An Act to amend titles 5, 14, and 37, United States Code, to codify recent law, and to improve the Code
PL 90-83 (H.R.5876), enacted 09/11/1967

81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
195 
Public Law 90-83 
AN ACT 
September 11, 1967 
To amend titles 5, 14, and 37, United States Code, to codify recent law, and to 
[H. R. 5876] 
improve the Code. 
Government Or-
ganization and 
5 use 501 et 
seq. 
Definitions. 
Be it enacted hy the Senate and House of Representatives of the 
United States of Amenca in Congress assembled, That title 5, United 
States Code, is amended as follows: 
Employees 
(1) (A) Subchapter I of chapter 5 is amended by inserting the fol- ^ "^J"^ ^' ^•^• 
. 
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' 
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Code, amendment 
lowing new section at the beginning thereof: 
so stat. 331 
*'§ 500. Administrative practice; general provisions 
"(a) For the purpose of this section— 
"(1) 'agency' has the meaning given it by section 551 of this 
title; and 
"(2) 'State' means a State, a territory or possession of the 
United States including a Commonwealth, or the District of 
Columbia. 
"(b) An individual who is a member in good standing of the bar 
of the highest court of a State may represent a person before an 
agency on filing with the agency a written declaration that he is cur-
rently qualified as provided by this subsection and is authorized to 
represent the particular person in whose behalf he acts. 
"(c) An individual who is duly qualified to practice as a certified 
public accountant in a State may represent a person before the Internal 
Revenue Service of the Treasury Department on filing with that 
agency a written declaration that he is currently qualified as provided 
by this subsection and is authorized to represent the particular per-
son in whose behalf he acts. 
"(d) This section does not— 
"(1) grant or deny to an individual who is not qualified as pro-
vided by subsection (b) or (c) of this section the right to appear 
for or represent a person before an agency or in an agency pro-
ceeding ; 
"(2) authorize or limit the discipline, including disbarment, 
of individuals who appear in a representative capacity before an 
agency; 
"(3) authorize an individual who is a former employee of an 
agency to represent a person before an agency when the repre-
sentation is prohibited by statute or regulation; or 
" (4) prevent an agency from requiring a power of attorney as 
a condition to the settlement of a controversy involving the 
payment of money. 
"(e) Subsections (b)-(d) of this section do not apply to practice 
before the Patent Office with respect to patent matters that continue 
to be covered by chapter 3 (sections 31-33) of title 35. 
"(f) When a participant in a matter before an agency is represented 
by an individual qualified under subsection (b) or (c) of this section, 
•A notice or other written communication required or permitted to be 
given the participant in the matter shall be given to the representative 
in addition to any other service specifically required by statute. When 
a participant is represented by more than one such qualified repre-
sentative, service on any one of the representatives is sufficient." 
(B) The analysis of chapter 5 is amended by inserting the following 
new item before item 501: 
"500. Administrative practice; general provisions." 
(2) Section 1104(a) is amended— 
(A) by striking out "and" after the semicolon in paragraph 
(4) : 
66 Stat. 795. 
80 Stat. 399. 
196 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
(B) by striking out the period at the end of paragraph (5) 
and inserting "; and" in place thereof; and 
(C) by adding the following new paragraph after paragraph 
rus^c^sro'f- 
"(^) reviewing the operations under chapter 87 of this title 
8716. 
and advising the Commission on matters of policy relating to its 
activities thereunder." 
80 Stat. 402. 
(3) Sectiou 1305 is amended by inserting "of this title," after the 
figure "7521". 
(4) Sections 2101(3), 4102(a)(1)(C), 4109(a)(2)(A) and (B), 
5541(2) (xii), and 8101(1) (iii) are each amended by striking out 
"Coast and Geodetic Survey" and inserting "Environmental Science 
Services Administration" in plsice thereof. 
80 Stat. 409. 
(5^ Section 2107 is amended— 
(A) by striking out paragraph (6); 
(B) by striking out the period at the end of paragraph (7) 
and inserting "; and" in place thereof; and 
(C) by inserting the following new paragraph after para-
graph (7) : 
" (8) an employee of the Botanic Garden." 
