H. R. 3340
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. THRIFT SAVINGS PLAN CATCH-UP CONTRIBUTIONS.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Paragraph (2) of sec-
tion 8351(b) of title 5, United States Code, is amended by adding
at the end the following:
‘‘(C) Notwithstanding any limitation under this paragraph, 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 subsection, 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.’’.
(2) PROVISION
APPLICABLE
TO
CERTAIN
OTHER
INDIVID-
UALS.—Section 8440f of title 5, United States Code, is
amended—
(A) by striking ‘‘The maximum’’ and inserting ‘‘(a) The
maximum’’; and
(B) by adding at the end the following:
‘‘(b) Notwithstanding any limitation under this 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.’’.
(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.
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SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTECTION BOARD
AND OFFICE OF SPECIAL COUNSEL.
(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’’.
(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 DOCU-
MENTS.
Section 1213(g) of title 5, United States Code, is amended—
(1) in paragraph (1), by striking the last sentence; and
(2) by striking paragraph (3) and inserting the following:
‘‘(3) If the Special Counsel does not transmit the information
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 disclosures, should
the individual wish to pursue the matter further.’’.
SEC. 4. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR
INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY
THE OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) ENROLLMENT IN CHAPTER 89 PLAN.—For purposes of the
administration of chapter 89 of title 5, United States Code, any
period of enrollment under a health benefits 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 adminis-
tered 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, annuitant, 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
CONTINUED
COV-
ERAGE.—An individual who, as of the enrollment eligibility
date, is entitled to continued coverage under a health benefits
plan administered by the Overseas Private Investment
Corporation—
(A) shall be deemed to be entitled to continued coverage
under section 8905a of title 5, United States Code, for
the same period that would have been permitted under
the plan administered by the Overseas Private Investment
Corporation; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
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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 continued coverage
under section 8905a of such title as though the individual
had ceased to meet the requirements for being considered
an unmarried dependent child under chapter 89 of such
title as of such date; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
accordance with section 8905a for continued coverage effec-
tive on and after such date.
(c) TRANSFERS TO THE EMPLOYEES HEALTH BENEFITS FUND.—
(1) IN GENERAL.—The Overseas Private Investment Cor-
poration shall transfer to the Employees Health Benefits Fund
established under section 8909 of title 5, United States Code,
amounts determined 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 benefits under this section not other-
wise 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.
(d) ADMINISTRATION
AND REGULATIONS.—The Office of Per-
sonnel Management—
(1) shall administer this section to provide for—
(A) a period of notice and open enrollment for individ-
uals affected by this section; and
(B) no lapse of health coverage for individuals who
enroll in a health benefits plan under chapter 89 of title
5, United States Code, in accordance with this section;
and
(2) may prescribe regulations to implement this section.
(e) ENROLLMENT ELIGIBILITY DATE.—For purposes of this sec-
tion, the term ‘‘enrollment eligibility date’’ means the last day
on which coverage under a health benefits plan administered by
the Overseas Private Investment Corporation is available. Such
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date shall be determined by the Office of Personnel Management
in consultation with the Overseas Private Investment Corporation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.