79–006 

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 

2 

1Pub. L. 85–745 (1958), codified as amended at 3 U.S.C. § 102 note. 2Wendy Ginsberg, Cong. Research Serv., RL34631, Former Presidents: Pensions, Office Allowances, and Other Federal Benefits 1, App. A, (Mar. 16, 2016). 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. § 5312. 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. 

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

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. 

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

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 

3 

7Philip 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. 9Warren, Sanders Unhappy by Wall Street-paid Obama Speech, Associated Press, Apr. 28, 

2017. 10Tufayel Ahmed, Barack and Michelle Obama Sign Joint Book Deal Worth Over $65 million: 

Report, Newsweek, Mar. 1, 2017. 11Forbes: 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). 

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

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. 

4 

12 Veto Message from the President (H. Doc. 114–155) (July 25, 2016). 

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

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 transiVerDate Sep 11 2014 23:55 Nov 14, 2017 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR407.XXX HR407
5 

tion 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 subVerDate Sep 11 2014 23:55 Nov 14, 2017 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR407.XXX HR407
6 

mitted 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. 

7 

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 

8 

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, øThat (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.¿ 

ø(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. 

9 

ø(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 

10 

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 øwidow¿ widow or widower of 

each former President shall be entitled to receive from the United 

States a monetary allowance at a rate of ø$20,000 per annum,¿ 

$100,000 per year (subject to paragraph (4)), payable monthly by 

11 

the Secretary of the Treasury, if such øwidow¿ widow or widower 

shall waive the right to each other annuity or pension to which 

øshe¿ she or he is entitled under any other Act of Congress. The 

monetary allowance of such øwidow¿ widow or widower— 

(1) commences on the day after the former President dies; 

(2) terminates on the last day of the month before such 

øwidow¿ widow or widower— 

(A) dies; or 

(B) remarries before becoming 60 years of age;ø and¿ 

(3) is not payable for any period during which such øwidow¿ 

widow or widower holds an appointive or elective office or position in or under the Federal Government øor the government 

of the District of Columbia¿ to which is attached a rate of pay 

other than a nominal rateø.¿; 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 

12 

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. 

ø(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. 

ø(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 

§ 8101. Definitions 

For the purpose of this subchapter— 

(1) ‘‘employee’’ means— 

13 

(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 ø1(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 

14 

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; 

15 

(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 

16 

(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 

§ 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 ø1(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 

17 

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, parttime, 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 

18 

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, 60e13, 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 secVerDate Sep 11 2014 23:55 Nov 14, 2017 Jkt 079006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6601 E:\HR\OC\HR407.XXX HR407
19 

tion 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; 

20 

(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 

21 

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; 

22 

(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 longterm 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. 

* * * * * * * 

CHAPTER 87—LIFE INSURANCE 

* * * * * * * 

§ 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; 

23 

(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 ø1(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. 

24 

(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. 

* * * * * * * 

CHAPTER 89—HEALTH INSURANCE 

* * * * * * * 

§ 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 ø1(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— 

25 

(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 conVerDate Sep 11 2014 23:55 Nov 14, 2017 Jkt 079006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6601 E:\HR\OC\HR407.XXX HR407
26 

tracts, 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 disVerDate Sep 11 2014 23:55 Nov 14, 2017 Jkt 079006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6601 E:\HR\OC\HR407.XXX HR407
27 

solved 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). 

* * * * * * * 

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 VicePresidents-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. 

øThe 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.¿ 

* * * * * * * 

Æ