80 Stat. 410. 
(6) Section 2108 is amended— 
(A) by striking out paragraph (1) and inserting in place 
thereof: 
"Veteran." 
u^]^^ 'vctcran'meaus an individual who— 
"(A) served on active duty in the armed forces during a 
war, in a campaign or expedition for which a campaign badge 
has been authorized, or during the period beginning April 28, 
1952, and ending July 1,1955; or 
"(B) served on active duty as defined by section 101(21) 
72 Stat. 1108. 
^j£ ^j|.jg 33 g
^
^ ^^y time in the armed forces for a period of 
more than 180 consecutive days after January 31, 1955, not 
77 Stat. 135. 
iucluding service under section 511(d) of title 10 pursuant to 
an enlistment in the Army National Guard or the Air Na-
tional Guard or as a Reserve for service in the Army Reserve, 
Naval Reserve, Air Force Reserve, Marine Corps Reserve, or 
Coast Guard Reserve; 
and who has been separated from the armed forces under honor-
able conditions;"; 
(B) by inserting "as defined by paragraph (1)(A) of this 
section" before the semicolon in paragraph (3) (A) ; 
(C) by inserting the following new paragraph after paragraph 
( 3 ) ( A ) : ' 
"(B) a veteran as defined by paragraph (1) (B) of this sec-
tion ;"; 
(D) by striking out "paragraph (1)" in paragraph (3) (E) 
and inserting "para^aph (1) (A)" in place thereof; and 
(E) by redesignating subparagraphs (B), (C), (D), (E),and 
(F) of paragraph (3) as subparagraphs "(C)", "(D)", " ( E ) " , 
"(F)", and "(G)", respectively. 
80 Stat. 415. 
(7) Section 3104 is amended— 
(A) by amending subsection (a) (5) by striking out the figure 
"3" and inserting the figure "6" in place thereof; 
(B) by amending subsection (a) by inserting the following 
new paragraph after paragraph (7) : 
"(8) National Aeronautics and Space Administration—not 
more than 12."; 
(C) by amending subsection (b) by inserting the following 
new sentence at the end thereof: "This subsection does not apply 
to the National Aeronautics and Space Administration."; and 
81 STAT.] 
PUBLIC LAW 90-83-SFPT. 11, 1967 
197 
(D) by amending the first sentence of subsection (c) to read: 
"The head of each agency authorized to establish and fix the pay ^f^^^l'^ *° 
of positions under this section and section 5361 of this title shall 
so^stat." 473. 
submit to Congress, not later than December 31 of each year (or 
in the case of the Administrator of the National Aeronautics and 
Space Administration not later than February 1 of each year), 
a report setting forth— 
"(1) the number of these positions established in his agency 
during that calendar year (or in the case of the National Aero-
nautics and Space Administration during the previous calendar 
year) ; and 
"(2) the name, rate of pay, and description of the qualifica-
tions of each incumbent, together with a statement of the functions 
performed by each." 
(8) Sections 3305(b), 3309(1), and 3318(c) are each amended by 
so stat. 419. 
striking out "section 2108(3) ( B ) - ( F ) " and inserting "section 2108 
(3) ( C ) - ( G ) " in place thereof. 
(9) (A) Chapter 33 is amended by inserting the following new 
5 use 3301 et 
section after section 3315: 
^^^' 
"§ 3315a. Registers; individuals receiving compensation for work 
injuries 
"(a) For the purpose of this section, 'employee' has the meaning 
given it by section 8101(1) (A) of this title, but does not include an 
so stat. 532. 
individual who, by statute, is deemed an employee for the purpose 
of subchapter I of chaj>ter 81 of this title. 
^ use s 101 et 
"(b) The Civil Service Commission, on application by an employee ^^^' 
or former employee receiving compensation under subchapter I of 
chapter 81 of this title, shall enter his name on each appropriate 
register or employment list, or both, maintained by the Commission, 
for certification for appointment to a vacant position for which he 
is physically and otherwise qualified, under regulations of the Com-
mission. An employee or former employee with career or career-
conditional status is entitled to the same priority in certification that 
the Commission accords a career or career-conditional employee who 
has been involuntarily displaced from his position through no fault 
of his own." 
(B) The analysis of chapter 33 is amended by inserting the follow-
ing new item after item 3315: 
'•3315a. Registers; individuals receiving compensation for work injuries." 
(10) Section 3324(a) (4) (A) is amended— 
so stat. 422. 
(A) by striking out "headings" and inserting "heading" in 
place thereof; 
(B) by striking out "and" and inserting "or" in place thereof; 
and 
(C) by striking out the last comma and inserting a semicolon in 
place thereof. 
(11) Section 5102(c) is amended— 
so stat. 444. 
