[107th Congress Public Law 304]
[From the U.S. Government Printing Office]


[DOCID: f:publ304.107]

[[Page 116 STAT. 2363]]

Public Law 107-304
107th Congress

                                 An Act


 
    To amend title 5, United States Code, to allow certain catch-up 
  contributions to the Thrift Savings Plan to be made by participants 
 age <<NOTE: Nov. 27, 2002 -  [H.R. 3340]>> 50 or over; to reauthorize 
 the Merit Systems Protection Board and the Office of Special Counsel; 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. THRIFT SAVINGS PLAN CATCH-UP CONTRIBUTIONS.

    (a) Civil Service Retirement System.--Paragraph (2) of section 
8351(b) of title 5, United States Code, is amended by adding at the end 
the following:
    ``(C) Notwithstanding any limitation under this paragraph, an 
eligible participant (as defined by section 414(v) of the Internal 
Revenue Code of 1986) may make such additional contributions to the 
Thrift Savings Fund as are permitted by such section 414(v) and 
regulations of the Executive Director consistent therewith.''.
    (b) Federal Employees' Retirement System.--
            (1) Provision applicable to employees generally.--Subsection 
        (a) of section 8432 of title 5, United States Code, is amended 
        by adding at the end the following:

    ``(3) Notwithstanding any limitation under this subsection, an 
eligible participant (as defined by section 414(v) of the Internal 
Revenue Code of 1986) may make such additional contributions to the 
Thrift Savings Fund as are permitted by such section 414(v) and 
regulations of the Executive Director consistent therewith.''.
            (2) Provision applicable to certain other individuals.--
        Section 8440f of title 5, United States Code, is amended--
                    (A) by striking ``The maximum'' and inserting ``(a) 
                The maximum''; and
                    (B) by adding at the end the following:

    ``(b) Notwithstanding any limitation under this section, an eligible 
participant (as defined by section 414(v) of the Internal Revenue Code 
of 1986) may make such additional contributions to the Thrift Savings 
Fund as are permitted by such section 414(v) and regulations of the 
Executive Director consistent therewith.''.
    (c) Effective <<NOTE: 5 USC 8351 note.>> Date.--The amendments made 
by this section shall take effect as of the earliest practicable date, 
as determined by the Executive Director (appointed under section 8474(a) 
of title 5, United States Code) in regulations.

[[Page 116 STAT. 2364]]

SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTECTION BOARD AND OFFICE OF 
            SPECIAL COUNSEL.

    (a) Merit Systems Protection Board.--Section 8(a)(1) of the 
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by 
striking ``1998, 1999, 2000, 2001 and 2002'' and inserting ``2003, 2004, 
2005, 2006, and 2007''.
    (b) Office of Special Counsel.--Section 8(a)(2) of the Whistleblower 
Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking 
``1993, 1994, 1995, 1996, and 1997,'' and inserting ``2003, 2004, 2005, 
2006, and 2007''.
    (c) Effective <<NOTE: 5 USC 5509 note.>> Date.--This section shall 
be effective as of October 1, 2002.

SEC. 3. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCUMENTS.

    Section 1213(g) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking the last sentence; and
            (2) by striking paragraph (3) and inserting the following:

    ``(3) If the Special Counsel does not transmit the information to 
the head of the agency under paragraph (2), the Special Counsel shall 
inform the individual of--
            ``(A) the reasons why the disclosure may not be further 
        acted on under this chapter; and
            ``(B) other offices available for receiving disclosures, 
        should the individual wish to pursue the matter further.''.

SEC. 4. <<NOTE: 5 USC 8901 note.>> CONTINUATION OF HEALTH BENEFITS 
            COVERAGE FOR INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY 
            THE OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Enrollment in Chapter 89 Plan.--For purposes of the 
administration of chapter 89 of title 5, United States Code, any period 
of enrollment under a health benefits plan administered by the Overseas 
Private Investment Corporation before the effective date of this Act 
shall be deemed to be a period of enrollment in a health benefits plan 
under chapter 89 of such title.
    (b) Continued Coverage.--
            (1) In general.--Any individual who, as of the enrollment 
        eligibility date, is covered by a health benefits plan 
        administered by the Overseas Private Investment Corporation may 
        enroll in an approved health benefits plan described under 
        section 8903 or 8903a of title 5, United States Code--
                    (A) either as an individual or for self and family, 
                if such individual is an employee, annuitant, or former 
                spouse as defined under section 8901 of such title; and
                    (B) for coverage effective on and after such date.
            (2) Individuals currently under continued coverage.--An 
        individual who, as of the enrollment eligibility date, is 
        entitled to continued coverage under a health benefits plan 
        administered by the Overseas Private Investment Corporation--
                    (A) shall be deemed to be entitled to continued 
                coverage under section 8905a of title 5, United States 
                Code, for the same period that would have been permitted 
                under the plan administered by the Overseas Private 
                Investment Corporation; and
                    (B) may enroll in an approved health benefits plan 
                described under section 8903 or 8903a of such title in

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                accordance with section 8905a of such title for coverage 
                effective on and after such date.
            (3) Unmarried dependent children.--An individual who, as of 
        the enrollment eligibility date, is covered as an unmarried 
        dependent child under a health benefits plan administered by the 
        Overseas Private Investment Corporation and who is not a member 
        of family as defined under section 8901(5) of title 5, United 
        States Code--
                    (A) shall be deemed to be entitled to continued 
                coverage under section 8905a of such title as though the 
                individual had ceased to meet the requirements for being 
                considered an unmarried dependent child under chapter 89 
                of such title as of such date; and
                    (B) may enroll in an approved health benefits plan 
                described under section 8903 or 8903a of such title in 
                accordance with section 8905a for continued coverage 
                effective on and after such date.

    (c) Transfers to the Employees Health Benefits Fund.--
            (1) In general.--The Overseas Private Investment Corporation 
        shall transfer to the Employees Health Benefits Fund established 
        under section 8909 of title 5, United States Code, amounts 
        determined by the Director of the Office of Personnel 
        Management, after consultation with the Overseas Private 
        Investment Corporation, to be necessary to reimburse the Fund 
        for the cost of providing benefits under this section not 
        otherwise paid for by the individuals covered by this section.
            (2) Availability of funds.--The amounts transferred under 
        paragraph (1) shall be held in the Fund and used by the Office 
        in addition to amounts available under section 8906(g)(1) of 
        title 5, United States Code.

    (d) Administration and Regulations.--The Office of Personnel 
Management--
            (1) shall administer this section to provide for--
                    (A) <<NOTE: Notice.>> a period of notice and open 
                enrollment for individuals affected by this section; and
                    (B) no lapse of health coverage for individuals who 
                enroll in a health benefits plan under chapter 89 of 
                title 5, United States Code, in accordance with this 
                section; and
            (2) may prescribe regulations to implement this section.

    (e) Enrollment Eligibility Date.--For purposes of this section, the 
term ``enrollment eligibility date'' means the last day on which 
coverage under a health benefits plan administered by the Overseas 
Private Investment Corporation is available. Such

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date shall be determined by the Office of Personnel Management in 
consultation with the Overseas Private Investment Corporation.

    Approved November 27, 2002.

LEGISLATIVE HISTORY--H.R. 3340:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-686 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Oct. 7, considered and passed House.
            Nov. 13, considered and passed Senate.

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