[House Report 115-407]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       115-407

======================================================================



 
            PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF 2017

                                _______
                                

 November 13, 2017.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3739]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 3739) to amend the Act of August 
25, 1958, commonly known as the ``Former Presidents Act of 
1958'', with respect to the monetary allowance payable to a 
former President, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     4
Explanation of Amendments........................................     6
Committee Consideration..........................................     6
Roll Call Votes..................................................     6
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     7
Disclosure of Directed Rule Makings..............................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandates Statement......................................     7
Earmark Identification...........................................     7
Committee Estimate...............................................     7
Budget Authority and Congressional Budget Office Cost Estimate...     7
Changes in Existing Law Made by the Bill, as Reported............     8

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    The Presidential Allowance Modernization Act of 2017 (H.R. 
3739) reforms pensions and allowances provided to former 
presidents and surviving spouses and reduces unnecessary costs 
to the taxpayer. Specifically, H.R. 3739 amends the Former 
Presidents Act of 1958 to establish limits on the allowance for 
a former president. The allowance will be reduced dollar-for-
dollar by each dollar of earned income in excess of $400,000. 
The allowance will otherwise be reduced to $350,000 five years 
after leaving office and then to $250,000 after eleven years. 
The bill sets a former president's pension at $200,000. Current 
law establishes the pension at the salary of a cabinet 
secretary. The bill also increases the pension for the 
surviving spouse of a former president from $20,000 to 
$100,000. Finally, a rule of construction clarifies that 
nothing in the bill affects any law relating to security or 
protection of a former president.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1958, Congress passed the Former Presidents Act (FPA)\1\ 
to maintain the dignity of the Office of the President and 
assist former presidents who lacked independent or personal 
financial resources. Prior to 1958, former presidents did not 
receive a federal pension or financial assistance. There were 
discussions about providing support to former presidents 
beginning in 1912 and over the subsequent years, but Congress 
passed the 1958 Act largely in the context of former President 
Harry Truman's financial difficulties.\2\
---------------------------------------------------------------------------
    \1\Pub. L. 85-745 (1958), codified as amended at 3 U.S.C. Sec. 102 
note.
    \2\Wendy Ginsberg, Cong. Research Serv., RL34631, Former 
Presidents: Pensions, Office Allowances, and Other Federal Benefits 1, 
App. A, (Mar. 16, 2016).
---------------------------------------------------------------------------
    The FPA authorizes funding to provide each former president 
a pension (equal to a cabinet secretary's salary\3\) and to 
cover expenses for staff, office space, travel, and franked 
mail to support their post-presidential life. The General 
Services Administration (GSA) administers the FPA, and Congress 
appropriates funds for former presidents annually in the 
Financial Services and General Government appropriations acts. 
Currently, there are five former presidents receiving pensions 
and benefits under the FPA: Jimmy Carter, George H.W. Bush, 
William J. Clinton, George W. Bush, and Barack H. Obama.
---------------------------------------------------------------------------
    \3\As of January 2017, the annual rate of pay for cabinet 
secretaries was $207,800, consistent with cabinet secretaries' 
designation as a Level I executive. 5 U.S.C. Sec. 5312.
---------------------------------------------------------------------------
    The federal government spent $3,277,000 for pensions and 
expenses of former presidents in fiscal year 2016, and 
$3,865,000 in fiscal year 2017.\4\ For fiscal year 2018, the 
Administration requested funding of $4,754,000.\5\ The largest 
expense area has been office space: $1,201,000 in fiscal year 
