104TH CONGRESS

2D SESSION S. 868

AMENDMENT
In the House of Representatives, U. S.,

September 25, 1996.

Resolved, That the bill from the Senate (S. 868) entitled

‘‘An Act to provide authority for leave transfer for Federal

employees who are adversely affected by disasters or emergencies, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause, and insert:
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1 TITLE I—EMERGENCY LEAVE

2 TRANSFERS

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Federal Employees

5 Emergency Leave Transfer Act of 1996’’.

6 SEC. 102. AUTHORITY.

7 (a) IN GENERAL.—Chapter 63 of title 5, United States

8 Code, is amended by adding after subchapter V the follow9 ing new subchapter:

10 ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN

11 DISASTERS AND EMERGENCIES

12 ‘‘§ 6391. Authority for leave transfer program in disas13 ters and emergencies

14 ‘‘(a) For the purpose of this section—

15 ‘‘(1) ‘employee’ means an employee as defined in

16 section 6331(1); and

17 ‘‘(2) ‘agency’ means an Executive agency.

18 ‘‘(b) In the event of a major disaster or emergency,

19 as declared by the President, that results in severe adverse

20 effects for a substantial number of employees, the President

21 may direct the Office of Personnel Management to establish

22 an emergency leave transfer program under which any em23 ployee in any agency may donate unused annual leave for

24 transfer to employees of the same or other agencies who are

25 adversely affected by such disaster or emergency.
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1 ‘‘(c) The Office of Personnel Management shall estab2 lish appropriate requirements for the operation of the emer3 gency leave transfer program under subsection (b), includ4 ing appropriate limitations on the donation and use of an5 nual leave under the program. An employee may receive

6 and use leave under the program without regard to any

7 requirement that any annual leave and sick leave to a leave

8 recipient’s credit must be exhausted before any transferred

9 annual leave may be used.

10 ‘‘(d) A leave bank established under subchapter IV

11 may, to the extent provided in regulations prescribed by the

12 Office of Personnel Management, donate annual leave to the

13 emergency leave transfer program established under sub14 section (b).

15 ‘‘(e) Except to the extent that the Office of Personnel

16 Management may prescribe by regulation, nothing in sec17 tion 7351 shall apply to any solicitation, donation, or ac18 ceptance of leave under this section.

19 ‘‘(f) The Office of Personnel Management shall pre20 scribe regulations necessary for the administration of this

21 section.’’.

22 (b) CLERICAL AMENDMENT.—The analysis for chapter

23 63 of title 5, United States Code, is amended by adding

24 at the end thereof the following:
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‘‘SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND

EMERGENCIES

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

1 SEC. 103. EFFECTIVE DATE.

2 The amendments made by section 102 shall take effect

3 on the date of enactment of this Act.

4 TITLE II—VETERANS’

5 PREFERENCE

6 SEC. 201. SHORT TITLE.

7 This title may be cited as the ‘‘Veterans Employment

8 Opportunities Act of 1996’’.

9 SEC. 202. EQUAL ACCESS FOR VETERANS.

10 (a) COMPETITIVE SERVICE.—Section 3304 of title 5,

11 United States Code, is amended by adding at the end the

12 following:

13 ‘‘(f)(1) No preference eligible, and no individual (other

14 than a preference eligible) who has been separated from the

15 armed forces under honorable conditions after 3 or more

16 years of active service, shall be denied the opportunity to

17 compete for an announced vacant position within an agen18 cy, in the competitive service or the excepted service, by rea19 son of—

20 ‘‘(A) not having acquired competitive status; or

21 ‘‘(B) not being an employee of such agency.

22 ‘‘(2) Nothing in this subsection shall prevent an agency

23 from filling a vacant position (whether by appointment or
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1 otherwise) solely from individuals on a priority placement

2 list consisting of individuals who have been separated from

3 the agency due to a reduction in force and surplus employ4 ees (as defined under regulations prescribed by the Office).’’.

5 (b) CIVIL SERVICE EMPLOYMENT INFORMATION.—

6 (1) VACANT POSITIONS.—Section 3327(b) of title

7 5, United States Code, is amended by striking ‘‘and’’

8 at the end of paragraph (1), by redesignating para9 graph (2) as paragraph (3), and by inserting after

10 paragraph (1) the following:

11 ‘‘(2) each vacant position in the agency for

12 which competition is restricted to individuals having

13 competitive status or employees of such agency, ex14 cluding any position under paragraph (1), and’’.

15 (2) ADDITIONAL INFORMATION.—Section 3327 of

16 title 5, United States Code, is amended by adding at

17 the end the following:

18 ‘‘(c) Any notification provided under this section shall,

19 for all positions under subsection (b)(1) as to which section

20 3304(f) applies and for all positions under subsection

21 (b)(2), include a notation as to the applicability of section

22 3304(f) with respect thereto.

23 ‘‘(d) In consultation with the Secretary of Labor, the

24 Office shall submit to Congress and the President, no less
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1 frequently than every 2 years, a report detailing, with re2 spect to the period covered by such report—

3 ‘‘(1) the number of positions listed under this

4 section during such period;

5 ‘‘(2) the number of preference eligibles and other

6 individuals described in section 3304(f)(1) referred to

7 such positions during such period; and

8 ‘‘(3) the number of preference eligibles and other

9 individuals described in section 3304(f)(1) appointed

10 to such positions during such period.’’.

11 (c) GOVERNMENTWIDE LISTS.—

12 (1) VACANT POSITIONS.—Section 3330(b) of title

13 5, United States Code, is amended to read as follows:

14 ‘‘(b) The Office of Personnel Management shall cause

15 to be established and kept current—

16 ‘‘(1) a comprehensive list of all announcements

17 of vacant positions (in the competitive service and the

18 excepted service, respectively) within each agency that

19 are to be filled by appointment for more than 1 year

20 and for which applications are being or will soon be

21 accepted from outside the agency’s work force; and

22 ‘‘(2) a comprehensive list of all announcements

23 of vacant positions within each agency for which ap24 plications are being or will soon be accepted and for

25 which competition is restricted to individuals having
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1 competitive status or employees of such agency, ex2 cluding any position required to be listed under para3 graph (1).’’.

