171 
(3) recommendations to Congress on any cor-
rective actions that should be taken to address to-
bacco industry concentration. 
SEC. 106. ENFORCEMENT ACTION PLAN FOR ADVERTISING 
AND PROMOTION RESTRICTIONS. 
(a) ACTION PLAN.— 
(1) DEVELOPMENT.—Not later than 6 months 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services (in this sec-
tion referred to as the ‘‘Secretary’’) shall develop 
and publish an action plan to enforce restrictions 
adopted pursuant to section 906 of the Federal 
Food, Drug, and Cosmetic Act, as added by section 
101(b) of this Act, or pursuant to section 102(a) of 
this Act, on promotion and advertising of menthol 
and other cigarettes to youth. 
(2) CONSULTATION.—The action plan required 
by paragraph (1) shall be developed in consultation 
with public health organizations and other stake-
holders with demonstrated expertise and experience 
in serving minority communities. 
(3) PRIORITY.—The action plan required by 
paragraph (1) shall include provisions designed to 
ensure enforcement of the restrictions described in 
paragraph (1) in minority communities.
205 
cate any such estimate as being such an estimate. 
Any such estimate shall be based on the previous 
year’s experience. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘Board’’ has the meaning given 
such term by 8401(5) of title 5, United States Code; 
(2) the term ‘‘participant’’ has the meaning 
given such term by section 8471(3) of title 5, United 
States Code; and 
(3) the term ‘‘account’’ means an account es-
tablished under section 8439 of title 5, United 
States Code. 
SEC. 406. ACKNOWLEDGEMENT OF RISK. 
(a) IN GENERAL.—Section 8439(d) of title 5, United 
States Code, is amended— 
(1) by striking the matter after ‘‘who elects to 
invest in’’ and before ‘‘shall sign an acknowledge-
ment’’ and inserting ‘‘any investment fund or option 
under this chapter, other than the Government Se-
curities Investment Fund,’’; and 
(2) by striking ‘‘either such Fund’’ and insert-
ing ‘‘any such fund or option’’. 
(b) COORDINATION WITH PROVISIONS RELATING TO 
INVESTMENTS IN THE ABSENCE OF AN ELECTION.—Sub-
206 
section (d) of section 8439 of title 5, United States Code 
(as amended by subsection (a)) is further amended— 
(1) by redesignating subsection (d) as sub-
section (d)(1); and 
(2) by adding at the end the following: 
‘‘(2)(A) In the case of an investment made under sec-
tion 8438(c)(2) in any fund or option to which paragraph 
(1) would otherwise apply, the participant involved shall, 
for purposes of this subsection, be deemed— 
‘‘(i) to have elected to invest in such fund or 
option; and 
‘‘(ii) to have executed the acknowledgement re-
quired under paragraph (1). 
‘‘(B)(i) The Executive Director shall prescribe regu-
lations under which written notice shall be provided to a 
participant whenever an investment is made under section 
8438(c)(2)(B) on behalf of such participant in the absence 
of an affirmative election described in section 8438(c)(1). 
‘‘(ii) The regulations shall ensure that any such no-
tice shall be provided to the participant within 7 calendar 
days after the effective date of the default election. 
‘‘(C) For purposes of this paragraph, the term ‘par-
ticipant’ has the meaning given such term by section 
8471(3).’’.
207 
(c) COORDINATION WITH PROVISIONS RELATING TO 
FIDUCIARY RESPONSIBILITIES, LIABILITIES, AND PEN-
ALTIES.—Section 8477(e)(1)(C) of title 5, United States 
Code, is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (C)(i); and 
(2) by adding at the end the following: 
‘‘(ii) A fiduciary shall not be liable under subpara-
graph (A), and no civil action may be brought against a 
fiduciary— 
‘‘(I) for providing for the automatic enrollment 
of 
a 
participant 
in 
accordance 
with 
section 
8432(b)(2)(A); 
‘‘(II) for enrolling a participant in a default in-
vestment 
fund 
in 
accordance 
with 
section 
8438(c)(2)(B); or 
‘‘(III) for allowing a participant to invest 
through the self-directed investment window or for 
establishing restrictions applicable to participants’ 
ability to invest through the self-directed investment 
window.’’. 
SEC. 407. CREDIT FOR UNUSED SICK LEAVE. 
(a) IN GENERAL.—Section 8415 of title 5, United 
States Code, is amended—
208 
(1) by redesignating the second subsection (k) 
and subsection (l) as subsections (l) and (m), respec-
tively; and 
(2) in subsection (l) (as so redesignated by 
paragraph (1))— 
(A) by striking ‘‘(l) In computing’’ and in-
serting ‘‘(l)(1) In computing’’; and 
(B) by adding at the end the following: 
‘‘(2) Except as provided in paragraph (1), in com-
puting an annuity under this subchapter, the total service 
of an employee who retires on an immediate annuity or 
who dies leaving a survivor or survivors entitled to annuity 
includes— 
‘‘(A) for an employee who retires within 3 years 
after the date of enactment of this paragraph, 3⁄4 of 
the days, and 
‘‘(B) for an employee who retires after 3 years 
after the date of enactment of this paragraph, the 
days 
of unused sick leave to his credit under a formal leave 
system, except that these days will not be counted in deter-
mining average pay or annuity eligibility under this sub-
chapter. For purposes of this subsection, in the case of 
any such employee who is excepted from subchapter I of 
chapter 63 under section 6301(2)(x)-(xiii), the days of un-