2016; $1,434,000 in fiscal year 2017; and $1,952,000 requested 
for fiscal year 2018.\6\
---------------------------------------------------------------------------
    \4\Barbara L Schwemle, Cong. Research Serv., IN10759, Allowances 
and Office Staff for Former Presidents, FY2016-FY2018 Appropriations 
(Aug. 28, 2017).
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    The FPA has served an important role in supporting former 
presidents after leaving office. The office of a former 
president continues to play an important institutional role in 
the United States in providing a platform for these American 
leaders to continue to serve a variety of charitable and social 
interests as well as continue to correspond with American 
citizens.
    However, times have changed since 1958. Today, former 
presidents have the opportunity to earn millions of dollars 
from speaking fees and book deals upon leaving office. For 
example, President Clinton reportedly earned more than $100 
million in speaking fees between 2001 and 2013.\7\ According to 
other reports, President George W. Bush received $10 million 
for a book deal and earned about $15 million for more than 140 
paid speeches from 2009 and 2015.\8\ In April 2017, President 
Obama spoke at a Wall Street firm for a fee of $400,000.\9\ 
Further, President Obama and First Lady Michelle Obama 
reportedly signed a joint book deal worth more than $65 
million.\10\ Finally, the current President accumulated 
significant financial resources prior to office with an 
estimated net worth of over $3 billion.\11\
---------------------------------------------------------------------------
    \7\Philip Rucker, Tom Hamburger, & Alexander Becker, How the 
Clintons went from `dead broke' to rich: Bill earned $104.9 million for 
speeches, Wash. Post, June 26, 2014.
    \8\Alexandra Alter, Obamas Make Book Deal With Penguin Random 
House, N.Y. Times, Feb. 28, 2017; Joseph Morton, Ernst: Cap expense 
accounts for former presidents at $200,000 per year, Omaha World-
Herald, May 22, 2015.
    \9\Warren, Sanders Unhappy by Wall Street-paid Obama Speech, 
Associated Press, Apr. 28, 2017.
    \10\Tufayel Ahmed, Barack and Michelle Obama Sign Joint Book Deal 
Worth Over $65 million: Report, Newsweek, Mar. 1, 2017.
    \11\Forbes: The World's Billionaires 2017 Ranking (showing 
President Trump's net worth at $3.5 billion) available at https://
www.forbes.com/billionaires/list/13/#version:static (accessed Nov. 12, 
2017).
---------------------------------------------------------------------------
    Given the modern opportunities for former presidents to 
earn significant income, taxpayer-funded support is no longer 
necessary at the levels it once was. While the funding 
currently provided to former presidents is low relative to 
other federally-funded programs, it is an example of 
unnecessary spending that should be curbed in the interest of 
fiscal responsibility.
    H.R. 3739 amends the FPA in several ways: First, the bill 
sets a former president's pension at $200,000 versus current 
law linking the pension to cabinet secretaries' salaries. Next, 
the bill deems surviving spouses of former presidents eligible 
for a $100,000 pension, an increase from the $20,000 pension 
provided under current law.
    Annual appropriations fund other benefits for former 
presidents under current law. Such benefits include office 
space and leases, furniture and supplies, and staff salaries. 
H.R. 3739 establishes a $500,000 allowance for eligible former 
presidents to cover such expenses. This allowance is reduced 
dollar-for-dollar for any earned income in excess of $400,000. 
For those former presidents eligible for this allowance, such 
allowance is reduced over time. Five years after leaving 
office, the allowance is reduced to $350,000, and after ten 
years to $250,000.
    In addition, H.R. 3739 clarifies the pension and allowance 
terminate 30 days after the death of a former president, 
instead of immediately upon death, which is the case under 
current law. The bill also provides authority for GSA to 
provide employees on a reimbursable basis and authorize 
designation of these employees for purposes of federal benefits 
on a reimbursable basis. The bill does not affect funding for 
the security or protection of former presidents.
    Finally, the bill provides for transition periods to allow 
the current former presidents to plan for the new law. For 
example, existing office leases continue to be eligible for 
funding until those leases expire. In addition, the bill 
becomes effective six months after its enactment.