4 (2) ADDITIONAL INFORMATION.—Section 3330(c)

5 of title 5, United States Code, is amended by striking

6 ‘‘and’’ at the end of paragraph (2), by redesignating

7 paragraph (3) as paragraph (4), and by inserting

8 after paragraph (2) the following:

9 ‘‘(3) for all positions under subsection (b)(1) as

10 to which section 3304(f) applies and for all positions

11 under subsection (b)(2), a notation as to the applica12 bility of section 3304(f) with respect thereto; and’’.

13 (3) CONFORMING AMENDMENT.—Section 3330(d)

14 of title 5, United States Code, is amended by striking

15 ‘‘The list’’ and inserting ‘‘Each list under subsection

16 (b)’’.

17 (d) PROVISIONS RELATING TO THE UNITED STATES

18 POSTAL SERVICE.—

19 (1) IN GENERAL.—Subsection (a) of section 1005

20 of title 39, United States Code, is amended by adding

21 at the end the following:

22 ‘‘(5)(A) The provisions of section 3304(f) of title 5 shall

23 apply with respect to the Postal Service in the same manner

24 and under the same conditions as if the Postal Service were

25 an agency within the meaning of such provisions.
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1 ‘‘(B) Nothing in this subsection shall be considered to

2 require that the Postal Service accept an application from

3 a preference eligible or any other individual described in

4 paragraph (1) of such section 3304(f), who is not an em5 ployee of the Postal Service, if—

6 ‘‘(i) the vacant position involved is advertised

7 for bids pursuant to a collective-bargaining agree8 ment;

9 ‘‘(ii) the collective-bargaining agreement restricts

10 competition for such position to individuals employed

11 in the specific bargaining unit or facility within the

12 Postal Service in which the position is located;

13 ‘‘(iii) the collective-bargaining agreement pro14 vides that the successful bid shall be selected solely on

15 the basis of seniority; and

16 ‘‘(iv) selection does not result in a promotion or

17 change in duties for the successful bidder.

18 ‘‘(C) The provisions of this paragraph shall not be

19 modified by any program developed under section 1004 of

20 this title or any collective-bargaining agreement entered

21 into under chapter 12 of this title.’’.

22 (2) CONFORMING AMENDMENT.—The first sen23 tence of section 1005(a)(2) of title 39, United States

24 Code, is amended by striking ‘‘title.’’ and inserting

25 ‘‘title, subject to paragraph (5) of this subsection.’’.
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1 SEC. 203. SPECIAL PROTECTIONS FOR PREFERENCE ELIGI2 BLES IN REDUCTIONS IN FORCE.

3 (a) IN GENERAL.—Section 3502 of title 5, United

4 States Code, as amended by section 1034 of the National

5 Defense Authorization Act for Fiscal Year 1996 (Public

6 Law 104–106; 110 Stat. 430), is amended by adding at

7 the end the following:

8 ‘‘(g)(1) A position occupied by a preference eligible

9 shall not be placed in a single-position competitive level if

10 the preference eligible is qualified to perform the essential

11 functions of any other position at the same grade (or occu12 pational level) in the competitive area. In such cases, the

13 preference eligible shall be entitled to be placed in another

14 competitive level for which such preference eligible is quali15 fied. If the preference eligible is qualified for more than one

16 competitive level, such preference eligible shall be placed in

17 the competitive level containing the most positions.

18 ‘‘(2) For purposes of paragraph (1)—

19 ‘‘(A) a preference eligible shall be considered

20 qualified to perform the essential functions of a posi21 tion if, by reason of experience, training, or education

22 (and, in the case of a disabled veteran, with reason23 able accommodation), a reasonable person could con24 clude that the preference eligible would be able to per25 form those functions successfully within a period of

26 150 days; and
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1 ‘‘(B) a preference eligible shall not be considered

2 unqualified solely because such preference eligible does

3 not meet the minimum qualification requirements re4 lating to previous experience in a specified grade (or

5 occupational level), if any, that are established for

6 such position by the Office of Personnel Management

7 or the agency.

8 ‘‘(h) In connection with any reduction in force, a pref9 erence eligible whose current or most recent performance

10 rating is at least fully successful (or the equivalent) shall

11 have, in addition to such assignment rights as are pre12 scribed by regulation, the right, in lieu of separation, to

13 be assigned to any position within the agency conducting

14 the reduction in force—

15 ‘‘(1) for which such preference eligible is quali16 fied under subsection (g)(2)—

17 ‘‘(A) that is within the preference eligible’s

18 commuting area and at the same grade (or occu19 pational level) as the position from which the

20 preference eligible was released, and that is then

21 occupied by an individual, other than another

22 preference eligible, who was placed in such posi23 tion (whether by appointment or otherwise)

24 within 6 months before the reduction in force if,

25 within 12 months prior to the date on which
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1 such individual was so placed in such position,

2 such individual had been employed in the same

3 competitive area as the preference eligible; or

4 ‘‘(B) that is within the preference eligible’s

5 competitive area and that is then occupied by an

6 individual, other than another preference eligible,

7 who was placed in such position (whether by ap8 pointment or otherwise) within 6 months before

9 the reduction in force; or

10 ‘‘(2) for which such preference eligible is quali11 fied that is within the preference eligible’s competitive

12 area and that is not more than 3 grades (or pay lev13 els) below that of the position from which the pref14 erence eligible was released, except that, in the case of

15 a preference eligible with a compensable service-con16 nected disability of 30 percent or more, this para17 graph shall be applied by substituting ‘5 grades’ for

18 ‘3 grades’.

19 In the event that a preference eligible is entitled to assign20 ment to more than 1 position under this subsection, the

21 agency shall assign the preference eligible to any such posi22 tion requiring no reduction (or, if there is no such position,

23 the least reduction) in basic pay. A position shall not, with

24 respect to a preference eligible, be considered to satisfy the

25 requirements of paragraph (1) or (2), as applicable, if it
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1 does not last for at least 12 months following the date on

2 which such preference eligible is assigned to such position

3 under this subsection.

4 ‘‘(i) A preference eligible may challenge the classifica5 tion of any position to which the preference eligible asserts

6 assignment rights (as provided by, or prescribed by regula7 tions described in, subsection (h)) in an action before the

8 Merit Systems Protection Board.

9 ‘‘(j)(1) Not later than 3 months after the date of the

10 enactment of this subsection, each Executive agency shall

11 establish an agencywide priority placement program to fa12 cilitate employment placement for employees who—

13 ‘‘(A)(i) are scheduled to be separated from service

14 due to a reduction in force under—

15 ‘‘(I) regulations prescribed under this sec16 tion; or

17 ‘‘(II) procedures established under section

18 3595; or

19 ‘‘(ii) are separated from service due to such a re20 duction in force; and

21 ‘‘(B)(i) have received a rating of at least fully

22 successful (or the equivalent) as the last performance

23 rating of record used for retention purposes; or

24 ‘‘(ii) occupy positions excluded from a perform25 ance appraisal system by law, regulation, or adminis-
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1 trative action taken by the Office of Personnel Man2 agement.

