Public Law 90–83

Subchapter I of chapter 5 is amended by inserting the following new section at the beginning thereof:

Ҥ 500. Administrative practice; general provisions

“(a)“(a)

For the purpose of this section—

“(1)“(1)

‘agency’ has the meaning given it by section 551 of this

Definitions.

title; and

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“(2)“(2)

‘State’ means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia.

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“(b)“(b)

An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.

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“(c)“(c)

An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.

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“(d)“(d)

This section does not—

“(1)“(1)

grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding;

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“(2)“(2)

authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency;

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“(3)“(3)

authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or

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“(4)“(4)

prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money.

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“(e)“(e)

Subsections (b)–(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35.

66 Stat. 795.

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“(f)“(f)

When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.”

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The analysis of chapter 5 is amended by inserting the following new item before item 501:

by striking out “and” after the semicolon in paragraph (4);

by striking out the period at the end of paragraph (5) and inserting “; and” in place thereof; and

by adding the following new paragraph after paragraph (5):

“(6)“(6)

reviewing the operations under chapter 87 of this title and advising the Commission on matters of policy relating to its activities thereunder.”

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by striking out paragraph (6);

by striking out the period at the end of paragraph (7) and inserting “; and” in place thereof; and

by inserting the following new paragraph after paragraph (7):

“(8)“(8)

an employee of the Botanic Garden.”

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by striking out paragraph (1) and inserting in place thereof:

“(1)“(1)

‘veteran’ means an individual who—

“(A)“(A)

served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; or

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“(B)“(B)

served on active duty as defined by section 101(21) of title 38 at any time in the armed forces for a period of more than 180 consecutive days after January 31, 1955, not

77 Stat. 135.

including service under section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve;

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and who has been separated from the armed forces under honorable conditions;”;

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by inserting “as defined by paragraph (1)(A) of this section” before the semicolon in paragraph (3) (A);

by inserting the following new paragraph after paragraph (3)(A):

“(B)“(B)

a veteran as defined by paragraph (1) (B) of this section;”;

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by striking out “paragraph (1)” in paragraph (3)(E) and inserting “paragraph (1)(A)” in place thereof; and

by redesignating subparagraphs (B), (C), (D), (E), and (F) of paragraph (3) as subparagraphs “(C)”, “(D)”, “(E)”, “(F)”, and “(G)”, respectively.

by amending subsection (a) (5) by striking out the figure “3” and inserting the figure “6” in place thereof;

by amending subsection (a) by inserting the following new paragraph after paragraph (7):

“(8)“(8)

National Aeronautics and Space Administration—not more than 12.”;

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by amending subsection (b) by inserting the following new sentence at the end thereof: “This subsection does not apply to the National Aeronautics and Space Administration.”; and

by amending the first sentence of subsection (c) to read:

“The head of each agency authorized to establish and fix the pay

Report to Congress.

80 Stat. 473.

of positions under this section and section 5361 of this title shall submit to Congress, not later than December 31 of each year (or in the case of the Administrator of the National Aeronautics and Space Administration not later than February 1 of each year), a report setting forth—

“(1)“(1)

the number of these positions established in his agency during that calendar year (or in the case of the National Aeronautics and Space Administration during the previous calendar year); and

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“(2)“(2)

the name, rate of pay, and description of the qualifications of each incumbent, together with a statement of the functions performed by each.”

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Chapter 33 is amended by inserting the following new

5 USC 3301 et seq.

section after section 3315:

Ҥ 3315a. Registers; individuals receiving compensation for work injuries

“(a)“(a)

For the purpose of this section, ‘employee’ has the meaning given it by section 8101(1) (A) of this title, but does not include an

80 Stat. 532.

individual who, by statute, is deemed an employee for the purpose of subchapter I of chapter 81 of this title.

5 USC 8101 et seq.

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“(b)“(b)

The Civil Service Commission, on application by an employee or former employee receiving compensation under subchapter I of chapter 81 of this title, shall enter his name on each appropriate register or employment list, or both, maintained by the Commission, for certification for appointment to a vacant position for which he is physically and otherwise qualified, under regulations of the Commission. An employee or former employee with career or career conditional status is entitled to the same priority in certification that the Commission accords a career or career-conditional employee who has been involuntarily displaced from his position through no fault of his own.”

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The analysis of chapter 33 is amended by inserting the following new item after item 3315:

by striking out “headings” and inserting “heading” in place thereof;

by striking out “and” and inserting “or” in place thereof; and

by striking out the last comma and inserting a semicolon in place thereof.

by striking out “who” in paragraph (15) and inserting “whose” in place thereof;

by striking out “or” at the end of paragraph (24);

by striking out the period at the end of paragraph (25) and inserting “; or” in place thereof; and

by inserting the following new paragraph after paragraph (25):

“(26)“(26)

civilian members of the faculty of the Coast Guard Academy whose pay is fixed under section 186 of title 14.”

