providing for the 
        election under this subsection.
The amount to be deposited under clause (i) shall include 
interest, computed at the rate of 6 percent a year.
    (3) An annuity which is reduced pursuant to an election by 
a former employee or Member under this subsection shall be 
reduced by the same percentage as was in effect under section 
8419 as of the date of the employee's or Member's retirement.
    (4) Rights and obligations under this chapter resulting 
from an election under this subsection shall be the same as the 
rights and obligations which would have resulted had the 
election been made at the time of retirement.
    (5) The Office shall inform each employee and Member who is 
eligible to make an election under this subsection of the right 
to make such election and the procedures and deadlines 
applicable in making any such election.

Sec. 8417. Survivor reduction for a former spouse

    (a) If an employee or Member has a former spouse who is 
entitled to a survivor annuity as provided in section 8445, the 
reduction described in section 8419(a) shall be made.
    (b)(1) An employee or Member who has a former spouse may 
elect, under procedures prescribed by the Office, a reduction 
in the annuity of the employee or Member under section 8419(a) 
in order to provide a survivor annuity for such former spouse 
under section 8445.
    (2) An election under this subsection shall be made at the 
time of retirement or, if the marriage is dissolved after the 
date of retirement, within 2 years after the date on which the 
marriage of the former spouse to the employee or Member is so 
dissolved.
    (3) An election under this subsection--
            (A) shall not be effective to the extent that it--
                    (i) conflicts with--
                            (I) any court order or decree 
                        referred to in section 8445(a) which 
                        was issued before the date of such 
                        election; or
                            (II) any agreement referred to in 
                        such section 8445(a) which was entered 
                        into before such date; or
                    (ii) would cause the total of survivor 
                annuities payable under sections 8442 and 8445, 
                respectively, based on the service of the 
                employee or Member to exceed the amount which 
                would be payable to a widow or widower of such 
                employee or Member under such section 8442 
                (determined without regard to any reduction to 
                provide for an annuity under such section 
                8445); and
            (B) shall not be effective, in the case of an 
        employee or Member who is then married, unless it is 
        made with the spouse's written consent.
The Office shall by regulation provide that subparagraph (B) 
may be waived for either of the reasons set forth in section 
8416(a)(2).

Sec. 8418. Survivor elections; deposit; offsets

    (a)(1) An individual who makes an election under subsection 
(b) or (c) of section 8416 or section 8417(b) which is required 
to be made within 2 years after the date of a prescribed event 
shall deposit into the Fund an amount determined by the Office 
(as nearly as may be administratively feasible) to reflect the 
amount by which the annuity of such individual would have been 
reduced if the election had been in effect since the date of 
retirement (or, if later, and in the case of an election under 
such section 8416(b), since the date the previous reduction in 
the annuity of such individual was terminated under paragraph 
(1) or (2) of section 8419(b)), plus interest.
    (2) Interest under paragraph (1) shall be computed at the 
rate of 6 percent a year.
    (b) The Office shall, by regulation, provide for payment of 
the deposit required under subsection (a) by a reduction in the 
annuity of the employee or Member. The reduction shall, to the 
extent practicable, be designed so that the present value of 
the future reduction is actuarially equivalent to the deposit 
required under subsection (a), except that the total reductions 
in the annuity of an employee or Member to pay deposits 
required by this section shall not exceed 25 percent of the 
annuity computed under section 8415 or section 8452, including 
adjustments under section 8462. The reduction required by this 
subsection, which shall be effective at the same time as the 
election under section 8416 (b) and (c) or section 8417(b), 
shall be permanent and unaffected by any future termination of 
the marriage or the entitlement of the former spouse. Such 
reduction shall be independent of and in addition to the 
reduction required under section 8416 (b) and (c) or section 
8417(b).
    (c) Subsections (a) and (b) shall not apply if--
            (1) the employee or Member makes an election under 
        section 8416 (b) or (c) after having made an election 
        under section 8420; and
            (2) the election under such section 8420 becomes 
        void under subsection (b)(3) or (c)(2) of such section 
        8416.
    (d) The Office shall prescribe regulations under which the 
survivor of an employee or Member may make a deposit under this 
section.

Sec. 8419. Survivor reductions; computation

    (a)(1) Except as provided in paragraph (2), the annuity of 
an annuitant computed under section 8415, or under section 8452 
(including subsection (a)(2) of such section, if applicable) or 
one-half of the annuity, if jointly designated for this purpose 
by the employee or Member and the spouse of the employee or 
Member under procedures prescribed by the Office of Personnel 
Management, shall be reduced by 10 percent if a survivor 
annuity, or a combination of survivor annuities, under section 
8442 or 8445 (or both) are to be provided for.
    (2)(A) If no survivor annuity under section 8442 is to be 
provided for, but one or more survivor annuities under section 
8445 involving a total of less than the entirety of the amount 
referred to in subsection (b)(2) of such section are to be 
provided for, the annuity of the annuitant involved (as 
computed under section 8415, or under section 8452 (including 
subsection (a)(2) of such section, if applicable)) or one-half 
of the annuity, if jointly designated for this purpose by the 
employee or Member and the spouse of the employee or Member 
under procedures prescribed by the Office of Personnel 
Management, shall be reduced by an appropriate percentage 
determined under subparagraph (B).
    (B) The Office shall prescribe regulations under which an 
appropriate reduction under this paragraph, not to exceed a 
total of 10 percent, shall be made.
    (b)(1) Any reduction in an annuity for the purpose of 
providing a survivor annuity for the current spouse of a 
retired employee or Member shall be terminated for each full 
month--
            (A) after the death of the spouse; or
            (B) after the dissolution of the spouse's marriage 
        to the employee or Member, except that an appropriate 
        reduction shall be made thereafter if the spouse is 
        entitled, as a former spouse, to a survivor annuity 
        under section 8445.
    (2) Any reduction in an annuity for the purpose of 
providing a survivor annuity for a former spouse of a retired 
employee or Member shall be terminated for each full month 
after the former spouse remarries before reaching age 55 or 
dies. This reduction shall be replaced by appropriate 
reductions under subsection (a) if the retired employee or 
Member has one or more of the following:
            (A) another former spouse who is entitled to a 
        survivor annuity under section 8445;
            (B) a current spouse to whom the employee or Member 
        was married at the time of retirement and with respect 
        to whom a survivor annuity was not waived under section 
        8416(a) (or, if waived, with respect to whom an 
        election under section 8416(d) has been made); or
            (C) a current spouse whom the employee or Member 
        married after retirement and with respect to whom an 
        election has been made under subsection (b) or (c) of 
        section 8416.

Sec. 8420. Insurable interest reductions

    (a)(1) At the time of retiring under section 8412, 8413, or 
8414, an employee or Member who is found to be in good health 
by the Office may elect to have such employee's or Member's 
annuity (as computed under section 8415) reduced under 
paragraph (2) in order to provide an annuity under section 8444 
for an individual having an insurable interest in the employee 
or Member. Such individual shall be designated by the employee 
or Member in writing.
    (2) The annuity of the employee or Member making the 
election is reduced by 10 percent, and by 5 percent for each 
full 5 years the individual named is younger than the retiring 
employee or Member, except that the total reduction may not 
exceed 40 percent.
    (3) An annuity which is reduced under this subsection 
shall, effective the first day of the month following the death 
of the individual named under this subsection, be recomputed 
and paid as if the annuity had not been so reduced.
    (b)(1) In the case of a married employee or Member, an 
election under this section on behalf of the spouse may be made 
only if any right of such spouse to a survivor annuity based on 
the service of such employee or Member is waived in accordance 
with section 8416(a).
    (2) Paragraph (1) does not apply in the case of an employee 
or Member if such employee or Member has a former spouse who 
would become entitled to an annuity under section 8445 as a 
survivor of such employee or Member.

Sec. 8420a. Alternative forms of annuities

    (a) The Office shall prescribe regulations under any 
employee or Member who has a life-threatening affliction or 
other critical medical condition may, at the time of retiring 
under this subchapter, elect annuity benefits under this 
section instead of any other benefits under this subchapter, 
and any benefits under subchapter IV of this chapter, based on 
the service of the employee or Member.
    (b) Subject to subsection (c), the Office shall by 
regulation provide for such alternative forms of annuities as 
the Office considers appropriate, except that among the 
alternatives offered shall be--
            (1) an alternative which provides for--
                    (A) payment of the lump-sum credit 
                (excluding interest) to the employee or Member; 
                and
                    (B) payment of an annuity to the employee 
                or Member for life; and
            (2) in the case of an employee or Member who is 
        married at the time of retirement, an alternative which 
        provides for--
                    (A) payment of the lump-sum credit 
                (excluding interest) to the employee or Member; 
                and
                    (B) payment of an annuity to the employee 
                or Member for life, with a survivor annuity 
                payable for the life of a surviving spouse.
    (c) Each alternative provided for under subsection (b) 
shall, to the extent practicable, be designed such that the 
present value of the benefits provided under such alternative 
(including any lump-sum credit) is actuarially equivalent to 
the sum of--
            (1) the present value of the annuity which would 
        otherwise be provided under this subchapter, as 
        computed under section 8415; and
            (2) the present value of the annuity supplement 
        which would otherwise be provided (if any) under 
        section 8421.
    (d) An employee or Member who, at the time of retiring 
under this subchapter--
            (1) is married, shall be ineligible to make an 
        election under this section unless a waiver is made 
        under section 8416(a); or
            (2) has a former spouse, shall be ineligible to 
        make an election under this section if the former 
        spouse is entitled to benefits under section 8445 or 
        8467 (based on the service of the employee or Member) 
        under the terms of a decree of divorce or annulment, or 
        a court order or court-approved property settlement 
        incident to any such decree, with respect to which the 
        Office has been duly notified.
    (e) An employee or Member who is married at the time of 
retiring under this subchapter and who makes an election under 
this section may, during the 18-month period beginning on the 
date of retirement, make the election provided for under 
section 8416(d), subject to the deposit requirement thereunder.

Sec. 8421. Annuity supplement

    (a)(1) Subject to paragraph (3), an individual shall, if 
and while entitled to an annuity under subsection (a), (b), 
(d), or (e) of section 8412, or under section 8414(c), also be 
entitled to an annuity supplement under this section.
    (2) Subject to paragraph (3), an individual shall, if and 
while entitled to an annuity under section 8412(f), or under 
subsection (a) or (b) of section 8414, also be entitled to an 
annuity supplement under this section if such individual is at 
least the applicable minimum retirement age under section 
8412(h), except that an individual entitled to an annuity under 
section 8414(a) for failure to be recertified as a senior 
executive shall be entitled to an annuity supplement without 
regard to such applicable minimum retirement age.
    (3)(A) An individual whose entitlement to an annuity under 
section 8412 or 8414 does not commence before age 62 is not 
entitled to an annuity supplement under this section.
    (B) An individual entitled to an annuity supplement under 
this section ceases to be so entitled after the last day of the 
month preceding the first month for which such individual 
would, on proper application, be entitled to old-age insurance 
benefits under title II of the Social Security Act, but not 
later than the last day of the month in which such individual 
attains age 62.
    (b)(1) The amount of the annuity supplement of an annuitant 
under this section for any month shall be equal to the product 
of--
            (A) an amount determined under paragraph (2), 
        multiplied by
            (B) a fraction, as described in paragraph (3).
    (2) The amount under this paragraph for an annuitant is an 
amount equal to the old-age insurance benefit which would be 
payable to such annuitant under title II of the Social Security 
Act (without regard to sections 203, 215(a)(7), and 215(d)(5) 
of such Act) upon attaining age 62 and filing application 
therefor, determined as if the annuitant had attained such age 
and filed application therefor, and were a fully insured 
individual (as defined in section 214(a) of such Act), on 
January 1 of the year in which such annuitant's entitlement to 
any payment under this section commences, except that the 
reduction of such old-age insurance benefit under section 
202(q) of such Act shall be the maximum applicable for an 
individual born in the same year as the annuitant. In computing 
the primary insurance amount under section 215 of such Act for 
purposes of this paragraph, the number of elapsed years 
(referred to in section 215(b)(2)(B)(iii) of such Act and used 
to compute the number of benefit computation years) shall not 
include years beginning with the year in which such annuitant's 
entitlement to any payment under this section commences, and--
            (A) only basic pay for service performed (if any) 
        shall be taken into account in computing the total 
        wages and self-employment income of the annuitant for a 
        benefit computation year;
            (B) for a benefit computation year which commences 
        after the date of the separation with respect to which 
        entitlement to the annuitant's annuity under this 
        subchapter is based and before the date as of which 
        such annuitant is treated, under the preceding 
        sentence, to have attained age 62, the total wages and 
        self-employment income of such annuitant for such year 
        shall be deemed to be zero; and
            (C) for a benefit computation year after age 21 
        which precedes the separation referred to in 
        subparagraph (B), and during which the individual did 
        not perform a full year of service, the total wages and 
        self-employment income of such annuitant for such year 
        shall be deemed to have been an amount equal to the 
        product of--
                    (i) the average total wages of all workers 
                for that year, multiplied by
                    (ii) a fraction--
                            (I) the numerator of which is the 
                        total basic pay of the individual for 
                        service performed in the first year 
                        thereafter in which such individual 
                        performed a full year of service; and
                            (II) the denominator of which is 
                        the average total wages of all workers 
                        for the year referred to in subclause 
                        (I).
    (3) The fraction under this paragraph for any annuitant is 
a fraction--
            (A) the numerator of which is the annuitant's total 
        years of service (rounding a fraction to the nearest 
        whole number, with \1/2\ being rounded to the next 
        higher number), not to exceed the number under 
        subparagraph (B); and
            (B) the denominator of which is 40.
    (4) For the purpose of this subsection--
            (A) the term ``benefit computation year'' has the 
        meaning provided in section 215(b)(2)(B)(i) of the 
        Social Security Act;
            (B) the term ``average total wages of all 
        workers'', for a year, means the average of the total 
        wages, as defined and computed under section 
        215(b)(3)(A)(ii)(I) of the Social Security Act for such 
        year; and
            (C) the term ``service'' does not include military 
        service.
    (c) An amount under this section shall, for purposes of 
section 8467, be treated in the same way as an amount computed 
under section 8415.

Sec. 8421a. Reductions on account of earnings from work performed while 
                    entitled to an annuity supplement

    (a) The amount of the annuity supplement to which an 
individual is entitled under section 8421 for any month 
(determined without regard to subsection (c) of such section) 
shall be reduced by the amount of any excess earnings of such 
individual which are required to be charged to such supplement 
for such month, as determined under subsection (b).
    (b) The amount of an individual's excess earnings shall be 
charged to months as follows:
            (1)(A) There shall be charged to each month of a 
        year under subsection (a) an amount equal to the 
        individual's excess earnings (as determined under 
        paragraph (2) with respect to such year), divided by 
        the number of the individual's supplement entitlement 
        months for such year (as determined under paragraph 
        (3)).
            (B) Notwithstanding subparagraph (A), the amount 
        charged to a month under subsection (a) may not exceed 
        the amount of the annuity supplement to which the 
        individual is entitled under section 8421 for such 
        month (determined without regard to subsection (c) of 
        such section).
            (2) The excess earnings based on which reductions 
        under subsection (a) shall be made with respect to an 
        individual in a year--
                    (A) shall be equal to 50 percent of so much 
                of such individual's earnings for the 
                immediately preceding year as exceeds the 
                applicable exempt amount for such preceding 
                year; but
                    (B) may not exceed the total amount of the 
                annuity supplement payments to which such 
                individual was entitled for such preceding year 
                under section 8421 (determined without regard 
                to subsection (c) of such section, and without 
                regard to this section).
            (3)(A) Subject to subparagraph (B), the number of 
        an individual's supplement entitlement months for a 
        year shall be 12.
            (B) The number determined under subparagraph (A) 
        shall be reduced so as not to include any month after 
        which such individual ceases to be entitled to an 
        annuity supplement by reason of section 8421(a)(3)(B), 
        relating to cessation of entitlement upon attaining age 
        62.
            (4)(A) For purposes of this section, and except as 
        provided in subparagraph (B), the ``earnings'' and the 
        ``applicable exempt amount'' of an individual shall be 
        determined in a manner consistent with applicable 
        provisions of section 203 of the Social Security Act.
            (B) For purposes of this section--
                    (i) in determining the excess earnings of 
                any individual, only earnings attributable to 
                periods during which such individual was 
                entitled to an annuity supplement under section 
                8421 shall be considered; and
                    (ii) any earnings attributable to a period 
                before attaining the applicable retirement age 
                under section 8412(h) shall not be considered 
                in determining the excess earnings of an 
                individual who retires under section 8412 (d) 
                or (e), or section 8414(c).
            (5) Notwithstanding paragraphs (1) through (4), the 
        reduction required by subsection (a) shall be effective 
        with respect to the annuity supplement payable for each 
        month in the 12-month period beginning on the first day 
        of the seventh month after the end of the calendar year 
        in which the excess earnings were earned.
      (c) The Office shall prescribe regulations under which 
this section shall be applied in the case of a reemployed 
annuitant.

Sec. 8422. Deductions from pay; contributions for military service

    (a)(1) The employing agency shall deduct and withhold from 
basic pay of each employee and Member a percentage of basic pay 
determined in accordance with paragraph (2).
    (2) The percentage to be deducted and withheld from basic 
pay for any pay period shall be equal to--
            (A) the applicable percentage under paragraph (3), 
        minus
            (B) the percentage then in effect under section 
        3101(a) of the Internal Revenue Code of 1986 (relating 
        to rate of tax for old-age, survivors, and disability 
        insurance).
    (3) The applicable percentage under this paragraph for 
civilian service shall be as follows:

      

Employee................................  7......................  January 1, 1987, to December 31, 1998.
                                          7.25...................  January 1, 1999, to December 31, 1999.
                                          7.4....................  January 1, 2000, to December 31, 2000.
                                          7......................  After December 31, 2000.
Congressional employee..................  7.5....................  January 1, 1987, to December 31, 1998.
                                          7.75...................  January 1, 1999, to December 31, 1999.
                                          7.9....................  January 1, 2000, to December 31, 2000.
                                          7.5....................  After December 31, 2000.
Member..................................  7.5....................  January 1, 1987, to December 31, 1998.
                                          7.75...................  January 1, 1999, to December 31, 1999.
                                          7.9....................  January 1, 2000, to December 31, 2000.
                                          8......................  January 1, 2001, to December 31, 2002.
                                          7.5....................  After December 31, 2002.
Law enforcement officer, firefighter,     7.5....................  January 1, 1987, to December 31, 1998.
 member of the Capitol Police, member of
 the Supreme Court Police, or air
 traffic controller.
                                          7.75...................  January 1, 1999, to December 31, 1999.
                                          7.9....................  January 1, 2000, to December 31, 2000.
                                          7.5....................  After December 31, 2000.
Nuclear materials courier...............  7......................  January 1, 1987, to October 16, 1998.
                                          7.5....................  October 17, 1998, to December 31, 1998.
                                          7.75...................  January 1, 1999, to December 31, 1999.
                                          7.9....................  January 1, 2000, to December 31, 2000.
                                          7.5....................  After December 31, 2000.
 


    (b) Each employee or Member is deemed to consent and agree 
to the deductions under subsection (a). Notwithstanding any law 
or regulation affecting the pay of an employee or Member, 
payment less such deductions is a full and complete discharge 
and acquittance of all claims and demands for regular services 
during the period covered by the payment, except the right to 
any benefits under this subchapter, or under subchapter IV or V 
of this chapter, based on the service of the employee or 
Member.
    (c) The amounts deducted and withheld under this section 
shall be deposited in the Treasury of the United States to the 
credit of the Fund under such procedures as the Secretary of 
the Treasury may prescribe.
    (d) Under such regulations as the Office may prescribe, 
amounts deducted under subsection (a) shall be entered on 
individual retirement records.
    (e)(1)(A) Except as provided in subparagraph (B), and 
subject to paragraph (6), each employee or Member who has 
performed military service before the date of the separation on 
which the entitlement to any annuity under this subchapter, or 
subchapter V of this chapter, is based may pay, in accordance 
with such regulations as the Office shall issue, to the agency 
by which the employee is employed, or, in the case of a Member 
or a Congressional employee, to the Secretary of the Senate or 
the Chief Administrative Officer of the House of 
Representatives, as appropriate, an amount equal to 3 percent 
of the amount of the basic pay paid under section 204 of title 
37 to the employee or Member for each period of military 
service after December 1956. The amount of such payments shall 
be based on such evidence of basic pay for military service as 
the employee or Member may provide, or if the Office determines 
sufficient evidence has not been so provided to adequately 
determine basic pay for military service, such payment shall be 
based on estimates of such basic pay provided to the Office 
under paragraph (4).
            (B) \1\ In any case where military service 
        interrupts creditable civilian service under this 
        subchapter and reemployment pursuant to chapter 43 of 
        title 38 occurs on or after August 1, 1990, the deposit 
        payable under this paragraph may not exceed the amount 
        that would have been deducted and withheld under 
        subsection (a)(1) from basic pay during civilian 
        service if the employee had not performed the period of 
        military service.
---------------------------------------------------------------------------
    \1\ So in original. The margin of this subparagraph probably should 
be set full measure.
---------------------------------------------------------------------------
    (2) Any deposit made under paragraph (1) more than two 
years after the later of--
            (A) January 1, 1987; or
            (B) the date on which the employee or Member making 
        the deposit first becomes an employee or Member 
        following the period of military service for which such 
        deposit is due,
shall include interest on such amount computed and compounded 
annually beginning on the date of the expiration of the two-
year period. The interest rate that is applicable in computing 
interest in any year under this paragraph shall be equal to the 
interest rate that is applicable for such year under section 
8334(e).
    (3) Any payment received by an agency, the Secretary of the 
Senate, or the Chief Administrative Officer of the House of 
Representatives under this subsection shall be immediately 
remitted to the Office for deposit in the Treasury of the 
United States to the credit of the Fund.
    (4) The Secretary of Defense, the Secretary of 
Transportation, the Secretary of Commerce, or the Secretary of 
Health and Human Services, as appropriate, shall furnish such 
information to the Office as the Office may determine to be 
necessary for the administration of this subsection.
    (5) For the purpose of survivor annuities, deposits 
authorized by this subsection may also be made by a survivor of 
an employee or Member.
    (6) The percentage of basic pay under section 204 of title 
37 payable under paragraph (1), with respect to any period of 
military service performed during--
            (A) January 1, 1999, through December 31, 1999, 
        shall be 3.25 percent; and
            (B) January 1, 2000, through December 31, 2000, 
        shall be 3.4 percent.
    (f)(1) Each employee or Member who has performed service as 
a volunteer or volunteer leader under part A of title VIII of 
the Economic Opportunity Act of 1964, as a full-time volunteer 
enrolled in a program of at least 1 year's duration under part 
A, B, or C of title I of the Domestic Volunteer Service Act of 
1973, or as a volunteer or volunteer leader under the Peace 
Corps Act before the date of the separation on which the 
entitlement to any annuity under this subchapter, or subchapter 
V of this chapter, is based may pay, in accordance with such 
regulations as the Office of Personnel Management shall issue, 
an amount equal to 3 percent of the readjustment allowance paid 
to the employee or Member under title VIII of the Economic 
Opportunity Service Act of 1964 or section 5(c) or 6(1) of the 
Peace Corps Act or the stipend paid to the employee or Member 
under part A, B, or C of title I of the Domestic Volunteer 
Service Act of 1973, for each period of service as such a 
volunteer or volunteer leader. This paragraph shall be subject 
to paragraph (4).
    (2) Any deposit made under paragraph (1) more than 2 years 
after the later of--
            (A) October 1, 1993, or
            (B) the date on which the employee or Member making 
        the deposit first becomes an employee or Member,
shall include interest on such amount computed and compounded 
annually beginning on the date of the expiration of the 2-year 
period. The interest rate that is applicable in computing 
interest in any year under this paragraph shall be equal to the 
interest rate that is applicable for such year under section 
8334(e).
    (3) The Director of the Peace Corps and the Chief Executive 
Officer of the Corporation for National and Community Service 
shall furnish such information to the Office of Personnel 
Management as the Office may determine to be necessary for the 
administration of this subsection.
    (4) The percentage of the readjustment allowance or stipend 
(as the case may be) payable under paragraph (1), with respect 
to any period of volunteer service performed during--
            (A) January 1, 1999, through December 31, 1999, 
        shall be 3.25 percent; and
            (B) January 1, 2000, through December 31, 2000, 
        shall be 3.4 percent.
    (g) A Member who has served in a position in the executive 
branch for which the rate of basic pay was reduced for the 
duration of the service of the Member to remove the impediment 
to the appointment of the Member imposed by article I, section 
6, clause 2 of the Constitution, or the survivor of such a 
Member, may deposit to the credit of the Fund an amount equal 
to the difference between the amount deducted from the basic 
pay of the Member during that period of service and the amount 
that would have been deducted if the rate of basic pay which 
would otherwise have been in effect during that period had been 
in effect, plus interest computed under section 8334(e).

Sec. 8423. Government contributions

    (a)(1) Each employing agency having any employees or 
Members subject to section 8422(a) shall contribute to the Fund 
an amount equal to the sum of--
            (A) the product of--
                    (i) the normal-cost percentage, as 
                determined for employees (other than employees 
                covered by subparagraph (B)), multiplied by
                    (ii) the aggregate amount of basic pay 
                payable by the agency, for the period involved, 
                to employees (under clause (i)) who are within 
                such agency; and
            (B) the product of--
                    (i) the normal-cost percentage, as 
                determined for Members, Congressional 
                employees, law enforcement officers, members of 
                the Supreme Court Police, firefighters, nuclear 
                materials couriers, air traffic controllers, 
                military reserve technicians, and employees 
                under sections 302 and 303 of the Central 
                Intelligence Agency Retirement Act, multiplied 
                by
                    (ii) the aggregate amount of basic pay 
                payable by the agency, for the period involved, 
                to employees and Members (under clause (i)) who 
                are within such agency.
    (2) In determining any normal-cost percentage to be applied 
under this subsection, amounts provided for under section 8422 
shall be taken into account.
    (3) Contributions under this subsection shall be paid--
            (A) in the case of law enforcement officers, 
        members of the Supreme Court Police, firefighters, 
        nuclear materials couriers, air traffic controllers, 
        military reserve technicians, and other employees, from 
        the appropriation or fund used to pay such law 
        enforcement officers, members of the Supreme Court 
        Police, firefighters, air traffic controllers, military 
        reserve technicians, or other employees, respectively;
            (B) in the case of elected officials, from an 
        appropriation or fund available for payment of other 
        salaries of the same office or establishment; and
            (C) in the case of employees of the legislative 
        branch paid by the Chief Administrative Officer of the 
        House of Representatives, from the applicable accounts 
        of the House of Representatives.
    (4) A contribution to the Fund under this subsection shall 
be deposited under such procedures as the Comptroller General 
of the United States may prescribe.
    (b)(1) The Office shall compute--
            (A) the amount of the supplemental liability of the 
        Fund with respect to individuals other than those to 
        whom subparagraph (B) relates, and
            (B) the amount of the supplemental liability of the 
        Fund with respect to current or former employees of the 
        United States Postal Service (and the Postal Rate 
        Commission) and their survivors;
as of the close of each fiscal year beginning after September 
30, 1987.
    (2) The amount of any supplemental liability computed under 
paragraph (1)(A) or (1)(B) shall be amortized in 30 equal 
annual installments, with interest computed at the rate used in 
the most recent valuation of the System.
    (3) At the end of each fiscal year, the Office shall 
notify--
            (A) the Secretary of the Treasury of the amount of 
        the installment computed under this subsection for such 
        year with respect to individuals under paragraph 
        (1)(A); and
            (B) the Postmaster General of the United States of 
        the amount of the installment computed under this 
        subsection for such year with respect to individuals 
        under paragraph (1)(B).
    (4)(A) Before closing the accounts for a fiscal year, the 
Secretary of the Treasury shall credit to the Fund, as a 
Government contribution, out of any money in the Treasury of 
the United States not otherwise appropriated, the amount under 
paragraph (3)(A) for such year.
    (B) Upon receiving notification under paragraph (3)(B), the 
United States Postal Service shall pay the amount specified in 
such notification to the Fund.
    (5) For the purpose of carrying out paragraph (1) with 
respect to any fiscal year, the Office may--
            (A) require the Board of Actuaries of the Civil 
        Service Retirement System to make actuarial 
        determinations and valuations, make recommendations, 
        and maintain records in the same manner as provided in 
        section 8347(f); and
            (B) use the latest actuarial determinations and 
        valuations made by such Board of Actuaries.
    (c) Under regulations prescribed by the Office, the head of 
an agency may request reconsideration of any amount determined 
to be payable with respect to such agency under subsection (a) 
or (b). Any such request shall be referred to the Board of 
Actuaries of the Civil Service Retirement System. The Board of 
Actuaries shall review the computations of the Office and may 
make any adjustment with respect to any such amount which the 
Board determines appropriate. A determination by the Board of 
Actuaries under this subsection shall be final.

Sec. 8424. Lump-sum benefits; designation of beneficiary; order of 
                    precedence

    (a) Subject to subsection (b), an employee or Member who--
            (1)(A) is separated from the service for at least 
        31 consecutive days; or
            (B) is transferred to a position in which the 
        individual is not subject to this chapter and remains 
        in such a position for at least 31 consecutive days;
            (2) files an application with the Office for 
        payment of the lump-sum credit;
            (3) is not reemployed in a position in which the 
        individual is subject to this chapter at the time of 
        filing the application; and
            (4) will not become eligible to receive an annuity 
        within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Except as provided 
in section 8420a, payment of the lump-sum credit to an employee 
or Member voids all annuity rights under this subchapter, and 
subchapters IV and V of this chapter, based on the service on 
which the lump-sum credit is based.
    (b)(1)(A) Payment of the lump-sum credit under subsection 
(a) may be made only if the spouse, if any, and any former 
spouse of the employee or Member are notified of the employee 
or Member's application.
    (B) The Office shall prescribe regulations under which the 
lump-sum credit shall not be paid without the consent of a 
spouse or former spouse of the employee or Member where the 
Office has received such additional information or 
documentation as the Office may require that--
            (i) a court order bars payment of the lump-sum 
        credit in order to preserve the court's ability to 
        award an annuity under section 8445 or 8467; or
            (ii) payment of the lump-sum credit would 
        extinguish the entitlement of the spouse or former 
        spouse, under a court order on file with the Office, to 
        a survivor annuity under section 8445 or to any portion 
        of an annuity under section 8467.
    (2)(A) Notification of a spouse or former spouse under this 
subsection shall be made in accordance with such requirements 
as the Office shall by regulation prescribe.
    (B) Under the regulations, the Office may provide that 
paragraph (1)(A) may be waived with respect to a spouse or 
former spouse if the employee or Member establishes to the 
satisfaction of the Office that the whereabouts of such spouse 
or former spouse cannot be determined.
    (3) The Office shall prescribe regulations under which this 
subsection shall be applied in any case in which the Office 
receives two or more orders or decrees referred to in paragraph 
(1)(B)(i).
    (c) Under regulations prescribed by the Office, an employee 
or Member, or a former employee or Member, may designate one or 
more beneficiaries under this section.
    (d) Lump-sum benefits authorized by subsections (e) through 
(g) shall be paid to the individual or individuals surviving 
the employee or Member and alive at the date title to the 
payment arises in the following order of precedence, and the 
payment bars recovery by any other individual:
            First, to the beneficiary or beneficiaries 
        designated by the employee or Member in a signed and 
        witnessed writing received in the Office before the 
        death of such employee or Member. For this purpose, a 
        designation, change, or cancellation of beneficiary in 
        a will or other document not so executed and filed has 
        no force or effect.
            Second, if there is no designated beneficiary, to 
        the widow or widower of the employee or Member.
            Third, if none of the above, to the child or 
        children of the employee or Member and descendants of 
        deceased children by representation.
            Fourth, if none of the above, to the parents of the 
        employee or Member or the survivor of them.
            Fifth, if none of the above, to the duly appointed 
        executor or administrator of the estate of the employee 
        or Member.
            Sixth, if none of the above, to such other next of 
        kin of the employee or Member as the Office determines 
        to be entitled under the laws of the domicile of the 
        employee or Member at the date of death of the employee 
        or Member.
For the purpose of this subsection, ``child'' includes a 
natural child and an adopted child, but does not include a 
stepchild.
    (e) If an employee or Member, or former employee or Member, 
dies--
            (1) without a survivor, or
            (2) with a survivor or survivors and the right of 
        all survivors under subchapter IV terminates before a 
        claim for survivor annuity under such subchapter is 
        filed,
the lump-sum credit shall be paid.
    (f) If all annuity rights under this chapter (other than 
under subchapter III of this chapter) based on the service of a 
deceased employee or Member terminate before the total annuity 
paid equals the lump-sum credit, the difference shall be paid.
    (g) If an annuitant dies, annuity accrued and unpaid shall 
be paid.
    (h) Annuity accrued and unpaid on the termination, except 
by death, of the annuity of an annuitant or survivor shall be 
paid to that individual. Annuity accrued and unpaid on the 
death of a survivor shall be paid in the following order of 
precedence, and the payment bars recovery by any other person:
            First, to the duly appointed executor or 
        administrator of the estate of the survivor.
            Second, if there is no executor or administrator, 
        payment may be made, after 30 days from the date of 
        death of the survivor, to such next of kin of the 
        survivor as the Office determines to be entitled under 
        the laws of the domicile of the survivor at the date of 
        death.

Sec. 8425. Mandatory separation

    (a) An air traffic controller who is otherwise eligible for 
immediate retirement under section 8412(e) shall be separated 
from the service on the last day of the month in which that air 
traffic controller becomes 56 years of age or completes 20 
years of service if then over that age. The Secretary, under 
such regulations as the Secretary may prescribe, may exempt a 
controller having exceptional skills and experience as a 
controller from the automatic separation provisions of this 
subsection until that controller becomes 61 years of age. The 
Secretary shall notify the controller in writing of the date of 
separation at least 60 days before that date. Action to 
separate the controller is not effective, without the consent 
of the controller, until the last day of the month in which the 
60-day notice expires.
    (b) A firefighter who is otherwise eligible for immediate 
retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which such firefighter 
becomes 55 years of age or completes 20 years of service if 
then over that age. A law enforcement officer or nuclear 
materials courier who is otherwise eligible for immediate 
retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which that law 
enforcement officer or nuclear materials courier becomes 57 
years of age or completes 20 years of service if then over that 
age. If the head of the agency judges that the public interest 
so requires, that agency head may exempt such an employee from 
automatic separation under this subsection until that employee 
becomes 60 years of age. The employing office shall notify the 
employee in writing of the date of separation at least 60 days 
before that date. Action to separate the employee is not 
effective, without the consent of the employee, until the last 
day of the month in which the 60-day notice expires.
    (c) A member of the Capitol Police who is otherwise 
eligible for immediate retirement under section 8412(d) shall 
be separated from the service on the last day of the month in 
which such member becomes 57 years of age or completes 20 years 
of service if then over that age. The Capitol Police Board, 
when in its judgment the public interest so requires, may 
exempt such a member from automatic separation under this 
subsection until that member becomes 60 years of age. The Board 
shall notify the member in writing of the date of separation at 
least 60 days before that date. Action to separate the member 
is not effective, without the consent of the member, until the 
last day of the month in which the 60-day notice expires.
    (d) A member of the Supreme Court Police who is otherwise 
eligible for immediate retirement under section 8412(d) shall 
be separated from the service on the last day of the month in 
which such member becomes 57 years of age or completes 20 years 
of service if then over that age. The Marshal of the Supreme 
Court of the United States, when in his judgment the public 
interest so requires, may exempt such a member from automatic 
separation under this subsection until that member becomes 60 
years of age. The Marshal shall notify the member in writing of 
the date of separation at least 60 days before the date. Action 
to separate the member is not effective, without the consent of 
the member, until the last day of the month in which the 60-day 
notice expires.
    (e) The President, by Executive order, may exempt an 
employee (other than a member of Capitol Police or Supreme 
Court Police) from automatic separation under this section if 
the President determines the public interest so requires.


                  SUBCHAPTER III--THRIFT SAVINGS PLAN

Sec. 8431. Certain transfers to be treated as a separation

    (a) For purposes of this subchapter, separation from 
Government employment includes a transfer from a position that 
is subject to one of the retirement systems described in 
subsection (b) to a position that is not subject to any of 
them.
    (b) The retirement systems described in this subsection 
are--
            (1) the retirement system under this chapter;
            (2) the retirement system under subchapter III of 
        chapter 83; and
            (3) any other retirement system under which 
        individuals may contribute to the Thrift Savings Fund 
        through withholdings from pay.

Sec. 8432. Contributions

    (a)(1) An employee or Member may contribute to the Thrift 
Savings Fund in any pay period, pursuant to an election under 
subsection (b), an amount not to exceed the maximum percentage 
of such employee's or Member's basic pay for such pay period 
allowable under paragraph (2). Contributions under this 
subsection pursuant to such an election shall, with respect to 
each pay period for which such election remains in effect, be 
made in accordance with a program of regular contributions 
provided in regulations prescribed by the Executive Director.
    (2) The maximum percentage allowable under this paragraph 
shall be determined in accordance with the following table:

In the case of a pay period beginning in fiscal year:        The maximum
                                                              percentage
                                                           allowable is:
    2001..........................................................   11 
    2002..........................................................   12 
    2003..........................................................   13 
    2004..........................................................   14 
    2005..........................................................   15 
    2006 or thereafter............................................ 100. 

    (b)(1)(A) The Executive Director shall prescribe 
regulations under which employees and Members shall be afforded 
a reasonable period every 6 months to elect to make 
contributions under subsection (a), to modify the amount to be 
contributed under such subsection, or to terminate such 
contributions. An election to make such contributions shall 
remain in effect until modified or terminated.
    (B) The amount to be contributed pursuant to an election 
under subparagraph (A) (or any election allowable by virtue of 
paragraph (4)) shall be the percentage of basic pay or amount 
designated by the employee or Member.
    (2) Under the regulations--
            (A) an employee or Member who has not previously 
        been eligible to make an election under this subsection 
        shall not become so eligible until the second period 
        (described in paragraph (1)) beginning after the date 
        of commencing service as an employee or Member;
            (B) an employee or Member whose appointment or 
        election to a position or office in the Federal 
        Government follows a previous period of service during 
        which that individual met the requirements of 
        subparagraph (A) shall be eligible to make an election 
        under this subsection notwithstanding any period of 
        separation;
            (C) an employee or Member who elects under 
        subparagraph (D) to terminate contributions shall not 
        again become eligible to make an election under this 
        subsection until the second period (described in 
        paragraph (1)) commencing after the election to 
        terminate; and
            (D) an election to terminate may be made under this 
        subparagraph at any time other than during a period 
        afforded under paragraph (1).
    (3) An employee or Member who elects to become subject to 
this chapter under section 301 of the Federal Employees' 
Retirement System Act of 1986 may make the first election for 
the purpose of subsection (a) during the period prescribed for 
such purpose by the Executive Director. The period prescribed 
by the Executive Director shall commence on the date on which 
the employee or Member makes the election to become subject to 
this chapter.
    (4) The Executive Director shall prescribe such regulations 
as may be necessary to carry out the following:
            (A) Notwithstanding subparagraph (A) of paragraph 
        (2), an employee or Member described in such 
        subparagraph shall be afforded a reasonable opportunity 
        to first make an election under this subsection 
        beginning on the date of commencing service or, if that 
        is not administratively feasible, beginning on the 
        earliest date thereafter that such an election becomes 
        administratively feasible, as determined by the 
        Executive Director.
            (B) An employee or Member described in subparagraph 
        (B) of paragraph (2) shall be afforded a reasonable 
        opportunity to first make an election under this 
        subsection (based on the appointment or election 
        described in such subparagraph) beginning on the date 
        of commencing service pursuant to such appointment or 
        election or, if that is not administratively feasible, 
        beginning on the earliest date thereafter that such an 
        election becomes administratively feasible, as 
        determined by the Executive Director.
            (C) Notwithstanding the preceding provisions of 
        this paragraph, contributions under paragraphs (1) and 
        (2) of subsection (c) shall not be payable with respect 
        to any pay period before the earliest pay period for 
        which such contributions would otherwise be allowable 
        under this subsection if this paragraph had not been 
        enacted.
            (D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2), 
        8440c(a)(2), and 8440d(a)(2) shall be applied in a 
        manner consistent with the purposes of subparagraphs 
        (A) and (B), to the extent those subparagraphs can be 
        applied with respect thereto.
            (E) Nothing in this paragraph shall affect 
        paragraph (3).
    (c)(1)(A) At the time prescribed by the Executive Director, 
but no later than 12 days after the end of the pay period that 
includes the first date on which an employee or Member may make 
contributions under subsection (a) (without regard to whether 
the employee or Member has elected to make such contributions 
during such pay period), and within such time as the Executive 
Director may prescribe with respect to succeeding pay periods 
(but no later than 12 days after the end of each such pay 
period), the employing agency shall contribute to the Thrift 
Savings Fund for the benefit of such employee or Member the 
amount equal to 1 percent of the basic pay paid of such 
employee or Member for such pay period.
    (B) In the case of each employee or Member who is an 
employee or Member on January 1, 1987, and continues as an 
employee or Member without a break in service through April 1, 
1987, the employing agency shall contribute to the Thrift 
Savings Fund for the benefit of such employee or Member the 
amount equal to 1 percent of the total basic pay paid to such 
employee or Member for that period of service.
    (C) If an employee or Member--
            (i) is an employee or Member on January 1, 1987;
            (ii) separates from Government employment before 
        April 1, 1987; and
            (iii) before separation, completes the number of 
        years of civilian service applicable to such employee 
        or Member under subparagraph (A) or (B) of subsection 
        (g)(2),
the employing agency shall contribute to the Thrift Savings 
Fund for the benefit of such employee or Member the amount 
equal to 1 percent of the total basic pay paid to such employee 
or Member for service performed on or after January 1, 1987, 
and before the date of the separation.
    (2)(A) In addition to contributions made under paragraph 
(1), the employing agency of an employee or Member who 
contributes to the Thrift Savings Fund under subsection (a) for 
any pay period shall make a contribution to the Thrift Savings 
Fund for the benefit of such employee or Member. The employing 
agency's contribution shall be made within such time as the 
Executive Director may prescribe, but no later than 12 days 
after the end of each such pay period.
    (B) The amount contributed under subparagraph (A) by an 
employing agency with respect to a contribution of an employee 
or Member during any pay period shall be the amount equal to 
the sum of--
            (i) such portion of the total amount of the 
        employee's or Member's contribution as does not exceed 
        3 percent of such employee's or Member's basic pay for 
        such period; and
            (ii) one-half of such portion of the amount of the 
        employee's or Member's contribution as exceeds 3 
        percent, but does not exceed 5 percent, of such 
        employee's or Member's basic pay for such pay period.
      (C) Notwithstanding subparagraph (B), the amount 
contributed under subparagraph (A) by an employing agency with 
respect to any contribution made by an employee or Member 
during any pay period which begins after the date on which such 
employee or Member makes an election under subsection (b)(4) 
and before July 1, 1987, shall be the amount equal to the sum 
of--
            (i) two times such portion of the total amount of 
        the employee's or Member's contribution as does not 
        exceed 3 percent of such employee's or Member's basic 
        pay for such pay period; and
            (ii) such portion of the total amount of the 
        employee's or Member's contributions as exceeds 3 
        percent, but does not exceed 5 percent, of such 
        employee's or Member's basic pay for such pay period.
    (3)(A) There shall be contributed to the Thrift Savings 
Fund on behalf of each employee or Member described in 
subparagraph (B) the amount determined under subparagraph (C).
    (B) An employee or Member referred to in subparagraph (A) 
is an employee or Member who--
            (i) is an employee or Member on January 1, 1987;
            (ii) has creditable service described in section 
        8411(b)(2) of this title; and
            (iii) has not received a refund of the amount of 
        the retirement deductions made with respect to such 
        service under section 204 of the Federal Employees' 
        Retirement Contribution Temporary Adjustment Act of 
        1983.
    (C) The amount referred to in subparagraph (A) in the case 
of an employee or Member is equal to the sum of--
            (i) 1 percent of the total basic pay paid to such 
        employee or Member for service described in section 
        8411(b)(2) of this title; and
            (ii) interest on such amount computed with respect 
        to such service in the manner provided in paragraphs 
        (2) and (3) of section 8334(e) of this title.
    (D) The Secretary of the Treasury shall credit to the 
Thrift Savings Fund, out of any sums in the Treasury not 
otherwise appropriated, the amounts determined by the Director 
to be necessary to carry out this paragraph.
    (d) Notwithstanding any other provision of this section, no 
contribution may be made under this section for any year to the 
extent that such contribution, when added to prior 
contributions for such year, exceeds any limitation under 
section 415 of the Internal Revenue Code of 1986. However, no 
contribution made under subsection (c)(3) shall be subject to, 
or taken into account, for purposes of the preceding sentence.
    (e) The sums required to be contributed to the Thrift 
Savings Fund by an employing agency under subsection (c) for 
the benefit of an employee or Member shall be paid from the 
appropriation or fund available to such agency for payment of 
salaries of the employee's or Member's office or establishment. 
When an employee or Member in the legislative branch is paid by 
the Chief Administrative Officer of the House of 
Representatives, the Chief Administrative Officer may pay from 
the applicable accounts of the House of Representatives the 
contribution that otherwise would be contributed from the 
appropriation or fund used to pay the employee or Member.
    (f) Amounts contributed by an employee or Member under 
subsection (a) and amounts contributed with respect to such 
employee or Member under subsection (c) shall be deposited in 
the Thrift Savings Fund to the credit of that employee's or 
Member's account in accordance with such procedures as the 
Secretary of the Treasury may, in consultation with the 
Executive Director, prescribe in regulations.
    (g)(1) Except as otherwise provided in this subsection, all 
contributions made under this section shall be fully 
nonforfeitable when made.
    (2) Contributions made for the benefit of an employee under 
subsection (c)(1) and all earnings attributable to such 
contributions shall be forfeited if the employee separates from 
Government employment before completing--
            (A) 2 years of civilian service in the case of an 
        employee who, at the time of separation, is serving 
        in--
                    (i) a position in the Senior Executive 
                Service as a noncareer appointee (as defined in 
                section 3132(a)(7) of this title);
                    (ii) a position listed in section 5312, 
                5313, 5314, 5315, or 5316 of this title or a 
                position placed in level IV or V of the 
                Executive Schedule under section 5317 of this 
                title; or
                    (iii) a position in the Executive branch 
                which is excepted from the competitive service 
                by the Office by reason of the confidential and 
                policy-determining character of the position; 
                or
            (B) 3 years of civilian service in the case of an 
        employee who is not serving in a position described in 
        subparagraph (A) at the time of separation.
    (3) Contributions made for the benefit of a Member or 
Congressional employee under subsection (c)(1) and all earnings 
attributable to such contributions shall be forfeited if the 
Member or Congressional employee separates from Government 
employment before completing 2 years of civilian service.
    (4) Nothing in paragraph (2) or (3) shall cause the 
forfeiture of any contributions made for the benefit of an 
employee, Member, or Congressional employee under subsection 
(c)(1), or any earnings attributable thereto, if such employee, 
Member, or Congressional employee is not separated from 
Government employment as of date of death.
    (5) Notwithstanding any other provision of law, 
contributions made by the Government for the benefit of an 
employee or Member under subsection (c), and all earnings 
attributable to such contributions, shall be forfeited if the 
annuity of the employee or Member, or that of a survivor or 
beneficiary, is forfeited under subchapter II of chapter 83.
    (h) No transfers or contributions may be made to the Thrift 
Savings Fund except as provided in this chapter or section 8351 
of this title.
    (i)(1) This subsection applies to any employee--
            (A) to whom section 8432b applies; and
            (B) who, during the period of such employee's 
        absence from civilian service (as referred to in 
        section 8432b(b)(2)(B))--
                    (i) is eligible to make an election 
                described in subsection (b)(1); or
                    (ii) would be so eligible but for having 
                either elected to terminate individual 
                contributions to the Thrift Savings Fund within 
                2 months before commencing military service or 
                separated in order to perform military service.
    (2) The Executive Director shall prescribe regulations to 
ensure that any employee to whom this subsection applies shall, 
within a reasonable time after being restored or reemployed (in 
the manner described in section 8432b(a)(2)), be afforded the 
opportunity to make, for purposes of this section, any election 
which would be allowable during a period described in 
subsection (b)(1)(A).
    (j)(1) For the purpose of this subsection--
            (A) the term ``eligible rollover distribution'' has 
        the meaning given such term by section 402(c)(4) of the 
        Internal Revenue Code of 1986; and
            (B) the term ``qualified trust'' has the meaning 
        given such term by section 402(c)(8) of the Internal 
        Revenue Code of 1986.
    (2) An employee or Member may contribute to the Thrift 
Savings Fund an eligible rollover that a qualified trust could 
accept under the Internal Revenue Code of 1986. A contribution 
made under this subsection shall be made in the form described 
in section 401(a)(31) of the Internal Revenue Code of 1986. In 
the case of an eligible rollover distribution, the maximum 
amount transferred to the Thrift Savings Fund shall not exceed 
the amount which would otherwise have been included in the 
employee's or Member's gross income for Federal income tax 
purposes.
    (3) The Executive Director shall prescribe regulations to 
carry out this subsection.

Sec. 8432a. Payment of lost earnings

    (a)(1) The Executive Director shall prescribe regulations 
under which an employing agency shall be required to pay to the 
Thrift Savings Fund amounts representing lost earnings 
resulting from errors (including errors of omission) made by 
such agency in carrying out this subchapter, subject to 
paragraph (2).
    (2) If the error involves an employing agency's failure to 
deduct from basic pay contributions (in whole or in part) on 
behalf of an individual in accordance with section 8432(a), the 
regulations shall not provide for the payment of any lost 
earnings which would be attributable to--
            (A) the contributions that the agency failed to 
        deduct from basic pay in accordance with section 
        8432(a); or
            (B) any related contributions under section 
        8432(c)(2) that the employing agency is not required 
        (by statute or otherwise) to make up.
    (b) The regulations--
            (1) shall include--
                    (A) procedures for computing lost earnings; 
                and
                    (B) procedures under which amounts paid to 
                the Thrift Savings Fund under this section 
                shall be credited to appropriate accounts;
            (2) may provide for exceptions from the 
        requirements of this section to the extent that 
        correction of an error is not administratively 
        feasible;
            (3) may require an employing agency to reimburse 
        the Thrift Savings Fund for costs incurred by the 
        Thrift Savings Fund in implementing corrections of 
        employing agency errors under this section; and
            (4) may include such other provisions as the 
        Executive Director determines appropriate to carry out 
        this section.
    (c) Any amounts required to be paid by an employing agency 
under this section shall be paid from the appropriation or fund 
available to the employing agency for payment of salaries of 
the participant's office or establishment. If a participant in 
the legislative branch is paid by the Chief Administrative 
Officer of the House of Representatives, the Chief 
Administrative Officer may pay from the applicable accounts of 
the House of Representatives the amount required to be paid to 
correct errors relating to the Thrift Savings Fund that 
otherwise would be paid from the appropriation or fund used to 
pay the participant.