3 ‘‘(2)(A) Each agencywide priority placement program

4 under this subsection shall include provisions under which

5 a vacant position shall not (except as provided in this para6 graph or any other statute providing the right of reemploy7 ment to any individual) be filled by the appointment or

8 transfer of any individual from outside of that agency

9 (other than an individual described in subparagraph (B))

10 if—

11 ‘‘(i) there is then available any individual de12 scribed in subparagraph (B) who is qualified for the

13 position; and

14 ‘‘(ii) the position—

15 ‘‘(I) is at the same grade or pay level (or

16 the equivalent) or not more than 3 grades (or

17 grade intervals) below that of the position last

18 held by such individual before placement in the

19 new position;

20 ‘‘(II) is within the same commuting area as

21 the individual’s last-held position (as referred to

22 in subclause (I)) or residence; and

23 ‘‘(III) has the same type of work schedule

24 (whether full-time, part-time, or intermittent) as

25 the position last held by the individual.
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1 ‘‘(B) For purposes of an agencywide priority place2 ment program, an individual shall be considered to be de3 scribed in this subparagraph if such individual—

4 ‘‘(i)(I) is an employee of such agency who is

5 scheduled to be separated, as described in paragraph

6 (1)(A)(i); or

7 ‘‘(II) is an individual who became a former em8 ployee of such agency as a result of a separation, as

9 described in paragraph (1)(A)(ii), excluding any in10 dividual who separated voluntarily under subsection

11 (f); and

12 ‘‘(ii) satisfies clause (i) or (ii) of paragraph

13 (1)(B).

14 ‘‘(3)(A) If after a reduction in force the agency has

15 no positions of any type within the local commuting areas

16 specified in this subsection, the individual may designate

17 a different local commuting area where the agency has con18 tinuing positions in order to exercise reemployment rights

19 under this subsection. An agency may determine that such

20 designations are not in the interest of the Government for

21 the purpose of paying relocation expenses under subchapter

22 II of chapter 57.

23 ‘‘(B) At its option, an agency may administratively

24 extend reemployment rights under this subsection to include

25 other local commuting areas.
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1 ‘‘(4)(A) In selecting employees for positions under this

2 subsection, the agency shall place qualified present and

3 former employees in retention order by veterans’ preference

4 subgroup and tenure group.

5 ‘‘(B) An agency may not pass over a qualified present

6 or former employee to select an individual in a lower veter7 ans’ preference subgroup within the tenure group, or in a

8 lower tenure group.

9 ‘‘(C) Within a subgroup, the agency may select a

10 qualified present or former employee without regard to the

11 individual’s total creditable service.

12 ‘‘(5) An individual is eligible for reemployment prior13 ity under this subsection for 2 years from the effective date

14 of the reduction in force from which the individual will be,

15 or has been, separated under this section or section 3595,

16 as the case may be.

17 ‘‘(6) An individual loses eligibility for reemployment

18 priority under this subsection when the individual—

19 ‘‘(A) requests removal in writing;

20 ‘‘(B) accepts or declines a bona fide offer under

21 this subsection or fails to accept such an offer within

22 the period of time allowed for such acceptance, or

23 ‘‘(C) separates from the agency before being sepa24 rated under this section or section 3595, as the case

25 may be.
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1 A present or former employee who declines a position with

2 a representative rate (or equivalent) that is less than the

3 rate of the position from which the individual was sepa4 rated under this section retains eligibility for positions with

5 a higher representative rate up to the rate of the individ6 ual’s last position.

7 ‘‘(7) Whenever more than one individual is qualified

8 for a position under this subsection, the agency shall select

9 the most highly qualified individual, subject to paragraph

10 (4).

11 ‘‘(8) The Office of Personnel Management shall issue

12 regulations to implement this subsection.’’.

13 (b) EFFECTIVE DATE.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section shall

16 take effect on the date of the enactment of this Act.

17 (2) EXCEPTION.—The amendments made by this

18 section shall take effect with respect to the Depart19 ment of Defense at the end of the 1-year period begin20 ning on the date of the enactment of this Act.

21 SEC. 204. IMPROVED REDRESS FOR VETERANS.

22 (a) IN GENERAL.—Subchapter I of chapter 33 of title

23 5, United States Code, is amended by adding at the end

24 the following:
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1 ‘‘§ 3330a. Administrative redress

2 ‘‘(a)(1) Any preference eligible or other individual de3 scribed in section 3304(f)(1) who alleges that an agency has

4 violated such individual’s rights under any statute or regu5 lation relating to veterans’ preference, or any right afforded

6 such individual by section 3304(f), may file a complaint

7 with the Secretary of Labor.

8 ‘‘(2) A complaint under this subsection must be filed

9 within 60 days after the date of the alleged violation, and

10 the Secretary shall process such complaint in accordance

11 with sections 4322 (a) through (e)(1) and 4326 of title 38.

12 ‘‘(b)(1) If the Secretary of Labor is unable to resolve

13 the complaint within 60 days after the date on which it

14 is filed, the complainant may elect to appeal the alleged

15 violation to the Merit Systems Protection Board in accord16 ance with such procedures as the Merit Systems Protection

17 Board shall prescribe, except that in no event may any such

18 appeal be brought—

19 ‘‘(A) before the 61st day after the date on which

20 the complaint is filed under subsection (a); or

21 ‘‘(B) later than 15 days after the date on which

22 the complainant receives notification from the Sec23 retary of Labor under section 4322(e)(1) of title 38.

24 ‘‘(2) An appeal under this subsection may not be

25 brought unless—
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1 ‘‘(A) the complainant first provides written noti2 fication to the Secretary of Labor of such complain3 ant’s intention to bring such appeal; and

4 ‘‘(B) appropriate evidence of compliance with

5 subparagraph (A) is included (in such form and

6 manner as the Merit Systems Protection Board may

7 prescribe) with the notice of appeal under this sub8 section.

9 ‘‘(3) Upon receiving notification under paragraph

10 (2)(A), the Secretary of Labor shall not continue to inves11 tigate or further attempt to resolve the complaint to which

12 such notification relates.