74 Stat. 145;

80 Stat. 195.

80 Stat. 454.

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by striking out paragraph (41); and

by inserting the following new paragraphs after paragraph (48):

“(49)“(49)

Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts.

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“(50)“(50)

Chairman of the National Endowment for the Humanities.

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“(51)“(51)

Director of the Federal Mediation and Conciliation Service.

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“(52)“(52)

Under Secretary of Housing and Urban Development.”

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by striking out “(4)” in paragraph (12) and inserting “(5)” in place thereof;

by striking out “(2)” in paragraph (17) and inserting “(5)” in place thereof;

by striking out “(4)” in paragraph (18) and inserting “(5)” in place thereof;

by striking out “(5)” in paragraph (21) and inserting “(6)” in place thereof;

by striking out paragraphs (25), (26), (27), (28), and

by redesignating paragraphs (78) and (79), relating to the Assistant Secretary for Science and the Assistant Secretary for History and Art, Smithsonian Institution, added by Public Law 89–734, as paragraphs “(84)” and “(85)”, respectively;

by redesignating paragraph (78), relating to the Deputy Administrator of the Small Business Administration, added by section 8(c)(1) of Public Law 89–779, as paragraph “(86)”; and

by inserting the following new paragraphs at the end thereof:

“(87)“(87)

Assistant Secretaries of Housing and Urban Development (4).

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“(88)“(88)

General Counsel of the Department of Housing and Urban Development.

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“(89)“(89)

Commissioner of Interama.”

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by striking out paragraphs (22), (38), (83), (94), and

by amending paragraph (60) to read as follows:

“(60)“(60)

Director, Research and Development, Post Office Department.”;

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by redesignating paragraphs (117) and (118), relating to the Director, United States National Museum, and the Director, Smithsonian Astrophysical Observatory, Smithsonian

80 Stat. 1163.

Institution, added by Public Law 89–734, as paragraphs “(118)” and “(119)”, respectively; and

by inserting the following new paragraphs at the end thereof:

“(120)“(120)

Administrator for Economic Development.

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“(121)“(121)

Administrator of the Environmental Science Services Administration.

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“(122)“(122)

Assistant Secretary of Housing and Urban Development for Administration.

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“(123)“(123)

Director, Construction Engineering, Post Office Department.

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“(124)“(124)

Director, National Highway Safety Bureau.

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“(125)“(125)

Director, National Traffic Safety Bureau.”

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by inserting “, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS-10 for whom the first 40 hours of duty in an administrative workweek is the basic work-week) in excess of 8 hours in a day,” after “workweek”; and

by striking out “GS–9” wherever it appears therein and inserting “GS–10” in place thereof.

Section 5544 is amended—

The analysis of chapter 55 is amended by striking out the following item:

and inserting the following item in place thereof:

by striking out “GS–9” wherever it appears in subsection (c) and inserting “GS–10” in place thereof;

by inserting “, Sunday,” after “night” in subsection (c) (1);

by inserting “, on Sundays,” and “Sunday,” after “duty at night” and “duration of night,”, respectively, in subsection (C)(2);

by inserting the following new subsection after subsection (c):

“(d)“(d)

The Commission shall establish a schedule or schedules of pay differentials for irregular or intermittent duty involving unusual physical hardship or hazard. Under such regulations as the Commission may prescribe, and for such minimum periods as it determines

80 Stat. 443.

5 USC 5101 et seq.

5 USC 5331 et seq.

appropriate, an employee to whom chapter 51 and subchapter III of chapter 53 of this title applies is entitled to be paid the appropriate differential for any period in which he is subjected to physical hardship or hazard not usually involved in carrying out the duties of his position. However, the pay differential—

“(1)“(1)

does not apply to an employee in a position the classification of which takes into account the degree of physical hardship or hazard involved in the performance of the duties thereof; and

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“(2)“(2)

may not exceed an amount equal to 25 percent of the rate of basic pay applicable to the employee.”; and

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by amending the catchline to read as follows:

“§5545. Night, Sunday, standby, irregular, and hazardous duty differential”

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by redesignating subsections (a), (b), (c), and (d) as

80 Stat. 488.

subsections “(b)”, “(c)”, “(d)”, and “(e)”, respectively;

by inserting the following new subsection (a):

“(a)“(a)

An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542(a) of this title a part of which is performed on Sunday is entitled to pay for the entire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay.”; and

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by amending the catchline to read as follows:

“§ 5546. Pay for Sunday and holiday work”.

