A bill to amend title 5, United States Code, to provide training opportunities for employees under the Office of the Architect of the Capitol and the Botanic Garden, and for other purposes.
PL 97-346 (H.R.5145), enacted 10/15/1982

PUBLIC LAW 97-346—OCT. 15, 1982 
96 STAT. 1647 
Public Law 97-346 
97th Congress 
An Act 
Oct. 15, 1982 
[H.R. 5145] 
Office of the 
Architect of the 
Capitol and 
Botanic Garden. 
Employee 
training. 
5 u s e 4101 et 
seq. 
5 u s e 4119. 
To amend title 5, United States Code, to provide training opportunities for employees 
under the Office of the Architect of the Capitol and the Botanic Garden, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That (a) chapter 41 
of title 5, United States Code, relating to employee training pro-
grams, is amended by adding at the end thereof the following new 
section: 
"§4119. Training for employees under the Office of the Architect 
of the Capitol and the Botanic Garden 
"(a) The Architect of the Capitol may, by regulation, make appli-
cable such provisions of this chapter as the Architect determines 
necessary to provide for training of (1) individuals employed under 
the Office of the Architect of the Capitol and the Botanic Garden 
and (2) other congressional employees who are subject to the admin-
istrative control of the Architect. The regulations shall provide for 
training which, in the determination of the Architect, is consistent 
with the training provided by agencies under the preceding sections 
of this chapter. 
"(b) The Office of Personnel Management shall provide the Archi-
tect of the Capitol with such advice and assistance as the Architect 
may request in order to enable the Architect to carry out the 
purposes of this section,". 
(b) The table of sections for chapter 41 of title 5, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"4119. Training for employees under the Office of the Architect of the Capitol and 
the Botanic Garden.". 
SEC. 2. Section 5401(b) of title 5, United States Code, is amended by 
striking out "paragraph (2)" in paragraph (1) and inserting in lieu 
thereof "paragraphs (2) and (3)", and by adding at the end thereof 
the following: 
"(3) This chapter shall not apply to individuals employed under 
the Office of the Architect of the Capitol or the Botanic Garden.". 
SEC. 3. (a) Sections 8332(c)(1)(A), 83320)(2)(A), and 83340")(1) of title 
5, United States Code, as amended by title III of the Omnibus 
Budget Reconciliation Act of 1982, are each amended by striking out 
"month" and inserting in lieu thereof "period". 
(b) Section 8332(c)(1)(B) of such title 5 (as so amended) is amended Ante, p. 795 
to read as follows: 
"(B) the service of an individual who first becomes an em-
ployee or Member on or after October 1, 1982, shall include 
credit for— 
"(i) each period of military service performed before Jan-
uary 1,1957, and 
Ante, pp. 795, 
796. 
96 STAT. 1648 
PUBLIC LAW 97-346—OCT. 15, 1982 
Ante, p. 796. 
Ante, p. 793. 
Ante, p. 796. 
5 USC.8331 note. 
Ante, p. 795. 
5 u s e 8801 et 
seq. 
Regulations. 
Ante, p. 796. 
Ante, p. 794. 
5 u s e 5532 note. 
Ante, p. 790. 
5 u s e 5532 note. 
Information 
disclosure. 
"(ii) each period of military service performed after De-
cember 31, 1956, and before the separation on which the 
entitlement to annuity under this subchapter is based, only 
if a deposit (with interest, if any) is made with respect to 
that period, as provided in section 8334(j) of this title.". 
(c) Section 8334(eX3) of such title 5 (as so amended) is amended by 
striking out "calendar" the second and third times such term 
appears and inserting in lieu thereof "fiscal". 
(d) Section 8334(h) of such title 5 (as so amended) is amended bv 
striking out "and (d)" and inserting in lieu thereof ", (d), and 0) • 
(eXD Section 8334(j)(l) of such title 5 (as so amended) is amended 
by striking out "within 90 days after the effective date of this 
subsection', and by striking out all that follows "December 1956" 
and inserting in lieu thereof a period and the following: "The 
amount of such payments shall be based on such evidence of basic 
pay for military service as the employee or Member may provide, or 
if the Office determines sufficient evidence has not been so provided 
to adequately determine basic pay for military service, such pay-
ment shall be based upon estimates of such basic pay provided to the 
Office under paragraph (4).". 