13 ‘‘(c) This section shall not be construed to prohibit a

14 preference eligible from appealing directly to the Merit Sys15 tems Protection Board from any action which is appealable

16 to the Board under any other law, rule, or regulation, in

17 lieu of administrative redress under this section.

18 ‘‘§ 3330b. Judicial redress

19 ‘‘(a) In lieu of continuing the administrative redress

20 procedure provided under section 3330a(b), a preference eli21 gible or other individual described in section 3304(f)(1)

22 may elect, in accordance with this section, to terminate

23 those administrative proceedings and file an action with

24 the appropriate United States district court not later than

25 60 days after the date of the election.
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1 ‘‘(b) An election under this section may not be made—

2 ‘‘(1) before the 121st day after the date on which

3 the appeal is filed with the Merit Systems Protection

4 Board under section 3330a(b); or

5 ‘‘(2) after the Merit Systems Protection Board

6 has issued a judicially reviewable decision on the

7 merits of the appeal.

8 ‘‘(c) An election under this section shall be made, in

9 writing, in such form and manner as the Merit Systems

10 Protection Board shall by regulation prescribe. The election

11 shall be effective as of the date on which it is received, and

12 the administrative proceeding to which it relates shall ter13 minate immediately upon the receipt of such election.

14 ‘‘§ 3330c. Remedy

15 ‘‘(a) If the Merit Systems Protection Board (in a pro16 ceeding under section 3330a) or a court (in a proceeding

17 under section 3330b) determines that an agency has vio18 lated a right described in section 3330a, the Board or court

19 (as the case may be) shall order the agency to comply with

20 such provisions and award compensation for any loss of

21 wages or benefits suffered by the individual by reason of

22 the violation involved. If the Board or court determines that

23 such violation was willful, it shall award an amount equal

24 to backpay as liquidated damages.
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1 ‘‘(b) A preference eligible or other individual described

2 in section 3304(f)(1) who prevails in an action under sec3 tion 3330a or 3330b shall be awarded reasonable attorney

4 fees, expert witness fees, and other litigation expenses.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections at

6 the beginning of chapter 33 of title 5, United States Code,

7 is amended by adding after the item relating to section 3330

8 the following:

‘‘3330a. Administrative redress.

‘‘3330b. Judicial redress.

‘‘3330c. Remedy.’’.

9 SEC. 205. EXTENSION OF VETERANS’ PREFERENCE.

10 (a) AMENDMENT TO TITLE 5, UNITED STATES

11 CODE.—Paragraph (3) of section 2108 of title 5, United

12 States Code, is amended by striking ‘‘the Federal Bureau

13 of Investigation and Drug Enforcement Administration

14 Senior Executive Service, or the General Accounting Of15 fice;’’ and inserting ‘‘or the Federal Bureau of Investigation

16 and Drug Enforcement Administration Senior Executive

17 Service;’’.

18 (b) AMENDMENTS TO TITLE 3, UNITED STATES

19 CODE.—

20 (1) IN GENERAL.—Chapter 2 of title 3, United

21 States Code, is amended by adding at the end the fol22 lowing:
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1 ‘‘§ 115. Veterans’ preference

2 ‘‘(a) Subject to subsection (b), appointments under sec3 tions 105, 106, and 107 shall be made in accordance with

4 section 2108, and sections 3309 through 3312, of title 5.

5 ‘‘(b) Subsection (a) shall not apply to any appoint6 ment to a position the rate of basic pay for which is at

7 least equal to the minimum rate established for positions

8 in the Senior Executive Service under section 5382 of title

9 5 and the duties of which are comparable to those described

10 in section 3132(a)(2) of such title or to any other position

11 if, with respect to such position, the President makes certifi12 cation—

13 ‘‘(1) that such position is—

14 ‘‘(A) a confidential or policy-making posi15 tion; or

16 ‘‘(B) a position for which political affili17 ation or political philosophy is otherwise an im18 portant qualification; and

19 ‘‘(2) that any individual selected for such posi20 tion is expected to vacate the position at or before the

21 end of the President’s term (or terms) of office.

22 Each individual appointed to a position described in the

23 preceding sentence as to which the expectation described in

24 paragraph (2) applies shall be notified as to such expecta25 tion, in writing, at the time of appointment to such posi26 tion.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 2 of title 3, United

3 States Code, is amended by adding at the end the fol4 lowing:

‘‘115. Veterans’ preference.’’.

5 (c) LEGISLATIVE BRANCH APPOINTMENTS.—

6 (1) DEFINITIONS.—For the purposes of this sub7 section, the terms ‘‘employing office’’, ‘‘covered em8 ployee’’, and ‘‘Board’’ shall each have the meaning

9 given such term by section 101 of the Congressional

10 Accountability Act of 1995 (2 U.S.C. 1301).

11 (2) RIGHTS AND PROTECTIONS.—The rights and

12 protections established under section 2108, sections

13 3309 through 3312, and subchapter I of chapter 35,

14 of title 5, United States Code, shall apply to covered

15 employees.

16 (3) REMEDIES.—

17 (A) IN GENERAL.—The remedy for a viola18 tion of paragraph (2) shall be such remedy as

19 would be appropriate if awarded under applica20 ble provisions of title 5, United States Code, in

21 the case of a violation of the relevant correspond22 ing provision (referred to in paragraph (2)) of

23 such title.

24 (B) PROCEDURE.—The procedure for con25 sideration of alleged violations of paragraph (2)
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1 shall be the same as apply under section 401 of

2 the Congressional Accountability Act of 1995

3 (and the provisions of law referred to therein) in

4 the case of an alleged violation of part A of title

5 II of such Act.

6 (4) REGULATIONS TO IMPLEMENT SUB7 SECTION.—

8 (A) IN GENERAL.—The Board shall, pursu9 ant to section 304 of the Congressional Account10 ability Act of 1995 (2 U.S.C. 1384), issue regula11 tions to implement this subsection.

12 (B) AGENCY REGULATIONS.—The regula13 tions issued under subparagraph (A) shall be the

14 same as the most relevant substantive regulations

15 (applicable with respect to the executive branch)

16 promulgated to implement the statutory provi17 sions referred to in paragraph (2) except insofar

18 as the Board may determine, for good cause

19 shown and stated together with the regulation,

20 that a modification of such regulations would be

21 more effective for the implementation of the

22 rights and protections under this subsection.