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by inserting the designation “(a)” before “The”, at the beginning thereof;

by striking out “section 5544” and inserting “sections 5544 and 5545 (d)” in place thereof; and

by inserting the following new subsection at the end thereof:

“(b)“(b)

The Commission shall prescribe regulations necessary for the administration of section 5545(d) of this title.”

Ante, p. 200.

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by amending the heading of subchapter IX, preceding section

80 Stat. 496.

5591, to read as follows:

“subchapter IX— severance pay and back pay”;

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by striking out sections 5591, 5592, 5593, and 5594; and

Repeals.

by inserting the following new sections at the end thereof:

Ҥ 5595. Severance pay

“(a)“(a)

For the purpose of this section—

“(1)“(1)

‘agency’ means—

“(A)“(A)

an Executive agency;

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“(B)“(B)

the Library of Congress;

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“(C)“(C)

the Government Printing Office; and

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“(D)“(D)

the government of the District of Columbia; and

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“(2)“(2)

‘employee’ means—

“(A)“(A)

an individual employed in or under an agency; and

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“(B)“(B)

an individual employed by a county committee established under section 590h(b) of title 16; but does not include—

“(i)“(i)

an employee whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for GS–18;

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“(ii)“(ii)

an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation;

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“(iii)“(iii)

an alien employee who occupies a position outside the several States, the District of Columbia, and the Canal Zone;

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“(iv)“(iv)

an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system;

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“(v)“(v)

an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual;

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“(vi)“(vi)

an employee who, at the time of separation from the service, is entitled to receive other severance pay from the Government;

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“(vii)“(vii)

an employee of the Tennessee Valley Authority; or

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“(viii)“(viii)

such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate.

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“(b)“(b)

Under regulations prescribed by the President or such officer or agency as he may designate, an employee who—

“(1)“(1)

has been employed currently for a continuous period of at least 12 months; and

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“(2)“(2)

is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;

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is entitled to be paid severance pay in regular pay periods by the agency from which separated.

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“(c)“(c)

Severance pay consists of—

“(1)“(1)

a basic severance allowance computed on the basis of 1 week’s basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks’ basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and

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“(2)“(2)

an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation.

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Total severance pay under this section may not exceed 1 year’s pay at the rate received immediately before separation. For the purpose of this subsection, ‘basic pay’ includes premium pay under section 5545 (c) (1) of this title.

80 Stat. 487.

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“(d)“(d)

If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b)(1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay.

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“(e)“(e)

If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with section 5582(b) of this title.

80 Stat. 495.

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“(f)“(f)

Severance pay under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance pay is not a period of United States or District of Columbia Government service or employment.

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“(g)“(g)

The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a) (2) (B) of this section.

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Ҥ 5596. Back pay due to unjustified personnel action

“(a)“(a)

For the purpose of this section, ‘agency’ means—

“(1)“(1)

an Executive agency;

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“(2)“(2)

the Administrative Office of the United States Courts;

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“(3)“(3)

the Library of Congress;

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“(4)“(4)

the Government Printing Office; and

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“(5)“(5)

the government of the District of Columbia.

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“(b)“(b)

An employee of an agency who, on the basis of an administrative determination or a timely appeal, is found by appropriate authority under applicable law or regulation to have undergone an unjustified or unwarranted personnel action that has resulted in the withdrawal or reduction of all or a part of the pay, allowances, or differentials of the employee—

“(1)“(1)

is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect an amount equal to all or any part of the pay, allowances, or differentials, as applicable, that the employee normally would have earned during that period if the personnel action had not occurred, less any amounts earned by him through other employment during that period; and

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“(2)“(2)

for all purposes, is deemed to have performed service for the agency during that period, except that the employee may not. be credited, under this section, leave in an amount that would cause the amount of leave to his credit to exceed the maximum amount of the leave authorized for the employee by law or regulation.

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“(c)“(c)

The Civil Service Commission shall prescribe regulations to carry out this section. However, the regulations are not. applicable to the Tennessee Valley Authority and its employees.”

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by amending the heading of subchapter IX to read as follows:

“subchapter IX— severance pay and back pay”;

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by striking out items 5591, 5592, 5593, and 5594; and

by inserting the following new items at the end thereof:

by amending subsection (a) (2) thereof by striking out the figure “7,000” and inserting the figure “11,000” in place thereof;

by amending subsection (c) by inserting the following new sentence at the end thereof: “However, under regulations prescribed by the President, payment of actual expenses may be made when the head of the agency determines that payment of actual expenses is more economical to the Government.”;

by amending subsection (e) by inserting the following new sentence at the end thereof: “However, under regulations prescribed by the President, in a transfer from one agency to another because of a reduction in force or transfer of function, expenses authorized by this section and sections 5726(b) and 5727 of this title (other than expenses authorized in connection with a transfer to a foreign country) and by section 5724(a), (b) of this title may be paid in whole or in part by the agency from which the employee transfers or by the agency to which he transfers, as may be agreed on by the heads of the agencies concerned.”; and

by inserting the following new subsection at the end thereof:

“(i)“(i)

An agency may pay travel and transportation expenses (including storage of household goods and personal effects) and other

Infra.

relocation allowances under this section and sections 5724a and 5726

Post, p. 206.