                          LEGISLATIVE HISTORY

    On September 12, 2017, Representative Jody Hice (R-GA) 
introduced H.R. 3739, the Presidential Allowance Modernization 
Act of 2017, which was referred to the Committee on Oversight 
and Government Reform. Senator Joni Ernst introduced the Senate 
companion bill (S. 1791) on the same day. The Committee 
considered H.R. 3739 at a business meeting on September 13, 
2017 and ordered the bill reported favorably, without 
amendment, by voice vote. The Senate Homeland Security and 
Governmental Affairs Committee ordered S. 1791 reported on 
October 4, 2017.
    There have been several efforts in prior Congresses to 
reform the FPA. On April 14, 2015, Representative Jason 
Chaffetz (R-UT) introduced H.R. 1777, the Presidential 
Allowance Modernization Act of 2015, with Representative Elijah 
Cummings (D-MD). On May 19, 2015, the Committee ordered H.R. 
1777 reported favorably, with an amendment in the nature of a 
substitute, by voice vote. On January 11, 2016, the House 
passed H.R. 1777 by voice vote under suspension of the rules. 
On June 21, 2016, the Senate passed H.R. 1777, as amended, by 
unanimous consent. On July 8, 2016, the House agreed to the 
Senate amendment by unanimous consent. H.R. 1777 was presented 
to the President on July 12, 2016. The President vetoed H.R. 
1777 on July 22, 2016, citing unintended consequences.\12\
---------------------------------------------------------------------------
    \12\Veto Message from the President (H. Doc. 114-155) (July 25, 
2016).
---------------------------------------------------------------------------
    On May 21, 2015, Senator Joni Ernst (R-IA) introduced a 
similar version of the bill, S. 1411, the Presidential 
Allowance Modernization Act of 2015, with Senators Mark Kirk 
(R-IL) and Marco Rubio (R-FL). S. 1411 was referred to the 
Senate Committee on Homeland Security and Governmental Affairs. 
The Committee considered S. 1411 at a business meeting on 
February 10, 2016, and ordered the bill reported favorably, 
with an amendment in the nature of a substitute, by voice vote.
    Similar legislation was introduced in the House on two 
prior occasions and referred to the Committee on Oversight and 
Government Reform: H.R. 248 (113th Congress) and H.R. 4093 
(112th Congress). No further action was taken on either bill.

                           Section-by-Section


Section 1. Short title

    Section 1 provides the short title of the bill.

Sec. 2. Amendments

    Section 2(a) amends the Former Presidents Act of 1958 by 
providing each former president: (1) an annuity of $200,000 
annually, which will commence on the date on which an 
individual becomes a former president; and (2) a monetary 
allowance of $500,000 annually for five years beginning at the 
end of the presidential transition period, which will be 
reduced to $350,000 annually for years six to ten, and $250,000 
annually after year ten.
    Under the revised law, the annuity and monetary allowance 
will terminate 30 days after the date on which a former 
president dies, and are not paid during any time a former 
president holds a paid appointment or elected position in the 
federal government.
    The pension and monetary allowance are subject to annual 
cost of living increases with some restrictions. Specifically, 
for every dollar by which the former president's earned income 
exceeds $400,000 for the most recent tax year, the allowance is 
reduced by one dollar. To ensure the reduction can be correctly 
calculated, a former president's receipt of the monetary 
allowance is conditioned upon disclosure of tax return 
information to the Secretary of the Treasury. Such disclosures 
remain subject to confidentiality provisions of Section 6103 of 
title 26, United States Code.
    Section 2(a) also provides for a minimum allowance to 
account for increased costs of doing business resulting from 
security needs, determined by the Administrator of the General 
Services Administration (Administrator), in coordination with 
the Director of the U.S. Secret Service.
    In addition, new subsections (f) and (g) in the FPA 
establish rules for offices of former presidents, capping staff 
at 13 and limiting compensation to the highest annual rate of 
basic pay for positions at level II of the Executive Schedule. 
Additional provisions establish rules for office space and 
related furnishings and equipment, which can be provided by the 
Administrator on a reimbursable basis. Further, the 
Administrator may provide excess furniture and equipment to the 
office of a former president at no cost, other than 
transportation costs. In the case of a former president on the 
date of enactment, the former president may retain without 
reimbursement any furniture or equipment acquired under section 
5 of the Presidential Transition Act of 1963. These provisions 
as well as those related to travel and security authorization 
apply at the end of the presidential transition period--six 
months after the President's term expires--avoiding overlapping 
benefits between the Presidential Transition Act of 1963 and 
the Former Presidents Act of 1958.
    Subsection (b) of the act increases the pension of 
surviving spouses of former presidents from $20,000 to $100,000 
and harmonizes the timing for cost of living increases to the 
surviving spouse's pension with the cost of living increases 
for former presidents.
    Section 2(d) makes conforming amendments related to 
amendments in the preceding subsections.