Sec. 8432b. Contributions of persons who perform military service

    (a) This section applies to any employee who--
            (1) separates or enters leave-without-pay status in 
        order to perform military service; and
            (2) is subsequently restored to or reemployed in a 
        position which is subject to this chapter, pursuant to 
        chapter 43 of title 38.
    (b)(1) Each employee to whom this section applies may 
contribute to the Thrift Savings Fund, in accordance with this 
subsection, an amount not to exceed the amount described in 
paragraph (2).
    (2) The maximum amount which an employee may contribute 
under this subsection is equal to--
            (A) the contributions under section 8432(a) which 
        would have been made, over the period beginning on date 
        of separation or commencement of leave-without-pay 
        status (as applicable) and ending on the day before the 
        date of restoration or reemployment (as applicable); 
        reduced by
            (B) any contributions under section 8432(a) or 
        8440e \1\ actually made by such employee over the 
        period described in subparagraph (A).
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    \1\ For the effective date of the amendment made to this 
subparagraph by section 661(a)(3)(A) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
671) see section 663 set out as a footnote at the end of section 8440e.
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    (3) Contributions under this subsection--
            (A) shall be made at the same time and in the same 
        manner as would any contributions under section 
        8432(a);
            (B) shall be made over the period of time specified 
        by the employee under paragraph (4)(B); and
            (C) shall be in addition to any contributions then 
        actually being made under section 8432(a).
    (4) The Executive Director shall prescribe the time, form, 
and manner in which an employee may specify--
            (A) the total amount such employee wishes to 
        contribute under this subsection with respect to any 
        particular period referred to in paragraph (2)(B); and
            (B) the period of time over which the employee 
        wishes to make contributions under this subsection.
The employing agency may place a maximum limit on the period of 
time referred to in subparagraph (B), which cannot be shorter 
than two times the period referred to in paragraph (2)(B) and 
not longer than four times such period.
    (c)(1) \1\ If an employee makes contributions under 
subsection (b), the employing agency shall make contributions 
to the Thrift Savings Fund on such employee's behalf--
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    \1\ For the effective date of the amendment made to this subsection 
by section 661(a)(3)(C) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 671) see section 663 set 
out as a footnote at the end of section 8440e.
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            (A) in the same manner as would be required under 
        section 8432(c)(2) if the employee contributions were 
        being made under section 8432(a); and
            (B) disregarding any contributions then actually 
        being made under section 8432(a) and any agency 
        contributions relating thereto.
    (2) An employee to whom this section applies is entitled to 
have contributed to the Thrift Savings Fund on such employee's 
behalf an amount equal to--
            (A) the total contributions to which that 
        individual would have been entitled under section 
        8432(c)(2), based on the amounts contributed by such 
        individual under section 8440e (other than under 
        subsection (d)(2) thereof) with respect to the period 
        referred to in subsection (b)(2)(B), if those amounts 
        had been contributed by such individual under section 
        8432(a); reduced by
            (B) any contributions actually made on such 
        employee's behalf under section 8432(c)(2) (including 
        pursuant to an agreement under section 211(d) of title 
        37) with respect to the period referred to in 
        subsection (b)(2)(B).
    (d) An employee to whom this section applies is entitled to 
have contributed to the Thrift Savings Fund on such employee's 
behalf an amount equal to--
            (1) 1 percent of such employee's basic pay (as 
        determined under subsection (e)) for the period 
        referred to in subsection (b)(2)(B); reduced by
            (2) any contributions actually made on such 
        employee's behalf under section 8432(c)(1) with respect 
        to the period referred to in subsection (b)(2)(B).
    (e) For purposes of any computation under this section, an 
employee shall, with respect to the period referred to in 
subsection (b)(2)(B), be considered to have been paid at the 
rate which would have been payable over such period had such 
employee remained continuously employed in the position which 
such employee last held before separating or entering leave-
without-pay status to perform military service.
    (f)(1) The employing agency may be required to pay lost 
earnings on contributions made pursuant to subsections (c) and 
(d). Such earnings, if required, shall be calculated 
retroactively to the date the contribution would have been made 
had the employee not separated or entered leave without pay 
status to perform military service.
    (2) Procedures for calculating and crediting the earnings 
payable pursuant to paragraph (1) shall be prescribed by the 
Executive Director.
    (g) Amounts paid under subsection (c), (d), or (f) shall be 
paid--
            (1) by the agency to which the employee is restored 
        or in which such employee is reemployed;
            (2) from the same source as would be the case under 
        section 8432(e) with respect to sums required under 
        section 8432(c); and
            (3) within the time prescribed by the Executive 
        Director.
    (h)(1) For purposes of section 8432(g), in the case of an 
employee to whom this section applies--
            (A) a separation from civilian service in order to 
        perform the military service on which the employee's 
        restoration or reemployment rights are based shall be 
        disregarded; and
            (B) such employee shall be credited with a period 
        of civilian service equal to the period referred to in 
        subsection (b)(2)(B).
    (2)(A) An employee to whom this section applies may elect, 
for purposes of section 8433(d), or paragraph (1) or (2) of 
section 8433(h), as the case may be, to have such employee's 
separation (described in subsection (a)(1)) treated as if it 
had never occurred.
    (B) An election under this paragraph shall be made within 
such period of time after restoration or reemployment (as the 
case may be) and otherwise in such manner as the Executive 
Director prescribes.
    (i) The Executive Director shall prescribe regulations to 
carry out this section.

Sec. 8432c. Contributions of certain persons reemployed after service 
                    with international organizations

    (a) In this section, the term ``covered person'' means any 
person who--
            (1) transfers from a position of employment covered 
        by chapter 83 or 84 or subchapter I or II of chapter 8 
        of \1\ the Foreign Service Act of 1980 to a position of 
        employment with an international organization pursuant 
        to section 3582;
---------------------------------------------------------------------------
    \1\ So in law. Probably should read ``chapter 8 of title I of the 
Foreign Service Act of 1980''.
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            (2) pursuant to section 3582 elects to retain 
        coverage, rights, and benefits under any system 
        established by law for the retirement of persons during 
        the period of employment with the international 
        organization and currently deposits the necessary 
        deductions in payment for such coverage, rights, and 
        benefits in the system's fund; and
            (3) is reemployed pursuant to section 3582(b) to a 
        position covered by chapter 83 or 84 or subchapter I or 
        II of chapter 8 of \1\ the Foreign Service Act of 1980 
        after separation from the international organization.
    (b)(1) Each covered person may contribute to the Thrift 
Savings Fund, in accordance with this subsection, an amount not 
to exceed the amount described in paragraph (2).
    (2) The maximum amount which a covered person may 
contribute under paragraph (1) is equal to--
            (A) the total amount of all contributions under 
        section 8351(b)(2) or 8432(a), as applicable, which the 
        person would have made over the period beginning on the 
        date of transfer of the person (as described in 
        subsection (a)(1)) and ending on the day before the 
        date of reemployment of the person (as described in 
        subsection (a)(3)), minus
            (B) the total amount of all contributions, if any, 
        under section 8351(b)(2) or 8432(a), as applicable, 
        actually made by the person over the period described 
        in subparagraph (A).
    (3) Contributions under paragraph (1)--
            (A) shall be made at the same time and in the same 
        manner as would any contributions under section 
        8351(b)(2) or 8432(a), as applicable;
            (B) shall be made over the period of time specified 
        by the person under paragraph (4)(B); and
            (C) shall be in addition to any contributions 
        actually being made by the person during that period 
        under section 8351(b)(2) or 8432(a), as applicable.
    (4) The Executive Director shall prescribe the time, form, 
and manner in which a covered person may specify--
            (A) the total amount the person wishes to 
        contribute with respect to any period described in 
        paragraph (2)(A); and
            (B) the period of time over which the covered 
        person wishes to make contributions under this 
        subsection.
    (c) If a covered person who makes contributions under 
section 8432(a) makes contributions under subsection (b), the 
agency employing the person shall make those contributions to 
the Thrift Savings Fund on the person's behalf in the same 
manner as contributions are made for an employee described in 
section 8432b(a) under sections 8432b(c), 8432b(d), and 
8432b(f). Amounts paid under this subsection shall be paid in 
the same manner as amounts are paid under section 8432b(g).
    (d) For purposes of any computation under this section, a 
covered person shall, with respect to the period described in 
subsection (b)(2)(A), be considered to have been paid at the 
rate which would have been payable over such period had the 
person remained continuously employed in the position that the 
person last held before transferring to the international 
organization.
    (e) For purposes of section 8432(g), a covered person shall 
be credited with a period of civilian service equal to the 
period beginning on the date of transfer of the person (as 
described in subsection (a)(1)) and ending on the day before 
the date of reemployment of the person (as described in 
subsection (a)(3)).
    (f) The Executive Director shall prescribe regulations to 
carry out this section.

Sec. 8433. Benefits and election of benefits

    (a) An employee or Member who separates from Government 
employment is entitled to the amount of the balance in the 
employee's or Member's account (except for the portion of such 
amount forfeited under section 8432(g) of this title, if any) 
as provided in this section.
    (b) Subject to section 8435 of this title, any employee or 
Member who separates from Government employment is entitled and 
may elect to withdraw from the Thrift Savings Fund the balance 
of the employee's or Member's account as--
            (1) an annuity;
            (2) a single payment;
            (3) 2 or more substantially equal payments to be 
        made not less frequently than annually; or
            (4) any combination of payments as provided under 
        paragraphs (1) through (3) as the Executive Director 
        may prescribe by regulation.
    (c)(1) In addition to the right provided under subsection 
(b) to withdraw the balance of the account, an employee or 
Member who separates from Government service and who has not 
made a withdrawal under subsection (h)(1)(A) may make one 
withdrawal of any amount as a single payment in accordance with 
subsection (b)(2) from the employee's or Member's account.
    (2) An employee or Member may request that the amount 
withdrawn from the Thrift Savings Fund in accordance with 
subsection (b)(2) be transferred to an eligible retirement 
plan.
    (3) The Executive Director shall make each transfer elected 
under paragraph (2) directly to an eligible retirement plan or 
plans (as defined in section 402(c)(8) of the Internal Revenue 
Code of 1986) identified by the employee, Member, former 
employee, or former Member for whom the transfer is made.
    (4) A transfer may not be made for an employee, Member, 
former employee, or former Member under paragraph (2) until the 
Executive Director receives from that individual the 
information required by the Executive Director specifically to 
identify the eligible retirement plan or plans to which the 
transfer is to be made.
    (d)(1) Subject to paragraph (3) and subsections (a) and (c) 
of section 8435 of this title, an employee or Member may change 
an election previously made under this subchapter.
    (2) A former employee or Member may not change an election 
under this section on or after the date on which a payment is 
made in accordance with such election or, in the case of an 
election to receive an annuity, the date on which an annuity 
contract is purchased to provide for the annuity elected by the 
former employee or Member.
    (e) If an employee or Member (or former employee or Member) 
dies without having made an election under this section or 
after having elected an annuity under this section but before 
making an election under section 8434 of this title, an amount 
equal to the value of that individual's account (as of death) 
shall, subject to any decree, order, or agreement referred to 
in section 8435(c)(2) of this title be paid in a manner 
consistent with section 8424(d) of this title.
    (f)(1) Notwithstanding subsection (b), if an employee or 
Member separates from Government employment, and such 
employee's or Member's nonforfeitable account balance is less 
than an amount that the Executive Director prescribes by 
regulation, the Executive Director shall pay the nonforfeitable 
account balance to the participant in a single payment, unless 
an election under section 8432b(h)(2) is made to treat such 
separation for purposes of this paragraph as if it had never 
occurred.
      (2) Unless otherwise elected under this section, and 
subject to paragraph (1), benefits under this subchapter shall 
be paid as an annuity commencing for an employee, Member, 
former employee, or former Member on April 1 of the year 
following the latest of the year in which--
            (A) the employee, Member, former employee, or 
        former Member becomes 70\1/2\ years of age; or
            (B) the employee, Member, former employee, or 
        former Member separates from Government employment.
    (g)(1) \1\ At any time before separation, an employee or 
Member may apply to the Board for permission to borrow from the 
employee's or Member's account an amount not exceeding the 
value of that portion of such account which is attributable to 
contributions made by the employee or Member. Before a loan is 
issued, the Executive Director shall provide in writing the 
employee or Member with appropriate information concerning the 
cost of the loan relative to other sources of financing, as 
well as the lifetime cost of the loan, including the difference 
in interest rates between the funds offered by the Thrift 
Savings Fund, and any other effect of such loan on the 
employee's or Member's final account balance.
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    \1\ For the effective date of the amendments made to these 
paragraphs by section 661(a)(4) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 672) see section 
663 set out as a footnote at the end of section 8440e.
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    (2) Loans under this subsection shall be available to all 
employees and Members on a reasonably equivalent basis, and 
shall be subject to such other conditions as the Board may by 
regulation prescribe. The restrictions of section 8477(c)(1) of 
this title shall not apply to loans made under this subsection.
    (3) A loan may not be made under this subsection to the 
extent that the loan would be treated as a taxable distribution 
under section 72(p) of the Internal Revenue Code of 1954.
    (4) A loan may not be made under this subsection unless the 
requirements of section 8435(e) of this title are satisfied.
      (h)(1) An employee or Member may apply, before 
separation, to the Board for permission to withdraw an amount 
from the employee's or Member's account based upon--
            (A) the employee or Member having attained age 
        59\1/2\; or
            (B) financial hardship.
        (2) A withdrawal under paragraph (1)(A) shall be 
available to each eligible participant one time only.
        (3) \1\ A withdrawal under paragraph (1)(B) shall be 
available only for an amount not exceeding the value of that 
portion of such account which is attributable to contributions 
made by the employee or Member.
        (4) Withdrawals under paragraph (1) shall be subject to 
such other conditions as the Executive Director may prescribe 
by regulation.
        (5) A withdrawal may not be made under this subsection 
unless the requirements of section 8435(e) of this title are 
satisfied.

Sec. 8434. Annuities: methods of payment; election; purchase

    (a)(1) The Board shall prescribe methods of payment of 
annuities under this subchapter.
    (2) The methods of payment prescribed under paragraph (1) 
shall include, but not be limited to--
            (A) a method which provides for the payment of a 
        monthly annuity only to an annuitant during the life of 
        the annuitant;
            (B) a method which provides for the payment of a 
        monthly annuity to an annuitant for the joint lives of 
        the annuitant and the spouse of the annuitant and an 
        appropriate monthly annuity to the one of them who 
        survives the other of them for the life of the 
        survivor;
            (C) a method described in subparagraph (A) which 
        provides for automatic adjustments in the amount of the 
        annuity payable so long as the amount of the annuity 
        payable in any one year shall not be less than the 
        amount payable in the previous year;
            (D) a method described in subparagraph (B) which 
        provides for automatic adjustments in the amount of the 
        annuity payable so long as the amount of the annuity 
        payable in any one year shall not be less than the 
        amount payable in the previous year; and
            (E) a method which provides for the payment of a 
        monthly annuity--
                    (i) to the annuitant for the joint lives of 
                the annuitant and an individual who is 
                designated by the annuitant under regulations 
                prescribed by the Executive Director and (I) is 
                a former spouse of the annuitant, or (II) has 
                an insurable interest in the annuitant; and
                    (ii) to the one of them who survives the 
                other of them for the life of the survivor.
      (b) Subject to section 8435(b) of this title, under such 
regulations as the Executive Director shall prescribe, an 
employee, Member, former employee, or former Member who elects 
under section 8433 of this title to receive an annuity under 
this subchapter shall elect, on or before the date on which an 
annuity contract is purchased to provide for that annuity, one 
of the methods of payment prescribed under subsection (a).
    (c) Notwithstanding the elimination of a method of payment 
by the Board, an employee, Member, former employee, or former 
Member may elect the eliminated method if the elimination of 
such method becomes effective less than 5 years before the date 
on which that individual's annuity commences.
      (d)(1) Not earlier than 90 days (or such shorted period 
as the Executive Director may be regulation prescribe) before 
an annuity is to commence under this subchapter, the Executive 
Director shall expend the balance in the annuitant's account to 
purchase an annuity contract from any entity which, in the 
normal course of its business, sells and provides annuities.
    (2) The Executive Director shall assure, by contract 
entered into with each entity from which an annuity contract is 
purchased under paragraph (1), that the annuity shall be 
provided in accordance with the provisions of this subchapter 
and subchapter VII of this chapter.
    (3) An annuity contract purchased under paragraph (1) shall 
include such terms and conditions as the Executive Director 
requires for the protection of the annuitant.
    (4) The Executive Director shall require, from each entity 
from which an annuity contract is purchased under paragraph 
(1), a bond or proof of financial responsibility sufficient to 
protect the annuitant.
    (e)(1) No tax, fee, or other monetary payment may be 
imposed or collected by any State, the District of Columbia, or 
the Commonwealth of Puerto Rico, or by any political 
subdivision or other governmental authority thereof, on, or 
with respect to, any amount paid to purchase an annuity 
contract under this section.
    (2) Paragraph (1) shall not be construed to exempt any 
company or other entity issuing an annuity contact under this 
section from the imposition, payment, or collection of a tax, 
fee, or other monetary payment on the net income or profit 
accruing to or realized by that entity from the sale of an 
annuity contract under this section if that tax, fee, or 
payment is applicable to a broad range of business activity.

Sec. 8435. Protections for spouses and former spouses

    (a)(1)(A) A married employee or Member (or former employee 
or Member) may withdraw all or part of a Thrift Savings Fund 
account under subsection (b) (2), (3), or (4) of section 8433 
of this title or change a withdrawal election only if the 
employee or Member (or former employee or Member) satisfies the 
requirements of subparagraph (B).
    (B) An employee or Member (or former employee or Member) 
may make an election or change referred to in subparagraph (A) 
if the employee or Member and the employee's or Member's spouse 
(or the former employee or Member and the former employee's or 
Member's spouse) jointly waive, by written election, any right 
which the spouse may have to a survivor annuity with respect to 
such employee or Member (or former employee or Member) under 
section 8434 of this title or subsection (b). A married 
employee or Member (or former employee or Member) may make a 
withdrawal from a Thrift Savings Fund account under subsection 
(c)(1) of section 8433 of this title only if the employee or 
Member (or former employee or Member) satisfies the 
requirements of subparagraph (B).
    (2) Paragraph (1) shall not apply to an election or change 
of election by an employee or Member (or former employee or 
Member) who establishes to the satisfaction of the Executive 
Director (at the time of the election or change and in 
accordance with regulations prescribed by the Executive 
Director)--
            (A) that the spouse's whereabouts cannot be 
        determined; or
            (B) that, due to exceptional circumstances, 
        requiring the spouse's waiver would otherwise be 
        inappropriate.
    (b)(1) Notwithstanding any election under subsection (b) of 
section 8434 of this title, the method described in subsection 
(a)(2)(B) of such section (or, if more than one form of such 
method is available, the form which the Board determines to be 
the one which provides for a surviving spouse a survivor 
annuity most closely approximating the annuity of a surviving 
spouse under section 8442 of this title) shall be deemed the 
applicable method under such subsection (b) in the case of an 
employee, Member, former employee, or former Member who is 
married on the date on which an annuity contract is purchased 
to provide for the employee's, Member's, former employee's, or 
former Member's annuity under this subchapter.
    (2) Paragraph (1) shall not apply if--
            (A) a joint waiver of such method is made, in 
        writing, by the employee or Member and the spouse; or
            (B) the employee or Member waives such method, in 
        writing, after establishing to the satisfaction of the 
        Executive Director that circumstances described under 
        subsection (a)(2) (A) or (B) make the requirement of a 
        joint waiver inappropriate.
    (c)(1) An election or change of election shall not be 
effective under this subchapter to the extent that the 
election, change, or transfer conflicts with any court decree, 
order, or agreement described in paragraph (2).
    (2) A court decree, order, or agreement referred to in 
paragraph (1) is, with respect to an employee or Member (or 
former employee or Member), a court decree of divorce, 
annulment, or legal separation issued in the case of such 
employee or Member (or former employee or Member) and any 
former spouse of the employee or Member (or former employee or 
Member) or any court order or court-approved property 
settlement agreement incident to such decree if--
            (A) the decree, order, or agreement expressly 
        relates to any portion of the balance in the employee's 
        or Member's (or former employee's or Member's) account; 
        and
            (B) notice of the decree, order, or agreement was 
        received by the Executive Director before--
                    (i) the date on which payment is made, or
                    (ii) in the case of an annuity, the date on 
                which an annuity contract is purchased to 
                provide for the annuity,
        in accordance with the election, change, or 
        contribution referred to in paragraph (1).
    (3) The Executive Director shall prescribe regulations 
under which this subsection shall be applied in any case in 
which the Executive Director receives two or more decrees, 
orders, or agreements referred to in paragraph (1).
    (d)(1) Subject to paragraphs (2) through (7), a former 
spouse of a deceased employee or Member (or a deceased former 
employee or Member) who died after performing 18 or more months 
of service and a former spouse of a deceased former employee or 
Member who died entitled to an immediate or deferred annuity 
under subchapter II of this chapter is entitled to a survivor 
annuity under this subsection if and to the extent that--
            (A) an election under section 8434(a)(2)(E) of this 
        title, or
            (B) any court decree, order, or agreement 
        (described in subsection (c)(2), without regard to 
        subparagraph (B) of such subsection) which relates to 
        such deceased individual and such former spouse,
expressly provides for such survivor annuity.
    (2) Paragraph (1) shall apply only to payments made by the 
Executive Director after the date on which the Executive 
Director receives written notice of the election, decree, 
order, or agreement, and such additional information and 
documentation as the Executive Director may require.
    (3) The amount of the survivor annuity payable from the 
Thrift Savings Fund to a former spouse of a deceased employee, 
Member, former employee, or former Member under this section 
may not exceed the excess, if any, of--
            (A) the amount of the survivor annuity determined 
        for a surviving spouse of the deceased employee, 
        Member, former employee, or former Member under the 
        method described in subsection (b)(1), over
            (B) the total amount of all other survivor 
        annuities payable under this subchapter to other former 
        spouses of such deceased employee, Member, former 
        employee, or former Member based on the order of 
        precedence provided in paragraph (4).
    (4) If more than one former spouse of a deceased employee, 
Member, former employee, or former Member is entitled to a 
survivor annuity pursuant to this subsection, the amount of 
each such survivor annuity shall be limited appropriately to 
carry out paragraph (3) in the order of precedence established 
for the entitlements by the chronological order of the dates on 
which elections are properly made pursuant to section 
8434(a)(2)(E) of this title and the dates on which the court 
decrees, orders, or agreements applicable to the entitlement 
were issued, as the case may be.
    (5) Subsections (c) and (d) of section 8445 of this title 
shall apply to an entitlement of a former spouse to a survivor 
annuity under this subsection.
    (6) For the purposes of this section, a court decree, 
order, or agreement or an election referred to in subsection 
(a) of this section shall not be effective, in the case of a 
former spouse, to the extent that the election is inconsistent 
with any joint waiver previously executed with respect to such 
former spouse under subsection (a)(2) or (b)(2).
    (7) Any payment under this subsection to any individual 
bars recovery by any other individual.
    (e)(1)(A) A loan or withdrawal may be made to a married 
employee or Member under section 8433(g) and (h) of this title 
only if the employee's or Member's spouse consents to such loan 
or withdrawal in writing.
    (B) A consent under subparagraph (A) shall be irrevocable 
with respect to the loan or withdrawal to which the consent 
relates.
    (C) Subparagraph (A) shall not apply to a loan or 
withdrawal to an employee or Member who establishes to the 
satisfaction of the Executive Director (at the time the 
employee or Member applies for such loan or withdrawal and in 
accordance with regulations prescribed by the Executive 
Director)--
            (i) that the spouse's whereabouts cannot be 
        determined; or
            (ii) that, due to exceptional circumstances, 
        requiring the employee or Member to seek the spouse's 
        consent would otherwise be inappropriate.
    (2) An application for a loan or withdrawal under section 
8433(g) and (h) of this title shall not be approved if approval 
would have the result described under subsection (c)(1).
    (f) Waivers and notifications required by this section and 
waivers of the requirements for such waivers and notifications 
(as authorized by this section) may be made only in accordance 
with procedures prescribed by the Executive Director.
    (g) Except with respect to the making of loans or 
withdrawals under section 8433(g) and (h), none of the 
provisions of this section requiring notification to, or the 
consent or waiver of, a spouse or former spouse of an employee, 
Member, former employees, or former Member shall apply in any 
case in which the nonforfeitable account balance of the 
employee, Member, former employee, or former Member is $3,500 
or less.
    (h) The protections provided by this section are in 
addition to the protections provided by section 8467 of this 
title.

Sec. 8436. Administrative provisions

    (a) The Executive Director shall make or provide for 
payments and transfers in accordance with an election of an 
employee or Member under section 8433 or 8434(b) of this title 
or, if applicable, in accordance with section 8435 of this 
title.
    (b) Any election, change of election, or modification of a 
deferred annuity commencement date made under this subchapter 
shall be in writing and shall be filed with the Executive 
Director in accordance with regulations prescribed by the 
Executive Director.

Sec. 8437. Thrift Savings Fund

    (a) There is established in the Treasury of the United 
States a Thrift Savings Fund.
    (b) The Thrift Savings Fund consists of the sum of all 
amounts contributed under section 8432 of this title and all 
amounts deposited under section 8479(b) of this title, 
increased by the total net earnings from investments of sums in 
the Thrift Savings Fund or reduced by the total net losses from 
investments of the Thrift Savings Fund, and reduced by the 
total amount of payments made from the Thrift Savings Fund 
(including payments for administrative expenses).
    (c) The sums in the Thrift Savings Fund are appropriated 
and shall remain available without fiscal year limitation--
            (1) to invest under section 8438 of this title;
            (2) to pay benefits or purchase annuity contracts 
        under this subchapter;
            (3) to pay the administrative expenses of the 
        Federal Retirement Thrift Investment Management System 
        prescribed in subchapter VII of this chapter;
            (4) to make distributions for the purposes of 
        section 8440(b) of this title;
            (5) to make loans to employees and Members as 
        authorized under section 8433(g) of this title; and
            (6) to purchase insurance as provided in section 
        8479(b)(2) of this title.
    (d) Administrative expenses incurred to carry out this 
subchapter and subchapter VII of this chapter shall be paid 
first out of any sums in the Thrift Savings Fund forfeited 
under section 8432(g) of this title and then out of net 
earnings in such Fund.
    (e)(1) Subject to subsection (d) and paragraphs (2) and 
(3), sums in the Thrift Savings Fund credited to the account of 
an employee, Member, former employee, or former Member may not 
be used for, or diverted to, purposes other than for the 
exclusive benefit of the employee, Member, former employee, or 
former Member or his beneficiaries under this subchapter.
    (2) Except as provided in paragraph (3), sums in the Thrift 
Savings Fund may not be assigned or alienated and are not 
subject to execution, levy, attachment, garnishment, or other 
legal process. For the purposes of this paragraph, a loan made 
from such Fund to an employee or Member shall not be considered 
to be an assignment or alienation.
    (3) Moneys due or payable from the Thrift Savings Fund to 
any individual and, in the case of an individual who is an 
employee or Member (or former employee or Member), the balance 
in the account of the employee or Member (or former employee or 
Member) shall be subject to legal process for the enforcement 
of the individual's legal obligations to provide child support 
or make alimony payments as provided in section 459 of the 
Social Security Act (42 U.S.C. 659) or relating to the 
enforcement of a judgment for physically, sexually, or 
emotionally abusing a child as provided under section 8467(a). 
For the purposes of this paragraph, an amount contributed for 
the benefit of an individual under section 8432(c)(1) 
(including any earnings attributable thereto) shall not be 
considered part of the balance in such individual's account 
unless such amount is nonforfeitable, as determined under 
applicable provisions of section 8432(g).
    (f) The sums in the Thrift Savings Fund shall not be 
appropriated for any purpose other than the purposes specified 
in this section and may not be used for any other purpose.
    (g) All sums contributed to the Thrift Savings Fund by an 
employee or Member or by an employing agency for the benefit of 
such employee or Member and all net earnings in such Fund 
attributable to investment of such sums are held in such Fund 
in trust for such employee or Member.

Sec. 8438. Investment of Thrift Savings Fund

    (a) For the purposes of this section--
            (1) the term ``Common Stock Index Investment Fund'' 
        means the Common Stock Index Investment Fund 
        established under subsection (b)(1)(C);
            (2) the term ``equity capital'' means common and 
        preferred stock, surplus, undivided profits, 
        contingency reserves, and other capital reserves;
            (3) the term ``Fixed Income Investment Fund'' means 
        the Fixed Income Investment Fund established under 
        subsection (b)(1)(B);
            (4) the term ``Government Securities Investment 
        Fund'' means the Government Securities Investment Fund 
        established under subsection (b)(1)(A);
            (5) the term ``International Stock Index Investment 
        Fund'' means the International Stock Index Investment 
        Fund established under subsection (b)(1)(E);
            (6) the term ``net worth'' means capital, paid-in 
        and contributed surplus, unassigned surplus, 
        contingency reserves, group contingency reserves, and 
        special reserves;
            (7) the term ``plan'' means an employee benefit 
        plan, as defined in section 3(3) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(3));
            (8) the term ``qualified professional asset 
        manager'' means--
                    (A) a bank, as defined in section 202(a)(2) 
                of the Investment Advisers Act of 1940 (15 
                U.S.C. 80b-2(a)(2)) which--
                            (i) has the power to manage, 
                        acquire, or dispose of assets of a 
                        plan; and
                            (ii) has, as of the last day of its 
                        latest fiscal year ending before the 
                        date of a determination for the purpose 
                        of this clause, equity capital in 
                        excess of $1,000,000;
                    (B) a savings and loan association, the 
                accounts of which are insured by the Federal 
                Deposit Insurance Corporation, which--
                            (i) has applied for and been 
                        granted trust powers to manage, 
                        acquire, or dispose of assets of a plan 
                        by a State or Government authority 
                        having supervision over savings and 
                        loan associations; and
                            (ii) has, as of the last day of its 
                        latest fiscal year ending before the 
                        date of a determination for the purpose 
                        of this clause, equity capital or net 
                        worth in excess of $1,000,000;
                    (C) an insurance company which--
                            (i) is qualified under the laws of 
                        more than one State to manage, acquire, 
                        or dispose of any assets of a plan;
                            (ii) has, as of the last day of its 
                        latest fiscal year ending before the 
                        date of a determination for the purpose 
                        of this clause, net worth in excess of 
                        $1,000,000; and
                            (iii) is subject to supervision and 
                        examination by a State authority having 
                        supervision over insurance companies; 
                        or
                    (D) an investment adviser registered under 
                section 203 of the Investment Advisers Act of 
                1940 (15 U.S.C. 80b-3) if the investment 
                adviser has, on the last day of its latest 
                fiscal year ending before the date of a 
                determination for the purpose of this 
                subparagraph, total client assets under its 
                management and control in excess of 
                $50,000,000, and--
                            (i) the investment adviser has, on 
                        such day, shareholder's or partner's 
                        equity in excess of $750,000; or
                            (ii) payment of all of the 
                        investment adviser's liabilities, 
                        including any liabilities which may 
                        arise by reason of a breach or 
                        violation of a duty described in 
                        section 8477 of this title, is 
                        unconditionally guaranteed by--
                                    (I) a person (as defined in 
                                section 8471(4) of this title) 
                                who directly or indirectly, 
                                through one or more 
                                intermediaries, controls, is 
                                controlled by, or is under 
                                common control with the 
                                investment adviser and who has, 
                                on the last day of the person's 
                                latest fiscal year ending 
                                before the date of a 
                                determination for the purpose 
                                of this clause, shareholder's 
                                or partner's equity in an 
                                amount which, when added to the 
                                amount of the shareholder's or 
                                partner's equity of the 
                                investment adviser on such day, 
                                exceeds $750,000;
                                    (II) a qualified 
                                professional asset manager 
                                described in subparagraph (A), 
                                (B), or (C); or
                                    (III) a broker or dealer 
                                registered under section 15 of 
                                the Securities Exchange Act of 
                                1934 (15 U.S.C. 78o) that has, 
                                on the last day of the broker's 
                                or dealer's latest fiscal year 
                                ending before the date of a 
                                determination for the purpose 
                                of this clause, net worth in 
                                excess of $750,000;
            (9) the term ``shareholder's or partner's equity'', 
        as used in paragraph (8)(D) with respect to an 
        investment adviser or a person (as defined in section 
        8471(4) of this title) who is affiliated with the 
        investment adviser in a manner described in clause 
        (ii)(I) of such paragraph (8)(D), means the equity 
        shown in the most recent balance sheet prepared for 
        such investment adviser or affiliated person, in 
        accordance with generally accepted accounting 
        principles, within 2 years before the date on which the 
        investment adviser's status as a qualified professional 
        asset manager is determined for the purposes of this 
        section; and
            (10) the term ``Small Capitalization Stock Index 
        Investment Fund'' means the Small Capitalization Stock 
        Index Investment Fund established under subsection 
        (b)(1)(D).
    (b)(1) The Board shall establish--
            (A) a Government Securities Investment Fund under 
        which sums in the Thrift Savings Fund are invested in 
        securities of the United States Government issued as 
        provided in subsection (e);
            (B) a Fixed Income Investment Fund under which sums 
        in the Thrift Savings Fund are invested in--
                    (i) insurance contracts;
                    (ii) certificates of deposits; or
                    (iii) other instruments or obligations 
                selected by qualified professional asset 
                managers,
        which return the amount invested and pay interest, at a 
        specified rate or rates, on that amount during a 
        specified period of time;
            (C) a Common Stock Index Investment Fund as 
        provided in paragraph (2);
                    (D) \1\ a Small Capitalization Stock Index 
                Investment Fund as provided in paragraph (3); 
                and
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    \1\ So in original. The margins probably should be set full 
measure.
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                    (E) \1\ an International Stock Index 
                Investment Fund as provided in paragraph (4).
    (2)(A) The Board shall select an index which is a commonly 
recognized index comprised of common stock the aggregate market 
value of which is a reasonably complete representation of the 
United States equity markets.
    (B) The Common Stock Index Investment Fund shall be 
invested in a portfolio designed to replicate the performance 
of the index selected under subparagraph (A). The portfolio 
shall be designed such that, to the extent practicable, the 
percentage of the Common Stock Index Investment Fund that is 
invested in each stock is the same as the percentage determined 
by dividing the aggregate market value of all shares of that 
stock by the aggregate market value of all shares of all stocks 
included in such index.
            (3)(A) \1\ The Board shall select an index which is 
        a commonly recognized index comprised of common stock 
        the aggregate market value of which represents the 
        United States equity markets excluding the common 
        stocks included in the Common Stock Index Investment 
        Fund.
            (B) The Small Capitalization Stock Index Investment 
        Fund shall be invested in a portfolio designed to 
        replicate the performance of the index in subparagraph 
        (A). The portfolio shall be designed such that, to the 
        extent practicable, the percentage of the Small 
        Capitalization Stock Index Investment Fund that is 
        invested in each stock is the same as the percentage 
        determined by dividing the aggregate market value of 
        all shares of that stock by the aggregate market value 
        of all shares of all stocks included in such index.
            (4)(A) \1\ The Board shall select an index which is 
        a commonly recognized index comprised of stock the 
        aggregate market value of which is a reasonably 
        complete representation of the international equity 
        markets excluding the United States equity markets.
            (B) The International Stock Index Investment Fund 
        shall be invested in a portfolio designed to replicate 
        the performance of the index in subparagraph (A). The 
        portfolio shall be designed such that, to the extent 
        practicable, the percentage of the International Stock 
        Index Investment Fund that is invested in each stock is 
        the same as the percentage determined by dividing the 
        aggregate market value of all shares of that stock by 
        the aggregate market value of all shares of all stocks 
        included in such index.
    (c)(1) The Executive Director shall invest the sums 
available in the Thrift Savings Fund for investment as provided 
in elections made under subsection (d).
    (2) If an election has not been made with respect to any 
sums in the Thrift Savings Fund available for investment, the 
Executive Director shall invest such sums in the Government 
Securities Investment Fund.
    (d)(1) At least twice each year, an employee or Member (or 
former employee or Member) may elect the investment funds 
referred to in subsection (b) into which the sums in the Thrift 
Savings Fund credited to such individual's account are to be 
invested or reinvested.
    (2) An election may be made under paragraph (1) only in 
accordance with regulations prescribed by the Executive 
Director and within such period as the Executive Director shall 
provide in such regulations.
    (e)(1) The Secretary of the Treasury is authorized to issue 
special interest-bearing obligations of the United States for 
purchase by the Thrift Savings Fund for the Government 
Securities Investment Fund.
    (2)(A) Obligations issued for the purpose of this 
subsection shall have maturities fixed with due regard to the 
needs of such Fund as determined by the Executive Director, and 
shall bear interest at a rate equal to the average market yield 
(computed by the Secretary of the Treasury on the basis of 
market quotations as of the end of the calendar month next 
preceding the date of issue of such obligations) on all 
marketable interest-bearing obligations of the United States 
then forming a part of the public debt which are not due or 
callable earlier than 4 years after the end of such calendar 
month.
    (B) Any average market yield computed under subparagraph 
(A) which is not a multiple of one-eighth of 1 percent, shall 
be rounded to the nearest multiple of one-eighth of 1 percent.
    (f) The Board, other Government agencies, the Executive 
Director, an employee, a Member, a former employee, and a 
former Member may not exercise voting rights associated with 
the ownership of securities by the Thrift Savings Fund.
    (g)(1) Notwithstanding subsection (e) of this section, the 
Secretary of the Treasury may suspend the issuance of 
additional amounts of obligations of the United States, if such 
issuances could not be made without causing the public debt of 
the United States to exceed the public debt limit, as 
determined by the Secretary of the Treasury.
    (2) Any issuances of obligations to the Government 
Securities Investment Fund which, solely by reason of the 
public debt limit are not issued, shall be issued under 
subsection (e) by the Secretary of the Treasury as soon as such 
issuances can be issued without exceeding the public debt 
limit.
    (3) Upon expiration of the debt issuance suspension period, 
the Secretary of the Treasury shall immediately issue to the 
Government Securities Investment Fund obligations under chapter 
31 of title 31 that (notwithstanding subsection (e)(2) of this 
section) bear such interest rates and maturity dates as are 
necessary to ensure that, after such obligations are issued, 
the holdings of obligations of the United States by the 
Government Securities Investment Fund will replicate the 
obligations that would then be held by the Government 
Securities Investment Fund under the procedures set forth in 
paragraph (5), if the suspension of issuances under paragraph 
(1) of this subsection had not occurred.
    (4) On the first business day after the expiration of any 
debt issuance suspension period, the Secretary of the Treasury 
shall pay to the Government Securities Investment Fund, from 
amounts in the general fund of the Treasury of the United 
States not otherwise appropriated, an amount equal to the 
excess of the net amount of interest that would have been 
earned by the Government Securities Investment Fund from 
obligations of the United States during such debt issuance 
suspension period if--
            (A) amounts in the Government Securities Investment 
        Fund that were available for investment in obligations 
        of the United States and were not invested during such 
        debt issuance suspension period solely by reason of the 
        public debt limit had been invested under the procedure 
        set forth in paragraph (5), over
            (B) the net amount of interest actually earned by 
        the Government Securities Investment Fund from 
        obligations of the United States during such debt 
        issuance suspension period.
    (5) On each business day during the debt limit suspension 
period, the Executive Director shall notify the Secretary of 
the Treasury of the amounts, by maturity, that would have been 
invested or redeemed each day had the debt issuance suspension 
period not occurred.
    (6) For purposes of this subsection and subsection (h) of 
this section--
            (A) the term ``public debt limit'' means the 
        limitation imposed by section 3101(b) of title 31; and
            (B) the term ``debt issuance suspension period'' 
        means any period for which the Secretary of the 
        Treasury determines for purposes of this subsection 
        that the issuance of obligations of the United States 
        may not be made without exceeding the public debt 
        limit.
    (h)(1) The Secretary of the Treasury shall report to 
Congress on the operation and status of the Thrift Savings Fund 
during each debt issuance suspension period for which the 
Secretary is required to take action under paragraph (3) or (4) 
of subsection (g) of this section. The report shall be 
submitted as soon as possible after the expiration of such 
period, but not later than 30 days after the first business day 
after the expiration of such period. The Secretary shall 
concurrently transmit a copy of such report to the Executive 
Director.
    (2) Whenever the Secretary of the Treasury determines that, 
by reason of the public debt limit, the Secretary will be 
unable to fully comply with the requirements of subsection (e) 
of this section, the Secretary shall immediately notify 
Congress and the Executive Director of the determination. The 
notification shall be made in writing.

Sec. 8439. Accounting and information

    (a)(1) \1\ The Executive Director shall establish and 
maintain an account for each individual who makes contributions 
or for whom contributions are made or who makes contributions 
to the Thrift Savings Fund.
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    \1\ For the effective date of the amendment made to this paragraph 
by section 661(a)(5) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 672) see section 663 set 
out as a footnote at the end of section 8440e.
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    (2) The balance in an individual's account at any time is 
the excess of--
            (A) the sum of--
                    (i) all contributions made to the Thrift 
                Savings Fund by the individual; \1\
---------------------------------------------------------------------------
    \1\ See footnote on previous page.
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                    (ii) all contributions made to such Fund 
                for the benefit of the individual; and \1\
                    (iii) the total amount of the allocations 
                made to and reductions made in the account 
                pursuant to paragraph (3), over
            (B) the amounts paid out of the Thrift Savings Fund 
        with respect to such individual under this subchapter.
    (3) Pursuant to regulations prescribed by the Executive 
Director, the Executive Director shall allocate to each account 
an amount equal to a pro rata share of the net earnings and net 
losses from each investment of sums in the Thrift Savings Fund 
attributable to sums credited to such account, reduced by an 
appropriate share of the administrative expenses paid out of 
the net earnings under section 8437(d) of this title, as 
determined by the Executive Director.
    (b)(1) For the purposes of this subsection, the term 
``qualified public accountant'' shall have the same meaning as 
provided in section 103(a)(3)(D) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1023(a)(3)(D)).
    (2) The Executive Director shall annually engage, on behalf 
of all individuals for whom an account is maintained, an 
independent qualified public accountant, who shall conduct an 
examination of all accounts and other books and records 
maintained in the administration of this subchapter and 
subchapter VII as the public accountant considers necessary to 
enable the public accountant to make the determination required 
by paragraph (3). The examination shall be conducted in 
accordance with generally accepted auditing standards and shall 
involve such tests of the accounts, books, and records as the 
public accountant considers necessary.
    (3) The public accountant conducting an examination under 
paragraph (2) shall determine whether the accounts, books, and 
records referred to in such paragraph have been maintained in 
conformity with generally accepted accounting principles 
applied on a basis consistent with the manner in which such 
principles were applied during the examination conducted under 
such paragraph during the preceding year. The public accountant 
shall transmit to the Board a report on his examination, 
including his determination under this paragraph.
    (4) In making a determination under paragraph (3), a public 
accountant may rely on the correctness of any actuarial matter 
certified by an enrolled actuary if the public accountant 
states his reliance in the report transmitted to the Board 
under such paragraph.
    (c)(1) The Board shall prescribe regulations under which 
each individual for whom an account is maintained shall be 
furnished with--
            (A) a periodic statement relating to the 
        individual's account; and
            (B) a summary description of the investment options 
        under section 8438 of this title covering, and an 
        evaluation of, each such option the 5-year period 
        preceding the date as of which such evaluation is made.
    (2) Information under this subsection shall be provided at 
least 30 calendar days before the beginning of each election 
period under section 8432(b)(1)(A) of this title, and in a 
manner designed to facilitate informed decisionmaking with 
respect to elections under sections 8432 and 8438 of this 
title. Nothing in this paragraph shall be considered to limit 
the dissemination of information only to the times required 
under the preceding sentence.
    (d) Each employee, Member, former employee, or former 
Member who elects to invest in the Common Stock Index 
Investment Fund, the Fixed Income Investment Fund, the 
International Stock Index Investment Fund, or the Small 
Capitalization Stock Index Investment Fund, defined in 
paragraphs (1), (3), (5), and (10), respectively, of section 
8438(a) of this title shall sign an acknowledgement prescribed 
by the Executive Director which states that the employee, 
Member, former employee, or former Member understands that an 
investment in either such Fund is made at the employee's, 
Member's, former employee's, or former Member's risk, that the 
employee, Member, former employee, or former Member is not 
protected by the Government against any loss on such 
investment, and that a return on such investment is not 
guaranteed by the Government.

Sec. 8440. Tax treatment of the Thrift Savings Fund

    (a) For purposes of the Internal Revenue Code of 1986--
            (1) the Thrift Savings Fund shall be treated as a 
        trust described in section 401(a) of such Code which is 
        exempt from taxation under section 501(a) of such Code;
            (2) any contribution to, or distribution from, the 
        Thrift Savings Fund shall be treated in the same manner 
        as contributions to or distributions from such a trust; 
        and
            (3) subject to section 401(k)(4)(B) of such Code 
        and any dollar limitation on the application of section 
        402(a)(8) of such Code, contributions to the Thrift 
        Savings Fund shall not be treated as distributed or 
        made available to an employee or Member nor as a 
        contribution made to the Fund by an employee or Member 
        merely because the employee or Member has, under the 
        provisions of this subchapter and section 8351 of this 
        title, an election whether the contribution will be 
        made to the Thrift Savings Fund or received by the 
        employee or Member in cash.
    (b) Nondiscrimination Requirements.--Notwithstanding any 
other provision of law, the Thrift Savings Fund is not subject 
to the nondiscrimination requirements applicable to 
arrangements described in section 401(k) of title 26, United 
States Code, or to matching contributions (as described in 
section 401(m) of title 26, United States Code), so long as it 
meets the requirements of this section.
    (c) Subsection (a) shall not be construed to provide that 
any amount of the employee's or Member's basic pay which is 
contributed to the Thrift Savings Fund shall not be included in 
the term ``wages'' for the purposes of section 209 of the 
Social Security Act or section 3121(a) of the Internal Revenue 
Code of 1986.

Sec. 8440a. Justices and judges

      (a)(1) A justice or judge of the United States as defined 
by section 451 of title 28 may elect to contribute an amount of 
such individual's basic pay to the Thrift Savings Fund. Basic 
pay does not include an annuity or salary received by a justice 
or judge who has retired under section 371 (a) or (b) or 
section 372(a) of title 28, United States Code.
      (2) An election may be made under paragraph (1) only 
during a period provided under section 8432(b) for individuals 
subject to this chapter.
      (b)(1) Except as otherwise provided in this subsection, 
the provisions of this subchapter and subchapter VII shall 
apply with respect to justices and judges making contributions 
to the Thrift Savings Fund.
    (2) The amount contributed by a justice or judge for any 
pay period shall not exceed the maximum percentage of such 
justice's or judge's basic pay for such pay period allowable 
under section 8440f.
      (3) No contributions shall be made for the benefit of a 
justice or judge under section 8432(c) of this title.
      (4) Section 8433(b) of this title applies with respect to 
elections available to any justice or judge who retires under 
section 371 (a) or (b) or section 372(a) of title 28. 
Retirement under section 371 (a) or (b) or section 372(a) of 
title 28 is a separation from service for the purposes of 
subchapters III and VII or chapter 84 of this title.
      (5) Section 8433(b) of this title applies to any justice 
or judge who resigns without having met the age and service 
requirements set forth in section 371(c) of title 28.
      (6) The provisions of section 8351(b)(5) of this title 
shall govern the rights of spouses of justices or judges 
contributing to the Thrift Savings Fund under this section.
    (7) Notwithstanding paragraphs (4) and (5), if any justice 
or judge retires under subsection (a) or (b) of section 371 or 
section 372(a) of title 28, or resigns without having met the 
age and service requirements set forth under section 371(c) of 
title 28, and such justice's or judge's nonforfeitable account 
balance is less than an amount that the Executive Director 
prescribes by regulation, the Executive Director shall pay the 
nonforfeitable account balance to the participant in a single 
payment.

Sec. 8440b. Bankruptcy judges and magistrates

      (a)(1) A bankruptcy judge or magistrate who is covered by 
section 377 of title 28 or section 2(c) of the Retirement and 
Survivors' Annuities for Bankruptcy Judges and Magistrates Act 
of 1988 may elect to contribute an amount of such individual's 
basic pay to the Thrift Savings Fund.
      (2) An election may be made under paragraph (1) only 
during a period provided under section 8432(b) for individuals 
subject to this chapter.
      (b)(1) Except as otherwise provided in this subsection, 
the provisions of this subchapter and subchapter VII shall 
apply with respect to bankruptcy judges and magistrates who 
make contributions to the Thrift Savings Fund under subsection 
(a) of this section.
      (2) The amount contributed by a bankruptcy judge or 
magistrate for any pay period shall not exceed the maximum 
percentage of such bankruptcy judge's or magistrate's basic pay 
for such pay period allowable under section 8440f.
      (3) No contributions shall be made under section 8432(c) 
of this title for the benefit of a bankruptcy judge or 
magistrate making contributions under subsection (a) of this 
section.
      (4)(A) Section 8433(b) of this title applies to a 
bankruptcy judge or magistrate who elects to make contributions 
to the Thrift Savings Fund under subsection (a) of this section 
and who retires entitled to an immediate annuity under section 
377 of title 28 (including a disability annuity under 
subsection (d) of such section) or section 2(c) of the 
Retirement and Survivors' Annuities for Bankruptcy Judges and 
Magistrates Act of 1988.
    (B) Section 8433(b) of this title applies to any bankruptcy 
judge or magistrate who elects to make contributions to the 
Thrift Savings Fund under subsection (a) of this section and 
who retires before attaining age 65 but is entitled, upon 
attaining age 65, to an annuity under section 377 of title 28 
or section 2(c) of the Retirement and Survivors Annuities for 
Bankruptcy Judges and Magistrates Act of 1988.
      (C) Section 8433(b) of this title applies to any 
bankruptcy judge or magistrate who elects to make contributions 
to the Thrift Savings Fund under subsection (a) of this section 
and who retires before becoming entitled to an immediate 
annuity, or an annuity upon attaining age 65, under section 377 
of title 28 or section 2(c) of the Retirement and Survivors' 
Annuities for Bankruptcy Judges and Magistrates Act of 1988.
      (5) With respect to bankruptcy judges and magistrates to 
whom this section applies, any of the actions described under 
paragraph (4)(A), (B), or (C) shall be considered a separation 
from service for purposes of this subchapter and subchapter 
VII.
      (6) For purposes of this section, the terms 
``retirement'' and ``retire'' include removal from office under 
section 377(d) of title 28 on the sole ground of mental or 
physical disability.
      (7) In the case of a bankruptcy judge or magistrate who 
receives a distribution from the Thrift Savings Plan and who 
later receives an annuity under section 377 of title 28, that 
annuity shall be offset by an amount equal to the amount of the 
distribution which represents the Government's contribution to 
that person's Thrift Savings Account, without regard to 
earnings attributable to that amount. Where such an offset 
would exceed 50 percent of the annuity to be received in the 
first year, the offset may be divided equally over the first 2 
years in which that person receives the annuity.
      (8) Notwithstanding paragraph (4), if any bankruptcy 
judge or magistrate retires under circumstances making such 
bankruptcy judge or magistrate eligible to make an election 
under subsection (b) of section 8433, and such bankruptcy 
judge's or magistrate's nonforfeitable account balance is less 
than an amount that the Executive Director prescribes by 
regulation, the Executive Director shall pay the nonforfeitable 
account balance to the participant in a single payment.

Sec. 8440c. Claims Court judges

      (a)(1) A judge of the United States Claims Court who is 
covered by section 178 of title 28 may elect to contribute an 
amount of such individual's basic pay to the Thrift Savings 
Fund.
      (2) An election may be made under paragraph (1) only 
during a period provided under section 8432(b) for individuals 
subject to this chapter.
      (b)(1) Except as otherwise provided in this subsection, 
the provisions of this subchapter and subchapter VII shall 
apply with respect to Claims Court judges who make 
contributions to the Thrift Savings Fund under subsection (a) 
of this section.
      (2) The amount contributed by a Claims Court judge for 
any pay period shall not exceed the maximum percentage of such 
judge's basic pay for such pay period allowable under section 
8440f.
      (3) No contributions shall be made under section 8432(c) 
of this title for the benefit of a Claims Court judge making 
contributions under subsection (a) of this section.
      (4)(A) Section 8433(b) of this title applies to a Claims 
court judge who elects to make contributions to the Thrift 
Savings Fund under subsection (a) of this section and who 
retires entitled to an annuity under section 178 of title 28 
(including a disability annuity under subsection (c) of such 
section).
      (B) Section 8433(b) of this title applies to any Claims 
Court judge who elects to make contributions to the Thrift 
Savings Fund under subsection (a) of this section and who 
retires before becoming entitled to an annuity under section 
178 of title 28.
      (5) With respect to Claims Court judges to whom this 
section applies, any of the actions described in paragraph 
(4)(A) or (B) shall be considered a separation from service for 
purposes of this subchapter and subchapter VII.
      (6) For purposes of this section, the terms 
``retirement'' and ``retire'' include removal from office under 
section 178(c) of title 28 on the sole ground of mental or 
physical disability.
      (7) In the case of a Claims Court judge who receives a 
distribution from the Thrift Savings Plan and who later 
receives an annuity under section 178 of title 28, such annuity 
shall be offset by an amount equal to the amount of the 
distribution which represents the Governments contribution to 
that person's Thrift Savings Account, without regard to earning 
attributable to that amount. Where such an offset would exceed 
50 percent of the annuity to be received in the first year, the 
offset may be divided equally over the first 2 years in which 
that person receives the annuity.
    (8) Notwithstanding paragraph (4), if any Claims Court 
judge retires under circumstances making such judge eligible to 
make an election under section 8433(b), and such judge's 
nonforfeitable account balance is less than an amount that the 
Executive Director prescribes by regulation, the Executive 
Director shall pay the nonforfeitable account balance to the 
participant in a single payment.