(2) Section 306(g) of the Omnibus Budget Reconciliation Act of 
1982 is amended by striking out the period and inserting the follow-
ing: "; except that any employee or Member who retired after the 
date of the enactment of this Act and before October 1, 1983, or is 
entitled to an annuity under chapter 83 of title 5, United States 
Code, based on a separation from service occurring during such 
period, or a survivor of such individual, may make a payment under 
section 8334(j)(l) of title 5, United States (Dode. Regulations required 
to be issued under section 8334(jXl) of title 5, United States Code, 
shall be issued by the Office of Personnel Management within 90 
days after such effective date.". 
(f) Section 8342(a)(lXB) of such title 5 {as so amended) is amended 
by striking out "such position" and inserting in lieu thereof "such a 
position". 
(g) Section 8348(aXl)(B) of such title 5 is amended by inserting 
after "title" the following: "and in withholding taxes pursuant to 
section 3405 of title 26". 
(hXD Section 301(dXl) of the Omnibus Budget Reconciliation Act 
of 1982 is amended by inserting after "such position" the following: 
", in accordance with regulations issued by the Office of Personnel 
Management," and by inserting after the first sentence the follow-
ing: "For purposes of the preceding sentence, the amount of any 
increase in any individuals retired or retainer pay which takes 
effect during any fiscal year shall be determined on the basis of the 
additional amount such individual receives after the application of 
the preceding provisions of this section and section 5532 (b) and (c) of 
title 5, United States Code.". 
(2) Section 301(dX4) of such Act is amended by striking out "reduc-
tion in" and inserting in lieu thereof "deduction from". 
(3) Section 301(d) of such Act is amended by adding at the end 
thereof the following new paragraph: 
"(5) The Secretary of Commerce, the Secretary of Defense, the 
Secretary of Health and Human Services, or the Secretary of Trans-
portation, as appropriate, shall furnish such information to employ-
ing agencies, the Secretary of the Senate, and the Clerk of the House 
of Representatives as may be necessary for the administration of 
this subsection.". 
PUBLIC LAW 97-346—OCT. 15, 1982 
96 STAT. 1649 
(i) Section 302(c) of such Act is amended in paragraph (1) by ^
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^
e
> P "
7
9
2
. 
striking out ", and shall apply with respect to individuals retiring on ^ ^°^ ^^^^ "
°
*
® 
or after such date" and in paragraph (3) by inserting Eifter "who" 
the following: "is separated from employment as a technician on or 
after October 1, 1982. Such subsection (h) shall also apply to any 
technician". 
(j)(l) Section 303(dXl) of such Act is amended by striking out Ante, p. 793. 
"made" and inserting in lieu thereof "for which application is 5 use 8334 note. 
received by either the employing agency or the Office of Personnel 
Management" and by adding at the end thereof the following: 
"Notwithstanding the preceding two sentences, the amendments 
made by subsection (a) shall apply in the case of any deposit for 
military service under section 8334(j) of title 5, United States Code 
(as added by section 306(d) of this Act), regardless of whether such Ante, p. 796. 
military service was performed before or after October 1, 1982.". 
(2) Section 8344(a) of such title 5 is amended in the second 
sentence by inserting after "pay" the following: "unless the individ-
ual elects to have such deductions withheld under subparagraph 
(A)", in subparagraph (A), by inserting before "his annuity" the 
following: "deductions for the Fund may be withheld from his pay (if 
the employee so elects), and", and, in the eighth sentence, by 
inserting after "Fund" the following: "(to the extent deposits or 
deductions have not otherwise been made)". 
(k)(l) Section 307(a) of such Act is amended by inserting after "this Ante,_p. 797. 
Act" the following: "or who is entitled to an annuity based on a ^ ^^ ^^^^ '^°^-
separation from service occurring on or before such date of enact-
ment". 
(2) Section 307(b) of such Act is amended by striking out "insur-
ance benefits under section 202(a)" and inserting in lieu thereof "or 
survivors' insurance benefits under section 202" and by inserting 
after "such old-age" the following: "or survivors' ". 
(3) Section 307(d)(1) of such Act is amended by striking out "insur-
ance benefits under section 202(a)" and inserting in lieu thereof "or 
survivors' insurance benefits under section 202". 