Section 3. Rule of construction

    Section 3 provides that nothing in this Act or an amendment 
made by this Act shall be construed to affect: (1) any 
provision of law relating to the security or protection of a 
former president or a member of the family of a former 
president; (2) funding under the Former Presidents Act of 1958 
or any other law, to carry out any provision of law described 
in paragraph (1) related to security; or (3) funding for any 
office space lease in effect on the day before enactment until 
the expiration date in the lease, if the lease was submitted to 
the House Committee on Oversight and Government Reform on April 
12, 2017.

Section 4. Transition rules

    Section 4 provides for a six-month transition period before 
the amendments to the Former Presidents Act of 1958 in Section 
2(a) and 2(b)(1) are effective.

Section 5. Applicability

    Section 5 states, for a former president receiving a 
monetary allowance on the day before enactment, that the 
limitation on the allowance under subsection (d)(1) (as amended 
by section 2(a)) shall apply, except to the extent that 
application of the limitation would prevent a former president 
from being able to pay the cost of a lease or other contract in 
effect on the day before enactment and under which payments are 
made using the monetary allowance, as determined by the 
Administrator.

                       Explanation of Amendments

    There were no amendments to H.R. 3739 offered or adopted 
during Committee consideration of the bill.

                        Committee Consideration

    On September 13, 2017, the Committee met in open session 
and, with a quorum being present, ordered the bill favorably 
reported without amendment by voice vote.

                            Roll Call Votes

    There were no roll call votes requested or conducted during 
consideration of H.R. 3739.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill amends the Former Presidents Act of 1958 by reforming 
the pension and allowance rules for former presidents. As such, 
this bill does not relate to employment or access to public 
services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to amend the Former 
Presidents Act of 1958 by reforming the pension and allowance 
rules for former presidents.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget and 
Impoundment Control Act (Pub. L. 113-67) the Committee has 
included a letter received from the Congressional Budget Office 
below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    At the time of this writing, the Committee had yet to 
receive a formal cost estimate from the Congressional Budget 
Office for H.R. 3739. However, the Committee considered 
substantially similar legislation during the 114th Congress, 
H.R. 1777, from which it will base its committee estimate for 
H.R. 3739. For H.R. 1777, the Congressional Budget Office 
estimated that enacting the bill would reduce outlays by $10 
million over the 2016-2020 period, assuming appropriations are 
reduced by those amounts. CBO also stated that enacting H.R. 
1777 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply. Finally, CBO estimated 
that enacting H.R. 1777 would impose a private-sector mandate, 
as defined in UMRA, by decreasing the pensions of former 
Presidents. Therefore, the Committee estimates enacting H.R. 
3739 would not have a substantial cost and would likely achieve 
a net savings.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has not 
received a cost estimate for this bill from the Director of 
Congressional Budget Office, and instead has included a 
committee estimate in the prior section.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                         ACT OF AUGUST 25, 1958


                          (Public Law 85-745)

