II 
107TH CONGRESS 
2D SESSION 
H. R. 3340
IN THE SENATE OF THE UNITED STATES 
OCTOBER 8, 2002
Received 
AN ACT 
To amend title 5, United States Code, to allow certain catch-
up contributions to the Thrift Savings Plan to be made 
by participants age 50 or over; to reauthorize the Merit 
Systems Protection Board and the Office of Special 
Counsel; and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. THRIFT SAVINGS PLAN CATCH-UP CONTRIBU-
TIONS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Para-
graph (2) of section 8351(b) of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(C) Notwithstanding any limitation under this para-
graph, an eligible participant (as defined by section 414(v) 
of the Internal Revenue Code of 1986) may make such 
additional contributions to the Thrift Savings Fund as are 
permitted by such section 414(v) and regulations of the 
Executive Director consistent therewith.’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) PROVISION
APPLICABLE
TO
EMPLOYEES 
GENERALLY.—Subsection (a) of section 8432 of title 
5, United States Code, is amended by adding at the 
end the following: 
‘‘(3) Notwithstanding any limitation under this sub-
section, an eligible participant (as defined by section 
414(v) of the Internal Revenue Code of 1986) may make 
such additional contributions to the Thrift Savings Fund 
as are permitted by such section 414(v) and regulations 
of the Executive Director consistent therewith.’’.
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(2) PROVISION APPLICABLE TO CERTAIN OTHER 
INDIVIDUALS.—Section 8440f of title 5, United 
States Code, is amended—
(A) by striking ‘‘The maximum’’ and in-
serting ‘‘(a) The maximum’’; and 
(B) by adding at the end the following: 
‘‘(b) Notwithstanding any limitation under this sec-
tion, an eligible participant (as defined by section 414(v) 
of the Internal Revenue Code of 1986) may make such 
additional contributions to the Thrift Savings Fund as are 
permitted by such section 414(v) and regulations of the 
Executive Director consistent therewith.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as of the earliest practicable 
date, as determined by the Executive Director (appointed 
under section 8474(a) of title 5, United States Code) in 
regulations. 
SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTEC-
TION BOARD AND OFFICE OF SPECIAL COUN-
SEL. 
(a) MERIT SYSTEMS PROTECTION BOARD.—Section 
8(a)(1) of the Whistleblower Protection Act of 1989 (5 
U.S.C. 5509 note) is amended by striking ‘‘1998, 1999, 
2000, 2001 and 2002’’ and inserting ‘‘2003, 2004, 2005, 
2006, and 2007’’.
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(b) OFFICE OF SPECIAL COUNSEL.—Section 8(a)(2) 
of the Whistleblower Protection Act of 1989 (5 U.S.C. 
5509 note) is amended by striking ‘‘1993, 1994, 1995, 
1996, and 1997,’’ and inserting ‘‘2003, 2004, 2005, 2006, 
and 2007’’. 
(c) EFFECTIVE DATE.—This section shall be effective 
as of October 1, 2002. 
SEC. 3. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF 
DOCUMENTS. 
Section 1213(g) of title 5, United States Code, is 
amended—
(1) in paragraph (1), by striking the last sen-
tence; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) If the Special Counsel does not transmit the in-
formation to the head of the agency under paragraph (2), 
the Special Counsel shall inform the individual of—
‘‘(A) the reasons why the disclosure may not be 
further acted on under this chapter; and 
‘‘(B) other offices available for receiving disclo-
sures, should the individual wish to pursue the mat-
ter further.’’.
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SEC. 4. CONTINUATION OF HEALTH BENEFITS COVERAGE 
FOR INDIVIDUALS ENROLLED IN A PLAN AD-
MINISTERED BY THE OVERSEAS PRIVATE IN-
VESTMENT CORPORATION. 
(a) ENROLLMENT IN CHAPTER 89 PLAN.—For pur-
poses of the administration of chapter 89 of title 5, United 
States Code, any period of enrollment under a health bene-
fits plan administered by the Overseas Private Investment 
Corporation before the effective date of this Act shall be 
deemed to be a period of enrollment in a health benefits 
plan under chapter 89 of such title. 
(b) CONTINUED COVERAGE.—
(1) IN GENERAL.—Any individual who, as of 
the enrollment eligibility date, is covered by a health 
benefits plan administered by the Overseas Private 
Investment Corporation may enroll in an approved 
health benefits plan described under section 8903 or 
8903a of title 5, United States Code—
(A) either as an individual or for self and 
family, if such individual is an employee, annu-
itant, or former spouse as defined under section 
8901 of such title; and 
(B) for coverage effective on and after 
such date. 
(2) INDIVIDUALS CURRENTLY UNDER CONTIN-
UED COVERAGE.—An individual who, as of the en-
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rollment eligibility date, is entitled to continued cov-
erage under a health benefits plan administered by 
the Overseas Private Investment Corporation—
(A) shall be deemed to be entitled to con-
tinued coverage under section 8905a of title 5, 
United States Code, for the same period that 
would have been permitted under the plan ad-
ministered by the Overseas Private Investment 
Corporation; and 
(B) may enroll in an approved health bene-
fits plan described under section 8903 or 8903a 
of such title in accordance with section 8905a 
of such title for coverage effective on and after 
such date. 
(3) UNMARRIED DEPENDENT CHILDREN.—An 
individual who, as of the enrollment eligibility date, 
is covered as an unmarried dependent child under a 
health benefits plan administered by the Overseas 
Private Investment Corporation and who is not a 
member of family as defined under section 8901(5) 
of title 5, United States Code—
(A) shall be deemed to be entitled to con-
tinued coverage under section 8905a of such 
title as though the individual had ceased to 
meet the requirements for being considered an
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unmarried dependent child under chapter 89 of 
such title as of such date; and 
(B) may enroll in an approved health bene-
fits plan described under section 8903 or 8903a 
of such title in accordance with section 8905a 
for continued coverage effective on and after 
such date. 
(c) TRANSFERS TO THE EMPLOYEES HEALTH BENE-
FITS FUND.—
(1) IN
GENERAL.—The Overseas Private In-
vestment Corporation shall transfer to the Employ-
ees Health Benefits Fund established under section 
8909 of title 5, United States Code, amounts deter-
mined by the Director of the Office of Personnel 
Management, after consultation with the Overseas 
Private Investment Corporation, to be necessary to 
reimburse the Fund for the cost of providing bene-
fits under this section not otherwise paid for by the 
individuals covered by this section. 
(2) AVAILABILITY
OF
FUNDS.—The amounts 
transferred under paragraph (1) shall be held in the 
Fund and used by the Office in addition to amounts 
available under section 8906(g)(1) of title 5, United 
States Code.
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(d) ADMINISTRATION AND REGULATIONS.—The Of-
fice of Personnel Management—
(1) shall administer this section to provide 
for—
(A) a period of notice and open enrollment 
for individuals affected by this section; and 
(B) no lapse of health coverage for individ-
uals who enroll in a health benefits plan under 
chapter 89 of title 5, United States Code, in ac-
cordance with this section; and 
(2) may prescribe regulations to implement this 
section. 
(e) ENROLLMENT ELIGIBILITY DATE.—For purposes 
of this section, the term ‘‘enrollment eligibility date’’ 
means the last day on which coverage under a health bene-
fits plan administered by the Overseas Private Investment 
Corporation is available. Such date shall be determined by 
the Office of Personnel Management in consultation with 
the Overseas Private Investment Corporation.
Passed the House of Representatives October 7, 
2002. 
Attest: 
JEFF TRANDAHL, 
Clerk.