23 (C) COORDINATION.—The regulations issued

24 under subparagraph (A) shall be consistent with
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1 section 225 of the Congressional Accountability

2 Act of 1995 (2 U.S.C. 1361).

3 (5) APPLICABILITY.—Notwithstanding any other

4 provision of this subsection, the term ‘‘covered em5 ployee’’ shall not, for purposes of this subsection, in6 clude an employee—

7 (A) whose appointment is made by the

8 President with the advice and consent of the Sen9 ate;

10 (B) whose appointment is made by a Mem11 ber of Congress or by a committee or subcommit12 tee of either House of Congress; or

13 (C) who is appointed to a position, the du14 ties of which are equivalent to those of a Senior

15 Executive Service position (within the meaning

16 of section 3132(a)(2) of title 5, United States

17 Code).

18 (6) EFFECTIVE DATE.—Paragraphs (2) and (3)

19 shall be effective as of the effective date of the regula20 tions under paragraph (4).

21 (d) JUDICIAL BRANCH APPOINTMENTS.—

22 (1) IN GENERAL.—Subject to paragraph (2), ap23 pointments to positions in the judicial branch of the

24 Government shall be made in accordance with section
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1 2108, and sections 3309 through 3312, of title 5,

2 United States Code.

3 (2) REDUCTIONS IN FORCE.—Subject to para4 graph (2), reductions in force in the judicial branch

5 of the Government shall provide preference eligibles

6 with protections substantially similar to those pro7 vided under subchapter I of chapter 35 of title 5,

8 United States Code.

9 (3) EXCLUSIONS.—Paragraphs (1) and (2) shall

10 not apply to—

11 (A) an appointment made by the President,

12 with the advice and consent of the Senate;

13 (B) an appointment as a judicial officer;

14 (C) an appointment as a law clerk or sec15 retary to a justice or judge of the United States;

16 or

17 (D) an appointment to a position, the du18 ties of which are equivalent to those of a Senior

19 Executive Service position (within the meaning

20 of section 3132(a)(2) of title 5, United States

21 Code).

22 (4) REDRESS PROCEDURES.—The Judicial Con23 ference of the United States shall prescribe regulations

24 under which redress procedures (substantially similar

25 to the procedures established by the amendments made
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1 by section 204) shall be available for alleged viola2 tions of any rights provided by this subsection.

3 (5) DEFINITIONS.—For purposes of this sub4 section—

5 (A) the term ‘‘judicial officer’’ means a jus6 tice, judge, or magistrate judge listed in subpara7 graph (A), (B), (F), or (G) of section 376(a)(1)

8 of title 28, United States Code; and

9 (B) the term ‘‘justice or judge of the United

10 States’’ has the meaning given such term by sec11 tion 451 of such title 28.

12 SEC. 206. VETERANS’ PREFERENCE REQUIRED FOR REDUC13 TIONS IN FORCE IN THE FEDERAL AVIATION

14 ADMINISTRATION.

15 Section 347(b) of the Department of Transportation

16 and Related Agencies Appropriations Act, 1996 (109 Stat.

17 460) is amended by striking ‘‘and’’ at the end of paragraph

18 (6), by striking the period at the end of paragraph (7) and

19 inserting ‘‘; and’’, and by adding at the end the following:

20 ‘‘(8) sections 3501–3504, as such sections relate

21 to veterans’ preference.’’.

22 SEC. 207. DEFINITIONAL AMENDMENT.

23 Subparagraph (A) of section 2108(1) of title 5, United

24 States Code, is amended by inserting ‘‘during a military

25 operation in a qualified hazardous duty area (within the
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1 meaning of the first 2 sentences of section 1(b) of Public

2 Law 104–117) and in accordance with requirements that

3 may be prescribed in regulations of the Secretary of De4 fense,’’ after ‘‘for which a campaign badge has been author5 ized,’’.

6 TITLE III—PROVISIONS RELAT7 ING TO THE THRIFT SAVINGS

8 PLAN

9 Subtitle A—Additional Investment

10 Funds for the Thrift Savings Plan

11 SEC. 301. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Thrift Savings In13 vestment Funds Act of 1996’’.

14 SEC. 302. ADDITIONAL INVESTMENT FUNDS FOR THE

15 THRIFT SAVINGS PLAN.

16 Section 8438 of title 5, United States Code, is amend17 ed—

18 (1) in subsection (a)—

19 (A) by redesignating paragraphs (5)

20 through (8) as paragraphs (6) through (9), re21 spectively;

22 (B) by inserting after paragraph (4) the fol23 lowing new paragraph:

24 ‘‘(5) the term ‘International Stock Index Invest25 ment Fund’ means the International Stock Index In-
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1 vestment Fund established under subsection

2 (b)(1)(E);’’;

3 (C) in paragraph (8) (as redesignated by

4 subparagraph (A) of this paragraph) by striking

5 out ‘‘and’’ at the end thereof;

6 (D) in paragraph (9) (as redesignated by

7 subparagraph (A) of this paragraph)—

8 (i) by striking out ‘‘paragraph (7)(D)’’

9 in each place it appears and inserting in

10 each such place ‘‘paragraph (8)(D)’’; and

11 (ii) by striking out the period and in12 serting in lieu thereof a semicolon and

13 ‘‘and’’; and

14 (E) by adding at the end thereof the follow15 ing new paragraph:

16 ‘‘(10) the term ‘Small Capitalization Stock

17 Index Investment Fund’ means the Small Capitaliza18 tion Stock Index Investment Fund established under

19 subsection (b)(1)(D).’’; and

20 (2) in subsection (b)—

21 (A) in paragraph (1)—

22 (i) in subparagraph (B) by striking

23 out ‘‘and’’ at the end thereof;
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1 (ii) in subparagraph (C) by striking

2 out the period and inserting in lieu thereof

3 a semicolon; and

4 (iii) by adding at the end thereof the

5 following new subparagraphs:

6 ‘‘(D) a Small Capitalization Stock Index

7 Investment Fund as provided in paragraph (3);

8 and

9 ‘‘(E) an International Stock Index Invest10 ment Fund as provided in paragraph (4).’’; and

11 (B) by adding at the end thereof the follow12 ing new paragraphs:

13 ‘‘(3)(A) The Board shall select an index which is

14 a commonly recognized index comprised of common

15 stock the aggregate market value of which represents

16 the United States equity markets excluding the com17 mon stocks included in the Common Stock Index In18 vestment Fund.