  AN ACT To provide retirement, clerical assistants, and free mailing 
  privileges to former Presidents of the United States, and for other 
                               purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, [That (a) Each 
former President shall be entitled for the remainder of his 
life to receive from the United States a monetary allowance at 
a rate per annum, payable monthly by the Secretary of the 
Treasury, which is equal to the annual rate of basic pay, as in 
effect from time to time, of the head of an executive 
department, as defined in section 101 of title 5, United States 
Code. However, such allowance shall not be paid for any period 
during which such former President holds an appointive or 
elective office or position in or under the Federal Government 
or the government of the District of Columbia to which is 
attached a rate of pay other than a nominal rate.]
  [(b) The Administrator of General Services shall, without 
regard to the civil-service and classification laws, provide 
for each former President an office staff. Persons employed 
under this subsection shall be selected by the former President 
and shall be responsible only to him for the performance of 
their duties. Each former President shall fix basic rates of 
compensation for persons employed for him under this paragraph 
which in the aggregate shall not exceed $96,000 per annum, 
except that for the first 30-month period during which a former 
President is entitled to staff assistance under this 
subsection, such rates of compensation in the aggregate shall 
not exceed $150,000 per annum. The annual rate of compensation 
payable to any such person shall not exceed the highest annual 
rate of basic pay now or hereafter provided by law for 
positions at level II of the Executive Schedule under section 
5313 of title 5, United States Code. Amounts provided for 
``Allowances and Office Staff for Former Presidents'' may be 
used to pay fees of an independent contractor who is not a 
member of the staff of the office of a former President for the 
review of Presidential records of a former President in 
connection with the transfer of such records to the National 
Archives and Records Administration or a Presidential Library 
without regard to the limitation on staff compensation set 
forth herein.
  [(c) The Administrator of General Services shall furnish for 
each former President suitable office space appropriately 
furnished and equipped, as determined by the Administrator, at 
such place within the United States as the former President 
shall specify.]
  (a) In General.--Each former President shall be entitled to 
receive from the United States--
          (1) an annuity, subject to subsections (b) and (c)--
                  (A) at the rate of $200,000 per year; and
                  (B) which shall commence on the day after the 
                date on which an individual becomes a former 
                President; and
          (2) a monetary allowance, subject to subsections (b), 
        (c), and (d), at the rate of--
                  (A) $500,000 per year for 5 years beginning 
                on the day after the last day of the period 
                described in the first sentence of section 5 of 
                the Presidential Transition Act of 1963 (3 
                U.S.C. 102 note);
                  (B) $350,000 per year for the 5 years 
                following the 5-year period under subparagraph 
                (A); and
                  (C) $250,000 per year thereafter.
  (b) Duration; Frequency.--
          (1) In general.--The annuity and monetary allowance 
        under subsection (a) shall--
                  (A) terminate on the date that is 30 days 
                after the date on which the former President 
                dies; and
                  (B) be payable by the Secretary of the 
                Treasury on a monthly basis.
          (2) Appointive or elective positions.--The annuity 
        and monetary allowance under subsection (a) shall not 
        be payable for any period during which a former 
        President holds an appointive or elective position in 
        or under the Federal Government to which is attached a 
        rate of pay other than a nominal rate.
  (c) Cost-of-Living Increases.--Effective December 1 of each 
year, each annuity and monetary allowance under subsection (a) 
that commenced before that date shall be increased by the same 
percentage by which benefit amounts under title II of the 
Social Security Act (42 U.S.C. 401 et seq.) are increased, 
effective as of that date, as a result of a determination under 
section 215(i) of that Act (42 U.S.C. 415(i)).
  (d) Limitation on Monetary Allowance.--
          (1) In general.--Notwithstanding any other provision 
        of this section, the monetary allowance payable under 
        subsection (a)(2) to a former President for any 12-
        month period--
                  (A) except as provided in subparagraph (B), 
                may not exceed the amount by which--
                          (i) the monetary allowance that (but 
                        for this subsection) would otherwise be 