Sec. 8440d. Judges of the United States Court of Appeals for Veterans 
                    Claims

    (a)(1) A judge of the United States Court of Appeals for 
Veterans Claims may elect to contribute to the Thrift Savings 
Fund.
    (2) An election may be made under paragraph (1) only during 
a period provided under section 8432(b) of this title for 
individuals subject to this chapter.
    (b)(1) Except as otherwise provided in this subsection, the 
provisions of this subchapter and subchapter VII of this 
chapter shall apply with respect to a judge making 
contributions to the Thrift Savings Fund.
    (2) The amount contributed by a judge of the United States 
Court of Appeals for Veterans Claims for any pay period may not 
exceed the maximum percentage of such judge's basic pay for 
such pay period allowable under section 8440f. Basic pay does 
not include any retired pay paid pursuant to section 7296 of 
title 38.
    (3) No contributions may be made for the benefit of a judge 
under section 8432(c) of this title.
    (4) Section 8433(b) of this title applies with respect to a 
judge who elects to make contributions to the Thrift Savings 
Fund and retires under section 7296(b) of title 38.
    (5) Section 8433(b) of this title applies in the case of a 
judge who elects to make contributions to the Thrift Savings 
Fund and thereafter ceases to serve as a judge of the United 
States Court of Appeals for Veterans Claims but does not retire 
under section 7296(b) of title 38.
    (6) The provisions of section 8351(b)(7) of this title 
shall apply with respect to a judge who has elected to 
contribute to the Thrift Savings Fund under this section.

Sec. 8440e. Members of the uniformed services

    (a) For purposes of this section--
            (1) the term ``member'' has the meaning given such 
        term by section 211 of title 37; and
            (2) the term ``basic pay'' means basic pay payable 
        under section 204 of title 37.
    (b)(1) Any member eligible to participate in the Thrift 
Savings Plan by virtue of section 211(b) of title 37 may 
contribute to the Thrift Savings Fund.
    (2)(A) Except as provided in subparagraph (B), an election 
to contribute to the Thrift Savings Fund under this section may 
be made only during a period provided under section 8432(b), 
subject to the same conditions as prescribed under paragraph 
(2) (A)-(D) thereof.
    (B)(i) Notwithstanding subparagraph (A), any individual who 
is a member as of the effective date that applies with respect 
to such individual under section 663 of the National Defense 
Authorization Act for Fiscal Year 2000 may make the first such 
election during the 60-day period beginning on such effective 
date.
    (ii) An election made under this subparagraph shall take 
effect on the first day of the first applicable pay period 
beginning after the close of the 60-day period referred to in 
clause (i).
    (c) Except as otherwise provided in this section, the 
provisions of this subchapter and subchapter VII shall apply 
with respect to members making contributions to the Thrift 
Savings Fund, and such members shall, for purposes of this 
subchapter and subchapter VII, be considered employees within 
the meaning of section 8401(11).
    (d)(1)(A) The amount contributed by a member described in 
section 211(a)(1) of title 37 for any pay period out of basic 
pay may not exceed the maximum percentage of such member's 
basic pay for such pay period allowable under section 8440f.
    (B) The amount contributed by a member described in section 
211(a)(2) of title 37 for any pay period out of any 
compensation received under section 206 of title 37 may not 
exceed the maximum percentage of such member's compensation for 
such pay period (received under such section 206) allowable 
under section 8440f.
    (2) A member making contributions to the Thrift Savings 
Fund out of basic pay, or out of compensation under section 206 
of title 37, may also contribute (by direct transfer to the 
Fund) any part of any special or incentive pay that such member 
receives under chapter 5 of title 37.
    (3) Nothing in this section or section 211 of title 37 
shall be considered to waive any dollar limitation under the 
Internal Revenue Code of 1986 which otherwise applies with 
respect to the Thrift Savings Fund.
    (e) Except as provided in section 211(d) of title 37, no 
contribution under section 8432(c) of this title may be made 
for the benefit of a member making contributions to the Thrift 
Savings Fund under this section.\1\
---------------------------------------------------------------------------
    \1\ Section 663 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) 
as amended by section 661(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted by section 1 of 
Public Law 106-398; 114 Stat. 1654A-167), provides as follows:
---------------------------------------------------------------------------

SEC. 663. EFFECTIVE DATE.
---------------------------------------------------------------------------
    (a) In General.--Except as provided in subsection (b), the 
amendments made by this subtitle shall take effect 180 days after the 
date of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001.
    (b) Postponement Authority.--(1) The Secretary of Defense may 
postpone by up to 180 days after the date that would otherwise apply 
under subsection (a)--
---------------------------------------------------------------------------

          (A) the date as of which the amendments made by this subtitle 
        shall take effect; or
          (B) the date as of which section 211(a)(2) of title 37, 
        United States Code (as added by this subtitle) shall take 
        effect.
---------------------------------------------------------------------------
    (2) Postponement authority under this subsection may be exercised 
only to the extent that the failure to do so would prevent the Federal 
Retirement Thrift Investment Board from being able to provide timely 
and accurate services to investors or would place an excessive burden 
on the administrative capacity of the Board to accommodate participants 
in the Thrift Savings Plan, as determined by the Secretary of Defense 
after consultation with the Executive Director (appointed by the 
Board).
    (3) Paragraph (1) includes the authority to postpone the effective 
date of the amendments made by this subtitle (apart from section 
211(a)(2) of title 37, United States Code), and the effective date of 
such section 211(a)(2), by different lengths of time.
    (4) The Secretary shall notify the congressional defense 
committees, the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate of any determination made under this subsection.
---------------------------------------------------------------------------

Sec. 8440f. Maximum percentage allowable for certain participants

    The maximum percentage allowable under this section shall 
be determined in accordance with the following table:

In the case of a pay period beginning in fiscal year:        The maximum
                                                              percentage
                                                           allowable is:
    2001..........................................................    6 
    2002..........................................................    7 
    2003..........................................................    8 
    2004..........................................................    9 
    2005..........................................................   10 
    2006 or thereafter............................................ 100. 


                   SUBCHAPTER IV--SURVIVOR ANNUITIES

Sec. 8441. Definitions

    For the purpose of this subchapter--
            (1) the term ``widow'' means the surviving wife of 
        an employee, Member, or annuitant, or of a former 
        employee or Member, who--
                    (A) was married to him for at least 9 
                months immediately before his death; or
                    (B) is the mother of issue by that 
                marriage;
            (2) the term ``widower'' means the surviving 
        husband of an employee, Member, or annuitant, or of a 
        former employee or Member, who--
                    (A) was married to her for at least 9 
                months immediately before her death; or
                    (B) is the father of issue by that 
                marriage;
            (3) the term ``dependent'', in the case of any 
        child, means that the employee, Member, or annuitant 
        involved was, at the time of death of the employee, 
        Member, or annuitant either living with or contributing 
        to the support of such child, as determined in 
        accordance with such regulations as the Office shall 
        prescribe; and
            (4) the term ``child'' means--
                    (A) an unmarried dependent child under 18 
                years of age, including (i) an adopted child, 
                (ii) a stepchild but only if the stepchild 
                lived with the employee, Member, or annuitant 
                in a regular parent-child relationship, (iii) a 
                recognized natural child, and (iv) a child who 
                lived with and for whom a petition of adoption 
                was filed by an employee, Member, or annuitant 
                and who is adopted by the widow or widower of 
                the employee, Member, or annuitant after the 
                death of such employee, Member, or annuitant;
                    (B) such unmarried dependent child 
                regardless of age who is incapable of self-
                support because of mental or physical 
                disability incurred before age 18; or
                    (C) such unmarried dependent child between 
                18 and 22 years of age who is a student 
                regularly pursuing a full-time course of study 
                or training in residence in a high school, 
                trade school, technical or vocational 
                institute, junior college, college, university, 
                or comparable recognized educational 
                institution.
        For the purpose of this paragraph and section 8443, a 
        child whose 22nd birthday occurs before July 1 or after 
        August 31 of a calendar year, and while regularly 
        pursuing such a course of study or training, is deemed 
        to have become 22 years of age on the first day of July 
        after that birthday. A child who is a student is deemed 
        not to have ceased to be a student during an interim 
        between school years if the interim is not more than 5 
        months and if such child shows to the satisfaction of 
        the Office that such child has a bona fide intention of 
        continuing to pursue a course of study or training in 
        the same or different school during the school semester 
        (or other period into which the school year is divided) 
        immediately after the interim.

Sec. 8442. Rights of a widow or widower

    (a)(1) Except as provided in subsection (g), if an 
annuitant dies and is survived by a widow or widower, the widow 
or widower is entitled to an annuity equal to 50 percent of an 
annuity computed under section 8415 with respect to the 
annuitant, (or one-half thereof, if designated for this purpose 
under section 8419 of this title), unless--
            (A) the right to an annuity was waived under 
        section 8416(a) (and no election was subsequently made 
        under section 8416(d) nullifying the waiver); or
            (B) in the case of a marriage after retirement, the 
        annuitant did not file an election under section 8416 
        (b) or (c), as the case may be.
    (2) A spouse acquired after retirement is entitled to an 
annuity under this subsection (as provided in paragraph (1)) 
only upon electing this annuity instead of any other survivor 
benefit to which such spouse may be entitled under this 
subchapter or section 8424 or under another retirement system 
for Government employees.
    (b)(1) If an employee or Member dies after completing at 
least 18 months of civilian service creditable under section 
8411 and is survived by a widow or widower, the widow or 
widower is entitled to--
            (A) an amount equal to the sum of--
                    (i) 50 percent of the final annual rate of 
                basic pay (or of the average pay, if higher) of 
                the employee or Member; and
                    (ii) $15,000 as adjusted under section 
                8462(e); and
            (B) if the employee or Member completed at least 10 
        years of service, an annuity equal to 50 percent of an 
        annuity computed under section 8415 with respect to the 
        employee or Member, but without regard to subsection 
        (f) of such section.
    (2) The Office shall prescribe regulations under which the 
total amount payable to a widow or widower under paragraph 
(1)(A) may, at the election of the widow or widower, be paid--
            (A) in a lump sum; or
            (B) on a monthly basis--
                    (i) over a period of 3 years beginning on 
                the day after the employee's or Member's death; 
                or
                    (ii) over any other period established 
                under the regulations.
Any method of payment provided for under subparagraph (B) shall 
be designed such that the present value of the benefits 
provided under such method is actuarially equivalent to the 
present value of a lump-sum payment under subparagraph (A).
    (3) An amount payable under paragraph (1)(A) shall not be 
considered to be part of an annuity for purposes of this 
chapter.
    (c)(1) If a former employee or Member dies after having 
separated from the service with title to a deferred annuity 
under section 8413 but before having established a valid claim 
for an annuity, and is survived by a widow or widower to whom 
married on the date of separation, the widow or widower may 
elect to receive--
            (A) an annuity under paragraph (2); or
            (B) the lump-sum credit, if the widow or widower is 
        the individual who would be entitled to the lump-sum 
        credit and if such widow or widower files application 
        therefor with the Office.
    (2)(A)(i) Subject to clause (ii) and subparagraph (B)(ii), 
the annuity of the widow or widower is equal to 50 percent of 
an annuity computed under section 8415 for the former employee 
or Member.
    (ii)(I) In computing an amount under section 8415 for a 
former employee or Member (described in subclause (II)) in 
order to compute the annuity for a widow or widower under this 
subsection, the computation under section 8415 shall be made as 
if the former employee or Member had attained the applicable 
minimum retirement age under section 8412(h).
    (II) This clause applies with respect to a former employee 
or Member who dies before having attained the applicable 
minimum retirement age under section 8412(h).
    (B)(i) Notwithstanding the first sentence of subsection 
(d)(1), the annuity of the widow or widower of a former 
employee or Member under subparagraph (A)(ii) commences--
            (I) on the day after the date on which the former 
        employee or Member would have attained age 62 (or, if 
        applicable, either age 60 if the former employee or 
        Member completed at least 20 years of service, or the 
        applicable minimum retirement age (under section 
        8412(h)) if the former employee of Member completed at 
        least 30 years of service); or
            (II) if the widow or widower so designates in the 
        election, as of the day after the death of the former 
        employee or Member.
    (ii) The present value of the annuity of a widow or widower 
who chooses the earlier commencement date under clause (i)(II) 
shall be actuarially equivalent to the present value of an 
annuity computed for the widow or widower, determined as if the 
commencement date under clause (i)(I) were applicable.
    (3)(A) Paragraphs (1) and (2) shall apply only in the case 
of an employee or Member who completes at least 10 years of 
service.
    (B) Nothing in this subsection shall be considered to 
affect the provisions of this chapter relating to a lump-sum 
credit in the case of the widow or widower of a former employee 
or Member who dies after completing less than 10 years of 
service.
    (d)(1) The annuity of a widow or widower under this section 
commences on the day after the death of the individual on whose 
service such annuity is based. This annuity and the right 
thereto terminate on the last day of the month before the widow 
or widower--
            (A) dies; or
            (B) except as provided in paragraph (3), remarries 
        before becoming 55 years of age.
    (2) In the case of a widow or widower whose annuity under 
this section is terminated because of remarriage before 
becoming 55 years of age, the annuity shall be restored at the 
same rate commencing on the day the remarriage is dissolved by 
death, divorce, or annulment, if--
            (A) the widow or widower elects to receive this 
        annuity instead of any other survivor benefit to which 
        such widow or widower may be entitled (under this 
        subchapter or section 8424 or under another retirement 
        system for Government employees) by reason of the 
        remarriage; and
            (B) any lump sum paid on termination of the annuity 
        is returned to the Fund.
    (3) Paragraph (1)(B) (relating to termination of a survivor 
annuity because of a remarriage before age 55) shall not apply 
if the widow or widower was married for at least 30 years to 
the individual on whose service the survivor annuity is based.
    (e) The requirement in paragraphs (1)(A) and (2)(A) of 
section 8441 that the widow or widower of an annuitant, 
employee, or Member, or of a former employee or Member, have 
been married to such individual for at least 9 months 
immediately before the death of the individual in order to 
qualify as the widow or widower of such individual shall be 
deemed satisfied in any case in which the individual dies 
within the applicable 9-month period, if--
            (1) the death of the individual was accidental; or
            (2) the surviving spouse of the individual had been 
        previously married to such individual and subsequently 
        divorced, and the aggregate time married is at least 9 
        months.
    (f)(1) Subject to paragraph (4), a survivor who is entitled 
to an annuity under subsection (a) shall also be entitled to a 
supplementary annuity under this subsection.
    (2) A supplementary annuity under this subsection shall be 
equal to the lesser of--
            (A) the amount by which the survivor's assumed CSRS 
        annuity exceeds the annuity payable to such survivor 
        under subsection (a); or
            (B) the amount determined under paragraph (3).
    (3)(A) Except as provided in subparagraph (B), the amount 
under this paragraph for a survivor is the amount of widow's or 
widower's insurance benefits which would be payable to such 
survivor under title II of the Social Security Act (without 
regard to sections 202(e)(7), 202(f)(2), and 203 of such Act) 
based on the wages and self-employment income of the deceased 
annuitant, and determined--
            (i) as of the date on which the annuitant died; and
            (ii) as if the survivor had attained age 60 and 
        made application for those benefits under subsection 
        (e) or (f) of section 202 of such Act, as the case may 
        be.
    (B) Any computation or determination under this paragraph 
shall be made in accordance with the applicable provisions of 
the Social Security Act, except that in computing any primary 
insurance amount under section 215 of such Act for purposes of 
determining an amount under this subsection, subparagraphs (A) 
and (C) of section 8421(b)(2) shall apply.
    (4) A supplementary annuity under this subsection--
            (A) shall be payable to a survivor only for 
        calendar months ending before the calendar month in 
        which such survivor first satisfies the minimum age 
        requirement under section 202(e)(1)(B)(i) or 
        202(f)(1)(B)(i) of the Social Security Act, as the case 
        may be;
            (B) shall not be payable to a survivor who would 
        not be entitled to benefits under subsection (e) or (f) 
        of section 202 of the Social Security Act based on the 
        wages and self-employment income of the deceased 
        annuitant (determined, as of the date of the 
        annuitant's death, as if the survivor had attained age 
        60 and made appropriate application for benefits, but 
        without regard to any restriction under either such 
        subsection relating to remarriage); and
            (C) shall not be payable to a survivor for any 
        calendar month in which such survivor is entitled (or 
        would, on proper application, be entitled) to benefits 
        under section 202(g) of the Social Security Act 
        (relating to mother's and father's insurance benefits), 
        or under section 202 (e) or (f) of such Act by reason 
        of having become disabled, based on the wages and self- 
        employment income of the deceased annuitant.
    (5) For the purpose of this subsection, the term ``assumed 
CSRS annuity'', as used in the case of a survivor, means the 
amount of the annuity to which such survivor would be entitled 
under subchapter III of chapter 83 of this title based on the 
service of the deceased annuitant, determined--
            (A) as of the day after the date of the annuitant's 
        death;
            (B) as if the survivor had made appropriate 
        application therefor; and
            (C) as if the service of the deceased annuitant 
        were creditable under such subchapter.
    (6) An amount payable under this subsection shall be 
adjusted under section 8462 and shall otherwise be treated 
under this chapter in the same way as an amount payable under 
subsection (a).
    (g)(1) If the widow or widower of an annuitant under 
section 8452 (hereinafter in this subsection referred to as a 
``disability annuitant'') is determined under subsection (a) to 
be entitled to an annuity based on the service of such 
disability annuitant, the annuity of the widow or widower shall 
be equal to 50 percent of the amount determined under paragraph 
(2) (or one-half thereof if designated for this purpose under 
section 8419 of this title), rather than of the amount referred 
to in subsection (a).
    (2)(A) Except as provided in subparagraph (B), the amount 
on which the annuity of the widow or widower of a disability 
annuitant is based shall be the amount of the annuity to which 
such disability annuitant was entitled, as computed under 
section 8452 (including appropriate reduction under subsection 
(a)(2) of such section and any adjustments under section 8462 
allowed under section 8452), as of the day before the date of 
the disability annuitant's death.
    (B)(i) In the case of a widow or widower entitled to an 
annuity based on the service of a disability annuitant who dies 
before age 62, the amount under clause (ii) shall apply instead 
of the amount which would otherwise apply under subparagraph 
(A).
    (ii)(I) Subject to subclause (II), the amount of the 
annuity to which the disability annuitant was entitled as of 
the day before the date of death shall be considered to be the 
amount which would be computed with respect to such disability 
annuitant under section 8452(b) if the disability annuitant had 
attained age 62 on the day before date of death.
    (II) For purposes of any such computation under section 
8452(b)(2) pursuant to this clause, creditable service shall 
(in addition to the service which would otherwise be used under 
subparagraph (B)(i) of such section) include the period of time 
between date of death and the date of the sixty-second 
anniversary of the birth of the annuitant, and average pay 
shall be adjusted in accordance with subparagraph (B)(ii) of 
such section only through date of death.
    (h) The following rules shall apply notwithstanding any 
other provision of this section:
            (1) The annuity payable under this section to a 
        widow or widower may not exceed the difference 
        between--
                    (A) the amount of the annuity which would 
                otherwise be payable to such widow or widower 
                under this section; and
                    (B) the amount of the annuity payable to 
                any former spouse of the deceased employee, 
                Member, or annuitant, or former employee or 
                Member, based on an election made under section 
                8417(b) or a court order previously issued or 
                agreement previously entered into as described 
                in section 8445(a).
            (2) The amount payable under subsection (b)(1)(A) 
        to a widow or widower may not exceed the difference 
        between--
                    (A) the amount which would otherwise be 
                payable to such widow or widower under such 
                subsection; and
                    (B) the portion of such amount payable to 
                any former spouse of the deceased employee, 
                Member, or annuitant, or former employee or 
                Member, based on a court order previously 
                issued or agreement previously entered into.
            (3) A lump-sum credit under subsection (c)(2) shall 
        be subject to the same terms and conditions as apply 
        with respect to a lump-sum credit under section 
        8424(b).

Sec. 8443. Rights of a child

    (a)(1) If an employee or Member dies after completing at 
least 18 months of civilian service which is creditable under 
section 8411, or an annuitant dies, each surviving child is, 
for any month, entitled to an annuity equal to--
            (A) the amount by which the applicable amount under 
        paragraph (2) for such month exceeds the applicable 
        amount under paragraph (3) for such month, divided by
            (B) the number of children entitled to a payment 
        under this section for such month.
    (2) The applicable amount under this paragraph for any 
month is the total amount to which the surviving child or 
children (as the case may be) of the annuitant, employee, or 
Member would be entitled for such month under subchapter III of 
chapter 83 (including any adjustment based on section 8340) 
based on the service of such annuitant, employee, or Member, if 
the service of such annuitant, employee, or Member were 
creditable under such subchapter.
    (3) The applicable amount under this paragraph for any 
month is the total amount of child's insurance benefits which 
are payable (or would, on proper application, be payable) under 
title II of the Social Security Act for such month based on the 
wages and self-employment income of such annuitant, employee, 
or Member.
    (b) The annuity of a child under this subchapter--
            (1) commences on the day after the annuitant, 
        employee, or Member dies;
            (2) commences or resumes on the first day of the 
        month in which the child later becomes or again becomes 
        a student as described by section 8441(4), if any lump 
        sum paid is returned to the Fund; or
            (3) commences or resumes on the first day of the 
        month in which the child later becomes or again becomes 
        incapable of self-support because of a mental or 
        physical disability incurred before age 18 (or a later 
        recurrence of such disability), if any lump sum paid is 
        returned to the Fund.
This annuity and the right thereto terminate on the last day of 
the month before the child--
            (A) becomes 18 years of age unless then a student 
        as described or incapable of self-support;
            (B) becomes capable of self-support after becoming 
        18 years of age unless then such a student;
            (C) becomes 22 years of age if then such a student 
        and capable of self-support;
            (D) ceases to be such a student after becoming 18 
        years of age unless then incapable of self-support; or
            (E) dies or marries;
whichever occurs first. On the death of the surviving wife or 
husband, or former wife or husband, or termination of the 
annuity of a child, the annuity of any other child or children 
shall be recomputed and paid as though the wife or husband, 
former wife or husband, or child had not survived the 
annuitant, employee, or Member. If the annuity of a child under 
this subchapter terminates under subparagraph (E) because of 
marriage, then, if such marriage ends, such annuity shall 
resume on the first day of the month in which it ends, but only 
if any lump sum paid is returned to the Fund, and that 
individual is not otherwise ineligible for such annuity.

Sec. 8444. Rights of a named individual with an insurable interest

    The annuity of a survivor named under section 8420(a) is 55 
percent of the reduced annuity of the retired employee or 
Member determined under paragraph (2) of such section 8420(a). 
The annuity of the survivor commences on the day after the 
retired employee or Member dies. This annuity and the right 
thereto terminate on the last day of the month before the 
survivor dies.

Sec. 8445. Rights of a former spouse

    (a) Subject to subsections (b) through (e), a former spouse 
of a deceased employee, Member, or annuitant (or of a former 
employee or Member who dies after having separated from the 
service with title to a deferred annuity under section 8413 but 
before having established a valid claim for annuity) is 
entitled to an annuity under this section, if and to the extent 
expressly provided for in an election under section 8417(b), or 
in the terms of any decree of divorce or annulment or any court 
order or court-approved property settlement agreement incident 
to such decree.
    (b)(1) The annuity payable to a former spouse under this 
section may not exceed the difference between--
            (A) the amount applicable in the case of such 
        former spouse, as determined under paragraph (2); and
            (B) the amount of any annuity payable under this 
        section to any other former spouse of the employee, 
        Member, or annuitant, or former employee or Member, 
        based on an election previously made under section 
        8417(b), or a court order previously issued or 
        agreement previously entered into as described in 
        subsection (a).
    (2) The applicable amount, for purposes of paragraph (1)(A) 
in the case of a former spouse, is the amount of the annuity 
which would be payable under the provisions of section 8442 
(including subsection (f) of such section, but without regard 
to subsection (h) of such section) if such former spouse were a 
widow or widower entitled to an annuity under such provisions 
based on the service of the deceased employee, Member, or 
annuitant, or former employee or Member.
    (c) The commencement and termination of an annuity payable 
under this section shall be governed by the terms of the 
applicable order, decree, agreement, or election, as the case 
may be, except that any such annuity--
            (1) shall not commence before--
                    (A) the day after the employee, Member, or 
                annuitant, or former employee or Member, dies; 
                or
                    (B) the first day of the second month 
                beginning after the date on which the Office 
                receives written notice of the order, decree, 
                agreement, or election, as the case may be, 
                together with such additional information or 
                documentation as the Office may prescribe;
        whichever is later; and
            (2) except as provided in subsection (h), shall 
        terminate no later than the last day of the month 
        before the former spouse remarries before becoming 55 
        years of age or dies.
    (d) For purposes of this chapter, a modification in a 
decree, order, agreement, or election referred to in subsection 
(a) shall not be effective--
            (1) if such modification is made after the 
        retirement or death of the employee, Member, or 
        annuitant, or former employee or Member, concerned; and
            (2) to the extent that such modification involves 
        an annuity under this section.
    (e) For purposes of this chapter, a decree, order, 
agreement, or election referred to in subsection (a) shall not 
be effective, in the case of a former spouse, to the extent 
that it is inconsistent with any joint waiver previously 
executed with respect to such former spouse under section 
8416(a).
    (f)(1) Any amount under section 8442(b)(1)(A) which would 
otherwise be payable to a widow or widower based on the service 
of another individual shall be paid (in whole or in part) by 
the Office to a former spouse of such individual if and to the 
extent expressly provided for in the terms of a court decree of 
divorce, annulment, or legal separation, or the terms of a 
court order or court-approved property settlement incident to 
any decree of divorce, annulment, or legal separation.
    (2) Paragraph (1) shall apply only to payments made by the 
Office after the date of receipt in the Office of written 
notice of such decree, order, or agreement, and such additional 
information and documentation as the Office may prescribe.
    (g) Any payment under this section to a person bars 
recovery by any other person.
    (h)(1) Subsection (c)(2) (to the extent that it provides 
for termination of a survivor annuity because of a remarriage 
before age 55) shall not apply if the former spouse was married 
for at least 30 years to the individual on whose service the 
survivor annuity is based.
    (2) A remarriage described in paragraph (1) shall not be 
taken into account for purposes of section 8419(b)(1)(B) or any 
other provision of this chapter which the Office may by 
regulation identify in order to carry out the purposes of this 
subsection.


                   SUBCHAPTER V--DISABILITY BENEFITS

Sec. 8451. Disability retirement

    (a)(1)(A) An employee who completes at least 18 months of 
civilian service creditable under section 8411 and has become 
disabled shall be retired on the employee's own application or 
on application by the employee's agency.
    (B) For purposes of this subsection, an employee shall be 
considered disabled only if the employee is found by the Office 
to be unable, because of disease or injury, to render useful 
and efficient service in the employee's position.
    (2)(A) Notwithstanding paragraph (1), an employee shall not 
be eligible for disability retirement under this section if the 
employee has declined a reasonable offer of reassignment to a 
vacant position in the employee's agency for which the employee 
is qualified if the position--
            (i) is at the same grade (or pay level) as the 
        employee's most recent grade (or pay level) or higher;
            (ii) is within the employee's commuting area; and
            (iii) is one in which the employee would be able to 
        render useful and efficient service.
    (B) An employee who is applying for disability retirement 
under this subchapter shall be considered for reassignment by 
the employee's agency to a vacant position described in 
subparagraph (A) in accordance with such procedures as the 
Office shall by regulation prescribe.
    (C) An employee is entitled to appeal to the Merit Systems 
Protection Board under section 7701 any determination that the 
employee is not unable, because of disease or injury, to render 
useful and efficient service in a position to which the 
employee has declined reassignment under this section.
    (D) For purposes of subparagraph (A), an employee of the 
United States Postal Service shall not be considered qualified 
for a position if such position is in a different craft or if 
reassignment to such position would be inconsistent with the 
terms of a collective- bargaining agreement covering the 
employee.
    (b) A Member who completes at least 18 months of service as 
a Member and is found by the Office to be disabled for useful 
and efficient service as a Member because of disease or injury 
shall be retired on the Member's own application.
    (c) An employee or Member retiring under this section is 
entitled to an annuity computed under section 8452.

Sec. 8452. Computation of disability annuity

    (a)(1)(A) Except as provided in paragraph (2), or 
subsection (b), (c), or (d), the annuity of an annuitant under 
this subchapter--
            (i) for the period beginning on the date on which 
        such annuity commences, or is restored (as described in 
        section 8455(b) (2) or (3)), and ending at the end of 
        the twelfth month beginning on or after such date, 
        shall be equal to 60 percent of the annuitant's average 
        pay; and
            (ii) after the end of the period referred to in 
        clause (i), shall be equal to 40 percent of the 
        annuitant's average pay.
    (B) An annuity computed under this paragraph--
            (i) shall not, during any period referred to in 
        subparagraph (A)(i), be adjusted under section 8462; 
        but
            (ii) shall, after the end of any period referred to 
        in subparagraph (A)(i), be adjusted to reflect all 
        adjustments made under section 8462(b) after the end of 
        the period referred to in subparagraph (A)(i), whether 
        the amount actually payable to the annuitant under this 
        section in any month is determined under this 
        subsection or otherwise.
    (2)(A) For any month in which an annuitant is entitled both 
to an annuity under this subchapter as computed under paragraph 
(1) and to a disability insurance benefit under section 223 of 
the Social Security Act, the annuitant's annuity for such month 
(as so computed) shall--
            (i) if such month occurs during a period referred 
        to in paragraph (1)(A)(i), be reduced by 100 percent of 
        the annuitant's assumed disability insurance benefit 
        for such month; or
            (ii) if such month occurs other than during a 
        period referred to in paragraph (1)(A)(i), be reduced 
        by 60 percent of the annuitant's assumed disability 
        insurance benefit for such month;
except that an annuity may not be reduced below zero by reason 
of this paragraph.
    (B)(i) For purposes of this paragraph, the assumed 
disability insurance benefit of an annuitant for any month 
shall be equal to--
            (I) the amount of the disability insurance benefit 
        to which the annuitant is entitled under section 223 of 
        the Social Security Act for the month in which the 
        annuity under this subchapter commences, or is 
        restored, or, if no entitlement to such disability 
        insurance benefits exists for such month, the first 
        month thereafter for which the annuitant is entitled 
        both to an annuity under this subchapter and disability 
        insurance benefits under section 223 of the Social 
        Security Act, adjusted by
            (II) all adjustments made under section 8462(b) 
        after the end of the period referred to in paragraph 
        (1)(A)(i) (or, if later, after the end of the month 
        preceding the first month for which the annuitant is 
        entitled both to an annuity under this subchapter and 
        disability insurance benefits under section 223 of the 
        Social Security Act) and before the start of the month 
        involved (without regard to whether the annuitant's 
        annuity was affected by any of those adjustments.)
For purposes of computing the assumed disability insurance 
benefit, the month in which the annuitant's disability began 
(as determined under section 216(i)(2)(C) of the Social 
Security Act) shall be the month in which the annuity commenced 
or, if earlier (and if a determination was actually made) the 
month determined under such section.
    (ii) For purposes of applying section 224 of the Social 
Security Act to the assumed disability insurance benefit used 
to compute the reduction under this paragraph, the amount of 
the annuity under this subchapter which is considered shall be 
the amount of the annuity as determined before the application 
of this paragraph.
    (3) Section 8462 shall apply with respect to amounts under 
this subsection only as provided in paragraphs (1) and (2).
    (b)(1) Except as provided in subsection (d), if an 
annuitant is entitled to an annuity under this subchapter as of 
the day before the date of the sixty-second anniversary of the 
annuitant's birth (hereinafter in this section referred to as 
the annuitant's ``redetermination date''), such annuity shall 
be redetermined by the Office in accordance with paragraph (2). 
Effective as of the annuitant's redetermination date, the 
annuity (as so redetermined) shall be in lieu of any annuity to 
which such annuitant would otherwise be entitled under this 
subchapter.
    (2)(A) An annuity redetermined under this subsection shall 
be equal to the amount of the annuity to which the annuitant 
would be entitled under section 8415, taking into account the 
provisions of subparagraph (B).
    (B) In performing a computation under this paragraph--
            (i) creditable service of an annuitant shall be 
        increased by including any period (or periods) before 
        the annuitant's redetermination date during which the 
        annuitant was entitled to an annuity under this 
        subchapter; and
            (ii) the average pay which would otherwise be used 
        shall be adjusted to reflect all adjustments made under 
        section 8462(b) with respect to any period (or periods) 
        referred to in clause (i) (without regard to whether 
        the annuitant's annuity was affected by any of those 
        adjustments).
    (c) Except as provided in subsection (d), the annuity of an 
annuitant under this subchapter shall be computed under section 
8415 if--
            (1) such annuity commences, or is restored, 
        beginning on or after the redetermination date of the 
        annuitant; or
            (2) as of the day on which such annuity commences, 
        or is restored, the annuitant satisfies the age and 
        service requirements for entitlement to an annuity 
        under section 8412 (other than subsection (g) of such 
        section).
    (d)(1) The annuity to which an annuitant is entitled under 
this section (after the reduction under subsection (a)(2), if 
applicable, has been made) shall not be less than the amount of 
an annuity computed under section 8415 (excluding subsection 
(f) of such section).
    (2) In applying this subsection with respect to any 
annuitant, the amount of an annuity so computed under section 
8415 shall be adjusted under section 8462 (including subsection 
(c) thereof)--
            (A) to the same extent, and otherwise in the same 
        manner, as if it were an annuity--
                    (i) subject to adjustment under such 
                section; and
                    (ii) with a commencement date coinciding 
                with the date the annuitant's annuity commenced 
                or was restored under this subchapter, as the 
                case may be; and
            (B) whether the amount actually payable to the 
        annuitant under this section in any month is determined 
        under this subsection or otherwise.

Sec. 8453. Application

    A claim may be allowed under this subchapter only if 
application is filed with the Office before the employee or 
Member is separated from the service or within 1 year 
thereafter. This time limitation may be waived by the Office 
for an employee or Member who, at the date of separation from 
service or within 1 year thereafter, is mentally incompetent if 
the application is filed with the Office within 1 year from the 
date of restoration of the employee or Member to competency or 
the appointment of a fiduciary, whichever is earlier.

Sec. 8454. Medical examination

    An annuitant receiving a disability retirement annuity from 
the Fund shall be examined under the direction of the Office--
            (1) at the end of 1 year from the date of the 
        disability retirement; and
            (2) annually thereafter until becoming 60 years of 
        age;
unless the disability is permanent in character. If the 
annuitant fails to submit to examination as required by this 
section, payment of the annuity shall be suspended until 
continuance of the disability is satisfactorily established.

Sec. 8455. Recovery; restoration of earning capacity

    (a)(1) If an annuitant receiving a disability retirement 
annuity from the Fund recovers from the disability before 
becoming 60 years of age, payment of the annuity terminates on 
reemployment by the Government or 1 year after the date on 
which the Office determines that the annuitant has recovered, 
whichever is earlier.
    (2) If an annuitant receiving a disability annuity from the 
Fund, before becoming 60 years of age, is restored to an 
earning capacity fairly comparable to the current rate of pay 
of the position occupied at the time of retirement, payment of 
the annuity terminates 180 days after the end of the calendar 
year in which earning capacity is so restored. Earning capacity 
is deemed restored if in any calendar year the income of the 
annuitant from wages or self-employment or both equals at least 
80 percent of the current rate of pay of the position occupied 
immediately before retirement.
    (b)(1) If an annuitant whose annuity is terminated under 
subsection (a) is not reemployed in a position in which that 
individual is subject to this chapter, such individual is 
deemed, except for service credit, to have been involuntarily 
separated from the service for the purpose of subchapter II of 
this chapter as of the date of termination of the disability 
annuity, and after that termination is entitled to annuity 
under the applicable provisions of such subchapter.
    (2) If an annuitant whose annuity is terminated under 
subsection (a)(2)--
            (A) is not reemployed in a position subject to this 
        chapter; and
            (B) has not recovered from the disability for which 
        that individual was retired;
the annuity of such individual shall be restored at the 
applicable rate under section 8452 effective the first of the 
year following any calendar year in which such individual's 
income from wages or self-employment or both is less than 80 
percent of the current rate of pay of the position occupied 
immediately before retirement.
    (3) If an annuitant whose annuity is terminated because of 
a medical finding that the individual has recovered from 
disability is not reemployed in a position in which such 
individual is subject to this chapter, the annuity of such 
individual shall be restored at the applicable rate under 
section 8452 effective from the date on which the Office 
determines that there has been a recurrence of the disability.
    (4) Paragraphs (2) and (3) shall not apply in the case of 
an annuitant receiving an annuity from the Fund under 
subchapter II of this chapter.

Sec. 8456. Military reserve technicians

    (a)(1) Except as provided in paragraph (2) or (3), an 
individual shall be retired under this subchapter if the 
individual--
            (A) is separated from employment as a military 
        reserve technician by reason of a disability that 
        disqualifies the individual from membership in a 
        reserve component of the Armed Forces specified in 
        section 10101 of title 10 or from holding the military 
        grade required for such employment;
            (B) is not considered to be disabled under section 
        8451(a)(1)(B);
            (C) is not appointed to a position in the 
        Government (whether under subsection (b) or otherwise); 
        and
            (D) has not declined an offer of an appointment to 
        a position in the Government under subsection (b).
    (2) Payment of any annuity for an individual pursuant to 
this section terminates--
            (A) on the date the individual is appointed to a 
        position in the Government (whether pursuant to 
        subsection (b) or otherwise);
            (B) on the date the individual declines an offer of 
        appointment to a position in the Government under 
        subsection (b); or
            (C) as provided under section 8455(a).
    (3) An individual eligible to retire under section 8414(c) 
shall not be eligible to retire under this section.
    (b) Any individual applying for or receiving any annuity 
pursuant to this section shall, in accordance with regulations 
prescribed by the Office, be considered by any agency of the 
Government before any vacant position in the agency is filled 
if--
            (1) the position is located within the commuting 
        area of the individual's former position;
            (2) the individual is qualified to serve in such 
        position, as determined by the head of the agency; and
            (3) the position is at the same grade or equivalent 
        level as the position from which the individual was 
        separated.


          SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS

Sec. 8461. Authority of the Office of Personnel Management

    (a) The Office shall pay all benefits that are payable 
under subchapter II, IV, V, or VI of this chapter from the 
Fund.
    (b) The Office shall administer all provisions of this 
chapter not specifically required to be administered by the 
Board, the Executive Director, the Secretary of Labor, or any 
other officer or agency.
    (c) The Office shall adjudicate all claims under the 
provisions of this chapter administered by the Office.
    (d) The Office shall determine questions of disability and 
dependency arising under the provisions of this chapter 
administered by the Office. Except to the extent provided under 
subsection (e), the decisions of the Office concerning these 
matters are final and conclusive and are not subject to review. 
The Office may direct at any time such medical or other 
examinations as it considers necessary to determine the facts 
concerning disability or dependency of an individual receiving 
or applying for annuity under the provisions of this chapter 
administered by the Office. The Office may suspend or deny 
annuity for failure to submit to examination.
    (e)(1) Subject to paragraph (2), an administrative action 
or order affecting the rights or interests of an individual or 
of the United States under the provisions of this chapter 
administered by the Office may be appealed to the Merit Systems 
Protection Board under procedures prescribed by the Board.
    (2) In the case of any individual found by the Office to be 
disabled in whole or in part on the basis of the individual's 
mental condition, and that finding was made pursuant to an 
application by an agency for purposes of disability retirement 
under section 8451, the procedures under section 7701 shall 
apply and the decision of the Board shall be subject to 
judicial review under section 7703.
    (f) The Office shall fix the fees for examinations made 
under subchapter V of this chapter by physicians or surgeons 
who are not medical officers of the United States. The fees and 
reasonable traveling and other expenses incurred in connection 
with the examinations are paid from appropriations for the cost 
of administering the provisions of this chapter administered by 
the Office.
    (g) The Office may prescribe regulations to carry out the 
provisions of this chapter administered by the Office.
    (h)(1) Each Government agency shall furnish the Director 
with such information as the Director determines necessary in 
order to administer this chapter.
    (2) The Director, in consultation with the officials from 
whom such information is requested, shall establish (by 
regulation or otherwise) such safeguards as are necessary to 
ensure that information made available under this subsection is 
used only for the purpose authorized.
    (i) In making a determination of ``actuarial equivalence'' 
under this chapter, the economic assumptions used shall be the 
same as the economic assumptions most recently used by the 
Office (before the determination of actuarial equivalence 
involved) in determining the normal-cost percentage of the 
System.
    (j)(1) Notwithstanding any other provision of this chapter, 
the Director of Central Intelligence shall, in a manner 
consistent with the administration of this chapter by the 
Office, and to the extent considered appropriate by the 
Director of Central Intelligence--
            (A) determine entitlement to benefits under this 
        chapter based on the service of employees of the 
        Central Intelligence Agency;
            (B) maintain records relating to the service of 
        such employees;
            (C) compute benefits under this chapter based on 
        the service of such employees;
            (D) collect deposits to the Fund made by such 
        employees, their spouses, their former spouses, and 
        their survivors;
            (E) authorize and direct disbursements from the 
        Fund to the extent based on service of such employees; 
        and
            (F) perform such other functions under this chapter 
        (other than under subchapters III and VII of this 
        chapter) with respect to employees of the Central 
        Intelligence Agency as the Director of Central 
        Intelligence, in consultation with the Director of the 
        Office of Personnel Management, determines to be 
        appropriate.
    (2) The Director of the Office of Personnel Management 
shall furnish such information and, on a reimbursable basis, 
such services to the Director of Central Intelligence as the 
Director of Central Intelligence requests to carry out 
paragraph (1).
    (k)(1) The Director of Central Intelligence, in 
consultation with the Executive Director of the Federal 
Retirement Thrift Investment Board, may--
            (A) maintain exclusive records relating to 
        elections, contributions, and accounts under the Thrift 
        Savings Plan provided in subchapter III of this chapter 
        in the case of employees of the Central Intelligence 
        Agency;
            (B) provide that contributions by, or on behalf of, 
        such employees to the Thrift Savings Plan be accounted 
        for by such Executive Director in aggregate amounts;
            (C) make the necessary disbursements from, and the 
        necessary allocations of earnings, losses, and charges 
        to, individual accounts of such employees under the 
        Thrift Savings Plan; and
            (D) perform such other functions under subchapters 
        III and VII of this chapter (but not including 
        investing sums in the Thrift Savings Fund) with respect 
        to employees of the Central Intelligence Agency as the 
        Director of Central Intelligence, in consultation with 
        the Executive Director of the Federal Retirement Thrift 
        Investment Board, determines to be appropriate.
    (2) The Executive Director of the Federal Retirement Thrift 
Investment Board may not exercise authority under this chapter 
in the case of employees of the Central Intelligence Agency to 
the extent that the Director of Central Intelligence exercises 
authority provided in paragraph (1).
    (3) The Executive Director of the Federal Retirement Thrift 
Investment Board shall furnish such information and, on a 
reimbursable basis, such services to the Director of Central 
Intelligence as the Director of Central Intelligence determines 
necessary to carry out this subsection.
    (l) Subsection (h)(1), and sections 8439(b) and 8474(c)(4), 
shall be applied with respect to information relating to 
employees of the Central Intelligence Agency in a manner that 
protects intelligence sources, methods, and activities.
    (m)(1) The Director of Central Intelligence, in 
consultation with the Director of the Office of Personnel 
Management and the Executive Director of the Federal Retirement 
Thrift Investment Board, shall by regulation prescribe 
appropriate procedures to carry out subsections (j), (k), and 
(l).
    (2) The regulations shall provide procedures for the 
Director of the Office of Personnel Management to inspect and 
audit disbursements from the Fund under this chapter.
    (3) The Director of Central Intelligence shall submit the 
regulations prescribed under paragraph (1) to the Select 
Committee on Intelligence of the Senate and the Permanent 
Select Committee on Intelligence of the House of 
Representatives before the regulations take effect.
    (n)(1) Under regulations prescribed by the Office, an 
employee who--
                    (A) \1\ has not previously made an election 
                under this subsection or had an opportunity to 
                make an election under this paragraph;
---------------------------------------------------------------------------
    \1\ So in original. The margin of this subparagraph probably should 
be moved 2 ems to the left.
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            (B) has 5 more years of civilian service creditable 
        under this chapter; and
            (C) moves, without a break in service of more than 
        1 year, to employment in a nonappropriated fund 
        instrumentality of the Department of Defense or the 
        Coast Guard, respectively, described in section 
        2105(c),
shall be given the opportunity to elect irrevocably, within 30 
days after such move, to remain covered as an employee under 
this chapter during any employment described in section 2105(c) 
after such move.
    (2) Under regulations prescribed by the Office, an employee 
of a nonappropriated fund instrumentality of the Department of 
Defense or the Coast Guard described in section 2105(c), who--
                    (A) \1\ has not previously made an election 
                under this subsection or had an opportunity to 
                make an election under this paragraph;
            (B) is a vested participant in a retirement system 
        established for employees described in section 2105(c), 
        as the term ``vested participant'' is defined by such 
        system;
            (C) moves, without a break in service of more than 
        1 year, to a position that is not described by section 
        2105(c); and
            (D) is not eligible to make an election under 
        section 8347(q),
shall be given the opportunity to elect irrevocably, within 30 
days after such move, to remain covered, during any subsequent 
employment as an employee as defined by section 2105(a) or 
section 2105(c), by the retirement system applicable to such 
employee's current or most recent employment described by 
section 2105(c) rather than be subject to this chapter.

Sec. 8462. Cost-of-living adjustments

    (a) For the purpose of this section--
            (1) the term ``base quarter'', as used with respect 
        to a year, means the calendar quarter ending on 
        September 30 of such year;
            (2) the price index for a base quarter is the 
        arithmetical mean of such index for the 3 months 
        comprising such quarter; and
            (3) the term ``percent change in the price index'', 
        as used with respect to a year, means the percentage 
        derived by--
                    (A) reducing--
                            (i) the price index for the base 
                        quarter of such year, by
                            (ii) the price index for the base 
                        quarter of the preceding year in which 
                        an adjustment under this subsection was 
                        made;
                    (B) dividing the difference under 
                subparagraph (A) by the price index referred to 
                in subparagraph (A)(ii); and
                    (C) multiplying the quotient under 
                subparagraph (B) by 100.
    (b)(1) Except as provided in subsection (c), effective 
December 1 of any year in which an adjustment under this 
subsection is to be made, as determined under paragraph (2), 
each annuity payable from the Fund under this chapter (other 
than an annuity under section 8443) having a commencing date 
not later than such December 1 shall be adjusted as follows:
            (A) If the percent change in the price index for 
        the year does not exceed 3 percent, each annuity 
        subject to adjustment under this subsection shall be 
        increased by the lesser of--
                    (i) the percent change in the price index 
                (rounded to the nearest one-tenth of 1 
                percent); or
                    (ii) 2 percent.
            (B) If the percent change in the price index for 
        the year exceeds 3 percent, each annuity subject to 
        adjustment under this subsection shall be increased by 
        the excess of--
                    (i) the percent change in the price index 
                (rounded to the nearest one-tenth of 1 
                percent), over
                    (ii) 1 percent.
    (2) An adjustment under this subsection shall be made in a 
year only if the price index for the base quarter of such year 
exceeds the price index for the base quarter of the preceding 
year in which an adjustment under this subsection was made.
    (3) An annuity under this chapter shall not be subject to 
adjustment under section 8340. Nothing in the preceding 
sentence shall affect the computation of any amount under 
section 8443(a)(2).
    (c) Eligibility for an annuity increase under this section 
is governed by the commencing date of each annuity payable from 
the Fund as of the effective date of an increase, except as 
follows:
            (1) The first increase (if any) made under 
        subsection (b) to an annuity which is payable from the 
        Fund to an annuitant or survivor (other than a child 
        under section 8443) whose annuity has not been 
        increased under this subsection or subsection (b) shall 
        be equal to the product (adjusted to the nearest one-
        tenth of 1 percent) of--
                    (A) one-twelfth of the applicable percent 
                change computed under subsection (b), 
                multiplied by
                    (B) the number of months (not to exceed 12 
                months, counting any portion of a month as a 
                month)--
                            (i) for which the annuity was 
                        payable from the Fund before the 
                        effective date of the increase; or
                            (ii) in the case of a survivor of a 
                        deceased annuitant whose annuity has 
                        not been so increased, since the 
                        annuity was first payable to the 
                        deceased annuitant.
            (2) Effective from its commencing date, an annuity 
        payable from the Fund to an annuitant's survivor (other 
        than a widow or widower whose annuity is computed under 
        section 8442(g) or a child under section 8443) shall be 
        increased by the total percentage by which the deceased 
        annuitant's annuity had been increased under this 
        section during the period beginning on the date the 
        deceased annuitant's annuity commenced and ending on 
        the date of the deceased annuitant's death.
            (3)(A) An adjustment under subsection (b) for any 
        year shall not be effective with respect to the annuity 
        of an annuitant who is under 62 years of age as of the 
        date on which such adjustment would otherwise first 
        take effect.
            (B)(i) Except as provided in clause (ii), this 
        paragraph applies only with respect to an annuitant 
        under section 8412, 8413, or 8414.
            (ii) This paragraph does not apply with respect to 
        an annuitant under subsection (d) or (e) of section 
        8412 or (in the case of an annuitant separated from 
        service as a military reserve technician as a result of 
        disability) under section 8414(c).
            (4) The first increase (if any) made under 
        subsection (b) to an annuity which is payable from the 
        Fund to a widow or widower whose annuity is computed 
        under section 8442(g) shall be equal to the product 
        (adjusted to the nearest one-tenth of 1 percent) of--
                    (A) one-twelfth of the applicable percent 
                change computed under subsection (b), 
                multiplied by
                    (B) the number of months (not to exceed 12 
                months, counting any portion of a month as a 
                month) since--
                            (i) the effective date of the 
                        adjustment last made under this section 
                        in the annuity of the annuitant on 
                        whose service on the widow's or 
                        widower's annuity is based; or
                            (ii) if the annuity of the 
                        annuitant (referred to in clause (i)) 
                        has not been increased under this 
                        section, the commencement date of such 
                        annuitant's annuity (determined subject 
                        to section 8452(a)(1)(B)).
    (d) The monthly installment of an annuity after adjustment 
under this section shall be rounded to the next lowest dollar. 
However, the monthly installment shall, after adjustment, 
reflect an increase of at least $1.
    (e) The $15,000 amount referred to in section 
8442(b)(1)(A)(ii) shall be increased at the same time that, and 
by the same percent as the percentage by which, annuities under 
subchapter III of chapter 83 are increased.

Sec. 8463. Rate of benefits

    Each annuity payable from the Fund is stated as an annual 
amount, one-twelfth of which, rounded to the next lower dollar, 
constitutes the monthly rate payable on the first business day 
of the first month beginning after the month for which it has 
accrued.

Sec. 8464. Commencement and termination of annuities of employees and 
                    Members

    (a)(1) Except as otherwise provided in this chapter--
            (A) an annuity payable from the Fund commences on 
        the first day of the month after--
                    (i) separation from the service, in the 
                case of an employee or Member retiring under 
                section 8412, or subsection (a), (b)(1)(B), or 
                (d) \1\ of section 8414; or
---------------------------------------------------------------------------
    \1\ Section 1152(c)(2) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted by section 1 of 
Public Law 106-398; 114 Stat. 1654A-323) amended this clause by 
striking out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''. The 
amendment was carried out by striking ``or (b)(1)(B)'' and inserting 
``, (b)(1)(B), or (d)'' to reflect the probable intent of Congress.
---------------------------------------------------------------------------
                    (ii) pay ceases, and the applicable age and 
                service requirements are met, in the case of an 
                employee or Member retiring under section 8413;
            (B) an annuity payable from the Fund commences on 
        the day after separation from the service in the case 
        of an employee retiring under subsection (b)(1)(A) or 
        (c) of section 8414; and
            (C) an annuity payable from the Fund commences on 
        the day after separation from the service or the day 
        after pay ceases and the requirements for title to an 
        annuity are met in the case of an employee or Member 
        retiring under section 8451.
    (2) Notwithstanding paragraph (1)(A)(i), an annuity payable 
from the Fund commences on the day after separation from the 
service in the case of an employee or Member--
            (A) who retires under section 8412; and
            (B) whose separation occurs upon the expiration of 
        a term (or other period) for which the individual was 
        appointed or elected.
    (b) Except as otherwise provided in this chapter, the 
annuity of an annuitant under subchapter II or V of this 
chapter terminates on the date death or other terminating event 
occurs.