(1) Section 310(bXl) of such Act is amended by inserting "pay ^"f|'P;'^^^-
periods beginning in" before "fiscal years" and by striking out 5 use 5
5
0
4 note. 
"under the General Schedule" and inserting in lieu thereof "as 
defined in section 5504(b) of title 5, United States Code". 
(m) Section 351 of such Act is amended— 
Ante, p. 800. 
(1) by striking out subsection (c) and redesignating subsections ^ ^^^ ^^^^ "
°
*
®
-
(d) and (e) as subsections (c) and (d), 
(2) in subsection (c), as so redesignated— 
(A) by striking out "The" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), the", and 
(B) by adding at the end thereof the following new para-
graph: 
"(2) The amendments made by this section shall not apply to any 
employee who is serving a tour of duty at a post of duty in Alaska or 
Hawaii on the date of the enactment of this Act during— 
"(A) such tour of duty, and 
"(B) any other consecutive tour of duty following such tour of 
duty.", and 
(3) by striking out "subsections (c) and (d)" in subsection (d), as 
so redesignated, and inserting in lieu thereof "subsection (c)". 
96 STAT. 1650 
PUBLIC LAW 97-346—OCT. 15, 1982 
Effective date. 
5 u s e 8332 note. 
Ante, p. 763. 
5 u s e 8906 note. 
95 Stat. 756. 
Effective date. 
5 u s e 3595 note. 
(n) The amendments made by this section shall take effect as of 
the date of the enactment of the Omnibus Budget Reconciliation Act 
of 1982. 
SEC. 4. (a) The Office of Personnel Management shall determine 
the amount by which the Government contribution under section 
8906(b) of title 5, United States Code, for the 1983 contract year is 
less than the Government contribution which would have been 
determined under such section 89060)) for such contract year if the 
Government contribution had been calculated by using the two 
employee organization plans which in 1981 satisfied the standard set 
forth in section 8906(a)(3) of such title. 
O
b
) The Government shall pay the amount of the difference deter-
mined under subsection (a) to the contingency reserves of all health 
benefits plans for contract year 1983 in proportion to the estimated 
number of individuals enrolled in such plans during 1983. Such 
pajmients shall be paid by the appropriate agencies (including the 
Postal Service and the Postal Rate Commission) from the appropri-
ations referred to in section 8906 (f) and (g) of title 5, United States 
Code, in the same manner as if such payments were Government 
contributions, and in amounts determined appropriate by the Office 
of Personnel Management. 
SEC. 5. (a) Subparagraph (B) of section 3595a3)(3) of title 5, United 
States Code, is amended by inserting "(i)" after "entitled" and by 
inserting after "that position" the following: "or (ii) be detailed by 
the Office to any vacant Senior Executive Service position for which 
the Office deems the employee to be qualified in any agency for a 
period not to exceed 60 days, and be placed in such position by the 
Office after the period of such detail, unless the head of the agency 
determines that the career appointee is not qualified for such 
position.". 
(b) Paragraph (3) of section 3595(c) of such title is amended to read 
as follows: 
"(3) in the event the career appointee is not placed under 
subsection 0t))(3) of this section— 
"(A) whether the Office of Personnel Management took 
all reasonable steps to achieve such placement, and 
"(B) the decision of an agency under subsection Ob)(3)(B) of 
this section that the career appointee is not qualified to be 
placed in a position.". 
(cXD Except as provided in paragraph (2), the amendments made 
by this section shall take effect on the date of the enactment of this 
Act. 
PUBLIC LAW 97-346—OCT. 15, 1982 
96 STAT. 1651 
(2) The amendments made by this section shall apply to an Effective date. 
individual who is a career appointee on or after September 30, 1982, 
except that any individual who is a career appointee on September 
30, 1982, and who is described in section 3595(b)(3) of title 5, United Ante, p. 1650. 
States Code, may not be removed before December 15, 1982, due to a 
reduction in force, unless the removal is under section 3595(b)(4)(A) 
of such title on the grounds the individual declined a reasonable 95 Stat. 756. 
placement offer. 
Approved October 15, 1982. 
LEGISLATIVE HISTORY—H.R. 5145: 
HOUSE REPORT No. 97-473 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
May 11, considered and passed House. 
Sept. 29, considered and passed Senate, amended. 
Oct. 1, House concurred in Senate amendments. 
97-200 O-84-pt. 2 
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