                        so payable for the 12-month period, 
                        exceeds (if at all)
                          (ii) the applicable reduction amount 
                        for the 12-month period; and
                  (B) shall not be less than the amount 
                determined under paragraph (4).
          (2) Definition.--
                  (A) In general.--For purposes of paragraph 
                (1), the term ``applicable reduction amount'' 
                means, with respect to any former President and 
                in connection with any 12-month period, the 
                amount by which--
                          (i) the earned income (as defined in 
                        section 32(c)(2) of the Internal 
                        Revenue Code of 1986) of the former 
                        President for the most recent taxable 
                        year for which a tax return is 
                        available, exceeds (if at all)
                          (ii) $400,000, subject to 
                        subparagraph (C).
                  (B) Joint returns.--In the case of a joint 
                return, subparagraph (A)(i) shall be applied by 
                taking into account both the amounts properly 
                allocable to the former President and the 
                amounts properly allocable to the spouse of the 
                former President.
                  (C) Cost-of-living increases.--The dollar 
                amount specified in subparagraph (A)(ii) shall 
                be adjusted at the same time that, and by the 
                same percentage by which, the monetary 
                allowance of the former President is increased 
                under subsection (c) (disregarding this 
                subsection).
          (3) Disclosure requirement.--
                  (A) Definitions.--In this paragraph--
                          (i) the terms ``return'' and ``return 
                        information'' have the meanings given 
                        those terms in section 6103(b) of the 
                        Internal Revenue Code of 1986; and
                          (ii) the term ``Secretary'' means the 
                        Secretary of the Treasury or the 
                        Secretary of the Treasury's delegate.
                  (B) Requirement.--A former President may not 
                receive a monetary allowance under subsection 
                (a)(2) unless the former President discloses to 
                the Secretary, upon the request of the 
                Secretary, any return or return information of 
                the former President or spouse of the former 
                President that the Secretary determines is 
                necessary for purposes of calculating the 
                applicable reduction amount under paragraph (2) 
                of this subsection.
                  (C) Confidentiality.--Except as provided in 
                section 6103 of the Internal Revenue Code of 
                1986 and notwithstanding any other provision of 
                law, the Secretary may not, with respect to a 
                return or return information disclosed to the 
                Secretary under subparagraph (B)--
                          (i) disclose the return or return 
                        information to any entity or person; or
                          (ii) use the return or return 
                        information for any purpose other than 
                        to calculate the applicable reduction 
                        amount under paragraph (2).
          (4) Increased costs due to security needs.--With 
        respect to the monetary allowance that would be payable 
        to a former President under subsection (a)(2) for any 
        12-month period but for the limitation under paragraph 
        (1) of this subsection, the Administrator of General 
        Services, in coordination with the Director of the 
        United States Secret Service, shall determine the 
        amount of the monetary allowance that is needed to pay 
        the increased cost of doing business that is 
        attributable to the security needs of the former 
        President.
  (e) Widows and Widowers._The [widow] widow or widower of each 
former President shall be entitled to receive from the United 
States a monetary allowance at a rate of [$20,000 per annum,] 
$100,000 per year (subject to paragraph (4)), payable monthly 
by the Secretary of the Treasury, if such [widow] widow or 
widower shall waive the right to each other annuity or pension 
to which [she] she or he is entitled under any other Act of 
Congress. The monetary allowance of such [widow] widow or 
widower--
          (1) commences on the day after the former President 
        dies;
          (2) terminates on the last day of the month before 
        such [widow] widow or widower--
                  (A) dies; or
                  (B) remarries before becoming 60 years of 
                age;[ and]
          (3) is not payable for any period during which such 