19 ‘‘(B) The Small Capitalization Stock Index In20 vestment Fund shall be invested in a portfolio de21 signed to replicate the performance of the index in

22 subparagraph (A). The portfolio shall be designed

23 such that, to the extent practicable, the percentage of

24 the Small Capitalization Stock Index Investment

25 Fund that is invested in each stock is the same as the
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1 percentage determined by dividing the aggregate mar2 ket value of all shares of that stock by the aggregate

3 market value of all shares of all stocks included in

4 such index.

5 ‘‘(4)(A) The Board shall select an index which is

6 a commonly recognized index comprised of stock the

7 aggregate market value of which is a reasonably com8 plete representation of the international equity mar9 kets excluding the United States equity markets.

10 ‘‘(B) The International Stock Index Investment

11 Fund shall be invested in a portfolio designed to rep12 licate the performance of the index in subparagraph

13 (A). The portfolio shall be designed such that, to the

14 extent practicable, the percentage of the International

15 Stock Index Investment Fund that is invested in each

16 stock is the same as the percentage determined by di17 viding the aggregate market value of all shares of that

18 stock by the aggregate market value of all shares of

19 all stocks included in such index.’’.

20 SEC. 303. ACKNOWLEDGEMENT OF INVESTMENT RISK.

21 Section 8439(d) of title 5, United States Code, is

22 amended by striking out ‘‘Each employee, Member, former

23 employee, or former Member who elects to invest in the

24 Common Stock Index Investment Fund or the Fixed Income

25 Investment Fund described in paragraphs (1) and (3),’’ and
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1 inserting in lieu thereof ‘‘Each employee, Member, former

2 employee, or former Member who elects to invest in the

3 Common Stock Index Investment Fund, the Fixed Income

4 Investment Fund, the International Stock Index Investment

5 Fund, or the Small Capitalization Stock Index Investment

6 Fund, defined in paragraphs (1), (3), (5), and (10),’’.

7 SEC. 304. EFFECTIVE DATE.

8 This subtitle shall take effect on the date of enactment

9 of this Act, and the Funds established under this subtitle

10 shall be offered for investment at the earliest practicable

11 election period (described in section 8432(b) of title 5, Unit12 ed States Code) as determined by the Executive Director

13 in regulations.

14 Subtitle B—Thrift Savings

15 Accounts Liquidity

16 SEC. 311. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Thrift Savings Plan

18 Act of 1996’’.

19 SEC. 312. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAW20 ALS; DE MINIMUS ACCOUNTS; CIVIL SERVICE

21 RETIREMENT SYSTEM PARTICIPANTS.

22 Section 8351(b) of title 5, United States Code, is

23 amended—

24 (1) in paragraph (5)—

25 (A) in subparagraph (B)—
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1 (i) by striking out ‘‘An election, change

2 of election, or modification (relating to the

3 commencement date of a deferred annuity)’’

4 and inserting in lieu thereof ‘‘An election or

5 change of election’’;

6 (ii) by inserting ‘‘or withdrawal’’ after

7 ‘‘and a loan’’;

8 (iii) by inserting ‘‘and (h)’’ after

9 ‘‘8433(g)’’;

10 (iv) by striking out ‘‘the election,

11 change of election, or modification’’ and in12 serting in lieu thereof ‘‘the election or

13 change of election’’; and

14 (v) by inserting ‘‘or withdrawal’’ after

15 ‘‘for such loan’’; and

16 (B) in subparagraph (D)—

17 (i) by inserting ‘‘or withdrawals’’ after

18 ‘‘of loans’’; and

19 (ii) by inserting ‘‘or (h)’’ after

20 ‘‘8433(g)’’; and

21 (2) in paragraph (6)—

22 (A) by striking out ‘‘$3,500 or less’’ and in23 serting in lieu thereof ‘‘less than an amount that

24 the Executive Director prescribes by regulation’’;

25 and
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1 (B) by striking out ‘‘unless the employee or

2 Member elects, at such time and otherwise in

3 such manner as the Executive Director pre4 scribes, one of the options available under sub5 section (b)’’.

6 SEC. 313. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELEC7 TIONS, FEDERAL EMPLOYEES RETIREMENT

8 SYSTEM PARTICIPANTS.

9 (a) IN GENERAL.—Section 8433 of title 5, United

10 States Code, is amended—

11 (1) by striking out subsections (b) and (c) and

12 inserting in lieu thereof the following:

13 ‘‘(b) Subject to section 8435 of this title, any employee

14 or Member who separates from Government employment is

15 entitled and may elect to withdraw from the Thrift Savings

16 Fund the balance of the employee’s or Member’s account

17 as—

18 ‘‘(1) an annuity;

19 ‘‘(2) a single payment;

20 ‘‘(3) 2 or more substantially equal payments to

21 be made not less frequently than annually; or

22 ‘‘(4) any combination of payments as provided

23 under paragraphs (1) through (3) as the Executive

24 Director may prescribe by regulation.
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1 ‘‘(c)(1) In addition to the right provided under sub2 section (b) to withdraw the balance of the account, an em3 ployee or Member who separates from Government service

4 and who has not made a withdrawal under subsection

5 (h)(1)(A) may make one withdrawal of any amount as a

6 single payment in accordance with subsection (b)(2) from

7 the employee’s or Member’s account.

8 ‘‘(2) An employee or Member may request that the

9 amount withdrawn from the Thrift Savings Fund in ac10 cordance with subsection (b)(2) be transferred to an eligible

11 retirement plan.

12 ‘‘(3) The Executive Director shall make each transfer

13 elected under paragraph (2) directly to an eligible retire14 ment plan or plans (as defined in section 402(c)(8) of the

15 Internal Revenue Code of 1986) identified by the employee,

16 Member, former employee, or former Member for whom the

17 transfer is made.