Sec. 8464a. Relationship between annuity and workers' compensation

    (a)(1) An individual is not entitled to receive--
            (A) an annuity under subchapter II or V, and
            (B) compensation for injury to, or disability of, 
        such individual under subchapter I of chapter 81, other 
        than compensation payable under section 8107,
covering the same period of time.
      (2) An individual is not entitled to receive an annuity 
under subchapter IV and a concurrent benefit under subchapter I 
of chapter 81 on account of the death of the same person.
      (3) Paragraphs (1) and (2) do not bar the right of a 
claimant to the greater benefit conferred by either this 
chapter or subchapter I of chapter 81.
      (b) If an individual is entitled to an annuity under 
subchapter II, IV, or V, and the individual receives a lump-sum 
payment for compensation under section 8135 based on the 
disability or death of the same person, so much of the 
compensation as has been paid for a period extended beyond the 
date payment of the annuity commences, as determined by the 
Department of Labor, shall be refunded to that Department for 
credit to the Employees' Compensation Fund. Before the 
individual may receive the annuity, the individual shall--
            (1) refund to the Department of Labor the amount 
        representing the commuted compensation payments for the 
        extended period; or
            (2) authorize the deduction of the amount from the 
        annuity.
Deductions from the annuity may be made from accrued or 
accruing payments. The amounts deducted and withheld from the 
annuity shall be transmitted to the Department of Labor for 
reimbursement to the Employees' Compensation Fund. When the 
Department of Labor finds that the financial circumstances of 
an individual entitled to an annuity under subchapter II, IV, 
or V warrant deferred refunding, deductions from the annuity 
may be prorated against and paid from accruing payments in such 
manner as the Department determines appropriate.

Sec. 8465. Waiver, allotment, and assignment of benefits

    (a) An individual entitled to an annuity payable from the 
Fund may decline to accept all or any part of the amount of the 
annuity by a waiver signed and filed with the Office. The 
waiver may be revoked in writing at any time. Payment of the 
annuity waived may not be made for the period during which the 
waiver is in effect.
    (b) An individual entitled to an annuity payable from the 
Fund may make allotments or assignments of amounts from the 
annuity for such purposes as the Office considers appropriate.

Sec. 8466. Application for benefits

    (a) No payment of benefits based on the service of an 
employee or Member shall be made from the Fund unless an 
application for payment of the benefits is received by the 
Office before the one hundred and fifteenth anniversary of the 
birth of the employee or Member.
    (b) Notwithstanding subsection (a), after the death of an 
employee, Member, or annuitant, or former employee or Member, a 
benefit based on the service of such employee, Member, or 
annuitant, or former employee or Member, shall not be paid 
under subchapter II or IV of this chapter unless an application 
therefor is received by the Office within 30 years after the 
death or other event which establishes the entitlement to the 
benefit.
    (c) Payment due a minor, or an individual mentally 
incompetent or under other legal disability, may be made to the 
person who is constituted guardian or other fiduciary by the 
law of the State of residence of the claimant or is otherwise 
legally vested with the care of the claimant or his estate. If 
a guardian or other fiduciary of the individual under legal 
disability has not been appointed under the law of the State of 
residence of the claimant, payment may be made to any person 
who, in the judgment of the Office, is responsible for the care 
of the claimant, and the payment bars recovery by any other 
person.

Sec. 8467. Court orders

    (a) Payments under this chapter which would otherwise be 
made to an employee, Member, or annuitant (including an 
employee, Member, or annuitant as defined in section 8331) 
based on service of that individual shall be paid (in whole or 
in part) by the Office or the Executive Director, as the case 
may be, to another person if and to the extent expressly 
provided for in the terms of--
            (1) any court decree of divorce, annulment, or 
        legal separation, or the terms of any court order or 
        court-approved property settlement agreement incident 
        to any court decree of divorce, annulment, or legal 
        separation; or
            (2) any court order or other similar process in the 
        nature of garnishment for the enforcement of a judgment 
        rendered against such employee, Member, or annuitant, 
        for physically, sexually, or emotionally abusing a 
        child.
In the event that the Office or the Executive Director, as the 
case may be, is served with more than 1 decree, order, or other 
legal process with respect to the same moneys due or payable to 
any individual, such moneys shall be available to satisfy such 
processes on a first-come, first-served basis, with any such 
process being satisfied out of such moneys as remain after the 
satisfaction of all such processes which have been previously 
served.
    (b) Subsection (a) shall apply only to payments made by the 
Office or the Executive Director under this chapter after the 
date on which the Office or the Executive Director (as the case 
may be) receives written notice of such decree, order, other 
legal process, or agreement, and such additional information 
and documentation as the Office or the Executive Director may 
require.
    (c) For the purpose of this section--
            (1) the term ``judgment rendered for physically, 
        sexually, or emotionally abusing a child'' means any 
        legal claim perfected through a final enforceable 
        judgment, which claim is based in whole or in part upon 
        the physical, sexual, or emotional abuse of a child, 
        whether or not that abuse is accompanied by other 
        actionable wrongdoing, such as sexual exploitation or 
        gross negligence; and
            (2) the term ``child'' means an individual under 18 
        years of age.

Sec. 8468. Annuities and pay on reemployment

    (a) If an annuitant, except a disability annuitant whose 
annuity is terminated because of the annuitant's recovery or 
restoration of earning capacity, becomes employed in an 
appointive or elective position, an amount equal to the annuity 
allocable to the period of actual employment shall be deducted 
from the annuitant's pay, except for lump-sum leave payment 
purposes under section 5551. Unless the annuitant's appointment 
is on an intermittent basis or is to a position as a justice or 
judge (as defined by section 451 of title 28) or as an employee 
subject to another retirement system for Government employees, 
or unless the annuitant is serving as President, deductions for 
the Fund shall be withheld from the annuitant's pay under 
section 8422(a) and contributions under section 8423 shall be 
made. The deductions and contributions referred to in the 
preceding provisions of this subsection shall be deposited in 
the Treasury of the United States to the credit of the Fund. 
The annuitant's lump-sum credit may not be reduced by annuity 
paid during the reemployment.
    (b)(1)(A) If an annuitant subject to deductions under the 
second sentence of subsection (a) serves on a full-time basis 
for a least 1 year, or on a part-time basis for periods 
equivalent to at least 1 year of full-time service, the 
annuitant's annuity on termination of reemployment shall be 
increased by an annuity computed under section 8415 (a) through 
(g) as may apply based on the period of reemployment and the 
basic pay, before deduction, averaged during the reemployment.
    (B)(i) If the annuitant is receiving a reduced annuity as 
provided in section 8419, the increase in annuity payable under 
subparagraph (A) is reduced by 10 percent and the survivor 
annuity or combination of survivor annuities payable under 
section 8442 or 8445 (or both) is increased by 50 percent of 
the increase in annuity payable under subparagraph (A), unless, 
at the time of claiming the increase payable under subparagraph 
(A), the annuitant notifies the Office in writing that the 
annuitant does not desire the survivor annuity to be increased.
    (ii) If an annuitant who is subject to the deductions 
referred to in subparagraph (A) dies while still reemployed, 
after having been reemployed for not less than 1 year of full-
time service (or the equivalent thereof, in the case of full-
time employment), the survivor annuity payable is increased as 
though the reemployment had otherwise terminated.
    (2)(A) If an annuitant subject to deductions under the 
second sentence of subsection (a) serves on a full-time basis 
for at least 5 years, or on a part-time basis for periods 
equivalent to at least 5 years of full-time service, the 
annuitant may elect, instead of the benefit provided by 
paragraph (1), to have such annuitant's rights redetermined 
under this chapter.
    (B) If an annuitant who is subject to the deductions 
referred to in subparagraph (A) dies while still reemployed, 
after having been reemployed for at least 5 years of full-time 
service (or the equivalent thereof in the case of part-time 
employment), any person entitled to a survivor annuity under 
section 8442 or 8445 based on the service of such annuitant 
shall be permitted to elect, in accordance with regulations 
prescribed by the Office of Personnel Management, to have such 
person's rights under subchapter IV redetermined. A 
redetermined survivor annuity elected under this subparagraph 
shall be in lieu of an increased annuity which would otherwise 
be payable in accordance with paragraph (1)(B)(ii).
    (3) If an annuitant subject to deductions under the second 
sentence of subsection (a) serves on a full-time basis for a 
period of less than 1 year, or on a part-time basis for periods 
equivalent to less than 1 year of full-time service, the total 
amount withheld under section 8422(a) from the annuitant's 
basic pay for the period or periods involved shall, upon 
written application to the Office, be payable to the annuitant 
(or the appropriate survivor or survivors, determined in the 
order set forth in section 8424(d)).
    (c) This section does not apply to an individual appointed 
to serve as a Governor of the Board of Governors of the United 
States Postal Service.
    (d) If an annuitant becomes employed as a justice or judge 
of the United States, as defined by section 451 of title 28, 
the annuitant may, at any time prior to resignation or 
retirement from regular active service as such a justice or 
judge, apply for and be paid, in accordance with section 
8424(a), the amount (if any) by which the lump-sum credit 
exceeds the total annuity paid, notwithstanding the time 
limitation contained in such section for filing an application 
for payment.
    (e) A reference in this section to an ``annuity'' shall not 
be considered to include any amount payable from a source other 
than the Fund.
    (f)(1) The Director of the Office of Personnel Management 
may, at the request of the head of an Executive agency--
            (A) waive the application of the preceding 
        provisions of this section on a case-by-case basis for 
        employees in positions for which there is exceptional 
        difficulty in recruiting or retaining a qualified 
        employee; or
            (B) grant authority to the head of such agency to 
        waive the application of the preceding provisions of 
        this section, on a case-by-case basis, for an employee 
        serving on a temporary basis, but only if, and for so 
        long as, the authority is necessary due to an emergency 
        involving a direct threat to life or property or other 
        unusual circumstances.
    (2) The Office shall prescribe regulations for the exercise 
of any authority under this subsection, including criteria for 
any exercise of authority and procedures for terminating a 
delegation of authority under paragraph (1)(B).
    (g)(1) If warranted by circumstances described in 
subsection (f)(1) (A) or (B) (as applicable), the Director of 
the Administrative Office of the United States Courts shall, 
with respect to an employee in the judicial branch, have the 
same waiver authority as would be available to the Director of 
the Office of Personnel Management, or a duly authorized agency 
head, under subsection (f) with respect to an employee of an 
Executive agency.
    (2) Authority under this subsection may not be exercised 
with respect to a justice or judge of the United States, as 
defined in section 451 of title 28.
    (h)(1) If warranted by circumstances described in 
subsection (f)(1) (A) or (B) (as applicable), an official or 
committee designated in paragraph (2) shall, with respect to 
the employees specified in the applicable subparagraph of such 
paragraph, have the same waiver authority as would be available 
to the Director of the Office of Personnel Management, or a 
duly authorized agency head, under subsection (f) with respect 
to an employee of an Executive agency.
    (2) Authority under this subsection may be exercised--
            (A) with respect to an employee of an agency in the 
        legislative branch, by the head of such agency;
            (B) with respect to an employee of the House of 
        Representatives, by the Committee on House Oversight of 
        the House of Representatives; and
            (C) with respect to an employee of the Senate, by 
        the Committee on Rules and Administration of the 
        Senate.
    (3) Any exercise of authority under this subsection shall 
be in conformance with such written policies and procedures as 
the agency head, the Committee on House Oversight of the House 
of Representatives, or the Committee on Rules and 
Administration of the Senate (as applicable) shall prescribe, 
consistent with the provisions of this subsection.
    (4) For the purpose of this subsection, ``agency in the 
legislative branch'', ``employee of the House of 
Representatives'', ``employee of the Senate'', and 
``congressional employee'' each has the meaning given to it in 
section 5531 of this title.
    (i)(1) For the purpose of subsections (f) through (h), 
``Executive agency'' shall not include the General Accounting 
Office.
    (2) An employee as to whom a waiver under subsection (f), 
(g), or (h) is in effect shall not be considered an employee 
for purposes of this chapter or chapter 83 of this title.

Sec. 8469. Withholding of State income taxes

    (a) The Office shall, in accordance with this section, 
enter into an agreement with any State within 120 days of a 
request for agreement from the proper State official. The 
agreement shall provide that the Office shall withhold State 
income tax in the case of the monthly annuity of any annuitant 
who voluntarily requests, in writing, such withholding. The 
amounts withheld during any calendar quarter shall be held in 
the Fund and disbursed to the States during the month following 
that calendar quarter.
    (b) An annuitant may have in effect at any time only one 
request for withholding under this section, and an annuitant 
may not have more than two such requests in effect during any 
one calendar year.
    (c) Subject to subsection (b), an annuitant may change the 
State designated by that annuitant for purposes of having 
withholdings made, and may request that the withholdings be 
remitted in accordance with such change. An annuitant also may 
revoke any request of that annuitant for withholding. Any 
change in the State designated or revocation is effective on 
the first day of the month after the month in which the request 
or the revocation is processed by the Office, but in no event 
later than on the first day of the second month beginning after 
the day on which such request or revocation is received by the 
Office.
    (d) This section does not give the consent of the United 
States to the application of a statute which imposes more 
burdensome requirements on the United States than on employers 
generally, or which subjects the United States or any annuitant 
to a penalty or liability because of this section. The Office 
may not accept pay from a State for services performed in 
withholding State income taxes from annuities. Any amount 
erroneously withheld from an annuity and paid to a State by the 
Office shall be repaid by the State in accordance with 
regulations issued by the Office.
    (e) For the purpose of this section--
            (1) the term ``State'' means a State, the District 
        of Columbia, or any territory or possession of the 
        United States; and
            (2) the term ``annuitant'' includes a survivor who 
        is receiving an annuity from the Fund.

Sec. 8470. Exemption from legal process; recovery of payments

    (a) An amount payable under subchapter II, IV, or V of this 
chapter is not assignable, either in law or equity, except 
under the provisions of section 8465 or 8467, or subject to 
execution, levy, attachment, garnishment or other legal 
process, except as otherwise may be provided by Federal laws.
    (b) Recovery of payments under subchapter II, IV, or V of 
this chapter may not be made from an individual when, in the 
judgment of the Office, the individual is without fault and 
recovery would be against equity and good conscience. 
Withholding or recovery of money paid under subchapter II, IV, 
or V of this chapter on account of a certification or payment 
made by a former employee of the United States in the discharge 
of his official duties may be made only if the head of the 
agency on behalf of which the certification or payment was made 
certifies to the Office that the certification or payment 
involved fraud on the part of the former employee.


 SUBCHAPTER VII--FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM

Sec. 8471. Definitions

    For the purposes of this subchapter--
            (1) the term ``beneficiary'' means an individual 
        (other than a participant) entitled to payment from the 
        Thrift Savings Fund under subchapter III of this 
        chapter;
            (2) the term ``Council'' means the Employee Thrift 
        Advisory Council established under section 8473 of this 
        title;
            (3) the term ``participant'' means an individual 
        for whom an account has been established under section 
        8439 of this title;
            (4) the term ``person'' means an individual, 
        partnership, joint venture, corporation, mutual 
        company, joint-stock company, trust, estate, 
        unincorporated organization, association, or labor 
        organization; and
            (5) the term ``Thrift Savings Fund'' means the 
        Thrift Savings Fund established under section 8437 of 
        this title.

Sec. 8472. Federal Retirement Thrift Investment Board

    (a) There is established in the Executive branch of the 
Government a Federal Retirement Thrift Investment Board.
    (b) The Board shall be composed of--
            (1) 3 members appointed by the President, of whom 1 
        shall be designated by the President as Chairman; and
            (2) 2 members appointed by the President, of whom--
                    (A) 1 shall be appointed by the President 
                after taking into consideration the 
                recommendation made by the Speaker of the House 
                of Representatives in consultation with the 
                minority leader of the House of 
                Representatives; and
                    (B) 1 shall be appointed by the President 
                after taking into consideration the 
                recommendation made by the majority leader of 
                the Senate in consultation with the minority 
                leader of the Senate.
    (c) Except as provided in section 311 of the Federal 
Employees' Retirement System Act of 1986, appointments under 
subsection (a) shall be made by and with the advice and consent 
of the Senate.
    (d) Members of the Board shall have substantial experience, 
training, and expertise in the management of financial 
investments and pension benefit plans.
    (e)(1) Except as provided in section 311 of the Federal 
Employees' Retirement System Act of 1986, a member of the Board 
shall be appointed for a term of 4 years, except that of the 
members first appointed (other than the members appointed under 
such section)--
            (A) the Chairman shall be appointed for a term of 4 
        years;
            (B) the members appointed under subsection (b)(2) 
        shall be appointed for terms of 3 years; and
            (C) the remaining members shall be appointed for 
        terms of 2 years.
    (2)(A) A vacancy on the Board shall be filled in the manner 
in which the original appointment was made and shall be subject 
to any conditions which applied with respect to the original 
appointment.
    (B) An individual chosen to fill a vacancy shall be 
appointed for the unexpired term of the member replaced.
    (3) The term of any member shall not expire before the date 
on which the member's successor takes office.
    (f) The Board shall--
            (1) establish policies for--
                    (A) the investment and management of the 
                Thrift Savings Fund; and
                    (B) the administration of subchapter III of 
                this chapter;
            (2) review the performance of investments made for 
        the Thrift Savings Fund; and
            (3) review and approve the budget of the Board.
    (g)(1) The Board may--
            (A) adopt, alter, and use a seal;
            (B) except as provided in paragraph (2), direct the 
        Executive Director to take such action as the Board 
        considers appropriate to carry out the provisions of 
        this subchapter and subchapter III of this chapter and 
        the policies of the Board;
            (C) upon the concurring votes of four members, 
        remove the Executive Director from office for good 
        cause shown; and
            (D) take such other actions as may be necessary to 
        carry out the functions of the Board.
    (2) Except in the case of investments required by section 
8438 of this title to be invested in securities of the 
Government, the Board may not direct the Executive Director to 
invest or to cause to be invested any sums in the Thrift 
Savings Fund in a specific asset or to dispose of or cause to 
be disposed of any specific asset of such Fund.
    (h) The members of the Board shall discharge their 
responsibilities solely in the interest of participants and 
beneficiaries under this subchapter and subchapter III of this 
chapter.
    (i) The Board shall prepare and submit to the President, 
and, at the same time, to the appropriate committees of 
Congress, an annual budget of the expenses and other items 
relating to the Board which shall be included as a separate 
item in the budget required to be transmitted to the Congress 
under section 1105 of title 31.
    (j) The Board may submit to the President, and, at the same 
time, shall submit to each House of Congress, any legislative 
recommendations of the Board relating to any of its functions 
under this title or any other provision of law.

Sec. 8473. Employee Thrift Advisory Council

    (a) The Board shall establish an Employee Thrift Advisory 
Council. The Council shall be composed of 15 members \1\ 
appointed by the Chairman of the Board in accordance with 
subsection (b).
---------------------------------------------------------------------------
    \1\ For the effective date of the amendments made to section 8473 
by section 661(a)(6) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 672) see section 663 set 
out as a footnote at the end of section 8440e.
---------------------------------------------------------------------------
    (b) The Chairman shall appoint 15 members \1\ of the 
Council, of whom--
            (1) 4 shall be appointed to represent the 
        respective labor organizations representing (as 
        exclusive representatives) the first, second, third, 
        and fourth largest numbers of individuals subject to 
        chapter 71 of this title;
            (2) 2 shall be appointed to represent the 
        respective labor organizations which have been accorded 
        exclusive recognition under section 1203(a) of title 39 
        representing the largest and second largest numbers of 
        individuals employed by the United States Postal 
        Service;
            (3) 1 shall be appointed to represent the labor 
        organization which has been accorded exclusive 
        recognition under section 1203(a) of title 39 
        representing the largest number of individuals employed 
        by the United States Postal Service as rural letter 
        carriers;
            (4) 2 shall be appointed to represent the 
        respective managerial organizations (other than an 
        organization described in paragraph (5)) which consult 
        with the United States Postal Service under section 
        1004(b) of title 39 and which represent the largest and 
        second largest numbers of individuals employed by the 
        United States Postal Service as managerial personnel;
            (5) 1 shall be appointed to represent the 
        supervisors' organization as defined in section 1004(h) 
        of title 39;
            (6) 1 shall be appointed to represent employee 
        organizations having as a purpose promoting the 
        interests of women in Government service;
            (7) 1 shall be appointed to represent the 
        organization representing the largest number of 
        individuals receiving annuities under this chapter or 
        chapter 83 of this title;
            (8) 1 shall be appointed to represent the 
        organization representing the largest number of 
        supervisors and management officials (as defined by 
        section 7103(a)); \1\
            (9) 1 shall be appointed to represent the 
        organization representing the largest number of members 
        of the Senior Executive Service; and \1\
            (10) 1 shall be appointed to represent participants 
        (under section 8440e) who are members of the uniformed 
        services. \1\
    (c)(1) The Chairman of the Board shall designate 1 member 
of the Council to serve as head of the Council.
    (2) A member of the Council shall be appointed for a term 
of 4 years.
    (3)(A) A vacancy in the Council shall be filled in the 
manner in which the original appointment was made and shall be 
subject to any conditions which applied with respect to the 
original appointment.
    (B) An individual chosen to fill a vacancy shall be 
appointed for the unexpired term of the member replaced.
    (C) The term of any member shall not expire before the date 
on which the member's successor takes office.
    (d) The Council shall act by resolution of a majority of 
the members.
    (e) The Council shall--
            (1) advise the Board and the Executive Director on 
        matters relating to--
                    (A) investment policies for the Thrift 
                Savings Fund; and
                    (B) the administration of this subchapter 
                and subchapter III of this chapter; and
            (2) perform such other duties as the Board may 
        direct with respect to investment funds established in 
        accordance with subchapter III of this chapter.
    (f) Section 14(a)(2) of the Federal Advisory Committee Act 
shall not apply to the Council.

Sec. 8474. Executive Director

    (a)(1) The Board shall appoint, without regard to the 
provisions of law governing appointments in the competitive 
service, an Executive Director by action agreed to by a 
majority of the members of the Board.
    (2) The Executive Director shall have substantial 
experience, training, and expertise in the management of 
financial investments and pension benefit plans.
    (b) The Executive Director shall--
            (1) carry out the policies established by the 
        Board;
            (2) invest and manage the Thrift Savings Fund in 
        accordance with the investment policies and other 
        policies established by the Board;
            (3) purchase annuity contracts and provide for the 
        payment of other benefits under subchapter III of this 
        chapter;
            (4) administer the provisions of this subchapter 
        and subchapter III of this chapter;
            (5) prescribe such regulations (other than 
        regulations relating to fiduciary responsibilities) as 
        may be necessary for the administration of this 
        subchapter and subchapter III of this chapter; and
            (6) meet from time to time with the Council upon 
        request of the Council.
    (c) The Executive Director may--
            (1) prescribe such regulations as may be necessary 
        to carry out the responsibilities of the Executive 
        Director under this section, other than regulations 
        relating to fiduciary responsibilities;
            (2) appoint such personnel as may be necessary to 
        carry out the provisions of this subchapter and 
        subchapter III of this chapter;
            (3) subject to approval by the Board, procure the 
        services of experts and consultants under section 3109 
        of this title;
            (4) secure directly from an Executive agency, the 
        United States Postal Service, or the Postal Rate 
        Commission any information necessary to carry out the 
        provisions of this subchapter or subchapter III of this 
        chapter and policies of the Board;
            (5) make such payments out of sums in the Thrift 
        Savings Fund as the Executive Director determines are 
        necessary to carry out the provisions of this 
        subchapter and subchapter III of this chapter and the 
        policies of the Board;
            (6) pay the compensation, per diem, and travel 
        expenses of individuals appointed under paragraphs (2), 
        (3), and (7) of this subsection from the Thrift Savings 
        Fund;
            (7) accept and use the services of individuals 
        employed intermittently in the Government service and 
        reimburse such individuals for travel expenses, as 
        authorized by section 5703 of this title, including per 
        diem as authorized by section 5702 of this title;
            (8) except as otherwise expressly prohibited by law 
        or the policies of the Board, delegate any of the 
        Executive Director's functions to such employees under 
        the Board as the Executive Director may designate and 
        authorize such successive redelegations of such 
        functions to such employees under the Board as the 
        Executive Director may consider to be necessary or 
        appropriate; and
            (9) take such other actions as are appropriate to 
        carry out the functions of the Executive Director.

Sec. 8475. Investment policies

    The Board shall develop investment policies under section 
8472(f)(1) of this title which provide for--
            (1) prudent investments suitable for accumulating 
        funds for payment of retirement income; and
            (2) low administrative costs.

Sec. 8476. Administrative provisions

    (a) The Board shall meet--
            (1) not less than once during each month; and
            (2) at additional times at the call of the 
        Chairman.
    (b)(1) Except as provided in sections 8472(g)(1)(C) and 
8474(a)(1) of this title, the Board shall perform the functions 
and exercise the powers of the Board on a majority vote of a 
quorum of the Board.
    (2) A vacancy on the Board shall not impair the authority 
of a quorum of the Board to perform the functions and exercise 
the powers of the Board.
    (c) Three members of the Board shall constitute a quorum 
for the transaction of business.
    (d)(1) Each member of the Board who is not an officer or 
employee of the Federal Government shall be compensated at the 
daily rate of basic pay for level IV of the Executive Schedule 
for each day during which such member is engaged in performing 
a function of the Board.
    (2) A member of the Board shall be paid travel, per diem, 
and other necessary expenses under subchapter I of chapter 57 
of this title while traveling away from such member's home or 
regular place of business in the performance of the duties of 
the Board.
    (3) Payments authorized under this subsection shall be paid 
from the Thrift Savings Fund.
    (e) The accrued annual leave of any employee who is a 
member of the Board or the Council shall not be charged for any 
time used in performing services for the Board or the Council.

Sec. 8477. Fiduciary responsibilities; liability and penalties

    (a) For the purposes of this section--
            (1) the term ``account'' is not limited by the 
        definition provided in section 8401(1);
            (2) the term ``adequate consideration'' means--
                    (A) in the case of a security for which 
                there is a generally recognized market--
                            (i) the price of the security 
                        prevailing on a national securities 
                        exchange which is registered under 
                        section 6 of the Securities Exchange 
                        Act of 1934; or
                            (ii) if the security is not traded 
                        on such a national securities exchange, 
                        a price not less favorable to the 
                        Thrift Savings Fund than the offering 
                        price for the security as established 
                        by the current bid and asked prices 
                        quoted by persons independent of the 
                        issuer and of any party in interest; 
                        and
                    (B) in the case of an asset other than a 
                security for which there is a generally 
                recognized market, the fair market value of the 
                asset as determined in good faith by a 
                fiduciary or fiduciaries in accordance with 
                regulations prescribed by the Secretary of 
                Labor;
            (3) the term ``fiduciary'' means--
                    (A) a member of the Board;
                    (B) the Executive Director;
                    (C) any person who has or exercises 
                discretionary authority or discretionary 
                control over the management or disposition of 
                the assets of the Thrift Savings Fund; and
                    (D) any person who, with respect to the 
                Thrift Savings Fund, is described in section 
                3(21)(A) of the Employee Retirement Income 
                Security Act of 1974 (29 U.S.C. 1002(21)(A)); 
                and
            (4) the term ``party in interest'' includes--
                    (A) any fiduciary;
                    (B) any counsel to a person who is a 
                fiduciary, with respect to the actions of such 
                person as a fiduciary;
                    (C) any participant;
                    (D) any person providing services to the 
                Board and, with respect to the actions of the 
                Executive Director as a fiduciary any person 
                providing services to the Executive Director;
                    (E) a labor organization, the members of 
                which are participants;
                    (F) a spouse, sibling, ancestor, lineal 
                descendant, or spouse of a lineal descendant of 
                a person described in subparagraph (A), (B), or 
                (D);
                    (G) a corporation, partnership, or trust or 
                estate of which, or in which, at least 50 
                percent of--
                            (i) the combined voting power of 
                        all classes of stock entitled to vote 
                        or the total value of shares of all 
                        classes of stock of such corporation;
                            (ii) the capital interest or 
                        profits interest of such partnership; 
                        or
                            (iii) the beneficial interest of 
                        such trust or estate;
                is owned directly or indirectly, or held by a 
                person described in subparagraph (A), (B), (D), 
                or (E);
                    (H) an official (including a director) of, 
                or an individual employed by, a person 
                described in subparagraph (A), (B), (D), (E), 
                or (G), or an individual having powers or 
                responsibilities similar to those of such an 
                official;
                    (I) a holder (directly or indirectly) of at 
                least 10 percent of the shares in a person 
                described in any subparagraph referred to in 
                subparagraph (H); and
                    (J) a person who, directly or indirectly, 
                is at least a 10 percent partner or joint 
                venturer (measured in capital or profits) in a 
                person described in any subparagraph referred 
                to in subparagraph (H).
    (b)(1) To the extent not inconsistent with the provisions 
of this chapter and the policies prescribed by the Board, a 
fiduciary shall discharge his responsibilities with respect to 
the Thrift Savings Fund or applicable portion thereof solely in 
the interest of the participants and beneficiaries and--
            (A) for the exclusive purpose of--
                    (i) providing benefits to participants and 
                their beneficiaries; and
                    (ii) defraying reasonable expenses of 
                administering the Thrift Savings Fund or 
                applicable portions thereof;
            (B) with the care, skill, prudence, and diligence 
        under the circumstances then prevailing that a prudent 
        individual acting in a like capacity and familiar with 
        such matters would use in the conduct of an enterprise 
        of a like character and with like objectives; and
            (C) to the extent permitted by section 8438 of this 
        title, by diversifying the investments of the Thrift 
        Savings Fund or applicable portions thereof so as to 
        minimize the risk of large losses, unless under the 
        circumstances it is clearly prudent not to do so.
    (2) No fiduciary may maintain the indicia of ownership of 
any assets of the Thrift Savings Fund outside the jurisdiction 
of the district courts of the United States.
    (c)(1) A fiduciary shall not permit the Thrift Savings Fund 
to engage in any of the following transactions, except in 
exchange for adequate consideration:
            (A) A transfer of any assets of the Thrift Savings 
        Fund to any person the fiduciary knows or should know 
        to be a party in interest or the use of such assets by 
        any such person.
            (B) An acquisition of any property from or sale of 
        any property to the Thrift Savings Fund by any person 
        the fiduciary knows or should know to be a party in 
        interest.
            (C) A transfer or exchange of services between the 
        Thrift Savings Fund and any person the fiduciary knows 
        or should know to be a party in interest.
    (2) Notwithstanding paragraph (1), a fiduciary with respect 
to the Thrift Savings Fund shall not--
            (A) deal with any assets of the Thrift Savings Fund 
        in his own interest or for his own account;
            (B) act, in an individual capacity or any other 
        capacity, in any transaction involving the Thrift 
        Savings Fund on behalf of a party, or representing a 
        party, whose interests are adverse to the interests of 
        the Thrift Savings Fund or the interests of its 
        participants or beneficiaries; or
            (C) receive any consideration for his own personal 
        account from any party dealing with sums credited to 
        the Thrift Savings Fund in connection with a 
        transaction involving assets of the Thrift Savings 
        Fund.
    (3)(A) The Secretary of Labor may, in accordance with 
procedures which the Secretary shall by regulation prescribe, 
grant a conditional or unconditional exemption of any fiduciary 
or transaction, or class of fiduciaries or transactions, from 
all or part of the restrictions imposed by paragraph (2).
    (B) An exemption granted under this paragraph shall not 
relieve a fiduciary from any other applicable provision of this 
chapter.
    (C) The Secretary of Labor may not grant an exemption under 
this paragraph unless he finds that such exemption is--
            (i) administratively feasible;
            (ii) in the interests of the Thrift Savings Fund 
        and of its participants and beneficiaries; and
            (iii) protective of the rights of participants and 
        beneficiaries of such Fund.
    (D) An exemption under this paragraph may not be granted 
unless--
            (i) notice of the proposed exemption is published 
        in the Federal Register;
            (ii) interested persons are given an opportunity to 
        present views; and
            (iii) the Secretary of Labor affords an opportunity 
        for a hearing and makes a determination on the record 
        with respect to the respective requirements of clauses 
        (i), (ii), and (iii) of subparagraph (C).
    (E) Notwithstanding subparagraph (D), the Secretary of 
Labor may determine that an exemption granted for any class of 
fiduciaries or transactions under section 408(a) of the 
Employee Retirement Income Security Act of 1974 shall, upon 
publication of notice in the Federal Register under this 
subparagraph, constitute an exemption for purposes of the 
provisions of paragraph (2).
    (d) This section does not prohibit any fiduciary from--
            (1) receiving any benefit which the fiduciary is 
        entitled to receive under this subchapter or subchapter 
        III of this chapter as a participant or beneficiary;
            (2) receiving any reasonable compensation 
        authorized by this subchapter for services rendered, or 
        for reimbursement of expenses properly and actually 
        incurred, in the performance of the fiduciary's duties 
        under this chapter; or
            (3) serving as a fiduciary in addition to being an 
        officer, employee, agent, or other representative of a 
        party in interest.
    (e)(1)(A) Any fiduciary that breaches the responsibilities, 
duties, and obligations set out in subsection (b) or violates 
subsection (c) shall be personally liable to the Thrift Savings 
Fund for any losses to such Fund resulting from each such 
breach or violation and to restore to such Fund any profits 
made by the fiduciary through use of assets of such Fund by the 
fiduciary, and shall be subject to such other equitable or 
remedial relief as a court considers appropriate, except as 
provided in paragraphs (3) and (4) of this subsection. A 
fiduciary may be removed for a breach referred to in the 
preceding sentence.
    (B) The Secretary of Labor may assess a civil penalty 
against a party in interest with respect to each transaction 
which is engaged in by the party in interest and is prohibited 
by subsection (c). The amount of such penalty shall be equal to 
5 percent of the amount involved in each such transaction (as 
defined in section 4975(f)(4) of the Internal Revenue Code of 
1986) for each year or part thereof during which the prohibited 
transaction continues, except that, if the transaction is not 
corrected (in such manner as the Secretary of Labor shall 
prescribe by regulation consistent with section 4975(f)(5) of 
such Code) within 90 days after the date the Secretary of Labor 
transmits notice to the party in interest (or such longer 
period as the Secretary of Labor may permit), such penalty may 
be in an amount not more than 100 percent of the amount 
involved.
    (C) A fiduciary shall not be liable under subparagraph (A) 
with respect to a breach of fiduciary duty under subsection (b) 
committed before becoming a fiduciary or after ceasing to be a 
fiduciary.
    (D) A fiduciary shall be jointly and severally liable under 
subparagraph (A) for a breach of fiduciary duty under 
subsection (b) by another fiduciary only if--
            (i) the fiduciary participates knowingly in, or 
        knowingly undertakes to conceal, an act or omission of 
        such other fiduciary, knowing such act or omission is 
        such a breach;
            (ii) by the fiduciary's failure to comply with 
        subsection (b) in the administration of the fiduciary's 
        specific responsibilities which give rise to the 
        fiduciary status, the fiduciary has enabled such other 
        fiduciary to commit such a breach; or
            (iii) the fiduciary has knowledge of a breach by 
        such other fiduciary, unless the fiduciary makes 
        reasonable efforts under the circumstances to remedy 
        the breach.
    (E) The Secretary of Labor shall prescribe, in regulations, 
procedures for allocating fiduciary responsibilities among 
fiduciaries, including investment managers. Any fiduciary who, 
pursuant to such procedures, allocates to a person or persons 
any fiduciary responsibility shall not be liable for an act or 
omission of such person or persons unless--
            (i) such fiduciary violated subsection (b) with 
        respect to the allocation, with respect to the 
        implementation of the procedures prescribed by the 
        Secretary of Labor (or the Board under section 114 of 
        the Federal Employees' Retirement System Technical 
        Corrections Act of 1986), or in continuing such 
        allocation; or
            (ii) such fiduciary would otherwise be liable in 
        accordance with subparagraph (D).
    (2) No civil action may be maintained against any fiduciary 
with respect to the responsibilities, liabilities, and 
penalties authorized or provided for in this section except in 
accordance with paragraphs (3) and (4).
    (3) A civil action may be brought in the district courts of 
the United States--
            (A) by the Secretary of Labor against any fiduciary 
        other than a Member of the Board or the Executive 
        Director of the Board--
                    (i) to determine and enforce a liability 
                under paragraph (1)(A);
                    (ii) to collect any civil penalty under 
                paragraph (1)(B);
                    (iii) to enjoin any act or practice which 
                violates any provision of subsection (b) or 
                (c);
                    (iv) to obtain any other appropriate 
                equitable relief to redress a violation of any 
                such provision; or
                    (v) to enjoin any act or practice which 
                violates subsection (g)(2) or (h) of section 
                8472 of this title;
            (B) by any participant, beneficiary, or fiduciary 
        against any fiduciary--
                    (i) to enjoin any act or practice which 
                violates any provision of subsection (b) or 
                (c);
                    (ii) to obtain any other appropriate 
                equitable relief to redress a violation of any 
                such provision;
                    (iii) to enjoin any act or practice which 
                violates subsection (g)(2) or (h) of section 
                8472 of this title; or
            (C) by any participant or beneficiary--
                    (i) to recover benefits of such participant 
                or beneficiary under the provisions of 
                subchapter III of this chapter, to enforce any 
                right of such participant or beneficiary under 
                such provisions, or to clarify any such right 
                to future benefits under such provisions; or
                    (ii) to enforce any claim otherwise 
                cognizable under sections 1346(b) and 2671 
                through 2680 of title 28, provided that the 
                remedy against the United States provided by 
                sections 1346(b) and 2672 of title 28 for 
                damages for injury or loss of property caused 
                by the negligent or wrongful act or omission of 
                any fiduciary while acting within the scope of 
                his duties or employment shall be exclusive of 
                any other civil action or proceeding by the 
                participant or beneficiary for recovery of 
                money by reason of the same subject matter 
                against the fiduciary (or the estate of such 
                fiduciary) whose act or omission gave rise to 
                such action or proceeding, whether or not such 
                action or proceeding is based on an alleged 
                violation of subsection (b) or (c).
    (4)(A) In all civil actions under paragraph (3)(A), 
attorneys appointed by the Secretary may represent the 
Secretary (except as provided in section 518(a) of title 28), 
however all such litigation shall be subject to the direction 
and control of the Attorney General.
    (B) The Attorney General shall defend any civil action or 
proceeding brought in any court against any fiduciary referred 
to in paragraph (3)(C)(ii) (or the estate of such fiduciary) 
for any such injury. Any fiduciary against whom such a civil 
action or proceeding is brought shall deliver, within such time 
after date of service or knowledge of service as determined by 
the Attorney General, all process served upon such fiduciary 
(or an attested copy thereof) to the Executive Director of the 
Board, who shall promptly furnish copies of the pleading and 
process to the Attorney General and the United States Attorney 
for the district wherein the action or proceeding is brought.
    (C) Upon certification by the Attorney General that a 
fiduciary described in paragraph (3)(C)(ii) was acting in the 
scope of such fiduciary's duties or employment as a fiduciary 
at the time of the occurrence or omission out of which the 
action arose, any such civil action or proceeding commenced in 
a State court shall be--
            (i) removed without bond at any time before trial 
        by the Attorney General to the district court of the 
        United States for the district and division in which it 
        is pending; and
            (ii) deemed a tort action brought against the 
        United States under the provisions of title 28 and all 
        references thereto.
    (D) The Attorney General may compromise or settle any claim 
asserted in such civil action or proceeding in the manner 
provided in section 2677 of title 28, and with the same effect. 
To the extent section 2672 of title 28 provides that persons 
other than the Attorney General or his designee may compromise 
and settle claims, and that payment of such claims may be made 
from agency appropriations, such provisions shall not apply to 
claims based upon an alleged violation of subsection (b) or 
(c).
    (E) For the purposes of paragraph (3)(C)(ii) the provisions 
of section 2680(h) of title 28 shall not apply to any claim 
based upon an alleged violation of subsection (b) or (c).
    (F) Notwithstanding sections 1346(b) and 2671 through 2680 
of title 28, whenever an award, compromise, or settlement is 
made under such sections upon any claim based upon an alleged 
violation of subsection (b) or (c), payment of such award, 
compromise, or settlement shall be made to the appropriate 
account within the Thrift Savings Fund, or where there is no 
such appropriate account, to the participant or beneficiary 
bringing the claim.
      (G) For purposes of paragraph (3)(C)(ii), fidicuiary 
includes only the Members of the Board and the Board's 
Executive Director.
    (5) Any relief awarded against a Member of the Board or the 
Executive Director of the Board in a civil action authorized by 
paragraph (3) may not include any monetary damages or any other 
recovery of money.
    (6) An action may not be commenced under paragraph (3)(A) 
or (B) with respect to a fiduciary's breach of any 
responsibility, duty, or obligation under subsection (b) or a 
violation of subsection (c) after the earlier of--
            (A) 6 years after (i) the date of the last action 
        which constituted a part of the breach or violation, or 
        (ii) in the case of an omission, the latest date on 
        which the fiduciary could have cured the breach or 
        violation; or
            (B) 3 years after the earliest date on which the 
        plaintiff had actual knowledge of the breach or 
        violation, except that, in the case of fraud or 
        concealment, such action may be commenced not later 
        than 6 years after the date of discovery of such breach 
        or violation.
      (7)(A) The district courts of the United States shall 
have exclusive jurisdiction of civil actions under this 
subsection.
      (B) An action under this subsection may be brought in the 
District Court of the United States for the District of 
Columbia or a district court of the United States in the 
district where the breach alleged in the complaint or petition 
filed in the action took place or in the district where a 
defendant resides or may be found. Process may be served in any 
other district where a defendant resides or may be found.
      (8)(A) A copy of the complaint or petition filed in any 
action brought under this subsection (other than by the 
Secretary of Labor) shall be served on the Executive Director, 
the Secretary of Labor, and the Secretary of the Treasury by 
certified mail.
      (B) Any officer referred to in subparagraph (A) of this 
paragraph shall have the right in his discretion to intervene 
in any action. If the Secretary of Labor brings an action under 
paragraph (2) of this subsection on behalf of a participant or 
beneficiary, he shall notify the Executive Director and the 
Secretary of the Treasury.
      (f) The Secretary of Labor may prescribe regulations to 
carry out this section.
      (g)(1) The Secretary of Labor shall establish a program 
to carry out audits to determine the level of compliance with 
the requirements of this section relating to fiduciary 
responsibilities and prohibited activities of fiduciaries.
      (2) An audit under this subsection may be conducted by 
the Secretary of Labor, by contract with a qualified non-
governmental organization, or in cooperation with the 
Comptroller General of the United States, as the Secretary 
considers appropriate.

Sec. 8478. Bonding

    (a)(1) Except as provided in paragraph (2), each fiduciary 
and each person who handles funds or property of the Thrift 
Savings Fund shall be bonded as provided in this section.
    (2)(A) Bond shall not be required of a fiduciary (or of any 
officer or employee of such fiduciary) if such fiduciary--
            (i) is a corporation organized and doing business 
        under the laws of the United States or of any State;
            (ii) is authorized under such laws to exercise 
        trust powers or to conduct an insurance business;
            (iii) is subject to supervision or examination by 
        Federal or State authority; and
            (iv) has at all times a combined capital and 
        surplus in excess of such minimum amount (not less than 
        $1,000,000) as the Secretary of Labor prescribes in 
        regulations.
    (B) If--
            (i) a bank or other financial institution would, 
        but for this subparagraph, not be required to be bonded 
        under this section by reason of the application of the 
        exception provided in subparagraph (A),
            (ii) the bank or financial institution is 
        authorized to exercise trust powers, and
            (iii) the deposits of the bank or financial 
        institution are not insured by the Federal Deposit 
        Insurance Corporation,
such exception shall apply to such bank or financial 
institution only if the bank or institution meets bonding 
requirements under State law which the Secretary of Labor 
determines are at least equivalent to those imposed on banks by 
Federal law.
    (b)(1) The Secretary of Labor shall prescribe the amount of 
a bond under this section at the beginning of each fiscal year. 
Except as otherwise provided in this paragraph, such amount 
shall not be less than 10 percent of the amount of funds 
handled. In no case shall such bond be less than $1,000 nor 
more than $500,000, except that the Secretary of Labor, after 
due notice and opportunity for hearing to all interested 
parties, and other consideration of the record, may prescribe 
an amount in excess of $500,000.
    (2) For the purpose of prescribing the amount of a bond 
under paragraph (1), the amount of funds handled shall be 
determined by reference to the amount of the funds handled by 
the person, group, or class to be covered by such bond or by 
their predecessor or predecessors, if any, during the preceding 
fiscal year, or to the amount of funds to be handled during the 
current fiscal year by such person, group, or class, estimated 
as provided in regulations prescribed by the Secretary of 
Labor.
    (c) A bond required by subsection (a)--
            (1) shall include such terms and conditions as the 
        Secretary of Labor considers necessary to protect the 
        Thrift Savings Fund against loss by reason of acts of 
        fraud or dishonesty on the part of the bonded person 
        directly or through connivance with others;
            (2) shall have as surety thereon a corporate surety 
        company which is an acceptable surety on Federal bonds 
        under authority granted by the Secretary of the 
        Treasury pursuant to sections 9304 through 9308 of 
        title 31; and
            (3) shall be in a form or of a type approved by the 
        Secretary of Labor, including individual bonds or 
        schedule or blanket forms of bonds which cover a group 
        or class.
    (d)(1) It shall be unlawful for any person to whom 
subsection (a) applies, to receive, handle, disburse, or 
otherwise exercise custody or control of any of the funds or 
other property of the Thrift Savings Fund without being bonded 
as required by this section.
    (2) It shall be unlawful for any fiduciary, or any other 
person having authority to direct the performance of functions 
described in paragraph (1), to permit any such function to be 
performed by any person to whom subsection (a) applies unless 
such person has met the requirements of such subsection.
    (e) Notwithstanding any other provision of law, any person 
who is required to be bonded as provided in subsection (a) 
shall be exempt from any other provision of law which would, 
but for this subsection, require such person to be bonded for 
the handling of the funds or other property of the Thrift 
Savings Fund.
    (f) The Secretary of Labor shall prescribe such regulations 
as may be necessary to carry out the provisions of this 
section, including exempting a person or class of persons from 
the requirements of this section.

Sec. 8478a. Investigative authority

    Any authority available to the Secretary of Labor under 
section 504 of the Employee Retirement Income Security Act of 
1974 is hereby made available to the Secretary of Labor, and 
any officer designated by the Secretary of Labor, to determine 
whether any person has violated, or is about to violate, any 
provision of section 8477 or 8478.

Sec. 8479. Exculpatory provisions; insurance

    (a) Any provision in an agreement or instrument which 
purports to relieve a fiduciary from responsibility or 
liability for any responsibility, obligation, or duty under 
this subchapter shall be void.
    (b)(1) The Executive Director may require employing 
agencies to contribute an amount not to exceed 1 percent of the 
amount such agencies are required to contribute in accordance 
with section 8432(c) of this title to the Thrift Savings Fund.
    (2) The sums credited to the Thrift Savings Fund under 
paragraph (1) shall be available and may be used at the 
discretion of the Executive Director to purchase insurance to 
cover potential liability of persons who serve in a fiduciary 
capacity with respect to the Thrift Savings Fund, without 
regard to whether a policy of insurance permits recourse by the 
insurer against the fiduciary in the case of a breach of a 
fiduciary obligation.

                                 NOTE:

    See also sections 301, 302, and 303 of Public Law 99-335 (June 6, 
1986), as amended by sections 301 and 302 of Public Law 99-556 (October 
27, 1986) and sections 106, 107, 113, 118, 119, and 134 of Public Law 
100-238 (January 8, 1988) which provide:

SEC. 301. ELECTIONS.

    (a) Elections for Individuals Subject to the Civil Service 
Retirement System.--(1)(A) Any individual (other than an individual 
under subsection (b)) who, as of June 30, 1987, is employed by the 
Federal Government, and who is then subject to subchapter III of 
chapter 83 of title 5, United States Code, may elect to become subject 
to chapter 84 of such title.
    (B) An election under this paragraph may not be made before July 1, 
1987, or after December 31, 1987.
    (2)(A) Any individual who, after June 30, 1987, becomes reemployed 
by the Federal Government, and who is then subject to subchapter III of 
chapter 83 of title 5, United States Code, may elect to become subject 
to chapter 84 of such title.
    (B) An election under this paragraph shall not be effective unless 
it is made during the six-month period beginning on the date on which 
reemployment commences.
    (3)(A) Except as provided in subparagraph (B), any individual--
            (i) who is excluded from the operation of subchapter III of 
        chapter 83 of title 5, United States Code, under subsection 
        (g), (i), (j), or (l) of section 8347 of such title, and,
            (ii) with respect to whom chapter 84 of title 5, United 
        States Code, does not apply because of section 8402(b)(2) of 
        such title,
shall, for purposes of an election under paragraph (1) or (2), be 
treated as if such individual were subject to subchapter III of chapter 
83 of title 5, United States Code.
    (B) An election under this paragraph may not be made by any 
individual who would be excluded from the operation of chapter 84 of 
title 5, United States Code, under section 8402(c) of such title 
(relating to exclusions based on the temporary or intermittent nature 
of one's employment).
    (4) A member of the Foreign Service described in section 103(6) of 
the Foreign Service Act of 1980 shall be ineligible to make any 
election under this subsection.
    (b) Elections for Certain Individuals Serving Continuously Since 
December 31, 1983.--The following rules shall apply in the case of any 
individual described in section 8402(b)(1) of title 5, United States 
Code:
            (1) If, as of December 31, 1986, the individual is subject 
        to subchapter III of chapter 83 of title 5, United States Code, 
        but is not subject to section 204 of the Federal Employees' 
        Retirement Contribution Temporary Adjustment Act of 1983, the 
        individual shall remain so subject to such subchapter unless 
        the individual elects, after June 30, 1987, and before January 
        1, 1988--
                    (A) to become subject to such subchapter under the 
                same terms and conditions as apply in the case of an 
                individual described in section 8402(b)(2) of such 
                title who is subject to such subchapter; or
                    (B) to become subject to chapter 84 of such title.
        An individual eligible to make an election under this paragraph 
        may make the election described in subparagraph (A) or (B), but 
        not both.
            (2) If, as of December 31, 1986, the individual is subject 
        to subchapter III of chapter 83 of title 5, United States Code, 
        and is also subject to section 204 of the Federal Employees' 
        Retirement Contribution Temporary Adjustment Act of 1983, the 
        individual--
                    (A) shall, as of January 1, 1987, become subject to 
                such subchapter under the same terms and conditions as 
                apply in the case of an individual described in section 
                8402(b)(2) of such title who is subject to such 
                subchapter; and
                    (B) may (during the six-month period described in 
                subsection (a)(1)(B)) elect to become subject to 
                chapter 84 of such title.
    (3)(A) If, as of December 31, 1986, the individual is not subject 
to subchapter III of chapter 83 of title 5, United States Code, such 
individual may, during the six-month period described in subsection 
(a)(1)(B)--
            (i) elect to become subject to chapter 84 of such title; or
            (ii) if such individual has not since made an election 
        described in subparagraph (B), elect to become subject to 
        subchapter III of chapter 83 of such title under the same terms 
        and conditions as apply in the case of an individual described 
        in section 8402(b)(2) of such title who is subject to such 
        subchapter.
    (B) Nothing in this paragraph shall be considered to preclude the 
individual from electing to become subject to subchapter III of chapter 
83 of such title pursuant to notification under section 8331(2) of such 
title--
            (i) during the period after December 31, 1986, and before 
        July 1, 1987; or
            (ii) after December 31, 1987, if such individual has not 
        since become subject to subchapter III of chapter 83, or 
        chapter 84, of such title.
    (c) Effective Date; Irrevocability.--An election made under this 
section--
            (1) shall take effect beginning with the first pay period 
        beginning after the date of the election; and
            (2) shall be irrevocable.
    (d) Condition for Making an Election; Extension To Satisfy 
Condition.--(1) An election under this section to become subject to 
chapter 84 of title 5, United States Code, shall not be considered 
effective in the case of an individual having one or more former 
spouses, unless the election is made with the written consent of such 
former spouse (or each such former spouse, if there is more than one).
    (2)(A) This subsection applies with respect to a former spouse who 
(based on the service of the individual involved) is entitled to 
benefits under section 8341(h) or 8345(j) of title 5, United States 
Code, under the terms of a decree of divorce or annulment, or a court 
order or court-approved property settlement incident to any such 
decree, with respect to which the Office of Personnel Management has 
been duly notified.
    (B) This subsection does not apply with respect to a former spouse 
who has ceased to be so entitled as a result of remarrying before age 
55.
    (3) The requirement under paragraph (1) shall be considered 
satisfied with respect to a former spouse if the individual seeking to 
make the election establishes to the satisfaction of the Office (in 
accordance with regulations prescribed by the Office)--
            (A) that the former spouse's whereabouts cannot be 
        determined; or
            (B) that, due to exceptional circumstances, requiring the 
        individual to seek the former spouse's consent would otherwise 
        be inappropriate.
    (4)(A) The Office shall, upon application of an individual, grant 
an extension for such individual to make an election referred to in 
paragraph (1) if such individual--
            (i) files application for extension before the end of the 
        period during which such individual would otherwise be eligible 
        to make such election; and
            (ii) demonstrates to the satisfaction of the Office that 
        the extension is needed to secure the modification of a decree 
        of divorce or annulment (or a court order or court-approved 
        property settlement incident to any such decree) in order to 
        satisfy the consent requirement under paragraph (1).
    (B) An extension under this paragraph shall be for 6 months or for 
such longer period as the Office considers appropriate.
    (e) Exclusions.--This section does not apply to an individual under 
section 8331(1)(G) of title 5, United States Code.

SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME SUBJECT TO 
                    THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

    (a) General and Special Rules.--All provisions of chapter 84 of 
title 5, United States Code (including those relating to disability 
benefits, survivor benefits, and any reductions to provide for survivor 
benefits) shall apply with respect to any individual who becomes 
subject to such chapter pursuant to an election under section 301, 
except if, or to the extent that, such provisions are inconsistent with 
the following:
            (1)(A) Any civilian service which is performed before the 
        effective date of the election under section 301 shall not be 
        creditable under chapter 84 of title 5, United States Code, 
        except as otherwise provided in this subsection.
            (B) Any service described in subparagraph (A) which is 
        covered service within the meaning of section 203(a)(3) of the 
        Federal Employees' Retirement Contribution Temporary Adjustment 
        Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331 note) (hereinafter in 
        this section referred to as ``covered service'') shall be 
        creditable under chapter 84 of title 5, United States Code, 
        if--
                    (i) with respect to any such service performed 
                before January 1, 1987, 1.3 percent of basic pay for 
                such service was withheld in accordance with such Act 
                or, if either such withholding was not made or was 
                made, but the amount so withheld was subsequently 
                refunded, 1.3 percent of basic pay for such period is 
                deposited to the credit of the Civil Service Retirement 
                and Disability Fund (hereinafter in this section 
                referred to as the ``Fund''), with interest (computed 
                under section 8334(e) of such title); and
                    (ii) with respect to any such service performed 
                after December 31, 1986, and before the effective date 
                of the election, an amount equal to the percentage of 
                basic pay for such service which would be required to 
                be withheld under section 8422(a) of title 5, United 
                States Code, has been contributed to the Fund by the 
                individual involved, whether by withholdings from pay 
                or, if either no withholding was made or was made, but 
                the amount withheld was subsequently refunded, the 
                aforementioned percentage of basic pay for such period 
                is deposited to the credit of the Fund, with interest 
                (computed under section 8334(e) of such title).
            (C) Any service described in subparagraph (A)--
                    (i) which is not covered service;
                    (ii) which constitutes service of a type described 
                in section 8411(b)(3) of title 5, United States Code 
                (determined without regard to whether such service was 
                performed before, on, or after January 1, 1989, and 
                without regard to the provisions of section 8411(f) of 
                such title); and
                    (iii) which, in the aggregate, is equal to less 
                than 5 years;
        shall be creditable under chapter 84 of such title, subject to 
        section 8411(f) of such title.
            (D) Any service described in subparagraph (A)--
                    (i) which is not covered service;
                    (ii) which constitutes service of a type described 
                in section 8411(b)(3) of title 5, United States Code 
                (determined without regard to whether such service was 
                performed before, on, or after January 1, 1989, and 
                without regard to the provisions of section 8411(f) of 
                such title); and
                    (iii) which, in the aggregate, is equal to 5 years 
                or more;
        shall be creditable for purposes of--
                    (I) section 8410 of such title, relating to the 
                minimum period of civilian service required to be 
                eligible for an annuity;
                    (II) any provision of section 8412 (other than 
                subsection (d) or (e) thereof), 8413, 8414, 8442(b)(1), 
                8443(a)(1), or 8451 of such title which relates to a 
                minimum period of service for entitlement to an 
                annuity;
                    (III) the provisions of paragraphs (4) and (6);
                    (IV) any provision of section 8412(d) of such title 
                which relates to a minimum period of service for 
                entitlement to an annuity, but only if and to the 
                extent that the service described in subparagraph (A) 
                was as a law enforcement officer or firefighter;
                    (V) any provision of section 8412(e) of such title 
                which relates to a minimum period of service for 
                entitlement to an annuity, but only if and to the 
                extent that the service described in subparagraph (A) 
                was as an air traffic controller; and
                    (VI) the provision of subsection (g) of section 
                8415 which relates to the minimum period of service 
                required to qualify for the higher accrual rate under 
                such subsection.
            (2)(A) Except as provided in subparagraph (B), the 
        creditability under chapter 84 of title 5, United States Code, 
        of any military service which is performed before the effective 
        date of the election under section 301 shall be determined in 
        accordance with applicable provisions of such chapter.
            (B) If the electing individual has performed service 
        described in clauses (i) through (iii) of paragraph (1)(D), 
        service described in subparagraph (A) which, but for the 
        provisions of subsection (b), would be creditable under 
        subchapter III of chapter 83 of title 5, United States Code, as 
        in effect on December 31, 1986, shall be creditable for 
        purposes of--
                    (i) any provision of section 8412 (other than 
                subsection (d) or (e) thereof), 8413, or 8414 of such 
                title which relates to a minimum period of service for 
                entitlement to an annuity; and
                    (ii) the provisions of paragraph (4).
            (3)(A)(i) If the electing individual becomes entitled to an 
        annuity under subchapter II of chapter 84 of title 5, United 
        States Code, or dies leaving a survivor or survivors entitled 
        to benefits under subchapter IV of such chapter, the annuity 
        for such individual shall be equal to the sum of the 
        individual's accrued benefits under the Civil Service 
        Retirement System (as determined under paragraph (4)) and the 
        individual's accrued benefits under the Federal Employees' 
        Retirement System (as determined under paragraph (5)).
            (ii) An annuity computed under this subparagraph shall be 
        deemed to be the individual's annuity computed under section 
        8415 of title 5, United States Code.
            (B) If the electing individual becomes entitled to an 
        annuity under subchapter V of chapter 84 of title 5, United 
        States Code, and if it becomes necessary to compute an annuity 
        under section 8415 of such title with respect to such 
        individual as a result of such individual's having become so 
        entitled, the methodology set forth in subparagraph (A) shall 
        be used in computing any such annuity under section 8415.
            (4) Accrued benefits under this paragraph shall be computed 
        in accordance with applicable provisions of subchapter III of 
        chapter 83 of title 5, United States Code (but without regard 
        to subsection (j) or (k), or the second sentence of subsection 
        (e), of section 8339 of such title) using only any civilian 
        service under paragraph (1)(D), and any military service under 
        paragraph (2)(B), which would be creditable for purposes of 
        computing an annuity under such subchapter. Notwithstanding the 
        preceding sentence, in computing accrued benefits under this 
        paragraph for an individual retiring under section 8412(g) or 
        8413(b) of title 5, United States Code, section 8339(h) of such 
        title (relating to reductions based on age at date of 
        separation) shall not apply.
            (5) Accrued benefits under this paragraph shall be computed 
        under section 8415 of title 5, United States Code, using--
                    (A) total service creditable under chapter 84 of 
                such title which is performed on or after the effective 
                date of the election under section 301; and
                    (B) with respect to service performed before such 
                effective date--
                            (i) creditable civilian service (as 
                        determined under applicable provisions of this 
                        subsection) other than any service described in 
                        paragraph (1)(D); and
                            (ii) creditable military service (as 
                        determined under applicable provisions of this 
                        subsection) other than any service described in 
                        paragraph (2)(B).
            (6)(A) For purposes of any computation under paragraph (4) 
        or (5), the average pay to be used shall be the largest annual 
        rate resulting from averaging the individual's rates of basic 
        pay in effect over any 3 consecutive years of creditable 
        service or, in the case of an annuity based on service of less 
        than 3 years, over the total period of service so creditable, 
        with each rate weighted by the period it was in effect.
            (B) For purposes of subparagraph (A), service shall be 
        considered creditable if it would be considered creditable for 
        purposes of determining average pay under chapter 83 or 84 of 
        title 5, United States Code.
            (7) The cost-of-living adjustments for the annuity of the 
        electing individual shall be made as follows:
                    (A) The portion of the annuity attributable to 
                paragraph (4) shall be adjusted at the time and in the 
                amount provided for under section 8340 of title 5, 
                United States Code.
                    (B) The portion of the annuity attributable to 
                paragraph (5) shall be adjusted at the time and in the 
                amount provided for under section 8462 of title 5, 
                United States Code.
            (8) For purposes of any computation under paragraph (4) in 
        the case of an individual who retires under section 8412 or 
        8414 of title 5, United States Code, or who dies leaving a 
        survivor or survivors entitled to benefits under subchapter IV 
        of such chapter, sick leave creditable under section 8339(m) of 
        such title shall be equal to the number of days of unused sick 
        leave to the individual's credit as of the date of retirement 
        or as of the effective date of the individual's election under 
        section 301, whichever is less.
            (9) In computing the annuity under paragraph (3) for an 
        individual retiring under section 8412(g) or 8413(b) of title 
        5, United States Code, the reduction under section 8415(f) of 
        such title shall apply with respect to the sum computed under 
        such paragraph.
            (10) An annuity supplement under section 8421 of title 5, 
        United States Code, shall be computed using the same service as 
        is used for the computation under paragraph (5).
            (11) Effective from its commencing date, an annuity payable 
        to an annuitant's survivor (other than a child under section 
        8443 of title 5, United States Code) shall be increased by the 
        total percent by which the deceased annuitant's annuity was 
        increased under paragraph (7).
            (12)(A)(i) If the electing individual is a reemployed 
        annuitant under section 8344 of title 5, United States Code, 
        under conditions allowing the annuity to continue during 
        reemployment, payment of the annuitant's annuity shall continue 
        after the effective date of the election, and an amount equal 
        to the annuity allocable to the period of actual employment 
        shall continue to be deducted from the annuitant's pay and 
        deposited as provided in subsection (a) of such section. 
        Deductions from pay under section 8422(a) of such title and 
        contributions under section 8423 of such title shall begin 
        effective on the effective date of the election.
            (ii) Notwithstanding any provision of section 301, an 
        election under such section shall not be available to any 
        reemployed annuitant who would be excluded from the operation 
        of chapter 84 of title 5, United States Code, under section 
        8402(c) of such title (relating to exclusions based on the 
        temporary or intermittent nature of one's employment).
            (B) If the annuitant serves on a full-time basis for at 
        least 1 year, or on a part-time basis for periods equivalent to 
        at least 1 year of full-time service, such annuitant's annuity, 
        on termination of reemployment, shall be increased by an 
        annuity computed--
                    (i) with respect to reemployment service before the 
                effective date of the election, under section 8339 (a), 
                (b), (d), (e), (h), (i), and (n) of title 5, United 
                States Code, as may apply based on the reemployment in 
                which such annuitant was engaged before such effective 
                date; and
                    (ii) with respect to reemployment service on or 
                after the effective date of the election, under section 
                8415 (a) through (f) of such title, as may apply based 
                on the reemployment in which such annuitant was engaged 
                on or after such effective date;
        with the ``average pay'' used in any computation under clause 
        (i) or (ii) being determined (based on rates of pay in effect 
        during the period of reemployment, whether before, on, or after 
        the effective date of the election) in the same way as provided 
        for in paragraph (6). If the annuitant is receiving a reduced 
        annuity as provided in section 8339(j) or section 8339(k)(2) of 
        title 5, United States Code, the increase in annuity payable 
        under this subparagraph is reduced by 10 percent and the 
        survivor annuity payable under section 8341(b) of such title is 
        increased by 55 percent of the increase in annuity payable 
        under this subparagraph, unless, at the time of claiming the 
        increase payable under this subparagraph, the annuitant 
        notifies the Office of Personnel Management in writing that 
        such annuitant does not desire the survivor annuity to be 
        increased. If the annuitant dies while still reemployed, after 
        having been reemployed for at least 1 full year (or the 
        equivalent thereof, in the case of part-time employment), any 
        survivor annuity payable under section 8341(b) of such title 
        based on the service of such annuitant is increased as though 
        the reemployment had otherwise terminated. In applying 
        paragraph (7) to an amount under this subparagraph, any portion 
        of such amount attributable to clause (i) shall be adjusted 
        under subparagraph (A) of such paragraph, and any portion of 
        such amount attributable to clause (ii) shall be adjusted under 
        subparagraph (B) of such paragraph.
            (C)(i) If the annuitant serves on a full-time basis for at 
        least 5 years, or on a part-time basis for periods equivalent 
        to at least 5 years of full-time service, such annuitant may 
        elect, instead of the benefit provided by subparagraph (B), to 
        have such annuitant's rights redetermined, effective upon 
        separation from employment. If the annuitant so elects, the 
        redetermined annuity will become payable as if such annuitant 
        were retiring for the first time based on the separation from 
        reemployment service, and the provisions of this section 
        concerning computation of annuity (other than any provision of 
        this paragraph) shall apply.
            (ii) If the annuitant dies while still reemployed, after 
        having been reemployed for at least 5 full years (or the 
        equivalent thereof, in the case of part-time employment), any 
        person entitled to a survivor annuity under section 8341(b) of 
        title 5, United States Code, based on the service of such 
        annuitant shall be permitted to elect to have such person's 
        rights redetermined in accordance with regulations which the 
        Office shall prescribe. Redetermined benefits elected under 
        this clause shall be in lieu of any increased benefits which 
        would otherwise be payable in accordance with the next to last 
        sentence of subparagraph (B).
            (D) If the annuitant serves on a full-time basis for less 
        than 1 year (or the equivalent thereof, in the case of part-
        time employment), any amounts withheld under section 8422(a) of 
        title 5, United States Code, from such annuitant's pay for the 
        period (or periods) involved shall, upon written application to 
        the Office, be payable to such annuitant (or the appropriate 
        survivor or survivors, determined in the order set forth in 
        section 8342(c) of such title).
            (E) For purposes of determining the period of an 
        annuitant's reemployment service under this paragraph, a period 
        of reemployment service shall not be taken into account 
        unless--
                    (i) with respect to service performed before the 
                effective date of the election under section 301, it is 
                service which, if performed for at least 1 full year, 
                would have allowed such annuitant to elect under 
                section 8344(a) of title 5, United States Code, to have 
                deductions withheld from pay; or
                    (ii) with respect to service performed on or after 
                the effective date of the election under section 301, 
                it is service with respect to which deductions from pay 
                would be required to be withheld under the second 
                sentence of section 8468(a) of title 5, United States 
                Code.
    (b) Chapter 83 Generally Inapplicable.--(1) Except as provided in 
subsection (a) or paragraph (2), subchapter III of chapter 83 of title 
5, United States Code, shall not apply with respect to any individual 
who becomes subject to chapter 84 of title 5, United States Code, 
pursuant to an election under section 301.
    (2)(A) Nothing in paragraph (1), or in subchapter III of chapter 83 
of title 5, United States Code, shall preclude the making of a deposit 
under such subchapter with respect to any civilian service under 
subsection (a)(1)(D) or military service under subsection (a)(2)(B) 
either by the electing individual or, for purposes of survivor 
annuities, by a survivor of such individual.
    (B) Nothing in paragraph (1) shall preclude the payment of any 
lump-sum credit in accordance with section 8342 of title 5, United 
States Code.
    (c) Refunds Relating to Certain Civilian Service.--(1) Any 
individual who makes an election under section 301 to become subject to 
chapter 84 and who, with respect to any period before the effective 
date of the election, has made a contribution to the Civil Service 
Retirement System (whether by deductions from pay or by a deposit or 
redeposit) and has not taken a refund of the contribution (as so made), 
shall be entitled to a refund equal to--
            (A) for a period of service under clause (i) of subsection 
        (a)(1)(B), the amount by which--
                    (i) the amount contributed with respect to such 
                period, exceeds
                    (ii) the amount required under such clause (i) with 
                respect to such period;
            (B) for a period of service under clause (ii) of subsection 
        (a)(1)(B), the amount by which--
                    (i) the amount so contributed with respect to such 
                period, exceeds
                    (ii) the amount required under such clause (ii) 
                with respect to such period; and
            (C) for a period of service under subparagraph (C) of 
        subsection (a)(1), the amount by which--
                    (i) the amount so contributed with respect to such 
                period, exceeds
                    (ii) the amount required under such subparagraph 
                with respect to such period.
    (2) In accordance with regulations prescribed by the Office of 
Personnel Management, a refund under this subsection shall be payable 
upon written application therefor filed with the Office and shall 
include interest at the rate provided in section 8334(e)(3) of title 5, 
United States Code. Interest on the refund shall accrue monthly and 
shall be compounded annually.

SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT TO 
                    CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO 
                    SOCIAL SECURITY.

    (a) Refund.--Any individual who makes an election under section 
301(b)(1)(A) shall, upon written application to the Office of Personnel 
Management, be entitled to a refund equal to--
            (1) for the period beginning on January 1, 1984, and ending 
        on December 31, 1986, the amount by which--
                    (A) the total amount deducted from such 
                individual's basic pay under section 8334(a)(1) of 
                title 5, United States Code, for such period, exceeds
                    (B) 1.3 percent of such individual's total basic 
                pay for such period; and
            (2) for the period beginning on January 1, 1987, and ending 
        on the day before the effective date of the election, the 
        amount by which--
                    (A) the total amount deducted from such 
                individual's basic pay under such section 8334(a)(1) 
                for such period, exceeds
                    (B) the total amount which would have been deducted 
                if such individual's basic pay had instead been subject 
                to section 8334(k) of such title during such period.

A refund under this subsection shall be computed with interest in 
accordance with section 302(c)(2) and regulations prescribed by the 
Office of Personnel Management.
    (b) Deposit Requirements.--(1) In the case of an individual who 
becomes subject to subchapter III of chapter 83 of title 5, United 
States Code, pursuant to notification as described in the second 
sentence of section 301(b)(3)(B), service performed by such individual 
before the effective date of the notification shall not be considered 
creditable under such subchapter unless--
            (A) for any service during the period beginning on January 
        1, 1987, and ending on the day before such effective date, 
        there is deposited to the credit of the Fund a percentage of 
        basic pay for such period equal to the percentage which would 
        have applied under section 8334(k) of such title if such 
        individual's pay had been subject to such section during such 
        period;
            (B) for any period of service beginning on January 1, 1984, 
        and ending on December 31, 1986, there is deposited to the 
        credit of the Fund an amount equal to 1.3 percent of basic pay 
        for such period; and
            (C) for any period of service before January 1, 1984, there 
        is deposited to the credit of the Fund any amount required with 
        respect to such period under such subchapter.
    (2) A deposit under this subsection may be made by the individual 
or, for purposes of survivor annuities, a survivor of such individual.


                 CHAPTER 85--UNEMPLOYMENT COMPENSATION

                    SUBCHAPTER I--EMPLOYEES GENERALLY

Sec.
8501.    Definitions.
8502.    Compensation under State agreement.
8503.    Compensation absent State agreement.
8504.    Assignment of Federal service and wages.
8505.    Payments to States.
8506.    Dissemination of information.
8507.    False statements and misrepresentations.
8508.    Regulations.
8509.    Federal Employees Compensation Account.

                      SUBCHAPTER II--EX-SERVICEMEN

8521.    Definitions; application.
8522.    Assignment of Federal service and wages.
8523.    Dissemination of information.
[8524.   Repealed.]
8525.    Effect on other statutes.

                   SUBCHAPTER I--EMPLOYEES GENERALLY

Sec. 8501. Definitions

    For the purpose of this subchapter--
            (1) ``Federal service'' means service performed 
        after 1952 in the employ of the United States or an 
        instrumentality of the United States which is wholly or 
        partially owned by the United States, but does not 
        include service (except service to which subchapter II 
        of this chapter applies) performed--
                    (A) by an elective official in the 
                executive or legislative branch;
                    (B) as a member of the armed forces or the 
                Commissioned Corps of the National Oceanic and 
                Atmospheric Administration;
                    (C) by members of the Foreign Service for 
                whom payments are provided under section 
                609(b)(1) of the Foreign Service Act of 1980;
                    (D) outside the United States, the 
                Commonwealth of Puerto Rico, and the Virgin 
                Islands by an individual who is not a citizen 
                of the United States;
                    (E) by an individual excluded by 
                regulations of the Office of Personnel 
                Management from the operation of subchapter III 
                of chapter 83 of this title because he is paid 
                on a contract or fee basis;
                    (F) by an individual receiving nominal pay 
                and allowances of $12 or less a year;
                    (G) in a hospital, home, or other 
                institution of the United States by a patient 
                or inmate thereof;
                    (H) by a student-employee as defined by 
                section 5351 of this title;
                    (I) by an individual serving on a temporary 
                basis in case of fire, storm, earthquake, 
                flood, or other similar emergency;
                    (J) by an individual employed under a 
                Federal relief program to relieve him from 
                unemployment;
                    (K) as a member of a State, county, or 
                community committee under the Agricultural 
                Stabilization and Conservation Service or of 
                any other board, council, committee, or other 
                similar body, unless the board, council, 
                committee, or other body is composed 
                exclusively of individuals otherwise in the 
                full-time employ of the United States; or
                    (L) by an officer or a member of the crew 
                on or in connection with an American vessel--
                            (i) owned by or bareboat chartered 
                        to the United States; and
                            (ii) whose business is conducted by 
                        a general agent of the Secretary of 
                        Commerce;
        if contributions on account of the service are required 
        to be made to an unemployment fund under a State 
        unemployment compensation law under section 3305(g) of 
        title 26;
            (2) ``Federal wages'' means all pay and allowances, 
        in cash and in kind, for Federal service;
            (3) ``Federal employee'' means an individual who 
        has performed Federal service;
            (4) ``compensation'' means cash benefits payable to 
        an individual with respect to his unemployment 
        including any portion thereof payable with respect to 
        dependents;
            (5) ``benefit year'' means the benefit year as 
        defined by the applicable State unemployment 
        compensation law, and if not so defined the term means 
        the period prescribed in the agreement under this 
        subchapter with a State or, in the absence of such an 
        agreement, the period prescribed by the Secretary of 
        Labor;
            (6) ``State'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        and the Virgin Islands;
            (7) ``United States'', when used in a geographical 
        sense, means the States; and
            (8) ``base period'' means the base period as 
        defined by the applicable State unemployment 
        compensation law for the benefit year.

Sec. 8502. Compensation under State agreement

    (a) The Secretary of Labor, on behalf of the United States, 
may enter into an agreement with a State, or with an agency 
administering the unemployment compensation law of a State, 
under which the State agency shall--
            (1) pay, as agent of the United States, 
        compensation under this subchapter to Federal 
        employees; and
            (2) otherwise cooperate with the Secretary and with 
        other State agencies in paying compensation under this 
        subchapter.
    (b) The agreement shall provide that compensation will be 
paid by the State to a Federal employee in the same amount, on 
the same terms, and subject to the same conditions as the 
compensation which would be payable to him under the 
unemployment compensation law of the State if his Federal 
service and Federal wages assigned under section 8504 of this 
title to the State had been included as employment and wages 
under that State law.
    [(c) Repealed. Pub. L. 90-83, Sec. 1(86)(B), Sept. 11, 
1967, 81 Stat. 218.]
    (d) A determination by a State agency with respect to 
entitlement to compensation under an agreement is subject to 
review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, 
and only in that manner and to that extent.
    (e) Each agreement shall provide the terms and conditions 
on which it may be amended or terminated.

Sec. 8503. Compensation absent State agreement

    (a) In the case of a Federal employee whose Federal service 
and Federal wages are assigned under section 8504 of this title 
to a State which does not have an agreement with the Secretary 
of Labor, the Secretary, under regulations prescribed by him, 
shall, on the filing by the Federal employee of a claim for 
compensation under this subsection, pay compensation to him in 
the same amount, on the same terms, and subject to the same 
conditions as would be paid to him under the unemployment 
compensation law of the State if his Federal service and 
Federal wages had been included as employment and wages under 
that State law. However, if the Federal employee, without 
regard to his Federal service and Federal wages, has employment 
or wages sufficient to qualify for compensation during the 
benefit year under that State law, then payments of 
compensation under this subsection may be made only on the 
basis of his Federal service and Federal wages.
    (b) A Federal employee whose claim for compensation under 
subsection (a) of this section is denied is entitled to a fair 
hearing under regulations prescribed by the Secretary. A final 
determination by the Secretary with respect to entitlement to 
compensation under this section is subject to review by the 
courts in the same manner and to the same extent as is provided 
by section 405(g) of title 42.

Sec. 8504. Assignment of Federal service and wages

    Under regulations prescribed by the Secretary of Labor, the 
Federal service and Federal wages of a Federal employee shall 
be assigned to the State in which he had his last official 
station in Federal service before the filing of his first claim 
for compensation for the benefit year. However--
            (1) if, at the time of filing his first claim, he 
        resides in another State in which he performed, after 
        the termination of his Federal service, service covered 
        under the unemployment compensation law of the other 
        State, his Federal service and Federal wages shall be 
        assigned to the other State; and
            (2) if his last official station in Federal 
        service, before filing his first claim, was outside the 
        United States, his Federal service and Federal wages 
        shall be assigned to the State where he resides at the 
        time he files his first claim.

Sec. 8505. Payments to States

    (a) Each State is entitled to be paid by the United States 
with respect to each individual whose base period wages 
included Federal wages an amount which shall bear the same 
ratio to the total amount of compensation paid to such 
individual as the amount of his Federal wages in his base 
period bears to the total amount of his base period wages.
    (b) Each State shall be paid, either in advance or by way 
of reimbursement, as may be determined by the Secretary of 
Labor, the sum that the Secretary estimates the State is 
entitled to receive under this subchapter for each calendar 
month. The sum shall be reduced or increased by the amount 
which the Secretary finds that his estimate for an earlier 
calendar month was greater or less than the sum which should 
have been paid to the State. An estimate may be made on the 
basis of a statistical, sampling, or other method agreed on by 
the Secretary and the State agency.
    (c) The Secretary, from time to time, shall certify to the 
Secretary of the Treasury the sum payable to each State under 
this section. The Secretary of the Treasury, before audit or 
settlement by the General Accounting Office, shall pay the 
State in accordance with the certification from the funds for 
carrying out the purposes of this subchapter.
    (d) Money paid a State under this subchapter may be used 
solely for the purposes for which it is paid. Money so paid 
which is not used for these purposes shall be returned, at the 
time specified by the agreement, to the Treasury of the United 
States and credited to current applicable appropriations, 
funds, or accounts from which payments to States under this 
subchapter may be made.
    (e) An agreement may--
            (1) require each State officer or employee who 
        certifies payments or disburses funds under the 
        agreement, or who otherwise participates in its 
        performance, to give a surety bond to the United States 
        in the amount the Secretary considers necessary; and
            (2) provide for payment of the cost of the bond 
        from funds for carrying out the purposes of this 
        subchapter.
    (f) In the absence of gross negligence or intent to defraud 
the United States, an individual designated by the Secretary, 
or designated under an agreement, as a certifying official is 
not liable for the payment of compensation certified by him 
under this subchapter.
    (g) In the absence of gross negligence or intent to defraud 
the United States, a disbursing official is not liable for a 
payment by him under this subchapter if it was based on a 
voucher signed by a certifying official designated as provided 
by subsection (f) of this section.
    (h) For the purpose of payments made to a State under 
subchapter III of chapter 7 of title 42, administration by a 
State agency under an agreement is deemed a part of the 
administration of the State unemployment compensation law.

Sec. 8506. Dissemination of information

    (a) Each agency of the United States and each wholly or 
partially owned instrumentality of the United States shall make 
available to State agencies which have agreements under this 
subchapter, or to the Secretary of Labor, as the case may be, 
such information concerning the Federal service and Federal 
wages of a Federal employee as the Secretary considers 
practicable and necessary for the determination of the 
entitlement of the Federal employee to compensation under this 
subchapter. The information shall include the findings of the 
employing agency concerning--
            (1) whether or not the Federal employee has 
        performed Federal service;
            (2) the periods of Federal service;
            (3) the amount of Federal wages; and
            (4) the reasons for termination of Federal service.
The employing agency shall make the findings in the form and 
manner prescribed by regulations of the Secretary. The 
regulations shall include provision for correction by the 
employing agency of errors and omissions. This subsection does 
not apply with respect to Federal service and Federal wages 
covered by subchapter II of this chapter.
    (b) The agency administering the unemployment compensation 
law of a State shall furnish the Secretary such information as 
he considers necessary or appropriate in carrying out this 
subchapter. The information is deemed the report required by 
the Secretary for the purpose of section 503(a)(6) of title 42.

Sec. 8507. False statements and misrepresentations

    (a) If a State agency, the Secretary of Labor, or a court 
of competent jurisdiction finds that an individual--
            (1) knowingly has made, or caused to be made by 
        another, a false statement or representation of a 
        material fact, or knowingly has failed, or caused 
        another to fail, to disclose a material fact; and
            (2) as a result of that action has received an 
        amount as compensation under this subchapter to which 
        he was not entitled;
the individual shall repay the amount to the State agency or 
the Secretary. Instead of requiring repayment under this 
subsection, the State agency or the Secretary may recover the 
amount by deductions from compensation payable to the 
individual under this subchapter during the 2-year period after 
the date of the finding. A finding by a State agency or the 
Secretary may be made only after an opportunity for a fair 
hearing, subject to such further review as may be appropriate 
under sections 8502(d) and 8503(c) of this title.
    (b) An amount repaid under subsection (a) of this section 
shall be--
            (1) deposited in the fund from which payment was 
        made, if the repayment was to a State agency; or
            (2) returned to the Treasury of the United States 
        and credited to the current applicable appropriation, 
        fund, or account from which payment was made, if the 
        repayment was to the Secretary.

Sec. 8508. Regulations

    The Secretary of Labor may prescribe rules and regulations 
necessary to carry out this subchapter and subchapter II of 
this chapter. The Secretary, insofar as practicable, shall 
consult with representatives of the State unemployment 
compensation agencies before prescribing rules or regulations 
which may affect the performance by the State agencies of 
functions under agreements under this subchapter.

Sec. 8509. Federal Employees Compensation Account

    (a) The Federal Employees Compensation Account (as 
established by section 909 of the Social Security Act, and 
hereafter in this section referred to as the ``Account'') in 
the Unemployment Trust Fund (as established by section 904 of 
such Act) shall consist of--
            (1) funds appropriated to or transferred thereto, 
        and
            (2) amounts deposited therein pursuant to 
        subsection (c).
    (b) Moneys in the Account shall be available only for the 
purpose of making payments to States pursuant to agreements 
entered into under this chapter and making payments of 
compensation under this chapter in States which do not have in 
effect such an agreement.
    (c)(1) Each employing agency shall deposit into the Account 
amounts equal to the expenditures incurred under this chapter 
on account of Federal service performed by employees and former 
employees of that agency.
    (2) Deposits required by paragraph (1) shall be made during 
each calendar quarter and the amount of the deposit to be made 
by any employing agency during any quarter shall be based on a 
determination by the Secretary of Labor as to the amounts of 
payments, made prior to such quarter from the Account based on 
Federal service performed by employees of such agency after 
December 31, 1980, with respect to which deposit has not 
previously been made. The amount to be deposited by any 
employing agency during any calendar quarter shall be adjusted 
to take account of any overpayment or underpayment of deposit 
during any previous quarter for which adjustment has not 
already been made.
    (3) If any Federal agency does not deposit in the Federal 
Employees Compensation Account any amount before the date 30 
days after the date on which the Secretary of Labor has 
notified such agency that it is required to so deposit such 
amount, the Secretary of Labor shall notify the Secretary of 
the Treasury of the failure to make such deposit and the 
Secretary of the Treasury shall transfer such amount to the 
Federal Employees Compensation Account from amounts otherwise 
appropriated to such Federal agency.
    (d) The Secretary of Labor shall certify to the Secretary 
of the Treasury the amount of the deposit which each employing 
agency is required to make to the Account during any calendar 
quarter, and the Secretary of the Treasury shall notify the 
Secretary of Labor as to the date and amount of any deposit 
made to such Account by any such agency.
    (e) Prior to the beginning of each fiscal year (commencing 
with the fiscal year which begins October 1, 1981) the 
Secretary of Labor shall estimate--
            (1) the amount of expenditures which will be made 
        from the Account during such year, and
            (2) the amount of funds which will be available 
        during such year for the making of such expenditures,
and if, on the basis of such estimate, he determines that the 
amount described in paragraph (2) is in excess of the amount 
necessary--
            (3) to meet the expenditures described in paragraph 
        (1), and
            (4) to provide a reasonable contingency fund so as 
        to assure that there will, during all times in such 
        year, be sufficient sums available in the Account to 
        meet the expenditures described in paragraph (1),
he shall certify the amount of such excess to the Secretary of 
the Treasury and the Secretary of the Treasury shall transfer, 
from the Account to the general fund of the Treasury, an amount 
equal to such excess.
    (f) The Secretary of Labor is authorized to establish such 
rules and regulations as may be necessary or appropriate to 
carry out the provisions of this section.
    (g) Any funds appropriated after the establishment of the 
Account, for the making of payments for which expenditures are 
authorized to be made from moneys in the Account, shall be made 
to the Account; and there are hereby authorized to be 
appropriated to the Account, from time to time, such sums as 
may be necessary to assure that there will, at all times, be 
sufficient sums available in the Account to meet the 
expenditures authorized to be made from moneys therein.
    (h) For purposes of this section, the term ``Federal 
service'' includes Federal service as defined in section 
8521(a).


                      SUBCHAPTER II--EX-SERVICEMEN

Sec. 8521. Definitions; application

    (a) For the purpose of this subchapter--
            (1) ``Federal service'' means active service (not 
        including active duty in a reserve status unless for a 
        continuous period of 90 days or more) in the armed 
        forces or the Commissioned Corps of the National 
        Oceanic and Atmospheric Administration if with respect 
        to that service--
                    (A) the individual was discharged or 
                released under honorable conditions (and, if an 
                officer, did not resign for the good of the 
                service); and
                    (B)(i) the individual was discharged or 
                released after completing his first full term 
                of active service which the individual 
                initially agreed to serve, or
                    (ii) the individual was discharged or 
                released before completing such term of active 
                service--
                            (I) for the convenience of the 
                        Government under an early release 
                        program,
                            (II) because of medical 
                        disqualification, pregnancy, 
                        parenthood, or any service-incurred 
                        injury or disability,
                            (III) because of hardship, or
                            (IV) because of personality 
                        disorders or inaptitude but only if the 
                        service was continuous for 365 days or 
                        more;
            (2) ``Federal wages'' means all pay and allowances, 
        in cash and in kind, for Federal service, computed on 
        the basis of the pay and allowances for the pay grade 
        of the individual at the time of his latest discharge 
        or release from Federal service as specified in the 
        schedule applicable at the time he files his first 
        claim for compensation for the benefit year. The 
        Secretary of Labor shall issue, from time to time, 
        after consultation with the Secretary of Defense, 
        schedules specifying the pay and allowances for each 
        pay grade of servicemen covered by this subchapter, 
        which reflect representative amounts for appropriate 
        elements of the pay and allowances whether in cash or 
        in kind; and
            (3) ``State'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        and the Virgin Islands.
    (b) The provisions of subchapter I of this chapter, subject 
to the modifications made by this subchapter, apply to 
individuals who have had Federal service as defined by 
subsection (a) of this section.

Sec. 8522. Assignment of Federal service and wages

    Notwithstanding section 8504 of this title, Federal service 
and Federal wages not previously assigned shall be assigned to 
the State in which the claimant first files claim for 
unemployment compensation after his latest discharge or release 
from Federal service. This assignment is deemed as assignment 
under section 8504 of this title for the purpose of this 
subchapter.

Sec. 8523. Dissemination of information

    (a) When designated by the Secretary of Labor, an agency of 
the United States shall make available to the appropriate State 
agency or to the Secretary, as the case may be, such 
information, including findings in the form and manner 
prescribed by regulations of the Secretary, as the Secretary 
considers practicable and necessary for the determination of 
the entitlement of an individual to compensation under this 
subchapter.
    (b) Subject to correction of errors and omissions as 
prescribed by regulations of the Secretary, the following are 
final and conclusive for the purpose of sections 8502(d) and 
8503(c) of this title:
            (1) Findings by an agency of the United States made 
        in accordance with subsection (a) of this section with 
        respect to--
                    (A) whether or not an individual has met 
                any condition specified by section 8521(a)(1) 
                of this title;
                    (B) the periods of Federal service; and
                    (C) the pay grade of the individual at the 
                time of his latest discharge or release from 
                Federal service.
            (2) The schedules of pay and allowances prescribed 
        by the Secretary under section 8521(a)(2) of this 
        title.

[Sec. 8524. Repealed. Pub. L. 91-373, title I, Sec. 107, Aug. 10, 1970, 
                    84 Stat. 701.]

Sec. 8525. Effect on other statutes

    [(a) Repealed. Pub. L. 90-83, Sec. 1(90), Sept. 11, 1967, 
81 Stat. 219.]
    (b) An individual is not entitled to compensation under 
this subchapter for any period with respect to which he 
receives--
            (1) a subsistence allowance under chapter 31 of 
        title 38 or under part VIII of Veterans Regulation 
        Numbered 1(a); or
            (2) an educational assistance allowance under 
        chapter 35 of title 38.

                      CHAPTER 87--LIFE INSURANCE

Sec.
8701.    Definitions.
8702.    Automatic coverage.
8703.    Benefit certificate.
8704.    Group insurance; amounts.
8705.    Death claims; order of precedence; escheat.
8706.    Termination of insurance; assignment of ownership.
8707.    Employee deductions; withholding.
8708.    Government contributions.
8709.    Insurance policies.
8710.    Reinsurance.
8711.    Basic tables of premium rates.
8712.    Annual accounting; special contingency reserve.
8713.    Effect of other statutes.
8714.    Employees' Life Insurance Fund.
8714a.   Optional insurance.
8714b.   Additional optional life insurance.
8714c.   Optional life insurance on family members.
8714d.   Option to receive ``living benefits''.
8715.    Jurisdiction of courts.
8716.    Regulations.

Sec. 8701. Definitions

    (a) For the purpose of this chapter, ``employee'' means--
            (1) an employee as defined by section 2105 of this 
        title;
            (2) a Member of Congress as defined by section 2106 
        of this title;
            (3) a Congressional employee as defined by section 
        2107 of this title;
            (4) the President;
            (5) a justice or judge of the United States 
        appointed to hold office during good behavior (i) who 
        is in regular active judicial service, or (ii) who is 
        retired from regular active service under section 
        371(b) or 372(a) of title 28, United States Code, or 
        (iii) who has resigned the judicial office under 
        section 371(a) of title 28 with the continued right 
        during the remainder of his lifetime to receive the 
        salary of the office at the time of his resignation;
            (6) an individual first employed by the government 
        of the District of Columbia before October 1, 1987;
            (7) an individual employed by Gallaudet College;
            (8) an individual employed by a county committee 
        established under section 590h(b) of title 16;
            (9) an individual appointed to a position on the 
        office staff of a former President under section 1(b) 
        of the Act of August 25, 1958 (72 Stat. 838); and
            (10) an individual appointed to a position on the 
        office staff of a former President, or a former Vice 
        President under section 4 of the Presidential 
        Transition Act of 1963, as amended (78 Stat. 153), who 
        immediately before the date of such appointment was an 
        employee as defined under any other paragraph of this 
        subsection;
but does not include--
            (A) an employee of a corporation supervised by the 
        Farm Credit Administration if private interests elect 
        or appoint a member of the board of directors;
            (B) an individual who is not a citizen or national 
        of the United States and whose permanent duty station 
        is outside the United States, unless the individual was 
        an employee for the purpose of this chapter on 
        September 30, 1979, by reason of service in an 
        Executive agency, the United States Postal Service, or 
        the Smithsonian Institution in the area which was then 
        known as the Canal Zone; or
            (C) an employee excluded by regulation of the 
        Office of Personnel Management under section 8716(b) of 
        this title.
    (b) Notwithstanding subsection (a) of this section, the 
employment of a teacher in the recess period between two school 
years in a position other than a teaching position in which he 
served immediately before the recess period does not qualify 
the individual as an employee for the purpose of this chapter. 
For the purpose of this subsection, ``teacher'' and ``teaching 
position'' have the meanings given them by section 901 of title 
20.
    (c) For the purpose of this chapter, ``basic insurance 
amount'' means, in the case of any employee under this chapter, 
an amount equal to the greater of--
            (1) the annual rate of basic pay payable to the 
        employee, rounded to the next higher multiple of 
        $1,000, plus $2,000, or
            (2) $10,000.
In the case of any former employee entitled to coverage under 
this chapter, the term means the basic insurance amount 
applicable for the employee at the time the insurance to which 
the employee is entitled as an employee under this chapter 
stops pursuant to section 8706(a) of this title.
    (d)(1) For the purpose of this chapter, ``family member'', 
when used with respect to any individual, means--
            (A) the spouse of the individual; and
            (B) an unmarried dependent child of the individual 
        (other than a stillborn child), including an adopted 
        child, stepchild or foster child (but only if the 
        stepchild or foster child lived with the individual in 
        a regular parent-child relationship), or recognized 
        natural child--
                    (i) who is less than 22 years of age, or
                    (ii) who is 22 years of age or older and is 
                incapable of self-support because of a mental 
                or physical disability which existed before the 
                child became 22 years of age.
    (2) For the purpose of this subsection, ``dependent'', in 
the case of any child, means that the individual involved was, 
at the time of the child's death, either living with or 
contributing to the support of the child, as determined in 
accordance with the regulations the Office shall prescribe.

Sec. 8702. Automatic coverage

    (a) An employee is automatically insured on the date he 
becomes eligible for insurance and each policy of insurance 
purchased by the Office of Personnel Management under this 
chapter shall provide for that automatic coverage.
    (b) An employee desiring not to be insured shall give 
written notice to his employing office on a form prescribed by 
the Office. If the notice is received before he has become 
insured, he shall not be insured. If the notice is received 
after he has become insured, his insurance stops at the end of 
the pay period in which the notice is received.
    (c) Notwithstanding a notice previously given under 
subsection (b), an employee of the Department of Defense who is 
designated as an emergency essential employee under section 
1580 of title 10 shall be insured if the employee, within 60 
days after the date of the designation, elects to be insured 
under a policy of insurance under this chapter. An election 
under the preceding sentence shall be effective when provided 
to the Office in writing, in the form prescribed by the Office, 
within such 60-day period.

Sec. 8703. Benefit certificate

    The Office of Personnel Management shall arrange to have 
each insured employee receive a certificate setting forth the 
benefits to which he is entitled, to whom the benefits are 
payable, to whom the claims shall be submitted, and summarizing 
the provisions of the policy principally affecting him. The 
certificate is issued instead of the certificate which the 
insurance company would otherwise be required to issue.

Sec. 8704. Group insurance; amounts

    (a) An employee eligible for insurance is entitled to be 
insured for an amount of group life insurance equal to--
            (1) the employee's basic insurance amount, 
        multiplied by
            (2) the appropriate factor determined on the basis 
        of the employee's age in accordance with the following 
        schedule:

    If the age of the                                    The appropriate
      employee is:                                        factor is:    
        35 or under........................................... 2.0      
        36.................................................... 1.9      
        37.................................................... 1.8      
        38.................................................... 1.7      
        39.................................................... 1.6      
        40.................................................... 1.5      
        41.................................................... 1.4      
        42.................................................... 1.3      
        43.................................................... 1.2      
        44.................................................... 1.1      
        45 or over............................................ 1.0      

    (b) An employee eligible for insurance is entitled to be 
insured for group accidental death and dismemberment insurance 
in accordance with this subsection. Subject to the conditions 
and limitations approved by the Office of Personnel Management 
which are contained in the policy purchased by the Office, the 
group accidental death and dismemberment insurance provides 
payment as follows:
                  Lo            Amount payable
  For loss of life..Full amount of the employee's basic insurance ......
                    amount.
  Loss of one hand oOne-half the amount of the employee's basic ........
                    insurance amount.
  Loss of two or morFull amount of the employee's basic insurance ......
                    amount.

For any one accident the aggregate amount of group accidental 
death and dismemberment insurance that may be paid may not 
exceed an amount equal to the employee's basic insurance 
amount.
    (c) The Office shall prescribe regulations providing for 
the conversion of other than annual rates of pay to annual 
rates of pay and shall specify the types of pay included in 
annual pay. For the purpose of this chapter, ``annual pay'' 
includes--
            (1) premium pay under section 5545(c)(1) of this 
        title; and
            (2) with respect to a law enforcement officer as 
        defined in section 8331(20) or 8401(17) of this title, 
        premium pay under section 5545(c)(2) of this title.
    (d) In determining the amount of insurance to which an 
employee is entitled--
            (1) a change in rate of pay under subchapter VI of 
        chapter 53 of this title is deemed effective as of the 
        first day of the pay period after the pay period in 
        which the payroll change is approved; and
            (2) a change in rate of pay under section 5344 or 
        5349 of this title is deemed effective as of the date 
        of issuance of the order granting the increase or the 
        effective date of the increase, whichever is later, 
        except, that in the case of an employee who dies or 
        retires during the period beginning on the effective 
        date of the increase and ending on the date of the 
        issuance of the order granting the increase, a change 
        in rate of pay under either of such sections shall be 
        deemed as having been in effect for such employee 
        during that period.

Sec. 8705. Death claims; order of precedence; escheat

    (a) Except as provided in subsection (e), the amount of 
group life insurance and group accidental death insurance in 
force on an employee at the date of his death shall be paid, on 
the establishment of a valid claim, to the person or persons 
surviving at the date of his death, in the following order of 
precedence:
            First, to the beneficiary or beneficiaries 
        designated by the employee in a signed and witnessed 
        writing received before death in the employing office 
        or, if insured because of receipt of annuity or of 
        benefits under subchapter I of chapter 81 of this title 
        as provided by section 8706(b) of this title, in the 
        Office of Personnel Management. For this purpose, a 
        designation, change, or cancellation of beneficiary in 
        a will or other document not so executed and filed has 
        no force or effect.
            Second, if there is no designated beneficiary, to 
        the widow or widower of the employee.
            Third, if none of the above, to the child or 
        children of the employee and descendants of deceased 
        children by representation.
            Fourth, if none of the above, to the parents of the 
        employee or the survivor of them.
            Fifth, if none of the above, to the duly appointed 
        executor or administrator of the estate of the 
        employee.
            Sixth, if none of the above, to other next of kin 
        of the employee entitled under the laws of the domicile 
        of the employee at the date of his death.
    (b) If, within 1 year after the death of the employee, no 
claim for payment has been filed by a person entitled under the 
order of precedence named by subsection (a) of this section, or 
if payment to the person within that period is prohibited by 
Federal statute or regulation, payment may be made in the order 
of precedence as if the person had predeceased the employee, 
and the payment bars recovery by any other person.
    (c) If, within 2 years after the death of the employee, no 
claim for payment has been filed by a person entitled under the 
order of precedence named by subsection (a) of this section, 
and neither the Office nor the administrative office 
established by the company concerned pursuant to section 
8709(b) of this title has received notice that such a claim 
will be made, payment may be made to the claimant who in the 
judgment of the Office is equitably entitled thereto, and the 
payment bars recovery by any other person.
    (d) If, within 4 years after the death of the employee, 
payment has not been made under this section and no claim for 
payment by a person entitled under this section is pending, the 
amount payable escheats to the credit of the Employees' Life 
Insurance Fund.
    (e)(1) Any amount which would otherwise be paid to a person 
determined under the order of precedence named by subsection 
(a) shall be paid (in whole or in part) by the Office to 
another person if and to the extent expressly provided for in 
the terms of any court decree of divorce, annulment, or legal 
separation, or the terms of any court order or court-approved 
property settlement agreement incident to any court decree of 
divorce, annulment, or legal separation.
    (2) For purposes of this subsection, a decree, order, or 
agreement referred to in paragraph (1) shall not be effective 
unless it is received, before the date of the covered 
employee's death, by the employing agency or, if the employee 
has separated from service, by the Office.
    (3) A designation under this subsection with respect to any 
person may not be changed except--
            (A) with the written consent of such person, if 
        received as described in paragraph (2); or
            (B) by modification of the decree, order, or 
        agreement, as the case may be, if received as described 
        in paragraph (2).
    (4) The Office shall prescribe any regulations necessary to 
carry out this subsection, including regulations for the 
application of this subsection in the event that two or more 
decrees, orders, or agreements, are received with respect to 
the same amount.

Sec. 8706. Termination of insurance; assignment of ownership

    (a) A policy purchased under this chapter shall contain a 
provision, approved by the Office of Personnel Management, to 
the effect that insurance of an employee stops on his 
separation from the service or 12 months after discontinuance 
of his pay, whichever is earlier, subject to a provision for 
temporary extension of life insurance coverage and for 
conversion to an individual policy of life insurance under 
conditions approved by the Office. Justices and judges of the 
United States described in section 8701(a)(5) (ii) and (iii) of 
this chapter are deemed to continue in active employment for 
purposes of this chapter.
    (b)(1) In the case of any employee who retires on an 
immediate annuity and has been insured under this chapter 
throughout--
            (A) the 5 years of service immediately preceding 
        the date of the employee's retirement, or
            (B) the full period or periods of service during 
        which the employee was entitled to be insured, if fewer 
        than 5 years,
life insurance, without accidental death and dismemberment 
insurance, may be continued, under conditions determined by the 
Office.
    (2) In the case of any employee who becomes entitled to 
receive compensation under subchapter I of chapter 81 of this 
title because of disease or injury to the employee and has been 
insured under this chapter throughout--
            (A) the 5 years of service immediately preceding 
        the date the employee becomes entitled to compensation, 
        or
            (B) the full period or periods of service during 
        which the employee was entitled to be insured, if fewer 
        than 5 years,
life insurance, without accidental death and dismemberment 
insurance, may be continued, under conditions determined by the 
Office, during the period the employee is receiving 
compensation and is held by the Secretary of Labor or the 
Secretary's delegate to be unable to return to duty.
    (3) The amount of life insurance continued under paragraph 
(1) or (2) of this subsection shall be continued, with or 
without reduction, at the end of each full calendar month after 
the date the employee becomes 65 years of age and is retired or 
is receiving compensation for disease or injury, in accordance 
with the employee's written election at the time eligibility to 
continue insurance during retirement or receipt of compensation 
arises, as follows:
            (A) the employee may elect to have the deductions 
        required by section 8707 of this title withheld from 
        annuity or compensation, and the employee's life 
        insurance shall be reduced each month by 2 percent of 
        the face value until 25 percent of the amount of life 
        insurance in force before the first reduction remains; 
        or
            (B) in addition to any deductions which would be 
        required if the insurance were continued as provided 
        under subparagraph (A) of this paragraph, the employee 
        may elect continuous withholdings from annuity or 
        compensation in amounts determined by the Office, and 
        the employee's life insurance coverage shall be either 
        continued without reduction or reduced each month by no 
        more than 1 percent of its face value until no less 
        than 50 percent of the amount of insurance in force 
        before the first reduction remains.
    (4) If an employee elects to continue insurance under 
subparagraph (B) of paragraph (3) of this subsection at the 
time eligibility to continue insurance during retirement or 
receipt of compensation for disease or injury arises, the 
individual may later cancel that election and life insurance 
coverage shall continue as if the individual had originally 
elected coverage under subparagraph (A) of paragraph (3) of 
this subsection.
    (c) Notwithstanding subsections (a) and (b) of this 
section, an employee who enters on approved leave without pay 
to serve as a full-time officer or employee of an organization 
composed primarily of employees as defined by section 8701(a) 
of this title, within 60 days after entering on that leave 
without pay, may elect to continue his insurance and arrange to 
pay currently into the Employees' Life Insurance Fund, through 
his employing agency, both employee and agency contributions 
from the beginning of leave without pay. The employing agency 
shall forward the premium payments to the Fund. If the employee 
does not so elect, his insurance will continue during nonpay 
status and stop as provided by subsection (a) of this section.
    (d) If the insurance of an employee stops because of 
separation from the service or suspension without pay, and the 
separation or suspension is thereafter officially found to have 
been erroneous, the employee is deemed to have been insured 
during the period of erroneous separation or suspension. 
Deductions otherwise required by section 8707 of this chapter 
shall not be withheld from any backpay awarded for the period 
of separation or suspension unless death or accidental 
dismemberment of the employee occurs during such period.
    (e)(1) Under regulations prescribed by the Office, each 
policy purchased under this chapter shall provide that an 
insured employee or former employee may make an irrevocable 
assignment of the employee's or former employee's incidents of 
ownership in the policy.
    (2) A court decree of divorce, annulment, or legal 
separation, or the terms of a court-approved property 
settlement agreement incident to any court decree of divorce, 
annulment, or legal separation, may direct that an insured 
employee or former employee make an irrevocable assignment of 
the employee's or former employee's incidents of ownership in 
insurance under this chapter (if there is no previous 
assignment) to the person specified in the court order or 
court-approved property settlement agreement.
    (f) If the insurance of a former employee receiving a 
disability annuity under section 8337 of this title stops 
because of the termination of such annuity, and such annuity is 
thereafter restored under the second or third sentence of 
subsection (e) of such section, such former employee may, under 
regulations prescribed by the Office, elect to resume the 
insurance coverage which was so stopped.
    (g) The insurance of an employee under a policy purchased 
under section 8709 shall not be invalidated based on a finding 
that the employee erroneously became insured, or erroneously 
continued insurance upon retirement or entitlement to 
compensation under subchapter I of chapter 81 of this title, if 
such finding occurs after the erroneous insurance and 
applicable withholdings have been in force for 2 years during 
the employee's lifetime.