(c) of this title when an employee is transferred within the continental United States only after the employee agrees in writing to remain in the Government service for 12 months after his transfer, unless separated for reasons beyond his control that are acceptable to the agency concerned. If the employee violates the agreement, the money spent by the United States for the expenses and allowances is recoverable from the employee as a debt due the United States.”

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Chapter 57 is amended by inserting the following new section after section 5724:

Ҥ 5724a. Relocation expenses of employees transferred or reemployed

“(a)“(a)

Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency for administrative expenses are available for the reimbursement of all or part of the following expenses of an employee for whom the Government pays expenses of travel and transportation under section 5724 (a) of this title:

“(1)“(1)

Expenses of per diem allowance instead of the subsistence expenses of the immediate family of the employee while en route between his old and new official stations, not in excess of the maximum per diem rates prescribed by or under section 5702 of this title.

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“(2)“(2)

Expenses of per diem allowance instead of subsistence of the employee and his spouse, not in excess of the maximum per diem rates prescribed by or under section 5702 of this title. Expenses of transportation to seek permanent residence quarters at a new official station when both the old and new stations are located within the continental United States. However, expenses under this paragraph may be allowed only for one round trip in connection with each change of station of the employee.

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“(3)“(3)

Subsistence expenses of the employee and his immediate family for a period of 30 days while occupying temporary quarters when the new official station is located within the United States, its territories or possessions, the Commonwealth of Puerto Rico, or the Canal Zone. The period of residence in temporary quarters may be extended for an additional 30 days when the employee moves to or from Hawaii, Alaska, the territories or possessions, the Commonwealth of Puerto Rico, or the Canal Zone. The regulations shall prescribe average daily rates for subsistence expenses per individual, not in excess of the maximum per diem rates prescribed by or under section 5702 of this title, for the

80 Stat. 498.

location in which the temporary quarters are located. Reimbursement for subsistence expenses actually incurred may not exceed these daily rates for the first 10 days of the period, two-thirds of the rates for the second 10 days, and one-half of the rates for the balance of the period, including the additional 30 days.

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“(4)“(4)

Expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old station and purchase of a home at the new official station required to be paid by him when the old and new official stations are located within the United States, its territories or possessions, the Commonwealth of Puerto Rico, or the Canal Zone. However, reimbursement for brokerage fees on the sale of the residence and other expenses under this paragraph may not exceed those customarily charged in the locality where the residence is located, and reimbursement may not be made for losses on the sale of the residence. This paragraph applies regardless of whether title to the residence or the unexpired lease is in the name of the employee alone, in the joint names of the employee and a member of his immediate family, or in the name of a member of his immediate family alone.

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“(b)“(b)

Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, and notwithstanding other reimbursement authorized under this subchapter, an employee who is reimbursed under subsection (a) of this section or section 5724(a) of this title is entitled to—

“(1)“(1)

an amount not to exceed 2 weeks’ basic pay, if he has an immediate family; or

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“(2)“(2)

an amount not to exceed 1 week’s basic pay, if he does not have an immediate family.

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However, the amounts may not exceed amounts determined from the maximum rate for GS–13.

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“(c)“(c)

Under such regulations as the President may prescribe, a former employee separated by reason of reduction in force or transfer of function who within 1 year after the separation is reemployed by a non-temporary appointment at a different geographical location from that where the separation occurred may be allowed and paid the expenses authorized by sections 5724, 5725, 5726(b), and 5727 of this title, and may receive the benefits authorized by subsections (a) and

80 Stat. 502.

(b) of this section, in the same manner as though he had been transferred in the interest of the Government without a break in service to the location of reemployment from the location where separated.”