18 ‘‘(4) A transfer may not be made for an employee,

19 Member, former employee, or former Member under para20 graph (2) until the Executive Director receives from that

21 individual the information required by the Executive Direc22 tor specifically to identify the eligible retirement plan or

23 plans to which the transfer is to be made.’’;

24 (2) in subsection (d)—
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1 (A) in paragraph (1) by striking out ‘‘Sub2 ject to paragraph (3)(A)’’ and inserting in lieu

3 thereof ‘‘Subject to paragraph (3)’’;

4 (B) by striking out paragraph (2) and re5 designating paragraph (3) as paragraph (2);

6 and

7 (C) in paragraph (2) (as redesignated

8 under subparagraph (B) of this paragraph)—

9 (i) in subparagraph (A) by striking

10 out ‘‘(A)’’; and

11 (ii) by striking out subparagraph (B);

12 (3) in subsection (f)(1)—

13 (A) by striking out ‘‘$3,500 or less’’ and in14 serting in lieu thereof ‘‘less than an amount that

15 the Executive Director prescribes by regulation;

16 and

17 (B) by striking out ‘‘unless the employee or

18 Member elects, at such time and otherwise in

19 such manner as the Executive Director pre20 scribes, one of the options available under sub21 section (b), or’’ and inserting a comma;

22 (4) in subsection (f)(2)—

23 (A) by striking out ‘‘February 1’’ and in24 serting in lieu thereof ‘‘April 1’’;

25 (B) in subparagraph (A)—
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1 (i) by striking out ‘‘65’’ and inserting

in lieu thereof ‘‘701 2 ⁄2’’; and

3 (ii) by inserting ‘‘or’’ after the semi4 colon;

5 (C) by striking out subparagraph (B); and

6 (D) by redesignating subparagraph (C) as

7 subparagraph (B);

8 (5) in subsection (g)—

9 (A) in paragraph (1) by striking out ‘‘after

10 December 31, 1987, and’’, and by adding at the

11 end of the paragraph the following sentence: ‘‘Be12 fore a loan is issued, the Executive Director shall

13 provide in writing the employee or Member with

14 appropriate information concerning the cost of

15 the loan relative to other sources of financing, as

16 well as the lifetime cost of the loan, including the

17 difference in interest rates between the funds of18 fered by the Thrift Savings Fund, and any other

19 effect of such loan on the employee’s or Member’s

20 final account balance.’’; and

21 (B) by striking out paragraph (2) and re22 designating paragraphs (3) through (5) as para23 graphs (2) through (4), respectively; and

24 (6) by adding after subsection (g) the following

25 new subsection:
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1 ‘‘(h)(1) An employee or Member may apply, before sep2 aration, to the Board for permission to withdraw an

3 amount from the employee’s or Member’s account based

4 upon—

5 ‘‘(A) the employee or Member having attained

age 591 6 ⁄2; or

7 ‘‘(B) financial hardship.

8 ‘‘(2) A withdrawal under paragraph (1)(A) shall be

9 available to each eligible participant one time only.

10 ‘‘(3) A withdrawal under paragraph (1)(B) shall be

11 available only for an amount not exceeding the value of that

12 portion of such account which is attributable to contribu13 tions made by the employee or Member under section

14 8432(a) of this title.

15 ‘‘(4) Withdrawals under paragraph (1) shall be subject

16 to such other conditions as the Executive Director may pre17 scribe by regulation.

18 ‘‘(5) A withdrawal may not be made under this sub19 section unless the requirements of section 8435(e) of this

20 title are satisfied.’’.

21 (b) INVALIDITY OF CERTAIN PRIOR ELECTIONS.—Any

22 election made under section 8433(b)(2) of title 5, United

23 States Code (as in effect before the effective date of this sub24 title), with respect to an annuity which has not commenced

25 before the implementation date of this subtitle as provided
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1 by regulation by the Executive Director in accordance with

2 section 318 shall be invalid.

3 SEC. 314. SURVIVOR ANNUITIES FOR FORMER SPOUSES;

4 NOTICE TO FEDERAL EMPLOYEES RETIRE5 MENT SYSTEM SPOUSES FOR IN-SERVICE

6 WITHDRAWALS.

7 Section 8435 of title 5, United States Code, is amend8 ed—

9 (1) in subsection (a)(1)(A)—

10 (A) by striking out ‘‘may make an election

11 under subsection (b)(3) or (b)(4) of section 8433

12 of this title or change an election previously

13 made under subsection (b)(1) or (b)(2) of such

14 section’’ and inserting in lien thereof ‘‘may with15 draw all or part of a Thrift Savings Fund ac16 count under subsection (b) (2), (3), or (4) of sec17 tion 8433 of this title or change a withdrawal

18 election’’; and

19 (B) by adding at the end thereof ‘‘A mar20 ried employee or Member (or former employee or

21 Member) may make a withdrawal from a Thrift

22 Savings Fund account under subsection (c)(1) of

23 section 8433 of this title only if the employee or

24 Member (or former employee or Member) satisfies

25 the requirements of subparagraph (B).’’;
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1 (2) in subsection (c)—

2 (A) in paragraph (1)—

3 (i) by striking out ‘‘An election, change

4 of election, or modification of the commence5 ment date of a deferred annuity’’ and in6 serting in lieu thereof ‘‘An election or

7 change of election’’; and

8 (ii) by striking out ‘‘modification, or

9 transfer’’ and inserting in lien thereof ‘‘or

10 transfer’’; and

11 (B) in paragraph (2) in the matter follow12 ing subparagraph (B)(ii) by striking out ‘‘modi13 fication,’’;

14 (3) in subsection (e)—

15 (A) in paragraph (1)—

16 (i) in subparagraph (A)—

17 (I) by inserting ‘‘or withdrawal’’

18 after ‘‘A loan’’;

19 (II) by inserting ‘‘and (h)’’ after

20 ‘‘8433(g)’’; and

21 (III) by inserting ‘‘or with22 drawal’’ after ‘‘such loan’’;

23 (ii) in subparagraph (B) by inserting

24 ‘‘or withdrawal’’ after ‘‘loan’’; and

25 (iii) in subparagraph (C)—
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1 (I) by inserting ‘‘or withdrawal’’

2 after ‘‘to a loan’’; and

3 (II) by inserting ‘‘or withdrawal’’

4 after ‘‘for such loan’’; and

5 (B) in paragraph (2)—

6 (i) by inserting ‘‘or withdrawal’’ after

7 ‘‘loan’’; and

8 (ii) by inserting ‘‘and (h)’’ after

9 ‘‘8344(g)’’; and

10 (4) in subsection (g)—

11 (A) by inserting ‘‘or withdrawals’’ after

12 ‘‘loans’’; and

13 (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’.