Sec. 8707. Employee deductions; withholding

    (a) Subject to subsection (c)(2), during each period in 
which an employee is insured under a policy purchased by the 
Office of Personnel Management under section 8709 of this 
title, there shall be withheld from the employee's pay a share 
of the cost of the group life insurance and accidental death 
and dismemberment insurance.
    (b)(1) Subject to subsection (c)(2), whenever life 
insurance continues after an employee retires on an immediate 
annuity or while the employee is receiving compensation under 
subchapter I of chapter 81 of this title because of disease or 
injury to the employee, as provided in section 8706(b) of this 
title, deductions for insurance shall be withheld from the 
employee's annuity or compensation, except that, in any case in 
which the insurance is continued as provided in section 
8706(b)(3)(A) of this title, the deductions shall not be made 
for months after the calendar month in which the employee 
becomes 65 years of age.
    (2) Notwithstanding paragraph (1) of this subsection, 
insurance shall be so continued without cost (other than as 
provided under section 8706(b)(3)(B)) to each employee who so 
retires, or commences receiving compensation, on or before 
December 31, 1989.
    (c)(1) The amount withheld from the pay, annuity, or 
compensation of each employee subject to insurance deductions 
shall be at the rate, adjusted to the nearest half-cent, of 
66\2/3\ percent of the level cost as determined by the Office 
for each $1,000 of the employee's basic insurance amount.
    (2) An employee who is subject to withholdings under this 
section and whose pay, annuity, or compensation is insufficient 
to cover such withholdings may nevertheless continue insurance 
if the employee arranges to pay currently into the Employees' 
Life Insurance Fund, through the agency or retirement system 
that administers pay, annuity, or compensation, an amount equal 
to the withholdings that would otherwise be required under this 
section.
    (d) If an agency fails to withhold the proper amount of 
life insurance deductions from an individual's salary, 
compensation, or retirement annuity, the collection of unpaid 
deductions may be waived by the agency if, in the judgment of 
the agency, the individual is without fault and recovery would 
be against equity and good conscience. However, if the agency 
so waives the collection of unpaid deductions, the agency shall 
submit an amount equal to the sum of the uncollected deductions 
and related agency contributions required under section 8708 of 
this title to the Office for deposit to the Employees' Life 
Insurance Fund.

Sec. 8708. Government contributions

    (a) For each period in which an employee is insured under a 
policy of insurance purchased by the Office of Personnel 
Management under section 8709 of this title, a sum equal to 
one-half the amount which is withheld from the pay of the 
employee under section 8707 of this title shall be contributed 
from the appropriation or fund which is used to pay him.
    (b) When an employee is paid by the Chief Administrative 
Officer of the House of Representatives, the Chief 
Administrative Officer may contribute the sum required by 
subsection (a) of this section from the applicable accounts of 
the House of Representatives.
    (c) When the employee is an elected official, the sum 
required by subsection (a) of this section is contributed from 
an appropriation or fund available for payment of other 
salaries of the same office or establishment.
    (d)(1) Except as otherwise provided in this subsection, for 
each period in which an employee continues life insurance after 
retirement or while in receipt of compensation under subchapter 
I of chapter 81 of this title because of disease or injury to 
the employee, as provided under section 8706(b) of this title, 
a sum equal to one-half of the amount which is withheld from 
the employee's annuity or compensation under section 8707 of 
this title shall be contributed by the Office from annual 
appropriations which are authorized to be made for that purpose 
and which may be made available until expended.
    (2) Contributions under this subsection--
            (A) shall not be made other than with respect to 
        individuals who retire, or commence receiving 
        compensation, after December 31, 1989;
            (B) shall not be made with respect to any 
        individual for months after the calendar month in which 
        such individual becomes 65 years of age; and
            (C) shall, in the case of any individual who elects 
        coverage under subparagraph (B) of section 8706(b)(3) 
        of this title, be equal to the amount which would apply 
        under this subsection if such individual had instead 
        elected coverage under subparagraph (A) of such 
        section.
    (3) The United States Postal Service shall pay the 
contributions required under this subsection with respect to 
any individual who--
            (A) first becomes an annuitant by reason or 
        retirement from employment with the United States 
        Postal Service after December 31, 1989; or
            (B) commences receiving compensation under 
        subchapter I of chapter 81 of this title (because of 
        disease or injury to the individual) after December 31, 
        1989, if the position last held by the individual 
        before commencing to receive such compensation was 
        within the United States Postal Service.

Sec. 8709. Insurance policies

    (a) The Office of Personnel Management, without regard to 
section 5 of title 41, may purchase from one or more life 
insurance companies a policy or policies of group life and 
accidental death and dismemberment insurance to provide the 
benefits specified by this chapter. A company must meet the 
following requirements:
            (1) It must be licensed to transact life and 
        accidental death and dismemberment insurance under the 
        laws of 48 of the States and the District of Columbia.
            (2) It must have in effect, on the most recent 
        December 31 for which information is available to the 
        Office, an amount of employee group life insurance 
        equal to at least 1 percent of the total amount of 
        employee group life insurance in the United States in 
        all life insurance companies.
    (b) A company issuing a policy under subsection (a) of this 
section shall establish an administrative office under a name 
approved by the Office.
    (c) The Office at any time may discontinue a policy 
purchased from a company under subsection (a) of this section.
    (d)(1) The provisions of any contract under this chapter 
which relate to the nature or extent of coverage or benefits 
(including payments with respect to benefits) shall supersede 
and preempt any law of any State or political subdivision 
thereof, or any regulation issued thereunder, which relates to 
group life insurance to the extent that the law or regulation 
is inconsistent with the contractual provisions.
    (2) For the purpose of this section, ``State'' means a 
State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, and a territory or possession of 
the United States.

Sec. 8710. Reinsurance

    (a) The Office of Personnel Management shall arrange with a 
company issuing a policy under this chapter for the 
reinsurance, under conditions approved by the Office, of 
portions of the total amount of insurance under the policy, 
determined under this section, with other life insurance 
companies which elect to participate in the reinsurance.
    (b) The Office shall determine for and in advance of a 
policy year which companies are eligible to participate as 
reinsurers and the amount of insurance under a policy which is 
to be allocated to the issuing company and to reinsurers. The 
Office shall make this determination at least every 3 years and 
when a participating company withdraws.
    (c) The Office shall establish a formula under which the 
amount of insurance retained by an issuing company after ceding 
reinsurance, and the amount of reinsurance ceded to each 
reinsurer, is in proportion to the total amount of each 
company's group life insurance, excluding insurance purchased 
under this chapter, in force in the United States on the 
determination date, which is the most recent December 31 for 
which information is available to the Office. In determining 
the proportions, the portion of a company's group life 
insurance in force on the determination date in excess of 
$100,000,000 shall be reduced by--
            (1) 25 percent of the first $100,000,000 of the 
        excess;
            (2) 50 percent of the second $100,000,000 of the 
        excess;
            (3) 75 percent of the third $100,000,000 of the 
        excess; and
            (4) 95 percent of the remaining excess.
However, the amount retained by or ceded to a company may not 
exceed 25 percent of the amount of the company's total life 
insurance in force in the United States on the determination 
date.
    (d) A fraternal benefit association which is--
            (1) licensed to transact life insurance under the 
        laws of a State or the District of Columbia; and
            (2) engaged in issuing insurance certificates on 
        the lives of employees of the United States 
        exclusively;
is eligible to act as a reinsuring company and may be allocated 
an amount of reinsurance equal to 25 percent of its total life 
insurance in force on employees of the United States on the 
determination date named by subsection (c) of this section.
    (e) An issuing company or reinsurer is entitled, as a 
minimum, to be allocated an amount of insurance under the 
policy equal to any reduction from December 31, 1953, to the 
determination date, in the amount of the company's group life 
insurance under policies issued to associations of employees of 
the United States. However, any increase under this subsection 
in the amount allocated is reduced by the amount in force on 
the determination date of any policy covering life insurance 
agreements assumed by the Office.
    (f) The Office may modify the computations under this 
section as necessary to carry out the intent of this section.

Sec. 8711. Basic tables of premium rates

    (a) A policy purchased under this chapter shall include, 
for the first policy year, basic tables of premium rates as 
follows:
            (1) For group life insurance, a schedule of basic 
        premium rates by age which the Office of Personnel 
        Management determines to be consistent with the lowest 
        schedule of basic premium rates generally charged for 
        new group life insurance policies issued to large 
        employers.
            (2) For group accidental death and dismemberment 
        insurance, a basic premium rate which the Office 
        determines is consistent with the lowest rate generally 
        charged for new group accidental death and 
        dismemberment policies issued to large employers.
The schedule for group life insurance, except as otherwise 
provided by this section, shall be applied to the distribution 
by age of the amounts of group life insurance under the policy 
at its date of issuance to determine an average basic premium 
rate per $1,000 of life insurance.
    (b) The policy shall provide that the basic premium rates 
determined for the first policy year continue for later policy 
years except as readjusted for a later year based on experience 
under the policy. The company issuing the policy may make the 
readjustment on a basis that the Office determines in advance 
of the policy year is consistent with the general practice of 
life insurance companies under policies of group life and group 
accidental death and dismemberment insurance issued to large 
employers.
    (c) The policy shall provide that if the Office determines 
that ascertaining the actual age distribution of the amounts of 
group life insurance in force at the date of issue of the 
policy or at the end of the first or any later year of 
insurance thereunder would not be possible except at a 
disproportionately high expense, the Office may approve the 
determination of a tentative average group life premium rate, 
for the first or any later policy year, instead of using the 
actual age distribution. The Office, on request by the company 
issuing the policy, shall redetermine the tentative average 
premium rate during any policy year, if experience indicates 
that the assumptions made in determining that rate were 
incorrect for that year.
    (d) The policy shall stipulate the maximum expense and risk 
charges for the first policy year. The Office shall determine 
these charges on a basis consistent with the general level of 
charges made by life insurance companies under policies of 
group life and accidental death and dismemberment insurance 
issued to large employers. The maximum charges continue from 
year to year, except that the Office may redetermine them for 
any year either by agreement with the company issuing the 
policy or on written notice given to the company at least 1 
year before the beginning of the year for which the 
redetermined maximum charges will be effective.

Sec. 8712. Annual accounting; special contingency reserve

    A policy purchased under this chapter shall provide for an 
accounting to the Office of Personnel Management not later than 
90 days after the end of each policy year. The accounting shall 
set forth, in a form approved by the Office--
            (1) the amounts of premiums actually accrued under 
        the policy from its date of issue to the end of the 
        policy year;
            (2) the total of all mortality and other claim 
        charges incurred for that period; and
            (3) the amounts of the insurers' expense and risk 
        charges for that period.
An excess of the total of paragraph (1) of this section over 
the sum of paragraphs (2) and (3) of this section shall be held 
by the company issuing the policy as a special contingency 
reserve to be used by the company only for charges under the 
policy. The reserve shall bear interest at a rate determined in 
advance of each policy year by the company and approved by the 
Office as being consistent with the rate generally used by the 
company for similar funds held under other group life insurance 
policies. When the Office determines that the special 
contingency reserve has attained an amount estimated by it to 
make satisfactory provision for adverse fluctuations in future 
charges under the policy, any further excess shall be deposited 
in the Treasury of the United States to the credit of the 
Employees' Life Insurance Fund. When a policy is discontinued, 
any balance remaining in the special contingency reserve after 
all charges have been made shall be deposited in the Treasury 
to the credit of the Fund. The company may make the deposit in 
equal monthly installments over a period of not more than 2 
years.

Sec. 8713. Effect of other statutes

    Any provision of law outside of this chapter which provides 
coverage or any other benefit under this chapter to any 
individuals who (based on their being employed by an entity 
other than the Government) would not otherwise be eligible for 
any such coverage or benefit shall not apply with respect to 
any individual appointed, transferred, or otherwise commencing 
that type of employment on or after October 1, 1988.

Sec. 8714. Employees' Life Insurance Fund

    (a) The amounts withheld from employees under section 8707 
of this title and the sums contributed from appropriations and 
funds under section 8708 of this title shall be deposited in 
the Treasury of the United States to the credit of the 
Employees' Life Insurance Fund. The Fund is available without 
fiscal year limitation for--
            (1) premium payments under an insurance policy 
        purchased under this chapter; and
            (2) expenses incurred by the Office of Personnel 
        Management in the administration of this chapter within 
        the limitations that may be specified annually by 
        appropriation acts.
    (b) The Secretary of the Treasury may invest and reinvest 
any of the money in the Fund in interest-bearing obligations of 
the United States, and may sell these obligations for the 
purposes of the Fund. The interest on and the proceeds from the 
sale of these obligations, and the income derived from dividend 
or premium rate adjustments from insurers, become a part of the 
Fund.
    (c)(1) No tax, fee, or other monetary payment may be 
imposed or collected by any State, the District of Columbia, or 
the Commonwealth of Puerto Rico, or by any political 
subdivision or other governmental authority thereof, on, or 
with respect to, any premium paid under an insurance policy 
purchased under this chapter.
    (2) Paragraph (1) of this subsection shall not be construed 
to exempt any company issuing a policy of insurance under this 
chapter from the imposition, payment, or collection of a tax, 
fee, or other monetary payment on the net income or profit 
accruing to or realized by that company from business conducted 
under this chapter, if that tax, fee, or payment is applicable 
to a broad range of business activity.

Sec. 8714a. Optional insurance

    (a) Under the conditions, directives, and terms specified 
in sections 8709-8712 of this title, the Office of Personnel 
Management, without regard to section 5 of title 41, may 
purchase a policy which shall make available to each insured 
employee equal amounts of optional life insurance and 
accidental death and dismemberment insurance in addition to the 
amounts provided in section 8704(a) of this title.
    (b) The optional life insurance and accidental death and 
dismemberment insurance shall be made available to each insured 
employee under such conditions as the Office shall prescribe 
and in amounts approved by the Office but not more than the 
greater of $10,000 or an amount which, when added to the amount 
provided in section 8704(a) of this title, makes the sum of his 
insurance equal to his annual pay.
    (c)(1) Except as otherwise provided in this subsection, the 
optional insurance on an employee stops on his separation from 
service or 12 months after discontinuance of his pay, whichever 
is earlier, subject to a provision for temporary extension of 
life insurance coverage and for conversion to an individual 
policy of life insurance under conditions approved by the 
Office.\1\
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    \1\ Effective June 19, 1986, section 7(1) of P.L. 99-336 struck out 
section 206 and inserted a new 206 to the ``Bankruptcy Amendments and 
Federal Judgeship Act of 1984''. The new section 206 amends section 
8714a(c)(1) of title 5, U.S.C. by inserting after the first sentence 
the following new sentence: ``Justices and judges of the United States 
described in section 8701(a)(5) (ii) and (iii) of this chapter are 
deemed to continue in active employment for purposes of this 
chapter.''. Effective January 1, 1987, section 207(k)(3) of P.L. 99-335 
strikes subsection (c)(1) and inserts a new subsection (c)(1). As a 
result, the sentence as added by 7(1) of P.L. 99-336 should probably be 
added to subsection (c)(1) as amended by 207(k)(3) of P.L. 99-335.
---------------------------------------------------------------------------
    (2)(A) In the case of any employee who retires on an 
immediate annuity and has been insured under this section 
throughout--
            (i) the 5 years of service immediately preceding 
        the date of such retirement, or
            (ii) the full period or periods of service during 
        which the employee was entitled to be insured, if less 
        than 5 years,
the amount of optional life insurance only which has been in 
force throughout such period may be continued, under conditions 
determined by the Office.
    (B) In the case of any employee who becomes entitled to 
receive compensation under subchapter I of chapter 81 of this 
title because of disease or injury to the employee and has been 
insured under this section throughout--
            (i) the 5 years of service immediately preceding 
        the date such employee becomes entitled to such 
        compensation, or
            (ii) the full period or periods of service during 
        which the employee was entitled to be insured, if less 
        than 5 years,
the amount of optional life insurance only which has been in 
force throughout such period may be continued, under conditions 
determined by the Office, during the period the employee is 
receiving such compensation for disease or injury and is held 
by the Secretary of Labor or his delegate to be unable to 
return to duty.
    (C) The amount of optional life insurance continued under 
subparagraph (A) or subparagraph (B) of this paragraph shall be 
reduced by 2 percent at the end of each full calendar month 
after the date the employee becomes 65 years of age and is 
retired or is receiving compensation for disease or injury. The 
Office shall prescribe minimum amounts, not less than 25 
percent of the amount of life insurance in force before the 
first reduction, to which the insurance may be reduced.
    (3) Notwithstanding paragraph (c)(1) of this section, \1\ a 
justice or judge of the United States as defined by section 
8701(a)(5) of this title who resigns his office without meeting 
the requirements of section 371(a) of title 28, United States 
Code, for continuation of the judicial salary shall have the 
right to convert regular optional life insurance coverage 
issued under this section during his judicial service to an 
individual policy of life insurance under the same conditions 
approved by the Office governing conversion of basic life 
insurance coverage for employees eligible as provided in 
section 8706(a) of this title.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``paragraph (1) of this 
subsection,''.
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    (d)(1) During each period in which an employee has the 
optional insurance the full cost thereof shall be withheld from 
his pay. During each period in which an employee continues 
optional life insurance after retirement or while in receipt of 
compensation for work injuries, as provided in section 8706(b) 
of this title, the full cost thereof shall be withheld from his 
annuity or compensation, except that, at the end of the 
calendar month in which he becomes 65 years of age, the 
optional life insurance shall be without cost to him. Amounts 
so withheld shall be deposited, used, and invested as provided 
in section 8714 of this title and shall be reported and 
accounted for separately from amounts withheld and contributed 
under sections 8707 and 8708 of this title.
    (2) If an agency fails to withhold the proper cost of 
optional insurance from an individual's salary, compensation, 
or retirement annuity, the collection of amounts properly due 
may be waived by the agency if, in the judgment of the agency, 
the individual is without fault and recovery would be against 
equity and good conscience. However, if the agency so waives 
the collection of any unpaid amount, the agency shall submit an 
amount equal to the uncollected amount to the Office for 
deposit to the Employees' Life Insurance Fund.
    (3) Notwithstanding paragraph (1), an employee who is 
subject to withholdings under this subsection and whose pay, 
annuity, or compensation is insufficient to cover such 
withholdings may nevertheless continue optional insurance if 
the employee arranges to pay currently into the Employees' Life 
Insurance Fund, through the agency or retirement system which 
administers pay, annuity, or compensation, an amount equal to 
the withholdings that would otherwise be required under this 
subsection.
    (e) The cost of the optional insurance shall be determined 
from time to time by the Office on the basis of such age groups 
as it considers appropriate.
    (f) The amount of optional life, or life and accidental 
death, insurance in force on an employee at the date of his 
death shall be paid as provided in section 8705 of this title.

Sec. 8714b. Additional optional life insurance

    (a) Under the conditions, directives, and terms specified 
in sections 8709 through 8712 of this title, the Office of 
Personnel Management, without regard to section 5 of title 41, 
may purchase a policy which shall make available to each 
employee insured under section 8702 of this title amounts of 
additional optional life insurance (without accidental death 
and dismemberment insurance). An employee may elect coverage 
under this section without regard to whether the employee has 
elected coverage under optional insurance available under 
section 8714a of this title.
    (b) The additional optional insurance provided under this 
section shall be made available to each eligible employee who 
has elected coverage under this section, under conditions the 
Office shall prescribe, in multiples, at the employee's 
election, of 1, 2, 3, 4, or 5 times the annual rate of basic 
pay payable to the employee (rounded to the next higher 
multiple of $1,000). An employee may reduce or stop coverage 
elected pursuant to this section at any time.
    (c)(1) Except as otherwise provided in this subsection, the 
additional optional insurance elected by an employee pursuant 
to this section shall stop on separation for service or 12 
months after discontinuance of his pay, whichever is earlier, 
subject to a provision for temporary extension of life 
insurance coverage and for conversion to an individual policy 
of life insurance under conditions approved by the Office. 
Justices and judges of the United States described in section 
8701(a)(5) (ii) and (iii) of this chapter are deemed to 
continue in active employment for purposes of this chapter. A 
justice or judge of the United States as defined by section 
8701(a)(5) of this title who resigns his office without meeting 
the requirements of section 371(a) of title 28, United States 
Code, for continuation of the judicial salary shall have the 
right to convert additional optional life insurance coverage 
issued under this section during his judicial service to an 
individual policy of life insurance under the same conditions 
approved by the Office governing conversion of basic life 
insurance coverage for employees eligible as provided in 
section 8706(a) of this title.
    (2) In the case of any employee who retires on an immediate 
annuity or who becomes entitled to receive compensation under 
subchapter I of chapter 81 of this title because of disease or 
injury to the employee, so much of the additional optional 
insurance as has been in force for not less than--
            (A) the 5 years of service immediately preceding 
        the date of retirement or entitlement to compensation, 
        or
            (B) the full period or periods of service during 
        which the insurance was available to the employee, if 
        fewer than 5 years,
may be continued under conditions determined by the Office 
after retirement or while the employee is receiving 
compensation under subchapter I of chapter 81 of this title and 
is held by the Secretary of Labor (or the Secretary's delegate) 
to be unable to return to duty.\1\
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    \1\ Section 7(a)(1) of the Federal Employees Life Insurance 
Improvement Act (P.L. 105-311) repealed the last two sentences in 
paragraph (2) and added new paragraphs (3) through (5). Section 
11(e)(1) of such Act provides the following effective date:

          ``(1) In general.--Section 7 shall take effect on the first 
        day of the first pay period that begins on or after the 180th 
        day following the date of enactment of this Act [Oct. 30, 
        1998], or on any earlier date that the Office of Personnel 
        Management may prescribe that is at least 60 days after the 
---------------------------------------------------------------------------
        date of enactment of this Act.''

    The last two sentences of paragraph (2) which remain in effect 
until that effective date read as follows: ``The amount of insurance 
continued under this paragraph shall be reduced each month by 2 percent 
effective at the beginning of the second calendar month after the date 
the employee becomes 65 years of age and is retired or is in receipt of 
compensation. The reduction shall continue for 50 months at which time 
the insurance stops.''.
---------------------------------------------------------------------------
    (3) The amount of additional optional insurance continued 
under paragraph (2) shall be continued, with or without 
reduction, in accordance with the employee's written election 
at the time eligibility to continue insurance during retirement 
or receipt of compensation arises, as follows:
            (A) The employee may elect to have withholdings 
        cease in accordance with subsection (d), in which 
        case--
                    (i) the amount of additional optional 
                insurance continued under paragraph (2) shall 
                be reduced each month by 2 percent effective at 
                the beginning of the second calendar month 
                after the date the employee becomes 65 years of 
                age and is retired or is in receipt of 
                compensation; and
                    (ii) the reduction under clause (i) shall 
                continue for 50 months at which time the 
                insurance shall stop.
            (B) The employee may, instead of the option under 
        subparagraph (A), elect to have the full cost of 
        additional optional insurance continue to be withheld 
        from such employee's annuity or compensation on and 
        after the date such withholdings would otherwise cease 
        pursuant to an election under subparagraph (A), in 
        which case the amount of additional optional insurance 
        continued under paragraph (2) shall not be reduced, 
        subject to paragraph (4).
            (C) An employee who does not make any election 
        under the preceding provisions of this paragraph shall 
        be treated as if such employee had made an election 
        under subparagraph (A).
    (4) If an employee makes an election under paragraph 
(3)(B), that individual may subsequently cancel such election, 
in which case additional optional insurance shall be determined 
as if the individual had originally made an election under 
paragraph (3)(A).
    (5)(A) An employee whose additional optional insurance 
under this section would otherwise stop in accordance with 
paragraph (1) and who is not eligible to continue insurance 
under paragraph (2) may elect, under conditions prescribed by 
the Office of Personnel Management, to continue all or a 
portion of so much of the additional optional insurance as has 
been in force for not less than--
            (i) the 5 years of service immediately preceding 
        the date of the event which would cause insurance to 
        stop under paragraph (1); or
            (ii) the full period or periods of service during 
        which the insurance was available to the employee, if 
        fewer than 5 years,
at group rates established for purposes of this section, in 
lieu of conversion to an individual policy. The amount of 
insurance continued under this paragraph shall be reduced by 50 
percent effective at the beginning of the second calendar month 
after the date the employee or former employee attains age 70 
and shall stop at the beginning of the second calendar month 
after attainment of age 80, subject to a provision for 
temporary extension of life insurance coverage and for 
conversion to an individual policy of life insurance under 
conditions approved by the Office. Alternatively, insurance 
continued under this paragraph may be reduced or stopped at any 
time the employee or former employee elects.
    (B) When an employee or former employee elects to continue 
additional optional insurance under this paragraph following 
separation from service or 12 months without pay, the insured 
individual shall submit timely payment of the full cost 
thereof, plus any amount the Office determines necessary to 
cover associated administrative expenses, in such manner as the 
Office shall prescribe by regulation. Amounts required under 
this subparagraph shall be deposited, used, and invested as 
provided under section 8714 and shall be reported and accounted 
for together with amounts withheld under section 8714a(d).
    (C)(i) Subject to clause (ii), no election to continue 
additional optional insurance may be made under this paragraph 
3 years after the effective date of this paragraph.
    (ii) On and after the date on which an election may not be 
made under clause (i), all additional optional insurance under 
this paragraph for former employees shall terminate, subject to 
a provision for temporary extension of life insurance coverage 
and for conversion to an individual policy of life insurance 
under conditions approved by the Office.
    (d)(1) During each period in which the additional optional 
insurance is in force on an employee the full cost thereof 
shall be withheld from the employee's pay. During each period 
in which an employee continues additional optional insurance 
after retirement or while in receipt of compensation under 
subchapter I of chapter 81 of this title because of disease or 
injury to the employee, as provided in subsection (c) of this 
section, the full cost thereof shall be withheld from the 
former employee's annuity or compensation, except that, if 
insurance is continued as provided under subsection 
(c)(3)(A),\1\ beginning at the end of the calendar month in 
which the former employee becomes 65 years of age, the 
additional optional life insurance shall be without cost to the 
former employee. Amounts so withheld (and any amounts withheld 
as provided in subsection (c)(3)(B)) \2\ shall be deposited, 
used, and invested as provided in section 8714 of this title 
and shall be reported and accounted for together with amounts 
withheld under section 8714a(d) of this title.
---------------------------------------------------------------------------
    \1\ Section 7(a)(2) of the Federal Employees Life Insurance 
Improvement Act (P.L. 105-311) inserted ``, if insurance is continued'' 
through ``subsection (c)(3)(A),'' after ``except that,''. For effective 
date see footnote to subsection (a)(2).
    \2\ Section 7(c) of the Federal Employees Life Insurance 
Improvement Act (P.L. 105-311) inserted ``(and any amounts'' through 
``subsection (c)(3)(B))'' after ``Amounts so withheld''. For effective 
date see footnote to subsection (a)(2).
---------------------------------------------------------------------------
    (2) If an agency fails to withhold the proper cost of 
additional optional insurance from an individual's salary, 
compensation, or retirement annuity, the collection of amounts 
properly due may be waived by the agency if, in the judgment of 
the agency, the individual is without fault and recovery would 
be against equity and good conscience. However, if the agency 
so waives the collection of any unpaid amount, the agency shall 
submit an amount equal to the uncollected amount to the Office 
for deposit to the Employees' Life Insurance Fund.
    (3) Notwithstanding paragraph (1), an employee who is 
subject to withholdings under this subsection and whose pay, 
annuity, or compensation is insufficient to cover such 
withholdings may nevertheless continue additional optional 
insurance if the employee arranges to pay currently into the 
Employees' Life Insurance Fund, through the agency or 
retirement system which administers pay, annuity, or 
compensation, an amount equal to the withholdings that would 
otherwise be required under this subsection.
    (e) The cost of the additional optional insurance shall be 
determined from time to time by the Office on the basis of the 
employee's age relative to such age groups as the Office 
establishes under section 8714a(e) of this title.
    (f) The amount of additional optional life insurance in 
force on an employee at the date of his death shall be paid as 
provided in section 8705 of this title.

Sec. 8714c. Optional life insurance on family members

    (a) Under the conditions, directives, and terms specified 
in sections 8709 through 8712 of this title, the Office of 
Personnel Management, without regard to section 5 of title 41, 
may purchase a policy which shall make available to each 
employee insured under section 8702 of this title amounts of 
optional life insurance (without accidental death and 
dismemberment insurance) on the employee's family members.
    (b)(1) \3\ The optional life insurance on family members 
provided under this section shall be made available to each 
eligible employee who has elected coverage under this section, 
under conditions the Office shall prescribe, in multiples, at 
the employee's election, of 1, 2, 3, 4, or 5 times--
---------------------------------------------------------------------------
    \3\ This subsection was amended in its entirety by section 8(a) of 
the Federal Employees Life Insurance Improvement Act (P.L. 105-311). 
Section 11(f) of such Public Law provides the following effective date:

    ``(f) Improved Optional Life Insurance on Family Members.--The 
amendments made by section 8 shall take effect on the first day of the 
first pay period which begins on or after the 180th day following the 
date of enactment of this Act [Oct. 30, 1998] or on any earlier date 
that the Office of Personnel Management may prescribe.''.
    Subsection (b), as in effect prior to the amendment made by section 
8(a) of P.L. 105-311, reads as follows:

    ``(b) The optional life insurance on family members provided under 
this section shall be made available to each eligible employee who 
elects converage under this section, under conditions the Office shall 
prescribe, in the amount of $5,000 for a spouse and $2,500 for each 
child described in section 8701(d). The employee may stop coverage 
elected under this section at any time.''.
---------------------------------------------------------------------------
            (A) $5,000 for a spouse; and
            (B) $2,500 for each child described under section 
        8701(d).
    (2) An employee may reduce or stop coverage elected 
pursuant to this section at any time.
    (c)(1) Except as otherwise provided in this subsection, the 
optional life insurance on family members shall stop at the 
earlier of the employee's death, the employee's separation from 
the service, for temporary extension of life insurance coverage 
and for conversion to individual policies of life insurance 
under conditions approved by the Office.\1\

    \1\ Effective June 19, 1986, section 7(1) of P.L. 99-336 struck out 
section 206 and inserted a new 206 to the ``Bankruptcy Amendments and 
Federal Judgeship Act of 1984''. The new section 206 amends section 
8714c(c)(1) of title 5, U.S.C. by inserting after the first sentence 
the following new sentence: ``Justices and judges of the United States 
described in section 8701(a)(5) (ii) and (iii) of this chapter are 
deemed to continue in active employment for purposes of this 
chapter.''. Effective January 1, 1987, section 207(k)(5) of P.L. 99-335 
strikes subsection (c)(1) and inserts a new subsection (c)(1). As a 
result, the sentence as added by 7(1) of P.L. 99-336 should probably be 
added to subsection (c)(1) as amended by 207(k)(3) of P.L. 99-335.
---------------------------------------------------------------------------
    (2) In the case of any employee who retires on an immediate 
annuity or who becomes entitled to receive compensation under 
subchapter I of chapter 81 of this title because of disease or 
injury to the employee and who has had in force insurance under 
this section for no less than--
            (A) the 5 years of service immediately preceding 
        the date of retirement or entitlement to compensation, 
        or
            (B) the full period or periods of service during 
        which the insurance was available to the employee, if 
        fewer than 5 years,
optional life insurance on family members may be continued 
under the same conditions as provided in section 8714b(c) (2) 
through (4).\2\
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    \2\ Section 8(b) of the Federal Employees Life Insurance 
Improvement Act (P.L. 105-311) amended subsection (c)(2) by striking 
``section 8714b(c)(2) of this title'' and inserting ``section 8714b(c) 
(2) through (4)'' and in subsection (d)(1), by inserting before the 
last sentence the following: ``Notwithstanding the preceding sentence, 
the full cost shall be continued after the calendar month in which the 
former employee becomes 65 years of age if, and for so long as, an 
election under this section corresponding to that described in section 
8714b(c)(3)(B) remains in effect with respect to such former 
employee.''. For effective date of these amendments see footnote in 
subsection (b).
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    (d)(1) During each period in which the optional life 
insurance on family members is in force the full cost thereof 
shall be withheld from the employee's pay. During each period 
in which an employee continues optional life insurance on 
family members after retirement or while in receipt of 
compensation under subchapter I of chapter 81 of this title 
because of disease or injury to the employee, as provided in 
subsection (c) of this section, the full cost shall be withheld 
from the annuity or compensation, except that, beginning at the 
end of the calendar month in which the former employee becomes 
65 years of age, the optional life insurance on family members 
shall be without cost to the employee. Notwithstanding the 
preceding sentence, the full cost shall be continued after the 
calendar month in which the former employee becomes 65 years of 
age if, and for so long as, an election under this section 
corresponding to that described in section 8714b(c)(3)(B) 
remains in effect with respect to such former employee.\1\ 
Amounts so withheld shall be deposited, used, and invested as 
provided in section 8714 of this title and shall be reported 
and accounted for together with amounts withheld under section 
8714a(d) of this title.
---------------------------------------------------------------------------
    \1\ For the effective date of this sentence, see footnote 2 on the 
previous page.
---------------------------------------------------------------------------
    (2) If an agency fails to withhold the proper cost of 
optional life insurance on family members from an individual's 
salary, compensation, or retirement annuity, the collection of 
amounts properly due may be waived by the agency if, in the 
judgment of the agency, the individual is without fault and 
recovery would be against equity and good conscience. However, 
if the agency so waives the collection of any unpaid amount, 
the agency shall submit an amount equal to the uncollected 
amount to the Office for deposit to the Employees' Life 
Insurance Fund.
    (3) Notwithstanding paragraph (1), an employee who is 
subject to withholdings under this subsection and whose pay, 
annuity, or compensation is insufficient to cover such 
withholdings may nevertheless continue optional life insurance 
on family members if the employee arranges to pay currently 
into the Employees' Life Insurance Fund, through the agency or 
retirement system that administers pay, annuity, or 
compensation, an amount equal to the withholdings that would 
otherwise be required under this subsection.
    (e) The cost of the optional life insurance on family 
members shall be determined from time to time by the Office on 
the basis of the employee's age relative to such age groups as 
the Office establishes under section 8714a(e) of this title.
    (f) The amount of optional life insurance which is in force 
under this section on a family member of an employee or former 
employee on the date of the death of the family member shall be 
paid, on the establishment of a valid claim by the employee, to 
such employee or, in the event of the death of the employee 
before payment can be made, to the person or persons entitled 
to the group life insurance in force on the employee under 
section 8705 of this title.

Sec. 8714d. Option to receive ``living benefits''

    (a) For the purpose of this section, an individual shall be 
considered to be ``terminally ill'' if such individual has a 
medical prognosis that such individual's life expectancy is 9 
months or less.
    (b) The Office of Personnel Management shall prescribe 
regulations under which any individual covered by group life 
insurance under section 8704(a) may, if such individual is 
terminally ill, elect to receive a lump-sum payment equal to--
            (1) the full amount of insurance under section 
        8704(a) (or portion thereof designated for this purpose 
        under subsection (d)(4)) which would otherwise be 
        payable under this chapter (on the establishment of a 
        valid claim)--
                    (A) computed based on a date determined 
                under regulations of the Office (but not later 
                than 30 days after the date on which the 
                individual's application for benefits under 
                this section is approved or deemed approved 
                under subsection (d)(3)); and
                    (B) assuming continued coverage under this 
                chapter at that time;
        reduced by
            (2) an amount necessary to assure that there is no 
        increase in the actuarial value of the benefit paid (as 
        determined under regulations of the Office).
    (c)(1) If a lump-sum payment is taken under this section--
            (A) no insurance under the provisions of section 
        8704 (a) or (b) shall be payable based on the death or 
        any loss of the individual involved, unless the lump-
        sum payment represents only a portion of the total 
        benefits which could have been taken, in which case 
        benefits under those provisions shall remain in effect, 
        except that the basic insurance amount on which they 
        are based--
                    (i) shall be reduced by the percentage 
                which the designated portion comprised relative 
                to the total benefits which could have been 
                taken (rounding the result to the nearest 
                multiple of $1,000 or, if midway between 
                multiples of $1,000, to the next higher 
                multiple of $1,000); and
                    (ii) shall not be subject to further 
                adjustment; and
            (B) deductions and withholdings under section 8707, 
        and contributions under section 8708, shall be 
        terminated with respect to such individual (or reduced 
        in a manner consistent with the percentage reduction in 
        the individual's basic insurance amount, if 
        applicable), effective with respect to any amounts 
        which would otherwise become due on or after the date 
        of payment under this section.
    (2) An individual who takes a lump-sum payment under this 
section (whether full or partial) remains eligible for optional 
benefits under sections 8714a-8714c (subject to payment of the 
full cost of those benefits in accordance with applicable 
provisions of the section or sections involved, to the same 
extent as if no election under this section had been made).
    (d)(1) The Office's regulations shall include provisions 
regarding the form and manner in which an application under 
this section shall be made and the procedures in accordance 
with which any such application shall be considered.
    (2) An application shall not be considered to be complete 
unless it includes such information and supporting evidence as 
the regulations require, including certification by an 
appropriate medical authority as to the nature of the 
individual's illness and that the individual is not expected to 
live more than 9 months because of that illness.
    (3)(A) In order to ascertain the reliability of any medical 
opinion or finding submitted as part of an application under 
this section, the covered individual may be required to submit 
to a medical examination under the direction of the agency or 
entity considering the application. The individual shall not be 
liable for the costs associated with any examination required 
under this subparagraph.
    (B) Any decision by the reviewing agency or entity with 
respect to an application for benefits under this section 
(including one relating to an individual's medical prognosis) 
shall not be subject to administrative review.
    (4)(A) An individual making an election under this section 
may designate that only a limited portion (expressed as a 
multiple of $1,000) of the total amount otherwise allowable 
under this section be paid pursuant to such election.
    (B) A designation under this paragraph may not be made by 
an individual described in paragraph (1) or (2) of section 
8706(b).
    (5) An election to receive benefits under this section 
shall be irrevocable, and not more than one such election may 
be made by any individual.
    (6) The regulations shall include provisions to address the 
question of how to apply section 8706(b)(3)(B) in the case of 
an electing individual who has attained 65 years of age.

Sec. 8715. Jurisdiction of courts

    The district courts of the United States have original 
jurisdiction, concurrent with the United States Claims Court, 
of a civil action or claim against the United States founded on 
this chapter.

Sec. 8716. Regulations

    (a) The Office of Personnel Management may prescribe 
regulations necessary to carry out the purposes of this 
chapter.
    (b) The regulations of the Office may prescribe the time at 
which and the conditions under which an employee is eligible 
for coverage under this chapter. The Office, after consulting 
the head of the agency or other employing authority concerned, 
may exclude an employee on the basis of the nature and type of 
his employment or conditions pertaining to it, such as short-
term appointment, seasonal, intermittent employment, and 
employment of like nature. The Office may not exclude--
            (1) an employee or group of employees solely on the 
        basis of the hazardous nature of employment;
            (2) a teacher in the employ of the Board of 
        Education of the District of Columbia, whose pay is 
        fixed by section 1501 of title 31, District of Columbia 
        Code, on the basis of the fact that the teacher is 
        serving under a temporary appointment if the teacher 
        has been so employed by the Board for a period or 
        periods totaling not less than two school years; or
            (3) an employee who is occupying a position on a 
        part-time career employment basis (as defined in 
        section 3401(2) of this title).
    (c) The Secretary of Agriculture shall prescribe 
regulations to effect the application and operation of this 
chapter to an individual named by section 8701(a)(8) of this 
title.

                          CHAPTER 89--HEALTH 
                               INSURANCE

Sec.
8901.    Definitions.
8902.    Contracting authority.
8902a.   Debarment and other sanctions.
8903.    Health benefits plans.
8903a.   Additional health benefits plans.
8903b.   Authority to readmit an employee organization plan.
8904.    Types of benefits.
8905.    Election of coverage.
8905a.   Continued coverage.
8906.    Contributions.
8906a.   Temporary employees.
8907.    Information to individuals eligible to enroll.
8908.    Coverage of restored employees and survivor or disability 
          annuitants.
8909.    Employees Health Benefits Fund.
8910.    Studies, reports, and audits.
8911.    Advisory committee.
8912.    Jurisdiction of courts.
8913.    Regulations.
8914.    Effect of other statutes.

Sec. 8901. Definitions

    For the purpose of this chapter--
            (1) ``employee'' means--
                    (A) an employee as defined by section 2105 
                of this title;
                    (B) a Member of Congress as defined by 
                section 2106 of this title;
                    (C) a Congressional employee as defined by 
                section 2107 of this title;
                    (D) the President;
                    (E) an individual first employed by the 
                government of the District of Columbia before 
                October 1, 1987;
                    (F) an individual employed by Gallaudet 
                College;
                    (G) an individual employed by a county 
                committee established under section 590h(b) of 
                title 16;
                    (H) an individual appointed to a position 
                on the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838); and
                    (I) an individual appointed to a position 
                on the office staff of a former President, or a 
                former Vice President under section 4 of the 
                Presidential Transition Act of 1963, as amended 
                (78 Stat. 153), who immediately before the date 
                of such appointment was an employee as defined 
                under any other subparagraph of this paragraph;
            but does not include--
                    (i) an employee of a corporation supervised 
                by the Farm Credit Administration if private 
                interests elect or appoint a member of the 
                board of directors;
                    (ii) an individual who is not a citizen or 
                national of the United States and whose 
                permanent duty station is outside the United 
                States, unless the individual was an employee 
                for the purpose of this chapter on September 
                30, 1979, by reason of service in an Executive 
                agency, the United States Postal Service, or 
                the Smithsonian Institution in the area which 
                was then known as the Canal Zone;
                    (iii) an employee of the Tennessee Valley 
                Authority; or
                    (iv) an employee excluded by regulation of 
                the Office of Personnel Management under 
                section 8913(b) of this title;
            (2) ``Government'' means the Government of the 
        United States and the government of the District of 
        Columbia;
            (3) ``annuitant'' means--
                    (A) an employee who retires--
                            (i) on an immediate annuity under 
                        subchapter III of chapter 83 of this 
                        title, or another retirement system for 
                        employees of the Government, after 5 or 
                        more years of service;
                            (ii) under section 8412 or 8414 of 
                        this title;
                            (iii) for disability under 
                        subchapter III of chapter 83 of this 
                        title, chapter 84 of this title, or 
                        another retirement system for employees 
                        of the Government; or
                            (iv) on an immediate annuity under 
                        a retirement system established for 
                        employees described in section 2105(c), 
                        in the case of an individual who 
                        elected under section 8347(q)(2) or 
                        8461(n)(2) to remain subject to such a 
                        system;
                    (B) a member of a family who receives an 
                immediate annuity as the survivor of an 
                employee (including a family member entitled to 
                an amount under section 8442(b)(1)(A), whether 
                or not such family member is entitled to an 
                annuity under section 8442(b)(1)(B)) or of a 
                retired employee described by subparagraph (A) 
                of this paragraph;
                    (C) an employee who receives monthly 
                compensation under subchapter I of chapter 81 
                of this title and who is determined by the 
                Secretary of Labor to be unable to return to 
                duty; and
                    (D) a member of a family who receives 
                monthly compensation under subchapter I of 
                chapter 81 of this title as the surviving 
                beneficiary of--
                            (i) an employee who dies as a 
                        result of injury or illness compensable 
                        under that subchapter; or
                            (ii) a former employee who is 
                        separated after having completed 5 or 
                        more years of service and who dies 
                        while receiving monthly compensation 
                        under that subchapter and who has been 
                        held by the Secretary to have been 
                        unable to return to duty;
            (4) ``service'', as used by paragraph (3) of this 
        section, means service which is creditable under 
        subchapter III of chapter 83 or chapter 84 of this 
        title;
            (5) ``member of family'' means the spouse of an 
        employee or annuitant and an unmarried dependent child 
        under 22 years of age, including--
                    (A) an adopted child or recognized natural 
                child; and
                    (B) a stepchild or foster child but only if 
                the child lives with the employee or annuitant 
                in a regular parent-child relationship;
        or such an unmarried dependent child regardless of age 
        who is incapable of self-support because of mental or 
        physical disability which existed before age 22;
            (6) ``health benefits plan'' means a group 
        insurance policy or contract, medical or hospital 
        service agreement, membership or subscription contract, 
        or similar group arrangements provided by a carrier for 
        the purpose of providing, paying for, or reimbursing 
        expenses for health services;
            (7) ``carrier'' means a voluntary association, 
        corporation, partnership, or other nongovernmental 
        organization which is lawfully engaged in providing, 
        paying for, or reimbursing the cost of, health services 
        under group insurance policies or contracts, medical or 
        hospital service agreements, membership or subscription 
        contracts, or similar group arrangements, in 
        consideration of premiums or other periodic charges 
        payable to the carrier, including a health benefits 
        plan duly sponsored or underwritten by an employee 
        organization and an association of organizations or 
        other entities described in this paragraph sponsoring a 
        health benefits plan;
            (8) ``employee organization'' means--
                    (A) an association or other organization of 
                employees which is national in scope, or in 
                which membership is open to all employees of a 
                Government agency who are eligible to enroll in 
                a health benefits plan under this chapter and 
                which, after December 31, 1978, and before 
                January 1, 1980, applied to the Office for 
                approval of a plan provided under section 
                8903(3) of this title; and
                    (B) an association or other organization 
                which is national in scope, in which membership 
                is open only to employees, annuitants, or 
                former spouses, or any combination thereof, and 
                which, during the 90-day period beginning on 
                the date of enactment of section 8903a of this 
                title, applied to the Office for approval of a 
                plan provided under such section;
            (9) ``dependent'', in the case of any child, means 
        that the employee or annuitant involved is either 
        living with or contributing to the support of such 
        child, as determined in accordance with such 
        regulations as the Office shall prescribe;
            (10) ``former spouse'' means a former spouse of an 
        employee, former employee, or annuitant--
                    (A) who has not remarried before age 55 
                after the marriage to the employee, former 
                employee, or annuitant was dissolved,
                    (B) who was enrolled in an approved health 
                benefits plan under this chapter as a family 
                member at any time during the 18-month period 
                before the date of the dissolution of the 
                marriage to the employee, former employee, or 
                annuitant, and
                    (C)(i) who is receiving any portion of an 
                annuity under section 8345(j) or 8467 of this 
                title or a survivor annuity under section 
                8341(h) or 8445 of this title (or benefits 
                similar to either of the aforementioned annuity 
                benefits under a retirement system for 
                Government employees other than the Civil 
                Service Retirement System or the Federal 
                Employees' Retirement System),
                    (ii) as to whom a court order or a decree 
                referred to in section 8341(h), 8345(j), 8445, 
                or 8467 of this title (or similar provision of 
                law under any such retirement system other than 
                the Civil Service Retirement System or the 
                Federal Employees' Retirement System) has been 
                issued, or for whom an election has been made 
                under section 8339(j)(3) or 8417(b) of this 
                title (or similar provision of law), or
                    (iii) who is otherwise entitled to an 
                annuity or any portion of an annuity as a 
                former spouse under a retirement system for 
                Government employees,
        except that such term shall not include any such 
        unremarried former spouse of a former employee whose 
        marriage was dissolved after the former employee's 
        separation from the service (other than by retirement); 
        and
            (11) ``qualified clinical social worker'' means an 
        individual--
                    (A) who is licensed or certified as a 
                clinical social worker by the State in which 
                such individual practices; or
                    (B) who, if such State does not provide for 
                the licensing or certification of clinical 
                social workers--
                            (i) is certified by a national 
                        professional organization offering 
                        certification of clinical social 
                        workers; or
                            (ii) meets equivalent requirements 
                        (as prescribed by the Office).