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The analysis of chapter 57 is amended by inserting the following new item after item 5724:

by amending subsection (a) by striking out “this section” and inserting “subsection (b) of this section” in place thereof;

by amending subsection (b) by striking out the figure “7,000” and inserting the figure “11,000” in place thereof; and

by inserting the following new subsection at the end thereof:

“(c)“(c)

Under such regulations as the President may prescribe, when an employee, including a new appointee and a student trainee to

80 Stat. 502.

the extent authorized by section 5723 of this title, is assigned to a permanent duty station at an isolated location in the continental United States to which he cannot take or at which he is unable to use his household goods and personal effects because of the absence of residence quarters at the location, non-temporary storage expenses or storage at Government expense in Government-owned facilities (including related transportation and other expenses), whichever is more economical, may be allowed the employee under regulations prescribed by the head of the agency concerned. The weight of property stored under this subsection, together with the weight of property

Ante, p. 204.

transported under sections 5723(a) and 5724(a) of this title, may not exceed the total maximum weight the employee would be entitled to have moved. The period of non-temporary storage under this subsection may not exceed 3 years.”

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by striking out “$100” wherever it appears in subsection (a) and inserting “$125” in place thereof;

by striking out “subsection (d) of this section” in the third sentence in subsection (a) and inserting “section 5903 of this title” in place thereof;

by inserting the following new sentence at the end of subsection (a): “When the agency pays direct to the uniform vendor, the head of the agency may deduct a service charge of not more than 4 percent.”; and

by striking out subsection (d).

Chapter 59 is amended by inserting the following new sections after section 5901:

Ҥ 5902. Increase in maximum uniform allowance

“Notwithstanding section 5901 of this title, each of the respective maximum uniform allowances in effect on April 1, 1966, for the respective categories of employees to whom uniform allowances are paid under section 5901 of this title are increased, subject to the maximum allowance authorized by section 5901 of this title, as follows:

“(1)“(1)

If the maximum uniform allowance is $100 or more, it is increased by 25 percent.

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“(2)“(2)

If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent.

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“(3)“(3)

If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent.

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“(4)“(4)

If the maximum uniform allowance is less than $50, it is increased by 40 percent.

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The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be reduced.

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Ҥ5903. Regulations

“The Director of the Bureau of the Budget shall prescribe regulations necessary for the uniform administration of this subchapter.”

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The analysis of chapter 59 is amended by inserting the following new items after item 5901:

by inserting after the word “islands” the words “or at the United States Atomic Energy Commission Nevada Test Site, including the Nuclear Rocket Development Station,”; and

by inserting in the catchline after the word “islands” the words “or at Nevada Test Site”.

by amending the heading of subchapter IV, preceding section 7341, to read as follows:

“subchapter iv— foreign gifts and decorations”;

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by striking out section 7341; and

by inserting the following new section in subchapter IV thereof:

Ҥ7342. Receipt and disposition of foreign gifts and decorations

“(a)“(a)

For the purpose of this section—

“(1)“(1)

‘employee’ means—

“(A)“(A)

an employee as defined by section 2105 of this title;

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“(B)“(B)

an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or of the District of Columbia;

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“(C)“(C)

a member of a uniformed service;

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“(D)“(D)

the President;

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“(E)“(E)

a Member of Congress as defined by section 2106 of this title; and

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“(F)“(F)

a member of the family and household of an individual described in subparagraphs (A)-(E) of this paragraph;

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“(2)“(2)

‘foreign government’ means a foreign government and an official agent, or representative thereof;

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“(3)“(3)

‘gift’ means a present or thing, other than a decoration, tendered by or received from a foreign government; and

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“(4)“(4)

‘decoration’ means an order, device, medal, badge, insignia, or emblem tendered by or received from a foreign government.

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“(b)“(b)

An employee may not request or otherwise encourage the tender of a gift or decoration.

#

“(c)“(c)

Congress consents to—

“(1)“(1)

the accepting and retaining by an employee of a gift of minimal value tendered or received as a souvenir or mark of courtesy; and

#

“(2)“(2)

the accepting by an employee of a gift of more than minimal value when it appears that to refuse the gift would be likely to cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States.

#

However, a gift of more than minimal value is deemed to have been accepted on behalf of the United States and shall be deposited by the donee for use and disposal as the property of the United States under regulations prescribed under this section.

#

“(d)“(d)

Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the agency, office or other entity in which the employee is employed and the concurrence of the Secretary of State. Without this approval and concurrence, the decoration shall be deposited by the donee for use and disposal as the property of the United States under regulations prescribed under this section.

#

“(e)“(e)

The President may prescribe regulations to carry out the purpose of this section.”

#

#

by amending the heading of subchapter IV to read as follows:

“subchapter IV— foreign gifts and decorations”;

#

by striking out item 7341; and

by inserting the following new item:

by striking out “and” after the semicolon in paragraph

by striking out the period at the end of paragraph (16) and inserting a semicolon in place thereof; and

by inserting the following new paragraphs after paragraph (16):

“(17)“(17)

‘student’ means an individual under 23 years of age who

“Student.”