14 SEC. 315. DE MINIMUS ACCOUNTS RELATING TO THE JUDI15 CIARY.

16 (a) JUSTICES AND JUDGES.—Section 8440a(b)(7) of

17 title 5, United States Code, is amended—

18 (1) by striking out ‘‘$3,500 or less’’ and insert19 ing in lieu thereof ‘‘less than an amount that the Ex20 ecutive Director prescribes by regulation’’; and

21 (2) by striking out ‘‘unless the justice or judge

22 elects, at such time and otherwise in such manner as

23 the Executive Director prescribes, one of the options

24 available under section 8433(b)’’.
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1 (b) BANKRUPTCY JUDGES AND MAGISTRATES.—Sec2 tion 8440b(b) of title 5, United States Code, is amended—

3 (1) in paragraph (7) in the first sentence by in4 serting ‘‘of the distribution’’ after ‘‘equal to the

5 amount’’; and

6 (2) in paragraph (8)—

7 (A) by striking out ‘‘$3,500 or less’’ and in8 serting in lieu thereof ‘‘less than an amount that

9 the Executive Director prescribes by regulation’’;

10 and

11 (B) by striking out ‘‘unless the bankruptcy

12 judge or magistrate elects, at such time and oth13 erwise in such manner as the Executive Director

14 prescribes, one of the options available under

15 subsection (b)’’.

16 (c) FEDERAL CLAIMS JUDGES.—Section 8440c(b) of

17 title 5, United States Code, is amended—

18 (1) in paragraph (7) in the first sentence by in19 serting ‘‘of the distribution’’ after ‘‘equal to the

20 amount’’; and

21 (2) in paragraph (8)—

22 (A) by striking out ‘‘$3,500 or less’’ and in23 serting in lieu thereof ‘‘less than an amount that

24 the Executive Director prescribes by regulation’’;

25 and
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1 (B) by striking out ‘‘unless the judge elects,

2 at such time and otherwise in such manner as

3 the Executive Director prescribes, one of the op4 tions available under section 8433(b)’’.

5 SEC. 316. DEFINITION OF BASIC PAY.

6 (a) IN GENERAL.—(1) Section 8401(4) of title 5, Unit7 ed States Code, is amended by striking out ‘‘except as pro8 vided in subchapter III of this chapter,’’.

9 (2) Section 8431 of title 5, United States Code, is re10 pealed.

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.—(1)

12 The table of sections for chapter 84 of title 5, United States

13 Code, is amended by striking out the item relating to section

14 8431.

15 (2) Section 5545a(h)(2)(A) of title 5, United States

16 Code, is amended by striking out ‘‘8431,’’.

17 (3) Section 615(f) of the Treasury, Postal Service, and

18 General Government Appropriations Act, 1996 (Public Law

19 104–52; 109 Stat. 500; 5 U.S.C. 5343 note) is amended by

20 striking out ‘‘section 8431 of title 5, United States Code,’’.

21 SEC. 317. ELIGIBLE ROLLOVER DISTRIBUTIONS.

22 Section 8432 of title 5, United States Code, is amended

23 by adding at the end the following:

24 ‘‘(j)(1) For the purpose of this subsection—
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1 ‘‘(A) the term ‘eligible rollover distribution’ has

2 the meaning given such term by section 402(c)(4) of

3 the Internal Revenue Code of 1986; and

4 ‘‘(B) the term ‘qualified trust’ has the meaning

5 given such term by section 402(c)(8) of the Internal

6 Revenue Code of 1986.

7 ‘‘(2) An employee or Member may contribute to the

8 Thrift Savings Fund an eligible rollover distribution from

9 a qualified trust. A contribution made under this subsection

10 shall be made in the form described in section 401(a)(31)

11 of the Internal Revenue Code of 1986. In the case of an

12 eligible rollover distribution, the maximum amount trans13 ferred to the Thrift Savings Fund shall not exceed the

14 amount which would otherwise have been included in the

15 employee’s or Member’s gross income for Federal income tax

16 purposes.

17 ‘‘(3) The Executive Director shall prescribe regulations

18 to carry out this subsection.’’.

19 SEC. 318. EFFECTIVE DATE.

20 This subtitle shall take effect on the date of the enact21 ment of this Act, and withdrawals, loans, rollovers, and

22 elections as provided under the amendments made by this

23 subtitle shall be made at the earliest practicable date as de24 termined by the Executive Director in regulations.
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1 TITLE IV—PROVISIONS RELAT2 ING TO THE CONVERSION OF

3 CERTAIN EXCEPTED SERVICE

4 POSITIONS IN THE UNITED

5 STATES FIRE ADMINISTRA6 TION

7 SEC. 401. CONVERSION OF POSITIONS.

8 (a) IN GENERAL.—No later than the date described

9 under subsection (d)(1), the Director of the Federal Emer10 gency Management Agency and the Director of the Office

11 of Personnel Management shall take such actions as nec12 essary to convert each excepted service position established

13 before the date of the enactment of this Act under section

14 7(c)(4) of the Federal Fire Prevention and Control Act of

15 1974 (15 U.S.C. 2206(c)(4)) to a competitive service posi16 tion.

17 (b) EFFECT ON EMPLOYEES.—Any employee employed

18 on the date of the enactment of this Act in an excepted serv19 ice position converted under subsection (a)—

20 (1) shall remain employed in the competitive

21 service position so converted without a break in serv22 ice;

23 (2) by reason of such conversion, shall have no—

24 (A) diminution of seniority;
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1 (B) reduction of cumulative years of service;

2 and

3 (C) requirement to serve an additional pro4 bationary period applied; and

5 (3) shall retain their standing and participation

6 with respect to chapter 83 or 84 of title 5, United

7 States Code, relating to Federal retirement.

8 (c) PROSPECTIVE COMPETITIVE SERVICE POSI9 TIONS.—Section 7(c)(4) of the Federal Fire Prevention and

10 Control Act of 1974 (15 U.S.C. 2206(c)(4)) is amended to

11 read as follows:

12 ‘‘(4) appoint faculty members to competitive

13 service positions and with respect to temporary and

14 intermittent services, to make appointments of con15 sultants to the same extent as is authorized by section

16 3109 of title 5, United States Code;’’.

17 (d) EFFECTIVE DATE.—(1) Except as provided under

18 paragraph (2), this section shall take effect on the first day

19 of the first pay period, applicable to the positions described

20 under subsection (a), beginning after the date of the enact21 ment of this Act.

22 (2)(A) The Director of the Federal Emergency Manage23 ment Agency and the Director of the Office of Personnel

24 Management shall take such actions as directed under sub-
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1 section (a) on and after the date of the enactment of this

2 Act.

3 (B) Subsection (c) shall take effect on the date of the

4 enactment of this Act.

Attest:

Clerk.