        [widow] widow or widower holds an appointive or 
        elective office or position in or under the Federal 
        Government [or the government of the District of 
        Columbia] to which is attached a rate of pay other than 
        a nominal rate[.]; and
          (4) shall, after its commencement date, be increased 
        at the same time that, and by the same percentage by 
        which, annuities of former Presidents are increased 
        under subsection (c).
  (f) Office Staff.--
          (1) In general.--The Administrator of General 
        Services shall, without regard to the civil service and 
        classification laws, provide for each former President 
        an office staff of not more than 13 individuals, at the 
        request of the former President, on a reimbursable 
        basis.
          (2) Compensation.--The annual rate of compensation 
        payable to any individual under paragraph (1) shall not 
        exceed the highest annual rate of basic pay for 
        positions at level II of the Executive Schedule under 
        section 5313 of title 5, United States Code.
          (3) Selection; responsibility.--An individual 
        employed under this subsection--
                  (A) shall be selected by the former 
                President; and
                  (B) shall be responsible only to the former 
                President for the performance of duties.
  (g) Office Space and Related Furnishings and Equipment.--
          (1) Office space.--The Administrator of General 
        Services (referred to in this subsection as the 
        ``Administrator'') shall, at the request of a former 
        President, on a reimbursable basis provide for the 
        former President suitable office space, as determined 
        by the Administrator, at a place within the United 
        States specified by the former President.
          (2) Furnishings and equipment.--
                  (A) Reimbursable.--The Administrator may, at 
                the request of a former President, provide the 
                former President with suitable office 
                furnishings and equipment on a reimbursable 
                basis.
                  (B) Without reimbursement.--
                          (i) Grandfathered former 
                        presidents.--In the case of any 
                        individual who is a former President on 
                        the date of enactment of the 
                        Presidential Allowance Modernization 
                        Act of 2017, the former President may 
                        retain without reimbursement any 
                        furniture and equipment in the 
                        possession of the former President.
                          (ii) Presidential transition act.--A 
                        former President may retain without 
                        reimbursement any furniture or 
                        equipment acquired under section 5 of 
                        the Presidential Transition Act of 1963 
                        (3 U.S.C. 102 note).
                          (iii) Excess furniture and 
                        equipment.--The Administrator may 
                        provide excess furniture and equipment 
                        to the office of a former President at 
                        no cost other than necessary 
                        transportation costs.
  [(f)] (h) Definition._As used in this section, the term 
``former President'' means a person--
          (1) who shall have held the office of President of 
        the United States of America;
          (2) whose service in such office shall have 
        terminated other than by removal pursuant to section 4 
        of article II of the Constitution of the United States 
        of America; and
          (3) who does not then currently hold such office.
  [(g)] (i) Authorization of Appropriations._There are 
authorized to be appropriated to the Administrator of General 
Services up to $1,000,000 for each former President and up to 
$500,000 for the spouse of each former President each fiscal 
year for security and travel related expenses: Provided, That 
under the provisions set forth in section 3056, paragraph (a), 
subparagraph (3) of title 18, United States Code, the former 
President and/or spouse was not receiving protection for a 
lifetime provided by the United States Secret Service under 
section 3056 paragraph (a) subparagraph (3) of title 18, United 
States Code; the protection provided by the United States 
Secret Service expired at its designated time; or the 
protection provided by the United States Secret Service was 
declined prior to authorized expiration in lieu of these funds.
  (j) Applicability.--Subsections (f), (g) (other than 
paragraph (2)(B)(i) of that subsection), and (i) shall apply 
with respect to a former President on and after the day after 
the last day of the period described in the first sentence of 
section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 
102 note).
                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART G--INSURANCE AND ANNUITIES