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)

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)“(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)“(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)“(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)“(18)

‘price index’ means the Consumer Price Index (all

“Price index.”

items—United States city average) published monthly by the Bureau of Labor Statistics; and

#

“(19)“(19)

‘base month’ means the month of July 1966 and each

“Base month.”

later month which is used as a basis for calculating an increase under section 8146a of this title.”

Post, p. 212.

#

by inserting the following new sentence flush at the end of subsection (a) : “Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries.”;

by striking out “including compensation payable under the schedule in section 8107(c) by virtue of section 8107(b) of this title” in subsection (b) (1); and

by striking out the last sentence of subsection (b).

by striking out “due to radiation or other cause” in subsection (b); and

by inserting the following new subsection after subsection (c):

“(d)“(d)

The time limitations in subsections (a)-(c) of this section do not—

“(1)“(1)

begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or

#

“(2)“(2)

run against an incompetent individual while he is incompetent and has no duly appointed legal representative.”

#

#

by inserting the designation “(a)” before “The”, at the beginning thereof;

by inserting the following new subsection at the end thereof:

“(b)“(b)

(1)(1)

Before review under section 8128(a) of this title, a claimant

80 Stat. 545.

for compensation not satisfied with a decision of the Secretary under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision.

#

“(2)“(2)

In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 554 of this title except as

80 Stat. 384.

provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim.”; and

#

#

by amending the catchine to read as follows:

§ 8124. Findings and award; hearings

#

by inserting the following new sentence flush at the end of subsection (b): “Notwithstanding paragraph (3) of this subsection, compensation payable to or for a child, a brother or sister, or a grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long

Ante, p. 209.

as he continues to be such a student or until he marries.”; and

by amending subsection (e) to read:

“(e)“(e)

In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2. However, the total monthly compensation may not exceed—

“(1)“(1)

the monthly pay computed under section 8114 of this title;

80 Stat. 540.

or

#

“(2)“(2)

75 percent of the monthly pay of the maximum rate of basic pay for GS-15.”

#

#

by inserting the designation “(a)” before the word “The” at the beginning thereof; and

by inserting the following new subsection at the end thereof:

“(b)“(b)

On remarriage, a widow or widower entitled to compensation

80 Stat. 547.

under section 8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which he was entitled immediately before the remarriage.”

#

by amending subsection (a)(1) to read as follows:

“(1)“(1)

the monthly pay of an enrollee is deemed that received at the minimum rate for GS–2;”;

#

by amending subsection (a) (3) to read as follows:

“(3)“(3)

‘performance of duty’ does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps.”; and

#

by amending subsection (b) to read as follows:

“(b)“(b)

This subchapter applies to a volunteer in service to America during training under section 2991a(a) of title 42 and a volunteer in service to America assigned under section 299la (a) (2) of title 42 to the same extent as enrollees of the Job Corps under subsection (a) of this section. However, for the purpose of the computation described in subsection (a) (1) of this section, the monthly pay of a volunteer is deemed that received at the minimum rate for GS–7.”

#

Chapter 81 is amended by inserting the following new section after section 8143:

Ҥ 8143a. Members of the National Teacher Corps

“Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. In administering this subchapter for a member covered by this section—

“(1)“(1)

‘performance of duty’ does not include an act of a member while—

“(A)“(A)

on authorized leave; or

#

“(B)“(B)

absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner of Education; and

#

#

“(2)“(2)

in computing compensation for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS-6, whichever is greater.”

#

#

The analysis of chapter 81 is amended by inserting the following new item after item 8143:

Chapter 81 is amended by inserting the following new section after section 8146:

Ҥ 8146a. Cost-of-living adjustment of compensation

“(a)“(a)

Each month the Secretary of Labor shall determine the percent change in the price index. Effective the first day of the third month which begins after the price index change equals a rise of at least 3 percent for 3 consecutive months over the price index for the latest base month, compensation payable on account of disability or death which occurred more than 1 year before that first day shall be increased by the percent rise in the price index (calculated on the highest level of the price index during the 3 consecutive months) adjusted to the nearest one-tenth of 1 percent.

#

“(b)“(b)

The monthly compensation after adjustment under this section shall be fixed at the nearest dollar. However, the monthly compensation after adjustment shall reflect an increase of at least $1.”