Sec. 8902. Contracting authority

    (a) The Office of Personnel Management may contract with 
qualified carriers offering plans described by section 8903 or 
8903a of this title, without regard to section 5 of title 41 or 
other statute requiring competitive bidding. Each contract 
shall be for a uniform term of at least 1 year, but may be made 
automatically renewable from term to term in the absence of 
notice of termination by either party.
    (b) To be eligible as a carrier for the plan described by 
section 8903(2) of this title, a company must be licensed to 
issue group health insurance in all the States and the District 
of Columbia.
    (c) A contract for a plan described by section 8903(1) or 
(2) of this title shall require the carrier--
            (1) to reinsure with other companies which elect to 
        participate, under an equitable formula based on the 
        total amount of their group health insurance benefit 
        payments in the United States during the latest year 
        for which the information is available, to be 
        determined by the carrier and approved by the Office; 
        or
            (2) to allocate its rights and obligations under 
        the contract among its affiliates which elect to 
        participate, under an equitable formula to be 
        determined by the carrier and the affiliates and 
        approved by the Office.
    (d) Each contract under this chapter shall contain a 
detailed statement of benefits offered and shall include such 
maximums, limitations, exclusions, and other definitions of 
benefits as the Office considers necessary or desirable.
    (e) The Office may prescribe reasonable minimum standards 
for health benefits plans described by section 8903 or 8903a of 
this title and for carriers offering the plans. Approval of a 
plan may be withdrawn only after notice and opportunity for 
hearing to the carrier concerned without regard to subchapter 
II of chapter 5 and chapter 7 of this title. The Office may 
terminate the contract of a carrier effective at the end of the 
contract term, if the Office finds that at no time during the 
preceding two contract terms did the carrier have 300 or more 
employees and annuitants, exclusive of family members, enrolled 
in the plan.
    (f) A contract may not be made or a plan approved which 
excludes an individual because of race, sex, health status, or, 
at the time of the first opportunity to enroll, because of age.
    (g) A contract may not be made or a plan approved which 
does not offer to each employee, annuitant, family member, 
former spouse, or person having continued coverage under 
section 8905a of this title whose enrollment in the plan is 
ended, except by a cancellation of enrollment, a temporary 
extension of coverage during which he may exercise the option 
to convert, without evidence of good health, to a nongroup 
contract providing health benefits. An employee, annuitant, 
family member, former spouse, or person having continued 
coverage under section 8905a of this title who exercises this 
option shall pay the full periodic charges of the nongroup 
contract.
    (h) The benefits and coverage made available under 
subsection (g) of this section are noncancelable by the carrier 
except for fraud, over-insurance, or nonpayment of periodic 
charges.
    (i) Rates charged under health benefits plans described by 
section 8903 or 8903a of this title shall reasonably and 
equitably reflect the cost of the benefits provided. Rates 
under health benefits plans described by section 8903(1) and 
(2) of this title shall be determined on a basis which, in the 
judgment of the Office, is consistent with the lowest schedule 
of basic rates generally charged for new group health benefit 
plans issued to large employers. The rates determined for the 
first contract term shall be continued for later contract 
terms, except that they may be readjusted for any later term, 
based on past experience and benefit adjustments under the 
later contract. Any readjustment in rates shall be made in 
advance of the contract term in which they will apply and on a 
basis which, in the judgment of the Office, is consistent with 
the general practice of carriers which issue group health 
benefit plans to large employers.
    (j) Each contract under this chapter shall require the 
carrier to agree to pay for or provide a health service or 
supply in an individual case if the Office finds that the 
employee, annuitant, family member, former spouse, or person 
having continued coverage under section 8905a of this title is 
entitled thereto under the terms of the contract.
    (k)(1) When a contract under this chapter requires payment 
or reimbursement for services which may be performed by a 
clinical psychologist, optometrist, nurse midwife, nursing 
school administered clinic, or nurse practitioner/clinical 
specialist, licensed or certified as such under Federal or 
State law, as applicable, or by a qualified clinical social 
worker as defined in section 8901(11), an employee, annuitant, 
family member, former spouse, or person having continued 
coverage under section 8905a of this title covered by the 
contract shall be free to select, and shall have direct access 
to, such a clinical psychologist, qualified clinical social 
worker, optometrist, nurse midwife, nursing school administered 
clinic, or nurse practitioner/nurse clinical specialist without 
supervision or referral by another health practitioner and 
shall be entitled under the contract to have payment or 
reimbursement made to him or on his behalf for the services 
performed.
    (2) Nothing in this subsection shall be considered to 
preclude a health benefits plan from providing direct access or 
direct payment or reimbursement to a provider in a health care 
practice or profession other than a practice or profession 
listed in paragraph (1), if such provider is licensed or 
certified as such under Federal or State law.
    (3) The provisions of this subsection shall not apply to 
comprehensive medical plans as described in section 8903(4) of 
this title.
    (l) The Office shall contract under this chapter for a plan 
described in section 8903(4) of this title with any qualified 
health maintenance carrier which offers such a plan. For the 
purpose of this subsection, ``qualified health maintenance 
carrier'' means any qualified carrier which is a qualified 
health maintenance organization within the meaning of section 
1310(d)(1) of title XIII of the Public Health Service Act (42 
U.S.C. 300c-9(d)).
    (m)(1) The terms of any contract under this chapter which 
relate to the nature, provision, or extent of coverage or 
benefits (including payments with respect to benefits) shall 
supersede and preempt any State or local law, or any regulation 
issued thereunder, which relates to health insurance or plans.
    (2)(A) Notwithstanding the provisions of paragraph (1) of 
this subsection, if a contract under this chapter provides for 
the provision of, the payment for, or the reimbursement of the 
cost of health services for the care and treatment of any 
particular health condition, the carrier shall provide, pay, or 
reimburse up to the limits of its contract for any such health 
service properly provided by any person licensed under State 
law to provide such service if such service is provided to an 
individual covered by such contract in a State where 25 percent 
or more of the population is located in primary medical care 
manpower shortage areas designated pursuant to section 332 of 
the Public Health Service Act (42 U.S.C. 254e).
    (B) The provisions of subparagraph (A) shall not apply to 
contracts entered into providing prepayment plans described in 
section 8903(4) of this title.
    (n) A contract for a plan described by section 8903(1), 
(2), or (3), or section 8903a, shall require the carrier--
            (1) to implement hospitalization-cost-containment 
        measures, such as measures--
                    (A) for verifying the medical necessity of 
                any proposed treatment or surgery;
                    (B) for determining the feasibility or 
                appropriateness of providing services on an 
                outpatient rather than on an inpatient basis;
                    (C) for determining the appropriate length 
                of stay (through concurrent review or 
                otherwise) in cases involving inpatient care; 
                and
                    (D) involving case management, if the 
                circumstances so warrant; and
            (2) to establish incentives to encourage compliance 
        with measures under paragraph (1).
    (o) A contract may not be made or a plan approved which 
includes coverage for any benefit, item, or service for which 
funds may not be used under the Assisted Suicide Funding 
Restriction Act of 1997.

Sec. 8902a. Debarment and other sanctions

    (a)(1) For the purpose of this section--
            (A) the term ``provider of health care services or 
        supplies'' or ``provider'' means a physician, hospital, 
        or other individual or entity which furnishes health 
        care services or supplies;
            (B) the term ``individual covered under this 
        chapter'' or ``covered individual'' means an employee, 
        annuitant, family member, or former spouse covered by a 
        health benefits plan described by section 8903 or 
        8903a;
            (C) an individual or entity shall be considered to 
        have been ``convicted'' of a criminal offense if--
                    (i) a judgment of conviction for such 
                offense has been entered against the individual 
                or entity by a Federal, State, or local court;
                    (ii) there has been a finding of guilt 
                against the individual or entity by a Federal, 
                State, or local court with respect to such 
                offense;
                    (iii) a plea of guilty or nolo contendere 
                by the individual or entity has been accepted 
                by a Federal, State, or local court with 
                respect to such offense; or
                    (iv) in the case of an individual, the 
                individual has entered a first offender or 
                other program pursuant to which a judgment of 
                conviction for such offense has been withheld;
        without regard to the pendency or outcome of any appeal 
        (other than a judgment of acquittal based on innocence) 
        or request for relief on behalf of the individual or 
        entity; and
            (D) the term ``should know'' means that a person, 
        with respect to information, acts in deliberate 
        ignorance of, or in reckless disregard of, the truth or 
        falsity of the information, and no proof of specific 
        intent to defraud is required;\1\
---------------------------------------------------------------------------
    \1\ So in law. Probably should end with a period. See the amendment 
made by section 2(a)(1) of Public Law 105-266 (112 Stat. 2363).
---------------------------------------------------------------------------
    (2)(A) Notwithstanding section 8902(j) or any other 
provision of this chapter, if, under subsection (b), (c), or 
(d), a provider is barred from participating in the program 
under this chapter, no payment may be made by a carrier 
pursuant to any contract under this chapter (either to such 
provider or by reimbursement) for any service or supply 
furnished by such provider during the period of the debarment.
    (B) Each contract under this chapter shall contain such 
provisions as may be necessary to carry out subparagraph (A) 
and the other provisions of this section.
    (b) The Office of Personnel Management shall bar the 
following providers of health care services or supplies from 
participating in the program under this chapter:
            (1) Any provider that has been convicted, under 
        Federal or State law, of a criminal offense relating to 
        fraud, corruption, breach of fiduciary responsibility, 
        or other financial misconduct in connection with the 
        delivery of a health care service or supply.
            (2) Any provider that has been convicted, under 
        Federal or State law, of a criminal offense relating to 
        neglect or abuse of patients in connection with the 
        delivery of a health care service or supply.
            (3) Any provider that has been convicted, under 
        Federal or State law, in connection with the 
        interference with or obstruction of an investigation or 
        prosecution of a criminal offense described in 
        paragraph (1) or (2).
            (4) Any provider that has been convicted, under 
        Federal or State law, of a criminal offense relating to 
        the unlawful manufacture, distribution, prescription, 
        or dispensing of a controlled substance.
            (5) Any provider that is currently debarred, 
        suspended, or otherwise excluded from any procurement 
        or nonprocurement activity (within the meaning of 
        section 2455 of the Federal Acquisition Streamlining 
        Act of 1994).
    (c) The Office may bar the following providers of health 
care services from participating in the program under this 
chapter:
            (1) Any provider--
                    (A) whose license to provide health care 
                services or supplies has been revoked, 
                suspended, restricted, or not renewed, by a 
                State licensing authority for reasons relating 
                to the provider's professional competence, 
                professional performance, or financial 
                integrity; or
                    (B) that surrendered such a license while a 
                formal disciplinary proceeding was pending 
                before such an authority, if the proceeding 
                concerned the provider's professional 
                competence, professional performance, or 
                financial integrity.
            (2) Any provider that is an entity directly or 
        indirectly owned, or with a control interest of 5 
        percent or more held, by an individual who has been 
        convicted of any offense described in subsection (b), 
        against whom a civil monetary penalty has been assessed 
        under subsection (d), or who has been debarred from 
        participation under this chapter.
            (3) Any individual who directly or indirectly owns 
        or has a control interest in a sanctioned entity and 
        who knows or should know of the action constituting the 
        basis for the entity's conviction of any offense 
        described in subsection (b), assessment with a civil 
        monetary penalty under subsection (d), or debarment 
        from participation under this chapter.
            (4) Any provider that the Office determines, in 
        connection with claims presented under this chapter, 
        has charged for health care services or supplies in an 
        amount substantially in excess of such provider's 
        customary charge for such services or supplies (unless 
        the Office finds there is good cause for such charge), 
        or charged for health care services or supplies which 
        are substantially in excess of the needs of the covered 
        individual or which are of a quality that fails to meet 
        professionally recognized standards for such services 
        or supplies.
            (5) Any provider that the Office determines has 
        committed acts described in subsection (d).
Any determination under paragraph (4) relating to whether a 
charge for health care services or supplies is substantially in 
excess of the needs of the covered individual shall be made by 
trained reviewers based on written medical protocols developed 
by physicians. In the event such a determination cannot be made 
based on such protocols, a physician in an appropriate 
specialty shall be consulted.
    (d) Whenever the Office determines--
            (1) in connection with claims presented under this 
        chapter, that a provider has charged for a health care 
        service or supply which the provider knows or should 
        have known involves--
                    (A) an item or service not provided as 
                claimed;
                    (B) charges in violation of applicable 
                charge limitations under section 8904(b); or
                    (C) an item or service furnished during a 
                period in which the provider was debarred from 
                participation under this chapter pursuant to a 
                determination by the Office under this section, 
                other than as permitted under subsection 
                (g)(2)(B);
            (2) that a provider of health care services or 
        supplies has knowingly made, or caused to be made, any 
        false statement or misrepresentation of a material fact 
        which is reflected in a claim presented under this 
        chapter; or
            (3) that a provider of health care services or 
        supplies has knowingly failed to provide any 
        information required by a carrier or by the Office to 
        determine whether a payment or reimbursement is payable 
        under this chapter or the amount of any such payment or 
        reimbursement;
the Office may, in addition to any other penalties that may be 
prescribed by law, and after consultation with the Attorney 
General, impose a civil monetary penalty of not more than 
$10,000 for any item or service involved. In addition, such a 
provider shall be subject to an assessment of not more than 
twice the amount claimed for each such item or service. In 
addition, the Office may make a determination in the same 
proceeding to bar such provider from participating in the 
program under this chapter.
    (e) The Office--
            (1) may not initiate any debarment proceeding 
        against a provider, based on such provider's having 
        been convicted of a criminal offense, later than 6 
        years after the date on which such provider is so 
        convicted; and
            (2) may not initiate any action relating to a civil 
        penalty, assessment, or debarment under this section, 
        in connection with any claim, later than 6 years after 
        the date the claim is presented, as determined under 
        regulations prescribed by the Office.
    (f) In making a determination relating to the 
appropriateness of imposing or the period of any debarment 
under this section (where such debarment is not mandatory), or 
the appropriateness of imposing or the amount of any civil 
penalty or assessment under this section, the Office shall take 
into account--
            (1) the nature of any claims involved and the 
        circumstances under which they were presented;
            (2) the degree of culpability, history of prior 
        offenses or improper conduct of the provider involved; 
        and
            (3) such other matters as justice may require.
    (g)(1)(A) Except as provided in subparagraph (B), debarment 
of a provider under subsection (b) or (c) shall be effective at 
such time and upon such reasonable notice to such provider, and 
to carriers and covered individuals, as shall be specified in 
regulations prescribed by the Office. Any such provider that is 
debarred from participation may request a hearing in accordance 
with subsection (h)(1).
    (B) Unless the Office determines that the health or safety 
of individuals receiving health care services warrants an 
earlier effective date, the Office shall not make a 
determination adverse to a provider under subsection (c)(5) or 
(d) until such provider has been given reasonable notice and an 
opportunity for the determination to be made after a hearing as 
provided in accordance with subsection (h)(1).
    (2)(A) Except as provided in subparagraph (B), a debarment 
shall be effective with respect to any health care services or 
supplies furnished by a provider on or after the effective date 
of such provider's debarment.
    (B) A debarment shall not apply with respect to inpatient 
institutional services furnished to an individual who was 
admitted to the institution before the date the debarment would 
otherwise become effective until the passage of 30 days after 
such date, unless the Office determines that the health or 
safety of the individual receiving those services warrants that 
a shorter period, or that no such period, be afforded.
    (3) Any notice of debarment referred to in paragraph (1) 
shall specify the date as of which debarment becomes effective 
and the minimum period of time for which such debarment is to 
remain effective. In the case of a debarment under paragraph 
(1), (2), (3), or (4) of subsection (b), the minimum period of 
debarment shall not be less than 3 years, except as provided in 
paragraph (4)(B)(ii).
    (4)(A) A provider barred from participating in the program 
under this chapter may, after the expiration of the minimum 
period of debarment referred to in paragraph (3), apply to the 
Office, in such manner as the Office may by regulation 
prescribe, for termination of the debarment.
    (B) The Office may--
            (i) terminate the debarment of a provider, pursuant 
        to an application filed by such provider after the end 
        of the minimum debarment period, if the Office 
        determines, based on the conduct of the applicant, 
        that--
                    (I) there is no basis under subsection (b), 
                (c), or (d) for continuing the debarment; and
                    (II) there are reasonable assurances that 
                the types of actions which formed the basis for 
                the original debarment have not recurred and 
                will not recur; or
            (ii) notwithstanding any provision of subparagraph 
        (A), terminate the debarment of a provider, pursuant to 
        an application filed by such provider before the end of 
        the minimum debarment period, if the Office determines 
        that--
                    (I) based on the conduct of the applicant, 
                the requirements of subclauses (I) and (II) of 
                clause (i) have been met; and
                    (II) early termination under this clause is 
                warranted based on the fact that the provider 
                is the sole community provider or the sole 
                source of essential specialized services in a 
                community, or other similar circumstances.
    (5) The Office shall--
            (A) promptly notify the appropriate State or local 
        agency or authority having responsibility for the 
        licensing or certification of a provider barred from 
        participation in the program under this chapter of the 
        fact of the debarment, as well as the reasons for such 
        debarment;
            (B) request that appropriate investigations be made 
        and sanctions invoked in accordance with applicable law 
        and policy; and
            (C) request that the State or local agency or 
        authority keep the Office fully and currently informed 
        with respect to any actions taken in response to the 
        request.
    (h)(1) Any provider of health care services or supplies 
that is the subject of an adverse determination by the Office 
under this section shall be entitled to reasonable notice and 
an opportunity to request a hearing of record, and to judicial 
review as provided in this subsection after the Office renders 
a final decision. The Office shall grant a request for a 
hearing upon a showing that due process rights have not 
previously been afforded with respect to any finding of fact 
which is relied upon as a cause for an adverse determination 
under this section. Such hearing shall be conducted without 
regard to subchapter II of chapter 5 and chapter 7 of this 
title by a hearing officer who shall be designated by the 
Director of the Office and who shall not otherwise have been 
involved in the adverse determination being appealed. A request 
for a hearing under this subsection shall be filed within such 
period and in accordance with such procedures as the Office 
shall prescribe by regulation.
    (2) Any provider adversely affected by a final decision 
under paragraph (1) made after a hearing to which such provider 
was a party may seek review of such decision in the United 
States District Court for the District of Columbia or for the 
district in which the plaintiff resides or has his or her 
principal place of business by filing a notice of appeal in 
such court within 60 days after the date the decision is 
issued, and by simultaneously sending copies of such notice by 
certified mail to the Director of the Office and to the 
Attorney General. In answer to the appeal, the Director of the 
Office shall promptly file in such court a certified copy of 
the transcript of the record, if the Office conducted a 
hearing, and other evidence upon which the findings and 
decision complained of are based. The court shall have power to 
enter, upon the pleadings and evidence of record, a judgment 
affirming, modifying, or setting aside, in whole or in part, 
the decision of the Office, with or without remanding the case 
for a rehearing. The district court shall not set aside or 
remand the decision of the Office unless there is not 
substantial evidence on the record, taken as whole, to support 
the findings by the Office of a cause for action under this 
section or unless action taken by the Office constitutes an 
abuse of discretion.
    (3) Matters that were raised or that could have been raised 
in a hearing under paragraph (1) or an appeal under paragraph 
(2) may not be raised as a defense to a civil action by the 
United States to collect a penalty or assessment imposed under 
this section.
    (i) A civil action to recover civil monetary penalties or 
assessments under subsection (d) shall be brought by the 
Attorney General in the name of the United States, and may be 
brought in the United States district court for the district 
where the claim involved was presented or where the person 
subject to the penalty resides. Amounts recovered under this 
section shall be paid to the Office for deposit into the 
Employees Health Benefits Fund. The amount of a penalty or 
assessment as finally determined by the Office, or other amount 
the Office may agree to in compromise, may be deducted from any 
sum then or later owing by the United States to the party 
against whom the penalty or assessment has been levied.
    (j) The Office shall prescribe regulations under which, 
with respect to services or supplies furnished by a debarred 
provider to a covered individual during the period of such 
provider's debarment, payment or reimbursement under this 
chapter may be made, notwithstanding the fact of such 
debarment, if such individual did not know or could not 
reasonably be expected to have known of the debarment. In any 
such instance, the carrier involved shall take appropriate 
measures to ensure that the individual is informed of the 
debarment and the minimum period of time remaining under the 
terms of the debarment.

Sec. 8903. Health benefits plans

    The Office of Personnel Management may contract for or 
approve the following health benefits plans:
            (1) Service Benefit Plan.--One Government-wide 
        plan, which may be underwritten by participating 
        affiliates licensed in any number of States, offering 
        two levels of benefits, under which payment is made by 
        a carrier under contracts with physicians, hospitals, 
        or other providers of health services for benefits of 
        the types described by section 8904(1) of this title 
        given to employees, annuitants, members of their 
        families, former spouses, or persons having continued 
        coverage under section 8905a of this title, or, under 
        certain conditions, payment is made by a carrier to the 
        employee, annuitant, family member, former spouse, or 
        person having continued coverage under section 8905a of 
        this title.
            (2) Indemnity Benefit Plan.--One Government-wide 
        plan, offering two levels of benefits, under which a 
        carrier agrees to pay certain sums of money, not in 
        excess of the actual expenses incurred, for benefits of 
        the types described by section 8904(2) of this title.
            (3) Employee Organization Plans.--Employee 
        organization plans which offer benefits of the types 
        referred to by section 8904(3) of this title, which are 
        sponsored or underwritten, and are administered, in 
        whole or substantial part, by employee organizations 
        described in section 8901(8)(A) of this title, which 
        are available only to individuals, and members of their 
        families, who at the time of enrollment are members of 
        the organization.
            (4) Comprehensive Medical Plans.--
                    (A) Group-practice prepayment plans.--
                Group-practice prepayment plans which offer 
                health benefits of the types referred to by 
                section 8904(4) of this title, in whole or in 
                substantial part on a prepaid basis, with 
                professional services thereunder provided by 
                physicians practicing as a group in a common 
                center or centers. The group shall include at 
                least 3 physicians who receive all or a 
                substantial part of their professional income 
                from the prepaid funds and who represent 1 or 
                more medical specialties appropriate and 
                necessary for the population proposed to be 
                served by the plan.
                    (B) Individual-practice prepayment plans.--
                Individual-practice prepayment plans which 
                offer health services in whole or substantial 
                part on a prepaid basis, with professional 
                services thereunder provided by individual 
                physicians who agree, under certain conditions 
                approved by the Office, to accept the payments 
                provided by the plans as full payment for 
                covered services given by them including, in 
                addition to in-hospital services, general care 
                given in their offices and the patients' homes, 
                out-of-hospital diagnostic procedures, and 
                preventive care, and which plans are offered by 
                organizations which have successfully operated 
                similar plans before approval by the Office of 
                the plan in which employees may enroll.
                    (C) Mixed model prepayment plans.--Mixed 
                model prepayment plans which are a combination 
                of the type of plans described in subparagraph 
                (A) and the type of plans described in 
                subparagraph (B).

Sec. 8903a. Additional health benefits plans

    (a) In addition to any plan under section 8903 of this 
title, the Office of Personnel Management may contract for or 
approve one or more health benefits plans under this section.
    (b) A plan under this section may not be contracted for or 
approved unless it--
            (1) is sponsored or underwritten, and administered, 
        in whole or substantial part, by an employee 
        organization described in section 8901(8)(B) of this 
        title;
            (2) offers benefits of the types named by paragraph 
        (1) or (2) of section 8904 of this title or both;
            (3) provides for benefits only by paying for, or 
        providing reimbursement for, the cost of such benefits 
        (as provided for under paragraph (1) or (2) of section 
        8903 of this title) or a combination thereof; and
            (4) is available only to individuals who, at the 
        time of enrollment, are full members of the 
        organization and to members of their families.
    (c) A contract for a plan approved under this section shall 
require the carrier--
            (1) to enter into an agreement approved by the 
        Office with an underwriting subcontractor licensed to 
        issue group health insurance in all the States and the 
        District of Columbia; or
            (2) to demonstrate ability to meet reasonable 
        minimum financial standards prescribed by the Office.
    (d) For the purpose of this section, an individual shall be 
considered a full member of an organization if such individual 
is eligible to exercise all rights and privileges incident to 
full membership in such organization (determined without regard 
to the right to hold elected office).

Sec. 8903b. Authority to readmit an employee organization plan

    (a) In the event that a plan described by section 8903(3) 
or 8903a is discontinued under this chapter (other than in the 
circumstance described in section 8909(d)), that 
discontinuation shall be disregarded, for purposes of any 
determination as to that plan's eligibility to be considered an 
approved plan under this chapter, but only for purposes of any 
contract year later than the third contract year beginning 
after such plan is so discontinued.
    (b) A contract for a plan approved under this section shall 
require the carrier--
            (1) to demonstrate experience in service delivery 
        within a managed care system (including provider 
        networks) throughout the United States; and
            (2) if the carrier involved would not otherwise be 
        subject to the requirement set forth in section 
        8903a(c)(1), to satisfy such requirement.

Sec. 8904. Types of benefits

    (a) The benefits to be provided under plans described by 
section 8903 of this title may be of the following types:
            (1) Service Benefit Plan.--
                    (A) Hospital benefits.
                    (B) Surgical benefits.
                    (C) In-hospital medical benefits.
                    (D) Ambulatory patient benefits.
                    (E) Supplemental benefits.
                    (F) Obstetrical benefits.
            (2) Indemnity Benefit Plan.--
                    (A) Hospital care.
                    (B) Surgical care and treatment.
                    (C) Medical care and treatment.
                    (D) Obstetrical benefits.
                    (E) Prescribed drugs, medicines, and 
                prosthetic devices.
                    (F) Other medical supplies and services.
            (3) Employee Organization Plans.--Benefits of the 
        types named under paragraph (1) or (2) of this 
        subsection or both.
            (4) Comprehensive Medical Plans.--Benefits of the 
        types named under paragraph (1) or (2) of this 
        subsection or both.
All plans contracted for under paragraphs (1) and (2) of this 
subsection shall include benefits both for costs associated 
with care in a general hospital and for other health services 
of a catastrophic nature.
    (b)(1)(A) A plan, other than a prepayment plan described in 
section 8903(4) of this title, may not provide benefits, in the 
case of any retired enrolled individual who is age 65 or older 
and is not covered to receive Medicare hospital and insurance 
benefits under part A of title XVIII of the Social Security Act 
(42 U.S.C. 1395c et seq.), to pay a charge imposed by any 
health care provider, for inpatient hospital services which are 
covered for purposes of benefit payments under this chapter and 
part A of title XVIII of the Social Security Act, to the extent 
that such charge exceeds applicable limitations on hospital 
charges established for Medicare purposes under section 1886 of 
the Social Security Act (42 U.S.C. 1395ww). Hospital providers 
who have in force participation agreements with the Secretary 
of Health and Human Services consistent with sections 1814(a) 
and 1866 of the Social Security Act (42 U.S.C. 1395f(a) and 
1395cc), whereby the participating provider accepts Medicare 
benefits as full payment for covered items and services after 
applicable patient copayments under section 1813 of such Act 
(42 U.S.C 1395e) have been satisfied, shall accept equivalent 
benefit payments and enrollee copayments under this chapter as 
full payment for services described in the preceding sentence. 
The Office of Personnel Management shall notify the Secretary 
of Health and Human Services if a hospital is found to 
knowingly and willfully violate this subsection on a repeated 
basis and the Secretary may invoke appropriate sanctions in 
accordance with section 1866(b)(2) of the Social Security Act 
(42 U.S.C. 1395cc(b)(2)) and applicable regulations.
    (B)(i) A plan, other than a prepayment plan described in 
section 8903(4), may not provide benefits, in the case of any 
retired enrolled individual who is age 65 or older and is not 
entitled to Medicare supplementary medical insurance benefits 
under part B of title XVIII of the Social Security Act (42 
U.S.C. 1395j et seq.), to pay a charge imposed for physicians' 
services (as defined in section 1848(j) of such Act, 42 U.S.C. 
1395w-4(j)) which are covered for purposes of benefit payments 
under this chapter and under such part, to the extent that such 
charge exceeds the fee schedule amount under section 1848(a) of 
such Act (42 U.S.C. 1395w-4(a)).
    (ii) Physicians and suppliers who have in force 
participation agreements with the Secretary of Health and Human 
Services consistent with section 1842(h)(1) of such Act (42 
U.S.C. 1395u(h)(1)), whereby the participating provider accepts 
Medicare benefits (including allowable deductible and 
coinsurance amounts) as full payment for covered items and 
services shall accept equivalent benefit and enrollee cost-
sharing under this chapter as full payment for services 
described in clause (i). Physicians and suppliers who are 
nonparticipating physicians and suppliers for purposes of part 
B of title XVIII of such Act shall not impose charges that 
exceed the limiting charge under section 1848(g) of such Act 
(42 U.S.C. 1395w-4(g)) with respect to services described in 
clause (i) provided to enrollees described in such clause. The 
Office of Personnel Management shall notify a physician or 
supplier who is found to have violated this clause and inform 
them of the requirements of this clause and sanctions for such 
a violation. The Office of Personnel Management shall notify 
the Secretary of Health and Human Services if a physician or 
supplier is found to knowingly and willfully violate this 
clause on a repeated basis and the Secretary of Health and 
Human Services may invoke appropriate sanctions in accordance 
with sections 1128A(a) and 1848(g)(1) of such Act (42 U.S.C. 
1320a-7a(a), 1395w-4(g)(1)) and applicable regulations.
    (C) If the Secretary of Health and Human Services 
determines that a violation of this subsection warrants 
excluding a provider from participation for a specified period 
under title XVIII of the Social Security Act, the Office shall 
enforce a corresponding exclusion of such provider for purposes 
of this chapter.
    (2) Notwithstanding any other provision of law, the 
Secretary of Health and Human Services and the Director of the 
Office of Personnel Management, and their agents, shall 
exchange any information necessary to implement this 
subsection.
    (3)(A) Not later than December 1, 1991, and periodically 
thereafter, the Secretary of Health and Human Services (in 
consultation with the Director of the Office of Personnel 
Management) shall supply to carriers of plans described in 
paragraphs (1) through (3) of section 8903 the Medicare program 
information necessary for them to comply with paragraph (1).
    (B) For purposes of this paragraph, the term ``Medicare 
program information'' includes (i) the limitations on hospital 
charges established for Medicare purposes under section 1886 of 
the Social Security Act (42 U.S.C. 1395ww) and the identity of 
hospitals which have in force agreements with the Secretary of 
Health and Human Services consistent with section 1814(a) and 
1866 of the Social Security Act (42 U.S.C. 1395f(a) and 
1395cc), and (ii) the fee schedule amounts and limiting charges 
for physicians' services established under section 1848 of such 
Act (42 U.S.C. 1395w-4) and the identity of participating 
physicians and suppliers who have in force agreements with such 
Secretary under section 1842(h) of such Act (42 U.S.C. 
1395u(h)).
    (4) The Director of the Office of Personnel Management 
shall enter into an arrangement with the Secretary of Health 
and Human Services, to be effective before the first day of the 
fifth month that begins before each contract year, under 
which--
            (A) physicians and suppliers (whether or not 
        participating) under the Medicare program will be 
        notified of the requirements of paragraph (1)(B);
            (B) enforcement procedures will be in place to 
        carry out such paragraph (including enforcement of 
        protections against overcharging of beneficiaries); and
            (C) Medicare program information described in 
        paragraph (3)(B)(ii) will be supplied to carriers under 
        paragraph (3)(A).

Sec. 8905. Election of coverage

    (a) An employee may enroll in an approved health benefits 
plan described by section 8903 or 8903a of this title either as 
an individual or for self and family.
    (b) An annuitant who at the time he becomes an annuitant 
was enrolled in a health benefits plan under this chapter--
            (1) as an employee for a period of not less than--
                    (A) the 5 years of service immediately 
                before retirement;
                    (B) the full period or periods of service 
                between the last day of the first period, as 
                prescribed by regulations of the Office of 
                Personnel Management, in which he is eligible 
                to enroll in the plan and the date on which he 
                becomes an annuitant; or
                    (C) the full period or periods of service 
                beginning with the enrollment which became 
                effective before January 1, 1965, and ending 
                with the date on which he becomes an annuitant;
        whichever is shortest; or
            (2) as a member of the family of an employee or 
        annuitant;
may continue his enrollment under the conditions of eligibility 
prescribed by regulations of the Office. The Office may, in its 
sole discretion, waive the requirements of this subsection in 
the case of an individual who fails to satisfy such 
requirements if the Office determines that, due to exceptional 
circumstances, it would be against equity and good conscience 
not to allow such individual to be enrolled as an annuitant in 
a health benefits plan under this chapter \1\
---------------------------------------------------------------------------
    \1\ Probably should end with a period. See section 2(77)(A) of 
Public Law 102-378 (106 Stat. 1355).
---------------------------------------------------------------------------
    (c)(1) A former spouse may--
            (A) within 60 days after the dissolution of the 
        marriage, or
            (B) in the case of a former spouse of a former 
        employee whose marriage was dissolved after the 
        employee's retirement, within 60 days after the 
        dissolution of the marriage or, if later, within 60 
        days after an election is made under section 8339(j)(3) 
        or 8417(b) of this title for such former spouse by the 
        retired employee,
enroll in an approved health benefits plan described by section 
8903 or 8903a of this title as an individual or for self and 
family as provided in paragraph (2) of this subsection, subject 
to agreement to pay the full subscription charge of the 
enrollment, including the amounts determined by the Office to 
be necessary for administration and reserves pursuant to 
section 8909(b) of this title. The former spouse shall submit 
an enrollment application and make premium payments to the 
agency which, at the time of divorce or annulment, employed the 
employee to whom the former spouse was married or, in the case 
of a former spouse who is receiving annuity payments under 
section 8341(h), 8345(j), 8445, or 8467 of this title, to the 
Office of Personnel Management.
    (2) Coverage for self and family under this subsection 
shall be limited to--
            (A) the former spouse; and
            (B) unmarried dependent natural or adopted children 
        of the former spouse and the employee who are--
                    (i) under 22 years of age; or
                    (ii) incapable of self-support because of 
                mental or physical disability which existed 
                before age 22.
    (d) An individual whom the Secretary of Defense determines 
is an eligible beneficiary under subsection (b) of section 1108 
of title 10 may enroll, as part of the demonstration project 
under such section, in a health benefits plan under this 
chapter in accordance with the agreement under subsection (a) 
of such section between the Secretary and the Office and 
applicable regulations under this chapter.
    (e) If an employee, annuitant, or other individual eligible 
to enroll in a health benefits plan under this chapter has a 
spouse who is also eligible to enroll, either spouse, but not 
both, may enroll for self and family, or each spouse may enroll 
as an individual. However, an individual may not be enrolled 
both as an employee, annuitant, or other individual eligible to 
enroll and as a member of the family.
    (f) An employee, annuitant, former spouse, or person having 
continued coverage under section 8905a of this title enrolled 
in a health benefits plan under this chapter may change his 
coverage or that of himself and members of his family by an 
application filed within 60 days after a change in family 
status or at other times and under conditions prescribed by 
regulations of the Office.
    (g)(1) Under regulations prescribed by the Office, the 
Office shall, before the start of any contract term in which--
            (A) an adjustment is made in any of the rates 
        charged or benefits provided under a health benefits 
        plan described by section 8903 or 8903a of this title.
            (B) a newly approved health benefits plan is 
        offered, or
            (C) an existing plan is terminated,
provide a period of not less than 3 weeks during which any em- 
ployee, annuitant, former spouse, or person having continued 
coverage under section 8905a of this title enrolled in a health 
benefits plan described by such section shall be permitted to 
transfer that individual's enrollment to another such plan or 
to cancel such enrollment.
    (2) In addition to any opportunity afforded under paragraph 
(1) of this subsection, an employee, annuitant, former spouse, 
or person having continued coverage under section 8905a of this 
title enrolled in a health benefits plan, under this chapter 
shall be permitted to transfer that individual's enrollment to 
another such plan, or to cancel such enrollment, at such other 
times and subject to such conditions as the Office may 
prescribe in regulations.
    (3)(A) In addition to any informational requirements 
otherwise applicable under this chapter, the regulations shall 
include provisions to ensure that each employee eligible to 
enroll in a health benefits plan under this chapter (whether 
actually enrolled or not) is notified in writing as to the 
rights afforded under section 8905a of this title.
    (B) Notification under this paragraph shall be provided by 
employing agencies at an appropriate point in time before each 
period under paragraph (1) so that employees may be aware of 
their rights under section 8905a of this title when making 
enrollment decisions during such period.
    (h)(1) An unenrolled employee who is required by a court or 
administrative order to provide health insurance coverage for a 
child who meets the requirements of section 8901(5) may enroll 
for self and family coverage in a health benefits plan under 
this chapter. If such employee fails to enroll for self and 
family coverage in a health benefits plan that provides full 
benefits and services in the location in which the child 
resides, and the employee does not provide documentation 
showing that such coverage has been provided through other 
health insurance, the employing agency shall enroll the 
employee in a self and family enrollment in the option which 
provides the lower level of coverage under the Service Benefit 
Plan.
    (2) An employee who is enrolled as an individual in a 
health benefits plan under this chapter and who is required by 
a court or administrative order to provide health insurance 
coverage for a child who meets the requirements of section 
8901(5) may change to a self and family enrollment in the same 
or another health benefits plan under this chapter. If such 
employee fails to change to a self and family enrollment and 
the employee does not provide documentation showing that such 
coverage has been provided through other health insurance, the 
employing agency shall change the enrollment of the employee to 
a self and family enrollment in the plan in which the employee 
is enrolled if that plan provides full benefits and services in 
the location where the child resides. If the plan in which the 
employee is enrolled does not provide full benefits and 
services in the location in which the child resides, or, if the 
employee fails to change to a self and family enrollment in a 
plan that provides full benefits and services in the location 
where the child resides, the employing agency shall change the 
coverage of the employee to a self and family enrollment in the 
option which provides the lower level of coverage under the 
Service Benefits Plan.
    (3) The employee may not discontinue the self and family 
enrollment in a plan that provides full benefits and services 
in the location in which the child resides for so long as the 
court or administrative order remains in effect and the child 
continues to meet the requirements of section 8901(5), unless 
the employee provides documentation showing that such coverage 
has been provided through other health insurance.

Sec. 8905a. Continued coverage

    (a) Any individual described in paragraph (1) or (2) of 
subsection (b) may elect to continue coverage under this 
chapter in accordance with the provisions of this section.
    (b) This section applies with respect to--
            (1) any employee who--
                    (A) is separated from service, whether 
                voluntarily or involuntarily, except that if 
                the separation is involuntary, this section 
                shall not apply if the separation is for gross 
                misconduct (as defined under regulations which 
                the Office of Personnel Management shall 
                prescribe); and
                    (B) would not otherwise be eligible for any 
                benefits under this chapter (determined without 
                regard to any temporary extension of coverage 
                and without regard to any benefits available 
                under a nongroup contract); and
            (2) any individual who--
                    (A) ceases to meet the requirements for 
                being considered an unmarried dependent child 
                under this chapter;
                    (B) on the day before so ceasing to meet 
                the requirements referred to in subparagraph 
                (A), was covered under a health benefits plan 
                under this chapter as a member of the family of 
                an employee or annuitant; and
                    (C) would not otherwise be eligible for any 
                benefits under this chapter (determined without 
                regard to any temporary extension of coverage 
                and without regard to any benefits available 
                under a nongroup contract).
    (c)(1) The Office shall prescribe regulations and provide 
for the inclusion of appropriate terms in contracts with 
carriers to provide that--
            (A) with respect to an employee who becomes (or 
        will become) eligible for continued coverage under this 
        section as a result of separation from service, the 
        separating agency shall, before the end of the 30-day 
        period beginning on the date as of which coverage 
        (including any temporary extensions of coverage) would 
        otherwise end, notify the individual of such 
        individual's rights under this section; and
            (B) with respect to a child of an employee or 
        annuitant who becomes eligible for continued coverage 
        under this section as a result of ceasing to meet the 
        requirements for being considered a member of the 
        employee's or annuitant's family--
                    (i) the employee or annuitant may provide 
                written notice of the child's change in status 
                (complete with the child's name, address, and 
                such other information as the Office may by 
                regulation require)--
                            (I) to the employee's employing 
                        agency; or
                            (II) in the case of an annuitant, 
                        to the Office; and
                    (ii) if the notice referred to in clause 
                (i) is received within 60 days after the date 
                as of which the child involved first ceases to 
                meet the requirements involved, the employing 
                agency or the Office (as the case may be) must, 
                within 14 days after receiving such notice, 
                notify the child of such child's rights under 
                this section.
    (2) In order to obtain continued coverage under this 
section, an appropriate written election (submitted in such 
manner as the Office by regulation prescribes) must be made--
            (A) in the case of an individual seeking continued 
        coverage based on a separation from service, before the 
        end of the 60-day period beginning on the later of--
                    (i) the effective date of the separation; 
                or
                    (ii) the date the separated individual 
                receives the notice required under paragraph 
                (1)(A); or
            (B) in the case of an individual seeking continued 
        coverage based on a change in circumstances making such 
        individual ineligible for coverage as an unmarried 
        dependent child, before the end of the 60-day period 
        beginning on the later of--
                    (i) the date as of which such individual 
                first ceases to meet the requirements for being 
                considered an unmarried dependent child; or
                    (ii) the date such individual receives 
                notice under paragraph (1)(B)(ii);
        except that if a parent fails to provide the notice 
        required under paragraph (1)(B)(i) in timely fashion, 
        the 60-day period under this subparagraph shall be 
        based on the date under clause (i), irrespective of 
        whether or not any notice under paragraph (1)(B)(ii) is 
        provided.
    (d)(1)(A) Except as provided in paragraphs (4) and (5), an 
individual receiving continued coverage under this section 
shall be required to pay currently into the Employees Health 
Benefits Fund, under arrangements satisfactory to the Office, 
an amount equal to the sum of--
            (i) the employee and agency contributions which 
        would be required in the case of an employee enrolled 
        in the same health benefits plan and level of benefits; 
        and
            (ii) an amount, determined under regulations 
        prescribed by the Office, necessary for administrative 
        expenses, but not to exceed 2 percent of the total 
        amount under clause (i).
    (B) Payments under this section to the Fund shall--
            (i) in the case of an individual whose continued 
        coverage is based on such individual's separation, be 
        made through the agency which last employed such 
        individual; or
            (ii) in the case of an individual whose continued 
        coverage is based on a change in circumstances referred 
        to in subsection (c)(2)(B), be made through--
                    (I) the Office, if, at the time coverage 
                would (but for this section) otherwise have 
                been discontinued, the individual was covered 
                as the child of an annuitant; or
                    (II) if, at the time referred to in 
                subclause (I), the individual was covered as 
                the child of an employee, the employee's 
                employing agency as of such time.
    (2) If an individual elects to continue coverage under this 
section before the end of the applicable period under 
subsection (c)(2), but after such individual's coverage under 
this chapter (including any temporary extensions of coverage) 
expires, coverage shall be restored retroactively, with 
appropriate contributions (determined in accordance with 
paragraph (1), (4), or (5) as the case may be) and claims (if 
any), to the same extent and effect as though no break in 
coverage had occurred.
    (3)(A) An individual making an election under subsection 
(c)(2)(B) may, at such individual's option, elect coverage 
either as an individual or, if appropriate, for self and 
family.
    (B) For the purpose of this paragraph, members of an 
individual's family shall be determined in the same way as 
would apply under this chapter in the case of an enrolled 
employee.
    (C) Nothing in this paragraph shall be considered to limit 
an individual making an election under subsection (c)(2)(A) to 
coverage for self alone.
    (4)(A) If the basis for continued coverage under this 
section is an involuntary separation from a position, or a 
voluntary separation from a surplus position, in or under the 
Department of Defense due to a reduction in force, or the 
Department of Energy due to a reduction in force resulting from 
the establishment of the National Nuclear Security 
Administration--
            (i) the individual shall be liable for not more 
        than the employee contributions referred to in 
        paragraph (1)(A)(i); and
            (ii) the agency which last employed the individual 
        shall pay the remaining portion of the amount required 
        under paragraph (1)(A).
    (B) This paragraph shall apply with respect to any 
individual whose continued coverage is based on a separation 
occurring on or after the date of enactment of this paragraph 
and before--
            (i) October 1, 2003; or
            (ii) February 1, 2004, if specific notice of such 
        separation was given to such individual before October 
        1, 2003.
    (C) For the purpose of this paragraph, ``surplus position'' 
means a position which is identified in pre-reduction-in-force 
planning as no longer required, and which is expected to be 
eliminated under formal reduction-in-force procedures.
    (5)(A) If the basis for continued coverage under this 
section is an involuntary separation from a position in or 
under the Department of Veterans Affairs due to a reduction in 
force or a title 38 staffing readjustment, or a voluntary or 
involuntary separation from a Department of Energy position at 
a Department of Energy facility at which the Secretary is 
carrying out a closure project selected under section 3143 of 
the National Defense Authorization Act for Fiscal Year 1997 (42 
U.S.C. 7274n)--
            (i) the individual shall be liable for not more 
        than the employee contributions referred to in 
        paragraph (1)(A)(i); and
            (ii) the agency which last employed the individual 
        shall pay the remaining portion of the amount required 
        under paragraph (1)(A).
    (B) This paragraph shall only apply with respect to 
individuals whose continued coverage is based on a separation 
occurring on or after the date of the enactment of this 
paragraph.
    (e)(1) Continued coverage under this section may not extend 
beyond--
            (A) in the case of an individual whose continued 
        coverage is based on separation from service, the date 
        which is 18 months after the effective date of the 
        separation; or
            (B) in the case of an individual whose continued 
        coverage is based on ceasing to meet the requirements 
        for being considered an unmarried dependent child, the 
        date which is 36 months after the date on which the 
        individual first ceases to meet those requirements, 
        subject to paragraph (2).
    (2) In the case of an individual who--
            (A) ceases to meet the requirements for being 
        considered an unmarried dependent child;
            (B) as of the day before so ceasing to meet the 
        requirements referred to in subparagraph (A), was 
        covered as the child of a former employee receiving 
        continued coverage under this section based on the 
        former employee's separation from service; and
            (C) so ceases to meet the requirements referred to 
        in subparagraph (A) before the end of the 18-month 
        period beginning on the date of the former employee's 
        separation from service,
extended coverage under this section may not extend beyond the 
date which is 36 months after the separation date referred to 
in subparagraph (C).
    (f)(1) The Office shall prescribe regulations under which, 
in addition to any individual otherwise eligible for continued 
coverage under this section, and to the extent practicable, 
continued coverage may also, upon appropriate written 
application, be afforded under this section--
            (A) to any individual who--
                    (i) if subparagraphs (A) and (C) of 
                paragraph (10) of section 8901 were 
                disregarded, would be eligible to be considered 
                a former spouse within the meaning of such 
                paragraph; but
                    (ii) would not, but for this subsection, be 
                eligible to be so considered; and
            (B) to any individual whose coverage as a family 
        member would otherwise terminate as a result of a legal 
        separation.
    (2) The terms and conditions for coverage under the 
regulations shall include--
            (A) consistent with subsection (c), any necessary 
        notification provisions, and provisions under which an 
        election period of at least 60 days' duration is 
        afforded;
            (B) terms and conditions identical to those under 
        subsection (d), except that contributions to the 
        Employees Health Benefits Fund shall be made through 
        such agency as the Office by regulation prescribes;
            (C) provisions relating to the termination of 
        continued coverage, except that continued coverage 
        under this section may not (subject to paragraph (3)) 
        extend beyond the date which is 36 months after the 
        date on which the qualifying event under this 
        subsection (the date of divorce, annulment, or legal 
        separation, as the case may be) occurs; and
            (D) provisions designed to ensure that any coverage 
        pursuant to this subsection does not adversely affect 
        any eligibility for coverage which the individual 
        involved might otherwise have under this chapter 
        (including as a result of any change in personal 
        circumstances) if this subsection had not been enacted.
    (3) In the case of an individual--
            (A) who becomes eligible for continued coverage 
        under this subsection based on a divorce, annulment, or 
        legal separation from a person who, as of the day 
        before the date of the divorce, annulment, or legal 
        separation (as the case may be) was receiving continued 
        coverage under this section for self and family based 
        on such person's separation from service; and
            (B) whose divorce, annulment, or legal separation 
        (as the case may be) occurs before the end of the 18-
        month period beginning on the date of the separation 
        from service referred to in subparagraph (A),
extended coverage under this section may not extend beyond the 
date which is 36 months after the date of the separation from 
service, as referred to in subparagraph (A).

Sec. 8906. Contributions

    (a)(1) Not later than October 1 of each year, the Office of 
Personnel Management shall determine the weighted average of 
the subscription charges that will be in effect during the 
following contract year with respect to--
            (A) enrollments under this chapter for self alone; 
        and
            (B) enrollments under this chapter for self and 
        family.
    (2) In determining each weighted average under paragraph 
(1), the weight to be given to a particular subscription charge 
shall, with respect to each plan (and option) to which it is to 
apply, be commensurate with the number of enrollees enrolled in 
such plan (and option) as of March 31 of the year in which the 
determination is being made.
    (3) For purposes of paragraph (2), the term ``enrollee'' 
means any individual who, during the contract year for which 
the weighted average is to be used under this section, will be 
eligible for a Government contribution for health benefits.
    (b)(1) Except as provided in paragraphs (2) and (3), the 
biweekly Government contribution for health benefits for an 
employee or annuitant enrolled in a health benefits plan under 
this chapter is adjusted to an amount equal to 72 percent of 
the weighted average under subsection (a)(1) (A) or (B), as 
applicable. For an employee, the adjustment begins on the first 
day of the employee's first pay period of each year. For an 
annuitant, the adjustment begins on the first day of the first 
period of each year for which an annuity payment is made.
    (2) The biweekly Government contribution for an employee or 
annuitant enrolled in a plan under this chapter shall not 
exceed 75 percent of the subscription charge.
    (3) In the case of an employee who is occupying a position 
on a part-time career employment basis (as defined in section 
3401(2) of this title), the biweekly Government contribution 
shall be equal to the percentage which bears the same ratio to 
the percentage determined under this subsection (without regard 
to this paragraph) as the average number of hours of such 
employee's regularly scheduled workweek bears to the average 
number of hours in the regularly scheduled workweek of an 
employee serving in a comparable position on a full-time career 
basis (as determined under regulations prescribed by the 
Office).
    (4) In the case of persons who are enrolled in a health 
benefits plan as part of the demonstration project under 
section 1108 of title 10, the Government contribution shall be 
subject to the limitation set forth in subsection (i) of that 
section.
    (c) There shall be withheld from the pay of each enrolled 
employee and (except as provided in subsection (i) of this 
section) the annuity of each enrolled annuitant and there shall 
be contributed by the Government, amounts, in the same ratio as 
the contributions of the employee or annuitant and the 
Government under subsection (b) of this section, which are 
necessary for the administrative costs and the reserves 
provided for by section 8909(b) of this title.
    (d) The amount necessary to pay the total charge for 
enrollment, after the Government contribution is deducted, 
shall be withheld from the pay of each enrolled employee and 
(except as provided in subsection (i) of this section) from the 
annuity of each enrolled annuitant. The withholding for an 
annuitant shall be the same as that for an employee enrolled in 
the same health benefits plan and level of benefits.
    (e)(1)(A) An employee enrolled in a health benefits plan 
under this chapter who is placed in a leave without pay status 
may have his coverage and the coverage of members of his family 
continued under the plan for not to exceed 1 year under 
regulations prescribed by the Office.
            (B) \1\ During each pay period in which an 
        enrollment continues under subparagraph (A)--
---------------------------------------------------------------------------
    \1\ So in original. The margin of this subparagraph probably should 
be set full measure.
---------------------------------------------------------------------------
                    (i) employee and Government contributions 
                required by this section shall be paid on a 
                current basis; and
                    (ii) if necessary, the head of the 
                employing agency shall approve advance payment, 
                recoverable in the same manner as under section 
                5524a(c), of a portion of basic pay sufficient 
                to pay current employee contributions.
            (C) \1\ Each agency shall establish procedures for 
        accepting direct payments of employee contributions for 
        the purposes of this paragraph.
    (2) An employee who enters on approved leave without pay to 
serve as a full-time officer or employee of an organization 
composed primarily of employees as defined by section 8901 of 
this title, within 60 days after entering on that leave without 
pay, may file with his employing agency an election to continue 
his health benefits enrollment and arrange to pay currently 
into the Employees Health Benefits Fund, through his employing 
agency, both employee and agency contributions from the 
beginning of leave without pay. The employing agency shall 
forward the enrollment charges so paid to the Fund. If the 
employee does not so elect, his enrollment will continue during 
nonpay status and end as provided by paragraph (1) of this 
subsection and implementing regulations.
    (f) The Government contributions for health benefits for an 
employee shall be paid--
            (1) in the case of employees generally, from the 
        appropriation or fund which is used to pay the 
        employee;
            (2) in the case of an elected official, from an 
        appropriation or fund available for payment of other 
        salaries of the same office or establishment;
            (3) in the case of an employee of the legislative 
        branch who is paid by the Chief Administrative Officer 
        of the House of Representatives, from the applicable 
        accounts of the House of Representatives; and
            (4) in the case of an employee in a leave without 
        pay status, from the appropriation or fund which would 
        be used to pay the employee if he were in a pay status.
    (g)(1) Except as provided in paragraphs (2) and (3), the 
Government contributions authorized by this section for health 
benefits for an annuitant shall be paid from annual 
appropriations which are authorized to be made for that purpose 
and which may be made available until expended.
    (2)(A) The Government contributions authorized by this 
section for health benefits for an individual who first becomes 
an annuitant by reason of retirement from employment with the 
United States Postal Service on or after July 1, 1971, or for a 
survivor of such an individual or of an individual who died on 
or after July 1, 1971, while employed by the United States 
Postal Service, shall be paid by the United States Postal 
Service.
    (B) In determining any amount for which the Postal Service 
is liable under this paragraph, the amount of the liability 
shall be prorated to reflect only that portion of total service 
which is attributable to civilian service performed (by the 
former postal employee or by the deceased individual referred 
to in subparagraph (A), as the case may be) after June 30, 
1971, as estimated by the Office of Personnel Management.
    (3) The Government contribution for persons enrolled in a 
health benefits plan as part of the demonstration project under 
section 1108 of title 10 shall be paid as provided in 
subsection (i) of that section.
    (h) The Office shall provide for conversion of biweekly 
rates of contribution specified by this section to rates for 
employees and annuitants paid on other than a biweekly basis, 
and for this purpose may provide for the adjustment of the 
converted rate to the nearest cent.
    (i) An annuitant whose annuity is insufficient to cover the 
withholdings required for enrollment in a particular health 
benefits plan may enroll (or remain enrolled) in such plan, 
notwithstanding any other provision of this section, if the 
annuitant elects, under conditions prescribed by regulations of 
the Office, to pay currently into the Employees Health Benefits 
Fund, through the retirement system that administers the 
annuitant's health benefits enrollment, an amount equal to the 
withholdings that would otherwise be required under this 
section.