           *       *       *       *       *       *       *


CHAPTER 81--COMPENSATION FOR WORK INJURIES

           *       *       *       *       *       *       *


                        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;
                  (E) an individual appointed to a position on 
                the office staff of a former President under 
                section [1(b)] 1(f) of the Act of August 25, 
                1958 (72 Stat. 838);
                  (F) an individual selected pursuant to 
                chapter 121 of title 28, and serving as a petit 
                or grand juror; and
                  (G) an individual who is a System member of 
                the National Urban Search and Rescue Response 
                System during a period of appointment into 
                Federal service pursuant to section 327 of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act; 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
          (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.

           *       *       *       *       *       *       *


CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *


                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)] 1(f) 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 5 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) availability pay--
                          (i) received by a criminal 
                        investigator under section 5545a of 
                        this title; or
                          (ii) received after September 11, 
                        2001, by a Federal air marshal of the 
                        Department of Transportation, subject 
                        to all restrictions and earning 
                        limitations imposed on criminal 
                        investigators under section 5545a;
                  (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;
                  (H) any amount received under section 5948 
                (relating to physicians comparability 
                allowances); and
                  (I) with respect to a border patrol agent, 
                the amount of supplemental pay received through 
                application of the level 1 border patrol rate 
                of pay or the level 2 border patrol rate of pay 
                for scheduled overtime within the regular tour 
                of duty of the border patrol agent as provided 
                in section 5550;
        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 (I) 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;
          (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;
        and includes service as a cadet at the United States 
        Military Academy, the United States Air Force Academy, 
        or the United States Coast Guard Academy, or as a 
        midshipman at the United States Naval Academy, 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 percentage'' means the entry-age 
        normal cost computed by the Office of Personnel 
        Management in accordance with generally accepted 
        actuarial practice and standards (using dynamic 
        assumptions) and expressed as a level percentage of 
        aggregate basic pay;
          (18) ``Fund balance'' means the current net assets of 
        the Fund available for payment of benefits, as 
        determined by the Office in accordance with appropriate 
        accounting standards, but does not include any amount 
        attributable to--
                  (A) the Federal Employees' Retirement System; 
                or
                  (B) 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 judge'' or ``United States 
        magistrate judge'' means an individual appointed under 
        section 631 of title 28;
          (26) ``Court of Federal Claims judge'' means a judge 
        of the United States Court of Federal Claims 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;
          (28) ``Government physician'' has the meaning given 
        that term under section 5948;
          (29) ``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;
          (30) the term ``air traffic controller'' or 
        ``controller'' means--
                  (A) a controller within the meaning of 
                section 2109(1); and
                  (B) a civilian employee of the Department of 
                Transportation or the Department of Defense who 
                is the immediate supervisor of a person 
                described in section 2109(1)(B);
          (31) ``customs and border protection officer'' means 
        an employee in the Department of Homeland Security (A) 
        who holds a position within the GS-1895 job series 
        (determined applying the criteria in effect as of 
        September 1, 2007) or any successor position, and (B) 
        whose duties include activities relating to the arrival 
        and departure of persons, conveyances, and merchandise 
        at ports of entry, including any such employee who is 
        transferred directly to a supervisory or administrative 
        position in the Department of Homeland Security after 
        performing such duties (as described in subparagraph 
        (B)) in 1 or more positions (as described in 
        subparagraph (A)) for at least 3 years; and
          (32) ``Director'' means the Director of the Office of 
        Personnel Management.

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CHAPTER 87--LIFE INSURANCE

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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)] 
        1(f) 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 5 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.

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CHAPTER 89--HEALTH INSURANCE

           *       *       *       *       *       *       *


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)] 1(f) of the Act of August 25, 
                1958 (72 Stat. 838);
                  (I) an individual appointed to a position on 
                the office staff of a former President, or a 
                former Vice President under section 5 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
                  (J) an individual who is employed by the 
                Roosevelt Campobello International Park 
                Commission and is a citizen of the United 
                States,
        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 arrangement 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 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).

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                  PRESIDENTIAL TRANSITION ACT OF 1963



           *       *       *       *       *       *       *
services and facilities authorized to be provided to former presidents 
                       and former vice presidents

  Sec. 5. The Administrator is authorized to provide, upon 
request to each former President and each former Vice 
President, for a period not to exceed seven months from 30 days 
before the date of the expiration of his term of office as 
President or Vice President, for use in connection with winding 
up the affairs of his office, necessary, services and 
facilities of the same general character as authorized by this 
Act to be provided to Presidents-elect and Vice-Presidents-
elect. Any person appointed or detailed to serve a former 
President or former Vice President under authority of this 
section shall be appointed or detailed in accordance with, and 
shall be subject to, all of the provisions of section 3 of this 
Act applicable to persons appointed or detailed under authority 
of that section. [The provisions of the Act of August 25, 1958 
(72 Stat. 838; 3 U.S.C. 102, note), other than subsections (a) 
and (e) shall not become effective with respect to a former 
President until six months after the expiration of his term of 
office as President.]

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