#

#

The analysis of chapter 81 is amended by inserting the following new item after item 8146:

by inserting before the period at the end of the first sentence the following: “including rules and regulations for the conduct of hearings under section 8124 of this title”; and

Ante, p. 210.

by inserting the following new sentence at the end thereof: “In adjudicating claims under section 8146 of this title, the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.”

by amending paragraph (1)(B) and (C) to read as follows:

“(B)“(B)

the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;

#

“(C)“(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

80 Stat. 409.

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;

#

by amending paragraph (1)(D) by striking out the words “come within the purview of” and inserting “become subject to” in place thereof;

by amending paragraph (2) by striking out the words “come within the purview of” and inserting “become subject to” in place thereof;

by amending paragraph (3)(B)(ii) by striking out the words “and 60e-ll” and inserting “60e-1l, 60e-12, and 60e-13” in place thereof;

by amending paragraph (8) (C) by striking out the words “not within the purview of” and inserting “in which he does not continue subject to” in place thereof;

by amending paragraph (13) (C) by striking out the words “Coast and Geodetic Survey” and inserting “Environmental Science Services Administration” in place thereof;

by striking out the word “and” after the semicolon at the end of paragraph (14);

by amending paragraph (15) to read as follows:

“(15)“(15)

‘price index’ means the Consumer Price Index (all

“Price index.”

items—United States city average) published monthly by the Bureau of Labor Statistics; and”; and

#

by inserting the following new paragraph after paragraph (15):

“(16)“(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.”

#

by striking out the word “or” at the end of paragraph (2);

by striking out the period at the end of paragraph (3) and inserting “; or” in place thereof; and

by inserting the following new paragraph after paragraph (3):

“(4)“(4)

service performed before January 1, 1950, by natives of the Pribilof Islands in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands.”

#

by amending subsection (a) (4) by striking out the words “received more than half his support from and”; and by striking out the words “21 years”, “21st birthday”, and “4 months” wherever they occur and inserting in place thereof the words “22 years,” “22nd birthday”, and “5 months”, respectively;

by amending subsection (b) by striking out the last sentence and inserting the following new sentence in place thereof:

“This annuity and the right thereto terminate on the last day of the month before—

“(1)“(1)

the spouse of a retired employee dies, or remarries before becoming 60 years of age; or

#

“(2)“(2)

the spouse of a retired Member dies or remarries.”;

#

by amending subsection (d) by striking out the last sentence and inserting the following new sentence in place thereof:

“This annuity and the right thereto terminate on the last day of the month before—

“(1)“(1)

the widow or dependent widower dies;

#

“(2)“(2)

the dependent widower becomes capable of selfsupport;

#

“(3)“(3)

the widow or dependent widower of an employee remarries before becoming 60 years of age; or

#

“(4)“(4)

the widow or dependent widower of a Member remarries.”;

#

by amending subsection (e) to read as follows:

“(e)“(e)

(1)(1)

If an employee or Member dies after completing at least 5 years of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of—

“(A)“(A)

40 percent of the average pay of the employee or Member divided by the number of children;

#

“(B)“(B)

$600; or

#

“(C)“(C)

$1,800 divided by the number of children; subject to section 8340 of this title. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of—

“(i)“(i)

50 percent of the average pay of the employee or Member divided by the number of children;

#

“(ii)“(ii)

$720; or

#

“(iii)“(iii)

$2,160 divided by the number of children; subject to section 8340 of this title.

#

#

#

“(2)“(2)

The annuity of a child under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, commences

46 Stat. 468;

62 Stat. 48.

on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a) (4) of this

Ante, p. 216.

section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child—

“(A)“(A)

becomes 18 years of age unless he is then a student as described or incapable of self-support;

#

“(B)“(B)

becomes capable of self-support after becoming 18 years of age unless he is then such a student;

#

“(C)“(C)

becomes 22 years of age if he is then such a student and capable of self-support;

#

“(D)“(D)

ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or

#

“(E)“(E)

dies or marries;

#

whichever first occurs. On the death of the surviving spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse or child had not survived the employee or Member.”; and

#

#

by inserting the following new subsection after subsection (f):

“(g)“(g)

In the case of a surviving spouse whose annuity under this section is terminated after July 18, 1966, because of remarriage before becoming 60 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if—

“(1)“(1)

the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage ; and

#

“(2)“(2)

any lump sum paid on termination of the annuity is returned to the Fund.”

#

#

by amending subsection (a) by striking out the words “not within the purview of” and inserting “in which he does not continue subject to” in place thereof;

by amending the first order of precedence in subsection (c) to read as follows:

“First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Commission before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.”; and

by inserting at the end of subsection (c) the following new flush sentence: “For the purpose of this subsection, ‘child’ includes a natural child and an adopted child, but does not include a stepchild.”

by amending the third sentence of subsection (a) by inserting the words “, except for lump-sum leave payment purposes under section 5551 of this title” after the word “pay”;

80 Stat. 488.

by amending the penultimate sentence in subsection (a) to read as follows:

“Notwithstanding the restrictions contained in section 115 of the Social Security Amendments of 1954 (68 Stat.