Sec. 8906a. Temporary employees

    (a)(1) The Office of Personnel Management shall prescribe 
regulations to provide for offering health benefits plans to 
temporary employees (who meet the requirements of paragraph 
(2)) under the provisions of this chapter.
    (2) To be eligible to participate in a health benefits plan 
offered under this section a temporary employee shall have 
completed 1 year of current continuous employment, excluding 
any break in service of 5 days or less.
    (b) Notwithstanding the provisions of section 8906--
            (1) any temporary employee enrolled in a health 
        benefits plan under this section shall have an amount 
        withheld from the pay of such employee, as determined 
        by the Office of Personnel Management, equal to--
                    (A) the amount withheld from the pay of an 
                employee under the provisions of section 8906; 
                and
                    (B) the amount of the Government 
                contribution for an employee under section 
                8906; and
            (2) the employing agency of any such temporary 
        employee shall not pay the Government contribution 
        under the provisions of section 8906.

Sec. 8907. Information to individuals eligible to enroll

    (a) The Office of Personnel Management shall make available 
to each individual eligible to enroll in a health benefits plan 
under this chapter such information, in a form acceptable to 
the Office after consultation with the carrier, as may be 
necessary to enable the individual to exercise an informed 
choice among the types of plans described by sections 8903 and 
8903a of this title.
    (b) Each enrollee in a health benefits plan shall be issued 
an appropriate document setting forth or summarizing the--
            (1) services or benefits, including maximums, 
        limitations, and exclusions, to which the enrollee or 
        the enrollee and any eligible family members are 
        entitled thereunder;
            (2) procedure for obtaining benefits; and
            (3) principal provisions of the plan affecting the 
        enrollee and any eligible family members.

Sec. 8908. Coverage of restored employees and survivor or disability 
                    annuitants

    (a) An employee enrolled in a health benefits plan under 
this chapter who is removed or suspended without pay and later 
reinstated or restored to duty on the ground that the removal 
or suspension was unjustified or unwarranted may, at his 
option, enroll as a new employee or have his coverage restored, 
with appropriate adjustments made in contributions and claims, 
to the same extent and effect as though the removal or 
suspension had not taken place.
    (b) A surviving spouse whose survivor annuity under this 
title was terminated because of remarriage and is later 
restored may, under such regulations as the Office of Personnel 
Management may prescribe, enroll in a health benefits plan 
described by section 8903 or 8903a of this title if such spouse 
was covered by any such plan immediately before such annuity 
was terminated.
    (c) A disability annuitant whose disability annuity under 
section 8337 of this title was terminated and is later restored 
under the second or third sentence of subsection (e) of such 
section may, under regulations prescribed by the Office, enroll 
in a health benefits plan described by section 8903 or 8903a of 
this title if such annuitant was covered by any such plan 
immediately before such annuity was terminated.
    (d) A surviving child whose survivor annuity under section 
8341(e) or 8443(b) was terminated and is later restored under 
paragraph (4) of section 8341(e) or the last sentence of 
section 8443(b) may, under regulations prescribed by the 
Office, enroll in a health benefits plan described by section 
8903 or 8903a if such surviving child was covered by any such 
plan immediately before such annuity was terminated.

Sec. 8909. Employees Health Benefits Fund

    (a) There is in the Treasury of the United States an 
Employees Health Benefits Fund which is administered by the 
Office of Personnel Management. The contributions of enrollees 
and the Government described by section 8906 of this title 
shall be paid into the Fund. The Fund is available--
            (1) without fiscal year limitation for all payments 
        to approved health benefits plans; and
            (2) to pay expenses for administering this chapter 
        within the limitations that may be specified annually 
        by Congress.
Payments from the Fund to a plan participating in a letter-of-
credit arrangement under this chapter shall, in connection with 
any payment or reimbursement to be made by such plan for a 
health service or supply, be made, to the maximum extent 
practicable, on a checks-presented basis (as defined under 
regulations of the Department of the Treasury).
    (b) Portions of the contributions made by enrollees and the 
Government shall be regularly set aside in the Fund as follows:
            (1) A percentage, not to exceed 1 percent of all 
        contributions, determined by the Office to be 
        reasonably adequate to pay the administrative expenses 
        made available by subsection (a) of this section.
            (2) For each health benefits plan, a percentage, 
        not to exceed 3 percent of the contributions toward the 
        plan, determined by the Office to be reasonably 
        adequate to provide a contingency reserve.
The Office, from time to time and in amounts it considers 
appropriate, may transfer unused funds for administrative 
expenses to the contingency reserves of the plans then under 
contract with the Office. When funds are so transferred, each 
contingency reserve shall be credited in proportion to the 
total amount of the subscription charges paid and accrued to 
the plan for the contract term immediately before the contract 
term in which the transfer is made. The income derived from 
dividends, rate adjustments, or other refunds made by a plan 
shall be credited to its contingency reserve. The contingency 
reserves may be used to defray increases in future rates, or 
may be applied to reduce the contributions of enrollees and the 
Government to, or to increase the benefits provided by, the 
plan from which the reserves are derived, as the Office from 
time to time shall determine.
    (c) The Secretary of the Treasury may invest and reinvest 
any of the money in the Fund in interest-bearing obligations of 
the United States, and may sell these obligations for the 
purposes of the Fund. The interest on and the proceeds from the 
sale of these obligations become a part of the Fund.
    (d) When the assets, liabilities, and membership of 
employee organizations sponsoring or underwriting plans 
approved under section 8903(3) or 8903a of this title are 
merged, the assets (including contingency reserves) and 
liabilities of the plans sponsored or underwritten by the 
merged organizations shall be transferred at the beginning of 
the contract term next following the date of the merger to the 
plan sponsored or underwritten by the successor organization. 
Each employee, annuitant, former spouse, or person having 
continued coverage under section 8905a of this title affected 
by a merger shall be transferred to the plan sponsored or 
underwritten by the successor organization unless he enrolls in 
another plan under this chapter. If the successor organization 
is an organization described in section 8901(8)(B) of this 
title, any employee, annuitant, former spouse, or person having 
continued coverage under section 8905a of this title so 
transferred may not remain enrolled in the plan after the end 
of the contract term in which the merger occurs unless that 
individual is a full member of such organization (as determined 
under section 8903a(d) of this title).
    (e)(1) Except as provided by subsection (d) of this 
section, when a plan described by section 8903(3) or (4) or 
8903a of this title is discontinued under this chapter, the 
contingency reserve of that plan shall be credited to the 
contingency reserves of the plans continuing under this chapter 
for the contract term following that in which termination 
occurs, each reserve to be credited in proportion to the amount 
of the subscription charges paid and accrued to the plan for 
the year of termination.
    (2) Any crediting required under paragraph (1) pursuant to 
the discontinuation of any plan under this chapter shall be 
completed by the end of the second contract year beginning 
after such plan is so discontinued.
    (3) The Office shall prescribe regulations in accordance 
with which this subsection shall be applied in the case of any 
plan which is discontinued before being credited with the full 
amount to which it would otherwise be entitled based on the 
discontinuation of any other plan.
    (f)(1) No tax, fee, or other monetary payment may be 
imposed, directly or indirectly, on a carrier or an 
underwriting or plan administration subcontractor of an 
approved health benefits plan by any State, the District of 
Columbia, or the Commonwealth of Puerto Rico, or by any 
political subdivision or other governmental authority thereof, 
with respect to any payment made from the Fund.
    (2) Paragraph (1) shall not be construed to exempt any 
carrier or underwriting or plan administration subcontractor of 
an approved health benefits plan from the imposition, payment, 
or collection of a tax, fee, or other monetary payment on the 
net income or profit accruing to or realized by such carrier or 
underwriting or plan administration subcontractor from business 
conducted under this chapter, if that tax, fee, or payment is 
applicable to a broad range of business activity.
    (g) The fund described in subsection (a) is available to 
pay costs that the Office incurs for activities associated with 
implementation of the demonstration project under section 1108 
of title 10.

Sec. 8910. Studies, reports, and audits

    (a) The Office of Personnel Management shall make a 
continuing study of the operation and administration of this 
chapter, including surveys and reports on health benefits plans 
available to employees and on the experience of the plans.
    (b) Each contract entered into under section 8902 of this 
title shall contain provisions requiring carriers to--
            (1) furnish such reasonable reports as the Office 
        determines to be necessary to enable it to carry out 
        its functions under this chapter; and
            (2) permit the Office and representatives of the 
        General Accounting Office to examine records of the 
        carriers as may be necessary to carry out the purposes 
        of this chapter.
    (c) Each Government agency shall keep such records, make 
such certifications, and furnish the Office with such 
information and reports as may be necessary to enable the 
Office to carry out its functions under this chapter.
    (d) The Office, in consultation with the Department of 
Health and Human Services, shall develop and implement a system 
through which the carrier for an approved health benefits plan 
described by section 8903 or 8903a will be able to identify 
those annuitants or other individuals covered by such plan who 
are entitled to benefits under part A or B of title XVIII of 
the Social Security Act in order to ensure that payments under 
coordination of benefits with Medicare do not exceed the 
statutory maximums which physicians may charge Medicare 
enrollees.

Sec. 8911. Advisory committee

    The Director of the Office of Personnel Management shall 
appoint a committee composed of five members, who serve without 
pay, to advise the Office regarding matters of concern to 
employees under this chapter. Each member of the committee 
shall be an employee enrolled under this chapter or an elected 
official of an employee organization.

Sec. 8912. Jurisdiction of courts

    The district courts of the United States have original 
jurisdiction, concurrent with the United States Claims Court, 
of a civil action or claim against the United States founded on 
this chapter.

Sec. 8913. Regulations

    (a) The Office of Personnel Management may prescribe 
regulations necessary to carry out this chapter.
    (b) The regulations of the Office may prescribe the time at 
which and the manner and conditions under which an employee is 
eligible to enroll in an approved health benefits plan 
described in section 8903 or 8903a of this title. The 
regulations may exclude an employee on the basis of the nature 
and type of his employment or conditions pertaining to it, such 
as short-term appointment, seasonal or intermittent employment, 
and employment of like nature. The Office may not exclude--
            (1) an employee or group of employees solely on the 
        basis of the hazardous nature of employment;
            (2) a teacher in the employ of the Board of 
        Education of the District of Columbia, whose pay is 
        fixed by section 1501 of title 31, District of Columbia 
        Code, on the basis of the fact that the teacher is 
        serving under a temporary appointment if the teacher 
        has been so employed by the Board for a period or 
        periods totaling not less than two school years;
            (3) an employee who is occupying a position on a 
        part-time career employment basis (as defined in 
        section 3401(2) of this title); or
            (4) an employee who is employed on a temporary 
        basis and is eligible under section 8906a(a).
    (c) The regulations of the Office shall provide for the 
beginning and ending dates of coverage of employees, 
annuitants, members of their families, and former spouses under 
health benefit plans. The regulations may permit the coverage 
to continue, exclusive of the temporary extension of coverage 
described by section 8902(g) of this title, until the end of 
the pay period in which an employee is separated from the 
service, or until the end of the month in which an annuitant or 
former spouse ceases to be entitled to annuity, and in case of 
the death of an employee or annuitant, may permit a temporary 
extension of the coverage of members of his family for not to 
exceed 90 days.
    (d) The Secretary of Agriculture shall prescribe 
regulations to effect the application and operation of this 
chapter to an individual named by section 8901(1) (H) of this 
title.

Sec. 8914. Effect of other statutes

    Any provision of law outside of this chapter which provides 
coverage or any other benefit under this chapter to any 
individuals who (based on their being employed by an entity 
other than the Government) would not otherwise be eligible for 
any such coverage or benefit shall not apply with respect to 
any individual appointed, transferred, or otherwise commencing 
that type of employment on or after October 1, 1988.



                  CHAPTER 90--LONG-TERM CARE INSURANCE

Sec.
9001.    Definitions.
9002.    Availability of insurance.
9003.    Contracting authority.
9004.    Financing.
9005.    Preemption.
9006.    Studies, reports, and audits.
9007.    Jurisdiction of courts.
9008.    Administrative functions.
9009.    Cost accounting standards.

Sec. 9001. Definitions

    For purposes of this chapter:
            (1) Employee.--The term ``employee'' means--
                    (A) an employee as defined by section 
                8901(1);
                    (B) an individual described in section 
                2105(e); and
                    (C) an individual employed by the Tennessee 
                Valley Authority,
        but does not include an individual employed by the 
        government of the District of Columbia.
            (2) Annuitant.--The term ``annuitant'' has the 
        meaning such term would have under paragraph (3) of 
        section 8901 if, for purposes of such paragraph, the 
        term ``employee'' were considered to have the meaning 
        given to it under paragraph (1) of this subsection.
            (3) Member of the uniformed services.--The term 
        ``member of the uniformed services'' means a member of 
        the uniformed services, other than a retired member of 
        the uniformed services, who is--
                    (A) on active duty or full-time National 
                Guard duty for a period of more than 30 days; 
                and
                    (B) a member of the Selected Reserve.
            (4) Retired member of the uniformed services.--The 
        term ``retired member of the uniformed services'' means 
        a member or former member of the uniformed services 
        entitled to retired or retainer pay, including a member 
        or former member retired under chapter 1223 of title 10 
        who has attained the age of 60 and who satisfies such 
        eligibility requirements as the Office of Personnel 
        Management prescribes under section 9008.
            (5) Qualified relative.--The term ``qualified 
        relative'' means each of the following:
                    (A) The spouse of an individual described 
                in paragraph (1), (2), (3), or (4).
                    (B) A parent, stepparent, or parent-in-law 
                of an individual described in paragraph (1) or 
                (3).
                    (C) A child (including an adopted child, a 
                stepchild, or, to the extent the Office of 
                Personnel Management by regulation provides, a 
                foster child) of an individual described in 
                paragraph (1), (2), (3), or (4), if such child 
                is at least 18 years of age.
                    (D) An individual having such other 
                relationship to an individual described in 
                paragraph (1), (2), (3), or (4) as the Office 
                may by regulation prescribe.
            (6) Eligible individual.--The term ``eligible 
        individual'' refers to an individual described in 
        paragraph (1), (2), (3), (4), or (5).
            (7) Qualified carrier.--The term ``qualified 
        carrier'' means an insurance company (or consortium of 
        insurance companies) that is licensed to issue long-
        term care insurance in all States, taking any 
        subsidiaries of such a company into account (and, in 
        the case of a consortium, considering the member 
        companies and any subsidiaries thereof, collectively).
            (8) State.--The term ``State'' includes the 
        District of Columbia.
            (9) Qualified long-term care insurance contract.--
        The term ``qualified long-term care insurance 
        contract'' has the meaning given such term by section 
        7702B of the Internal Revenue Code of 1986.
            (10) Appropriate secretary.--The term ``appropriate 
        Secretary'' means--
                    (A) except as otherwise provided in this 
                paragraph, the Secretary of Defense;
                    (B) with respect to the Coast Guard when it 
                is not operating as a service of the Navy, the 
                Secretary of Transportation;
                    (C) with respect to the commissioned corps 
                of the National Oceanic and Atmospheric 
                Administration, the Secretary of Commerce; and
                    (D) with respect to the commissioned corps 
                of the Public Health Service, the Secretary of 
                Health and Human Services.

Sec. 9002. Availability of insurance

    (a) In General.--The Office of Personnel Management shall 
establish and, in consultation with the appropriate 
Secretaries, administer a program through which an individual 
described in paragraph (1), (2), (3), (4), or (5) of section 
9001 may obtain long-term care insurance coverage under this 
chapter for such individual.
    (b) General Requirements.--Long-term care insurance may not 
be offered under this chapter unless--
            (1) the only coverage provided is under qualified 
        long-term care insurance contracts; and
            (2) each insurance contract under which any such 
        coverage is provided is issued by a qualified carrier.
    (c) Documentation Requirement.--As a condition for 
obtaining long-term care insurance coverage under this chapter 
based on one's status as a qualified relative, an applicant 
shall provide documentation to demonstrate the relationship, as 
prescribed by the Office.
    (d) Underwriting Standards.--
            (1) Disqualifying condition.--Nothing in this 
        chapter shall be considered to require that long-term 
        care insurance coverage be made available in the case 
        of any individual who would be eligible for benefits 
        immediately.
            (2) Spousal parity.--For the purpose of 
        underwriting standards, a spouse of an individual 
        described in paragraph (1), (2), (3), or (4) of section 
        9001 shall, as nearly as practicable, be treated like 
        that individual.
            (3) Guaranteed issue.--Nothing in this chapter 
        shall be considered to require that long-term care 
        insurance coverage be guaranteed to an eligible 
        individual.
            (4) Requirement that contract be fully insured.--In 
        addition to the requirements otherwise applicable under 
        section 9001(9), in order to be considered a qualified 
        long-term care insurance contract for purposes of this 
        chapter, a contract must be fully insured, whether 
        through reinsurance with other companies or otherwise.
            (5) Higher standards allowable.--Nothing in this 
        chapter shall, in the case of an individual applying 
        for long-term care insurance coverage under this 
        chapter after the expiration of such individual's first 
        opportunity to enroll, preclude the application of 
        underwriting standards more stringent than those that 
        would have applied if that opportunity had not yet 
        expired.
    (e) Guaranteed Renewability.--The benefits and coverage 
made available to eligible individuals under any insurance 
contract under this chapter shall be guaranteed renewable (as 
defined by section 7A(2) of the model regulations described in 
section 7702B(g)(2) of the Internal Revenue Code of 1986), 
including the right to have insurance remain in effect so long 
as premiums continue to be timely made. However, the authority 
to revise premiums under this chapter shall be available only 
on a class basis and only to the extent otherwise allowable 
under section 9003(b).

Sec. 9003. Contracting authority

    (a) In General.--The Office of Personnel Management shall, 
without regard to section 5 of title 41 or any other statute 
requiring competitive bidding, contract with one or more 
qualified carriers for a policy or policies of long-term care 
insurance. The Office shall ensure that each resulting contract 
(hereafter in this chapter referred to as a ``master 
contract'') is awarded on the basis of contractor 
qualifications, price, and reasonable competition.
    (b) Terms and Conditions.--
            (1) In general.--Each master contract under this 
        chapter shall contain--
                    (A) a detailed statement of the benefits 
                offered (including any maximums, limitations, 
                exclusions, and other definitions of benefits);
                    (B) the premiums charged (including any 
                limitations or other conditions on their 
                subsequent adjustment);
                    (C) the terms of the enrollment period; and
                    (D) such other terms and conditions as may 
                be mutually agreed to by the Office and the 
                carrier involved, consistent with the 
                requirements of this chapter.
            (2) Premiums.--Premiums charged under each master 
        contract entered into under this section shall 
        reasonably and equitably reflect the cost of the 
        benefits provided, as determined by the Office. The 
        premiums shall not be adjusted during the term of the 
        contract unless mutually agreed to by the Office and 
        the carrier.
            (3) Nonrenewability.--Master contracts under this 
        chapter may not be made automatically renewable.
    (c) Payment of Required Benefits; Dispute Resolution.--
            (1) In general.--Each master contract under this 
        chapter shall require the carrier to agree--
                    (A) to provide payments or benefits to an 
                eligible individual if such individual is 
                entitled thereto under the terms of the 
                contract; and
                    (B) with respect to disputes regarding 
                claims for payments or benefits under the terms 
                of the contract--
                            (i) to establish internal 
                        procedures designed to expeditiously 
                        resolve such disputes; and
                            (ii) to establish, for disputes not 
                        resolved through procedures under 
                        clause (i), procedures for one or more 
                        alternative means of dispute resolution 
                        involving independent third-party 
                        review under appropriate circumstances 
                        by entities mutually acceptable to the 
                        Office and the carrier.
            (2) Eligibility.--A carrier's determination as to 
        whether or not a particular individual is eligible to 
        obtain long-term care insurance coverage under this 
        chapter shall be subject to review only to the extent 
        and in the manner provided in the applicable master 
        contract.
            (3) Other claims.--For purposes of applying the 
        Contract Disputes Act of 1978 to disputes arising under 
        this chapter between a carrier and the Office--
                    (A) the agency board having jurisdiction to 
                decide an appeal relative to such a dispute 
                shall be such board of contract appeals as the 
                Director of the Office of Personnel Management 
                shall specify in writing (after appropriate 
                arrangements, as described in section 8(c) of 
                such Act); and
                    (B) the district courts of the United 
                States shall have original jurisdiction, 
                concurrent with the United States Court of 
                Federal Claims, of any action described in 
                section 10(a)(1) of such Act relative to such a 
                dispute.
            (4) Rule of construction.--Nothing in this chapter 
        shall be considered to grant authority for the Office 
        or a third-party reviewer to change the terms of any 
        contract under this chapter.
    (d) Duration.--
            (1) In general.--Each master contract under this 
        chapter shall be for a term of 7 years, unless 
        terminated earlier by the Office in accordance with the 
        terms of such contract. However, the rights and 
        responsibilities of the enrolled individual, the 
        insurer, and the Office (or duly designated third-party 
        administrator) under such contract shall continue with 
        respect to such individual until the termination of 
        coverage of the enrolled individual or the effective 
        date of a successor contract thereto.
            (2) Exception.--
                    (A) Shorter duration.--In the case of a 
                master contract entered into before the end of 
                the period described in subparagraph (B), 
                paragraph (1) shall be applied by substituting 
                ``ending on the last day of the 7-year period 
                described in paragraph (2)(B)'' for ``of 7 
                years''.
                    (B) Definition.--The period described in 
                this subparagraph is the 7-year period 
                beginning on the earliest date as of which any 
                long-term care insurance coverage under this 
                chapter becomes effective.
            (3) Congressional notification.--No later than 180 
        days after receiving the second report required under 
        section 9006(c), the President (or his designee) shall 
        submit to the Committees on Government Reform and on 
        Armed Services of the House of Representatives and the 
        Committees on Governmental Affairs and on Armed 
        Services of the Senate, a written recommendation as to 
        whether the program under this chapter should be 
        continued without modification, terminated, or 
        restructured. During the 180-day period following the 
        date on which the President (or his designee) submits 
        the recommendation required under the preceding 
        sentence, the Office of Personnel Management may not 
        take any steps to rebid or otherwise contract for any 
        coverage to be available at any time following the 
        expiration of the 7-year period described in paragraph 
        (2)(B).
            (4) Full portability.--Each master contract under 
        this chapter shall include such provisions as may be 
        necessary to ensure that, once an individual becomes 
        duly enrolled, long-term care insurance coverage 
        obtained by such individual pursuant to that enrollment 
        shall not be terminated due to any change in status 
        (such as separation from Government service or the 
        uniformed services) or ceasing to meet the requirements 
        for being considered a qualified relative (whether as a 
        result of dissolution of marriage or otherwise).

Sec. 9004. Financing

    (a) In General.--Each eligible individual obtaining long-
term care insurance coverage under this chapter shall be 
responsible for 100 percent of the premiums for such coverage.
    (b) Withholdings.--
            (1) In general.--The amount necessary to pay the 
        premiums for enrollment may--
                    (A) in the case of an employee, be withheld 
                from the pay of such employee;
                    (B) in the case of an annuitant, be 
                withheld from the annuity of such annuitant;
                    (C) in the case of a member of the 
                uniformed services described in section 
                9001(3), be withheld from the pay of such 
                member; and
                    (D) in the case of a retired member of the 
                uniformed services described in section 
                9001(4), be withheld from the retired pay or 
                retainer pay payable to such member.
            (2) Voluntary withholdings for qualified 
        relatives.--Withholdings to pay the premiums for 
        enrollment of a qualified relative may, upon election 
        of the appropriate eligible individual (described in 
        section 9001(1)-(4)), be withheld under paragraph (1) 
        to the same extent and in the same manner as if 
        enrollment were for such individual.
    (c) Direct Payments.--All amounts withheld under this 
section shall be paid directly to the carrier.
    (d) Other Forms of Payment.--Any enrollee who does not 
elect to have premiums withheld under subsection (b) or whose 
pay, annuity, or retired or retainer pay (as referred to in 
subsection (b)(1)) is insufficient to cover the withholding 
required for enrollment (or who is not receiving any regular 
amounts from the Government, as referred to in subsection 
(b)(1), from which any such withholdings may be made, and whose 
premiums are not otherwise being provided for under subsection 
(b)(2)) shall pay an amount equal to the full amount of those 
charges directly to the carrier.
    (e) Separate Accounting Requirement.--Each carrier 
participating under this chapter shall maintain records that 
permit it to account for all amounts received under this 
chapter (including investment earnings on those amounts) 
separate and apart from all other funds.
    (f ) Reimbursements.--
            (1) Reasonable initial costs.--
                    (A) In general.--The Employees' Life 
                Insurance Fund is available, without fiscal 
                year limitation, for reasonable expenses 
                incurred by the Office of Personnel Management 
                in administering this chapter before the start 
                of the 7-year period described in section 
                9003(d)(2)(B), including reasonable 
                implementation costs.
                    (B) Reimbursement requirement.--Such Fund 
                shall be reimbursed, before the end of the 
                first year of that 7-year period, for all 
                amounts obligated or expended under 
                subparagraph (A) (including lost investment 
                income). Such reimbursement shall be made by 
                carriers, on a pro rata basis, in accordance 
                with appropriate provisions which shall be 
                included in master contracts under this 
                chapter.
            (2) Subsequent costs.--
                    (A) In general.--There is hereby 
                established in the Employees' Life Insurance 
                Fund a Long-Term Care Administrative Account, 
                which shall be available to the Office, without 
                fiscal year limitation, to defray reasonable 
                expenses incurred by the Office in 
                administering this chapter after the start of 
                the 7-year period described in section 
                9003(d)(2)(B).
                    (B) Reimbursement requirement.--Each master 
                contract under this chapter shall include 
                appropriate provisions under which the carrier 
                involved shall, during each year, make such 
                periodic contributions to the Long-Term Care 
                Administrative Account as necessary to ensure 
                that the reasonable anticipated expenses of the 
                Office in administering this chapter during 
                such year (adjusted to reconcile for any 
                earlier overestimates or underestimates under 
                this subparagraph) are defrayed.

Sec. 9005. Preemption

    The terms of any contract under this chapter which relate 
to the nature, provision, or extent of coverage or benefits 
(including payments with respect to benefits) shall supersede 
and preempt any State or local law, or any regulation issued 
thereunder, which relates to long-term care insurance or 
contracts.

Sec. 9006. Studies, reports, and audits

    (a) Provisions Relating to Carriers.--Each master contract 
under this chapter shall contain provisions requiring the 
carrier--
            (1) to furnish such reasonable reports as the 
        Office of Personnel Management determines to be 
        necessary to enable it to carry out its functions under 
        this chapter; and
            (2) to permit the Office and representatives of the 
        General Accounting Office to examine such records of 
        the carrier as may be necessary to carry out the 
        purposes of this chapter.
    (b) Provisions Relating to Federal Agencies.--Each Federal 
agency shall keep such records, make such certifications, and 
furnish the Office, the carrier, or both, with such information 
and reports as the Office may require.
    (c) Reports by the General Accounting Office.--The General 
Accounting Office shall prepare and submit to the President, 
the Office of Personnel Management, and each House of Congress, 
before the end of the third and fifth years during which the 
program under this chapter is in effect, a written report 
evaluating such program. Each such report shall include an 
analysis of the competitiveness of the program, as compared to 
both group and individual coverage generally available to 
individuals in the private insurance market. The Office shall 
cooperate with the General Accounting Office to provide 
periodic evaluations of the program.

Sec. 9007. Jurisdiction of courts

    The district courts of the United States have original 
jurisdiction of a civil action or claim described in paragraph 
(1) or (2) of section 9003(c), after such administrative 
remedies as required under such paragraph (1) or (2) (as 
applicable) have been exhausted, but only to the extent 
judicial review is not precluded by any dispute resolution or 
other remedy under this chapter.

Sec. 9008. Administrative functions

    (a) In General.--The Office of Personnel Management shall 
prescribe regulations necessary to carry out this chapter.
    (b) Enrollment Periods.--The Office shall provide for 
periodic coordinated enrollment, promotion, and education 
efforts in consultation with the carriers.
    (c) Consultation.--Any regulations necessary to effect the 
application and operation of this chapter with respect to an 
eligible individual described in paragraph (3) or (4) of 
section 9001, or a qualified relative thereof, shall be 
prescribed by the Office in consultation with the appropriate 
Secretary.
    (d) Informed Decisionmaking.--The Office shall ensure that 
each eligible individual applying for long-term care insurance 
under this chapter is furnished the information necessary to 
enable that individual to evaluate the advantages and 
disadvantages of obtaining long-term care insurance under this 
chapter, including the following:
            (1) The principal long-term care benefits and 
        coverage available under this chapter, and how those 
        benefits and coverage compare to the range of long-term 
        care benefits and coverage otherwise generally 
        available.
            (2) Representative examples of the cost of long-
        term care, and the sufficiency of the benefits 
        available under this chapter relative to those costs. 
        The information under this paragraph shall also 
        include--
                    (A) the projected effect of inflation on 
                the value of those benefits; and
                    (B) a comparison of the inflation-adjusted 
                value of those benefits to the projected future 
                costs of long-term care.
            (3) Any rights individuals under this chapter may 
        have to cancel coverage, and to receive a total or 
        partial refund of premiums. The information under this 
        paragraph shall also include--
                    (A) the projected number or percentage of 
                individuals likely to fail to maintain their 
                coverage (determined based on lapse rates 
                experienced under similar group long-term care 
                insurance programs and, when available, this 
                chapter); and
                    (B)(i) a summary description of how and 
                when premiums for long-term care insurance 
                under this chapter may be raised;
                    (ii) the premium history during the last 10 
                years for each qualified carrier offering long-
                term care insurance under this chapter; and
                    (iii) if cost increases are anticipated, 
                the projected premiums for a typical insured 
                individual at various ages.
            (4) The advantages and disadvantages of long-term 
        care insurance generally, relative to other means of 
        accumulating or otherwise acquiring the assets that may 
        be needed to meet the costs of long-term care, such as 
        through tax-qualified retirement programs or other 
        investment vehicles.

Sec. 9009. Cost accounting standards

    The cost accounting standards issued pursuant to section 
26(f ) of the Office of Federal Procurement Policy Act (41 
U.S.C. 422(f )) shall not apply with respect to a long-term 
care insurance contract under this chapter.


        Subpart H--Access to Criminal History Record Information

 CHAPTER 91--ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY 
                           AND OTHER PURPOSES

Sec.
9101.    Access to criminal history records for national security and 
          other purposes.

Sec. 9101. Access to criminal history records for national security and 
                    other purposes

    (a) As used in this section:
            (1) The term ``criminal justice agency'' means (A) 
        any Federal, State, or local court, and (B) any 
        Federal, State, or local agency, or any subunit 
        thereof, which performs the administration of criminal 
        justice pursuant to a statute or Executive order, and 
        which allocates a substantial part of its annual budget 
        to the administration of criminal justice.
            (2) The term ``criminal history record 
        information'' means information collected by criminal 
        justice agencies on individuals consisting of 
        identifiable descriptions and notations of arrests, 
        indictments, informations, or other formal criminal 
        charges, and any disposition arising therefrom, 
        sentencing, correction supervision, and release. The 
        term does not include identification information such 
        as fingerprint records to the extent that such 
        information does not indicate involvement of the 
        individual in the criminal justice system. The term 
        does not include those records of a State or locality 
        sealed pursuant to law from access by State and local 
        criminal justice agencies of that State or locality.
            (3) The term ``classified information'' means 
        information or material designated pursuant to the 
        provisions of a statute or Executive order as requiring 
        protection against unauthorized disclosure for reasons 
        of national security.
            (4) The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana 
        Islands, Guam, the Virgin Islands, American Samoa, and 
        any other territory or possession of the United States.
            (5) The term ``local'' and ``locality'' means any 
        local government authority or agency or component 
        thereof within a State having jurisdiction over matters 
        at a county, municipal, or other local government 
        level.
            (6) The term ``covered agency'' means any of the 
        following:
                    (A) The Department of Defense.
                    (B) The Department of State.
                    (C) The Department of Transportation.
                    (D) The Office of Personnel Management.
                    (E) The Central Intelligence Agency.
                    (F) The Federal Bureau of Investigation.
    (b)(1) Upon request by the head of a covered agency, 
criminal justice agencies shall make available criminal history 
record information regarding individuals under investigation by 
that covered agency for the purpose of determining eligibility 
for any of the following:
            (A) Access to classified information.
            (B) Assignment to or retention in sensitive 
        national security duties.
            (C) Acceptance or retention in the armed forces.
            (D) Appointment, retention, or assignment to a 
        position of public trust or a critical or sensitive 
        position while either employed by the Government or 
        performing a Government contract.
    (2) Such a request to a State central criminal history 
record repository shall be accompanied by the fingerprints of 
the individual who is the subject of the request if required by 
State law and if the repository uses the fingerprints in an 
automated fingerprint identification system.
    (3) Fees, if any, charged for providing criminal history 
record information pursuant to this subsection shall not exceed 
the reasonable cost of providing such information.
    (4) This subsection shall apply notwithstanding any other 
provision of law or regulation of any State or of any locality 
within a State, or any other law of the United States.
    (c) A covered agency shall not obtain criminal history 
record information pursuant to this section unless it has 
received written consent from the individual under 
investigation for the release of such information for the 
purposes set forth in paragraph (b)(1).
    (d) Criminal history record information received under this 
section shall be disclosed or used only for the purposes set 
forth in paragraph (b)(1) or for national security or criminal 
justice purposes authorized by law, and such information shall 
be made available to the individual who is the subject of such 
information upon request.
    (e)(1) Automated information delivery systems shall be used 
to provide criminal history record information to a covered 
agency under subsection (b) whenever available.
    (2) Fees, if any, charged for automated access through such 
systems may not exceed the reasonable cost of providing such 
access.
    (3) The criminal justice agency providing the criminal 
history record information through such systems may not limit 
disclosure on the basis that the repository is accessed from 
outside the State.
    (4) Information provided through such systems shall be the 
full and complete criminal history record.
    (5) Criminal justice agencies shall accept and respond to 
requests for criminal history record information through such 
systems with printed or photocopied records when requested.
    (f) The authority provided under this section with respect 
to the Department of State may be exercised only so long as the 
Department of State continues to extend to its employees and 
applicants for employment, at a minimum, those procedural 
safeguards provided for as part of the security clearance 
process that were made available, as of May 1, 1987, pursuant 
to section 163.4 of volume 3 of the Foreign Affairs Manual.

                       Subpart I--Miscellaneous

 CHAPTER 95--PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE 
                                SERVICE

Sec.
9501.    Internal Revenue Service personnel flexibilities.
9502.    Pay authority for critical positions.
9503.    Streamlined critical pay authority.
9504.    Recruitment, retention, relocation incentives, and relocation 
          expenses.
9505.    Performance awards for senior executives.
9506.    Limited appointments to career reserved Senior Executive 
          Service positions.
9507.    Streamlined demonstration project authority.
9508.    General workforce performance management system.
9509.    General workforce classification and pay.
9510.    General workforce staffing.

Sec. 9501. Internal Revenue Service personnel flexibilities

    (a) Any flexibilities provided by sections 9502 through 
9510 of this chapter shall be exercised in a manner consistent 
with--
            (1) chapter 23 (relating to merit system principles 
        and prohibited personnel practices);
            (2) provisions relating to preference eligibles;
            (3) except as otherwise specifically provided, 
        section 5307 (relating to the aggregate limitation on 
        pay);
            (4) except as otherwise specifically provided, 
        chapter 71 (relating to labor-management relations); 
        and
            (5) subject to subsections (b) and (c) of section 
        1104, as though such authorities were delegated to the 
        Secretary of the Treasury under section 1104(a)(2).
    (b) The Secretary of the Treasury shall provide the Office 
of Personnel Management with any information that Office 
requires in carrying out its responsibilities under this 
section.
    (c) Employees within a unit to which a labor organization 
is accorded exclusive recognition under chapter 71 shall not be 
subject to any flexibility provided by sections 9507 through 
9510 of this chapter unless the exclusive representative and 
the Internal Revenue Service have entered into a written 
agreement which specifically provides for the exercise of that 
flexibility. Such written agreement may be imposed by the 
Federal Services Impasses Panel under section 7119.

Sec. 9502. Pay authority for critical positions

    (a) When the Secretary of the Treasury seeks a grant of 
authority under section 5377 for critical pay for 1 or more 
positions at the Internal Revenue Service, the Office of 
Management and Budget may fix the rate of basic pay, 
notwithstanding sections 5377(d)(2) and 5307, at any rate up to 
the salary set in accordance with section 104 of title 3.
    (b) Notwithstanding section 5307, no allowance, 
differential, bonus, award, or similar cash payment may be paid 
to any employee receiving critical pay at a rate fixed under 
subsection (a), in any calendar year if, or to the extent that, 
the employee's total annual compensation will exceed the 
maximum amount of total annual compensation payable at the 
salary set in accordance with section 104 of title 3.

Sec. 9503. Streamlined critical pay authority

    (a) Notwithstanding section 9502, and without regard to the 
provisions of this title governing appointments in the 
competitive service or the Senior Executive Service and 
chapters 51 and 53 (relating to classification and pay rates), 
the Secretary of the Treasury may, for a period of 10 years 
after the date of enactment of this section, establish, fix the 
compensation of, and appoint individuals to, designated 
critical administrative, technical, and professional positions 
needed to carry out the functions of the Internal Revenue 
Service, if--
            (1) the positions--
                    (A) require expertise of an extremely high 
                level in an administrative, technical, or 
                professional field; and
                    (B) are critical to the Internal Revenue 
                Service's successful accomplishment of an 
                important mission;
            (2) exercise of the authority is necessary to 
        recruit or retain an individual exceptionally well 
        qualified for the position;
            (3) the number of such positions does not exceed 40 
        at any one time;
            (4) designation of such positions are approved by 
        the 
        Secretary of the Treasury;
            (5) the terms of such appointments are limited to 
        no more than 4 years;
            (6) appointees to such positions were not Internal 
        Revenue Service employees prior to June 1, 1998;
            (7) total annual compensation for any appointee to 
        such positions does not exceed the highest total annual 
        compensation payable at the rate determined under 
        section 104 of title 3; and
            (8) all such positions are excluded from the 
        collective bargaining unit.
    (b) Individuals appointed under this section shall not be 
considered to be employees for purposes of subchapter II of 
chapter 75.

Sec. 9504. Recruitment, retention, relocation incentives, and 
                    relocation expenses

    (a) For a period of 10 years after the date of enactment of 
this section and subject to approval by the Office of Personnel 
Management, the Secretary of the Treasury may provide for 
variations from sections 5753 and 5754 governing payment of 
recruitment, relocation, and retention incentives.
    (b) For a period of 10 years after the date of enactment of 
this section, the Secretary of the Treasury may pay from 
appropriations made to the Internal Revenue Service allowable 
relocation expenses under section 5724a for employees 
transferred or reemployed and allowable travel and 
transportation expenses under section 5723 for new appointees, 
for any new appointee appointed to a position for which pay is 
fixed under section 9502 or 9503 after June 1, 1998.

Sec. 9505. Performance awards for senior executives

    (a) For a period of 10 years after the date of enactment of 
this section, Internal Revenue Service senior executives who 
have program management responsibility over significant 
functions of the Internal Revenue Service may be paid a 
performance bonus without regard to the limitation in section 
5384(b)(2) if the Secretary of the Treasury finds such award 
warranted based on the executive's performance.
    (b) In evaluating an executive's performance for purposes 
of an award under this section, the Secretary of the Treasury 
shall take into account the executive's contributions toward 
the successful accomplishment of goals and objectives 
established under the Government Performance and Results Act of 
1993, division E of the Clinger-Cohen Act of 1996 (Public Law 
104-106; 110 Stat. 679), Revenue Procedure 64-22 (as in effect 
on July 30, 1997), taxpayer service surveys, and other 
performance metrics or plans established in consultation with 
the Internal Revenue Service Oversight Board.
    (c) Any award in excess of 20 percent of an executive's 
rate of basic pay shall be approved by the Secretary of the 
Treasury.
    (d) Notwithstanding section 5384(b)(3), the Secretary of 
the Treasury shall determine the aggregate amount of 
performance awards available to be paid during any fiscal year 
under this section and section 5384 to career senior executives 
in the Internal Revenue Service. Such amount may not exceed an 
amount equal to 5 percent of the aggregate amount of basic pay 
paid to career senior executives in the Internal Revenue 
Service during the preceding fiscal year. The Internal Revenue 
Service shall not be included in the determination under 
section 5384(b)(3) of the aggregate amount of performance 
awards payable to career senior executives in the Department of 
the Treasury other than the Internal Revenue Service.
    (e) Notwithstanding section 5307, a performance bonus award 
may not be paid to an executive in a calendar year if, or to 
the extent that, the executive's total annual compensation will 
exceed the maximum amount of total annual compensation payable 
at the rate determined under section 104 of title 3.

Sec. 9506. Limited appointments to career reserved Senior Executive 
                    Service positions

    (a) In the application of section 3132, a ``career reserved 
position'' in the Internal Revenue Service means a position 
designated under section 3132(b) which may be filled only by--
            (1) a career appointee; or
            (2) a limited emergency appointee or a limited term 
        appointee--
                    (A) who, immediately upon entering the 
                career reserved position, was serving under a 
                career or career-conditional appointment 
                outside the Senior Executive 
                Service; or
                    (B) whose limited emergency or limited term 
                appointment is approved in advance by the 
                Office of Personnel Management.
    (b)(1) The number of positions described under subsection 
(a) which are filled by an appointee as described under 
paragraph (2) of such subsection may not exceed 10 percent of 
the total number of Senior Executive Service positions in the 
Internal Revenue Service.
    (2) Notwithstanding section 3132--
            (A) the term of an appointee described under 
        subsection (a)(2) may be for any period not to exceed 3 
        years; and
            (B) such an appointee may serve--
                    (i) two such terms; or
                    (ii) two such terms in addition to any 
                unexpired term applicable at the time of 
                appointment.

Sec. 9507. Streamlined demonstration project authority

    (a) The exercise of any of the flexibilities under sections 
9502 through 9510 shall not affect the authority of the 
Secretary of the Treasury to implement for the Internal Revenue 
Service a demonstration project subject to chapter 47, as 
provided in subsection (b).
    (b) In applying section 4703 to a demonstration project 
described in section 4701(a)(4) which involves the Internal 
Revenue Service--
            (1) section 4703(b)(1) shall be deemed to read as 
        follows:
            ``(1) develop a plan for such project which 
        describes its purpose, the employees to be covered, the 
        project itself, its anticipated outcomes, and the 
        method of evaluating the project;'';
            (2) section 4703(b)(3) shall not apply;
            (3) the 180-day notification period in section 
        4703(b)(4) shall bye deemed to be a notification period 
        of 30 days;
            (4) section 4703(b)(6) shall be deemed to read as 
        follows:
            ``(6) provides each House of Congress with the 
        final version of the plan.'';
            (5) section 4703(c)(1) shall be deemed to read as 
        follows:
            ``(1) subchapter V of chapter 63 or subpart G of 
        part III of this title;'';
            (6) the requirements of paragraphs (1)(A) and (2) 
        of section 4703(d) shall not apply; and
            (7) notwithstanding section 4703(d)(1)(B), based on 
        an evaluation as provided in section 4703(h), the 
        Office of Personnel Management and the Secretary of the 
        Treasury, except as otherwise provided by this 
        subsection, may waive the termination date of a 
        demonstration project under section 4703(d).
    (c) At least 90 days before waiving the termination date 
under subsection (b)(7), the Office of Personnel Management 
shall publish in the Federal Register a notice of its intention 
to waive the termination date and shall inform in writing both 
Houses of Congress of its intention.

Sec. 9508. General workforce performance management system

    (a) In lieu of a performance appraisal system established 
under section 4302, the Secretary of the Treasury shall, within 
1 year after the date of enactment of this section, establish 
for the Internal Revenue Service a performance management 
system that--
            (1) maintains individual accountability by--
                    (A) establishing one or more retention 
                standards for each employee related to the work 
                of the employee and expressed in terms of 
                individual performance, and communicating such 
                retention standards to employees;
                    (B) making periodic determinations of 
                whether each employee meets or does not meet 
                the employee's established retention standards; 
                and
                    (C) taking actions, in accordance with 
                applicable laws and regulations, with respect 
                to any employee whose performance does not meet 
                established retention standards, including 
                denying any increases in basic pay, promotions, 
                and credit for performance under section 3502, 
                and taking one or more of the following 
                actions:
                            (i) Reassignment.
                            (ii) An action under chapter 43 or 
                        chapter 75 of this title.
                            (iii) Any other appropriate action 
                        to resolve the performance problem; and
            (2) except as provided under section 1204 of the 
        Internal Revenue Service Restructuring and Reform Act 
        of 1998, strengthens the system's effectiveness by--
                    (A) establishing goals or objectives for 
                individual, group, or organizational 
                performance (or any combination thereof ), 
                consistent with the Internal Revenue Service's 
                performance planning procedures, including 
                those established under the Government 
                Performance and Results Act of 1993, division E 
                of the Clinger-Cohen Act of 1996 (Public Law 
                104-106; 110 Stat. 679), Revenue Procedure 64-
                22 (as in effect on July 30, 1997), and 
                taxpayer service surveys, and communicating 
                such goals or objectives to employees;
                    (B) using such goals and objectives to make 
                performance distinctions among employees or 
                groups of employees; and
                    (C) using performance assessments as a 
                basis for granting employee awards, adjusting 
                an employee's rate of basic pay, and other 
                appropriate personnel actions, in accordance 
                with applicable laws and regulations.
    (b)(1) For purposes of subsection (a)(2), the term 
``performance assessment'' means a determination of whether or 
not retention standards established under subsection (a)(1)(A) 
are met, and any additional performance determination made on 
the basis of performance goals and objectives established under 
subsection (a)(2)(A).
    (2) For purposes of this title, the term ``unacceptable 
performance'' with respect to an employee of the Internal 
Revenue Service covered by a performance management system 
established under this section means performance of the 
employee which fails to meet a retention standard established 
under this section.
    (c)(1) The Secretary of the Treasury may establish an 
awards program designed to provide incentives for and 
recognition of organizational, group, and individual 
achievements by providing for granting awards to employees who, 
as individuals or members of a group, contribute to meeting the 
performance goals and objectives established under this chapter 
by such means as a superior individual or group accomplishment, 
a documented productivity gain, or sustained superior 
performance.
    (2) A cash award under subchapter I of chapter 45 may be 
granted to an employee of the Internal Revenue Service without 
the need for any approval under section 4502(b).
    (d)(1) In applying sections 4303(b)(1)(A) and 7513(b)(1) to 
employees of the Internal Revenue Service, ``30 days'' may be 
deemed to be ``15 days''.
    (2) Notwithstanding the second sentence of section 5335(c), 
an employee of the Internal Revenue Service shall not have a 
right to appeal the denial of a periodic step increase under 
section 5335 to the Merit Systems Protection Board.

Sec. 9509. General workforce classification and pay

    (a) For purposes of this section, the term ``broad-banded 
system'' means a system for grouping positions for pay, job 
evaluation, and other purposes that is different from the 
system established under chapter 51 and subchapter III of 
chapter 53 as a result of combining grades and related ranges 
of rates of pay in one or more occupational series.
    (b)(1)(A) The Secretary of the Treasury may, subject to 
criteria to be prescribed by the Office of Personnel 
Management, establish one or more broad-banded systems covering 
all or any portion of the Internal Revenue Service workforce.
    (B) With the approval of the Office of Personnel 
Management, a broad-banded system established under this 
section may either include or consist of positions that 
otherwise would be subject to subchapter IV of chapter 53 or 
section 5376.
    (2) The Office of Personnel Management may require the 
Secretary of the Treasury to submit information relating to 
broad-banded systems at the Internal Revenue Service.
    (3) Except as otherwise provided under this section, 
employees under a broad-banded system shall continue to be 
subject to the laws and regulations covering employees under 
the pay system that otherwise would apply to such employees.
    (4) The criteria to be prescribed by the Office of 
Personnel Management shall, at a minimum--
            (A) ensure that the structure of any broad-banded 
        system maintains the principle of equal pay for 
        substantially equal work;
            (B) establish the minimum and maximum number of 
        grades that may be combined into pay bands;
            (C) establish requirements for setting minimum and 
        maximum rates of pay in a pay band;
            (D) establish requirements for adjusting the pay of 
        an employee within a pay band;
            (E) establish requirements for setting the pay of a 
        supervisory employee whose position is in a pay band or 
        who supervises employees whose positions are in pay 
        bands; and
            (F) establish requirements and methodologies for 
        setting the pay of an employee upon conversion to a 
        broad-banded system, initial appointment, change of 
        position or type of appointment (including promotion, 
        demotion, transfer, reassignment, reinstatement, 
        placement in another pay band, or movement to a 
        different geographic location), and movement between a 
        broad-banded system and another pay system.
    (c) With the approval of the Office of Personnel Management 
and in accordance with a plan for implementation submitted by 
the Secretary of the Treasury, the Secretary may, with respect 
to Internal Revenue Service employees who are covered by a 
broad-banded system established under this section, provide for 
variations from the provisions of subchapter VI of chapter 53.

Sec. 9510. General workforce staffing

    (a)(1) Except as otherwise provided by this section, an 
employee of the Internal Revenue Service may be selected for a 
permanent appointment in the competitive service in the 
Internal Revenue Service through internal competitive promotion 
procedures if--
            (A) the employee has completed, in the competitive 
        service, 2 years of current continuous service under a 
        term appointment or any combination of term 
        appointments;
            (B) such term appointment or appointments were made 
        under competitive procedures prescribed for permanent 
        appointments;
            (C) the employee's performance under such term 
        appointment or appointments met established retention 
        standards, or, if not covered by a performance 
        management system established under section 9508, was 
        rated at the fully successful level or higher (or 
        equivalent thereof ); and
            (D) the vacancy announcement for the term 
        appointment from which the conversion is made stated 
        that there was a potential for subsequent conversion to 
        a permanent appointment.
    (2) An appointment under this section may be made only to a 
position in the same line of work as a position to which the 
employee received a term appointment under competitive 
procedures.
    (b)(1) Notwithstanding subchapter I of chapter 33, the 
Secretary of the Treasury may establish category rating systems 
for evaluating applicants for Internal Revenue Service 
positions in the competitive service under which qualified 
candidates are divided into two or more quality categories on 
the basis of relative degrees of merit, rather than assigned 
individual numerical ratings.
    (2) Each applicant who meets the minimum qualification 
requirements for the position to be filled shall be assigned to 
an appropriate category based on an evaluation of the 
applicant's knowledge, skills, and abilities relative to those 
needed for successful performance in the position to be filled.
    (3) Within each quality category established under 
paragraph (1), preference eligibles shall be listed ahead of 
individuals who are not preference eligibles. For other than 
scientific and professional positions at or higher than GS-9 
(or equivalent), preference eligibles who have a compensable 
service-connected disability of 10 percent or more, and who 
meet the minimum qualification standards, shall be listed in 
the highest quality category.
    (4) An appointing authority may select any applicant from 
the highest quality category or, if fewer than three candidates 

have been assigned to the highest quality category, from a 
merged category consisting of the highest and second highest 
quality categories.
    (5) Notwithstanding paragraph (4), the appointing authority 
may not pass over a preference eligible in the same or higher 
category from which selection is made unless the requirements 
of section 3317(b) or 3318(b), as applicable, are satisfied.
    (c) The Secretary of the Treasury may detail employees 
among the offices of the Internal Revenue Service without 
regard to the 120-day limitation in section 3341(b).
    (d) Notwithstanding any other provision of law, the 
Secretary of the Treasury may establish a probationary period 
under section 3321 of up to 3 years for Internal Revenue 
Service positions if the Secretary of the Treasury determines 
that the nature of the work is such that a shorter period is 
insufficient to demonstrate complete proficiency in the 
position.
    (e) Nothing in this section exempts the Secretary of the 
Treasury from--
            (1) any employment priority established under 
        direction of the President for the placement of surplus 
        or displaced employees; or
            (2) any obligation under a court order or decree 
        relating to the employment practices of the Internal 
        Revenue Service or the Department of the Treasury.
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