42 USC 410 note.

1087), a similar right to redetermination after deposit is applicable to an annuitant—

“(i)“(i)

whose annuity is based on an involuntary separation from the service; and

#

“(ii)“(ii)

who is separated after July 11, 1960, following such a period of employment on a full-time basis that began before October 1, 1956.”;

#

by amending subsection (b) (1) by striking out the words “within the purview of” and inserting “subject to” in place thereof; and

by amending subsection (b) (2) (C) by inserting the words “, except for lump-sum leave payment purposes under section 5551 of this title” after the word “pay”.

by amending subsection (a) to read as follows:

“(a)“(a)

There is a Civil Service Retirement and Disability Fund. The Fund is appropriated for payment of—

“(1)“(1)

benefits as provided by this subchapter; and

#

“(2)“(2)

administrative expenses incurred by the Civil Service Commission in placing in effect each annuity adjustment granted under section 8340 of this title.”; and

#

#

by amending subsection (f) by striking out the words “Civil Service Commission” and inserting “Commission” in place thereof.

by striking out “Except as provided by subsection (c) of this section, the” in subsection (b) and inserting “The” in place thereof; and

by striking out subsection (c).

by striking out the last sentence in subsection (a); and

by amending subsection (b) to read:

“(b)“(b)

In the case of a Federal employee whose Federal service and Federal wages are assigned under sect ion 8504 of this title to the Virgin Islands, the Secretary, under regulations prescribed by him and on the filing of a claim for compensation under this subsection by the Federal employee, shall pay the compensation to him in the same amounts, on the same terms, and subject to the same conditions as would be paid to him under the unemployment compensation law of the District of Columbia if his Federal service and Federal wages had been included as employment and wages under that law. However, if the Federal employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that law, then payments of compensation under this subsection may be made only on the basis of his Federal service and Federal wages.”

#

by amending paragraph (3) to read:

“(3)“(3)

if his first claim is filed while he is residing in the Virgin Islands, his Federal service and Federal wages shall be assigned to the Virgin Islands.”; and

#

by striking out the last sentence.

by striking out “and” after the semicolon at the end of paragraph (1) (B) (ii);

by striking out the period at the end of paragraph (2) and inserting “; and” in place thereof; and

by inserting the following new paragraph after paragraph (2):

“(3)“(3)

‘State’ means the several States, the District of Columbia, and the Commonwealth of Puerto Rico.”

#

by amending the first order of precedence in subsection (a) to read as follows:

“First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by section 8706 (b) or (c) of this title, in the Civil Service Commission. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.”; and

by striking out “Civil Service” in subsection (c).

by amending the catchline to read:

“§8713. Advisory committee”;

#

by striking out subsection (a) ;and

by striking out “The Chairman of the Commission” in subsection (b) and inserting in place thereof “The Chairman of the Civil Service Commission”.

by amending subsection (a) to read as follows:

“(a)“(a)

Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter, in addition to the contribution required by subsection (c) of this section, is $1.62 if the enrollment is for self alone or $3.94 if the enrollment is for self and family.”;

#

by striking out the words “described by section 8903 (3) or (4) of this title” in subsection (b);

by inserting “(1)” immediately after “(e)” in subsection (e); and

by inserting the following new paragraph after subsection (e):

“(2)“(2)

An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed

80 Stat. 600.

primarily of employees as defined by section 8901 of this title, within 00 days after entering on that leave without pay, may file with his employing agency an election to continue his health benefits enrollment and arrange to pay currently into the Employees Health Benefits Fund, through his employing agency, both employee and agency contributions from the beginning of leave without pay. The employing agency shall forward the enrollment charges so paid to the Fund. If the employee does not so elect, his enrollment will continue during nonpay status and end as provided by paragraph (1) of this subsection and implementing regulations.”

#

by striking out paragraph (1) (B) and (C) and inserting in place thereof:

“(B)“(B)

an office or officer in the executive branch; and

#

“(C)“(C)

any and all parts of the government of the District of Columbia other than the courts thereof;”;

#

by striking out the word “and” at the end of paragraph (1);

by striking out the period at the end of paragraph (2) and inserting “; and” in place thereof; and

by inserting the following new paragraph after paragraph (2):

“(3)“(3)

‘officer’ is not limited by section 2104 of this title.”

#

a notarized statement from the chief law enforcement officer of the town, city, or county in which the applicant resides, attesting to his general reputation so far as police and court records are concerned;

a notarized statement from his employer, if employed, giving the employer’s address, and attesting to the applicant’s general reputation and employment record;

notarized statements from not less than five persons, attesting that they have personally known him for at least three years as a person of good reputation and exemplary conduct, and the extent of personal contact they have had with him; and

such independent investigations as the Secretary of Labor may make.