(A) by striking out "who" in paragraph (15) and inserting 
"whose" in place thereof; 
(B) by striking out "or" at the end of paragraph (24); 
(C) by striking out the period at the end of paragraph (25) 
and inserting "; or" in place thereof; and 
(D) by inserting the following new paragraph after paragraph 
(25) : 
. _ 
"(26) civilian membere of the faculty of the Coast Guard 
Academy whose pay is fixed under section 186 of title 14." 
74 stat. 145; 
(12) Section 5108(c) (5) is amended by striking out "professional ^"so^slat^^^ 
engineering positions in the physical and natural sciences" and insert-
454. 
198 
PUBLIC LAW 90-83-SEPT. 11, 1%7 
[81 STAT. 
ing "professional positions in the physical and natural sciences and 
medicine" in place thereof. 
948° ^*^*- '^^°' 
(13 J Section 5313 is amended by striking out paragraph (6). 
(14) Section 5314 is amended— 
(A) by striking out paragraph (41); and 
(B) by inserting the following new paragraphs after paragraph 
(48): 
"(49) Chairman of the National Endowment for the Arts the 
incumbent of which also serves as Chairman of the National 
Council on the Arts. 
"(50) Chairman of the National Endowment for the Humani-
ties. 
"(51) Director of the Federal Mediation and Conciliation 
Service. 
"(52) Under Secretary of Housing and Urban Development." 
(15) Section 5315 is amended— 
(A^ by striking out "(4)" in paragraph (12) and inserting 
" (5)" in place thereof; 
(B^ by striking out "(2)" in paragraph (17) and inserting 
" (5)" in place thereof; 
(C) by striking out " ( 4 ) " in paragraph (18) and inserting 
" (5)" in place thereof; 
(D) by striking out "(5)" in paragraph (21) and inserting 
" (6)" in place thereof; 
(E) by striking out paragraphs (25), (26), (27), (28), and 
(30); 
(F) by redesignatmg paragraphs (78) and (79), relating to 
the Assistant Secretary for Science and the Assistant Secretary 
for History and Art, Smithsonian Institution, added by Public 
80 Stat. 1163. 
L a ^ 89-734, as paragraphs "(84)" and "(85)", respectively; 
(G) by redesignating paragraph (78), relating to the Deputy 
Administrator of the Small Business Administration, added by 
section 8(c)(1) of Public Law 89-779, as paragraph "(86)"; 
and 
(H) by inserting the following new paragraphs at the end 
thereof: 
"(87) Assistant Secretaries of Housing and Urban Develop-
ment (4). 
"(88) General Counsel of the Department of Housing and 
Urban Development. 
"(89) Commissioner of Interama." 
g^f Stat. 463, 
^^g^ Section 5316 is amended— 
(A) by striking out paragraphs (22), (38), (83), (94), and 
(95); 
(B) by amending paragraph (60) to read as follows: 
"(60) Director, Research and Development, Post Office De-
partment." ; 
(C) by redesignating paragraphs (117) and (118), relating 
to the Director, United States National Museum, and the Direc-
tor, Smithsonian Astrophysical Observatory, Smithsonian In-
stitution, added by Public Law 89-734, as paragraphs "(118)" 
and "(119)", respectively; and 
(D) by inserting the following new paragraphs at the end 
thereof: 
"(120) Administrator for Economic Development. 
"(121) Administrator of the Environmental Science Services 
Administration. 
"(122) Assistant Secretary of Housing and Urban Develop-
ment for Administration. 
80 Stat. 1364. 
80 Stat. 1163. 
81 STAT. 
PUBLIC LAW 90-93-SFPT. 11, 1^67 
199 
" (123) Director, Construction Engineering, Post Office Depart-
ment. 
" (124) Director, National Highway Safety Bureau. 
"(125) Director, National Traffic Safety Bureau." 
(17) Section 5317 is amended by striking out "thirty-four" and 
insertmg "34" in place thereof. 
(18) Section 5332(a) is amended to read as follows: 
"(a) The General Schedule, the symbol for which is 'GS', is the 
basic pay schedule for positions to which this subchapter applies. 
Each employee to whom this subchapter applies is entitled to basic pay 
in accordance with the General Schedule. 
"GENERAL SCHEDULE 
"Grade 
GS-1 
- - -
GS-2 
GS-3 
GS-4 
GS-5 
GS-6 
GS-7 
GS-8 
--
GS-9 
-
GS-10 
-
GS-11 
GS-12 
GS-13 
GS-14 
GS-15 
GS-16 
GS-17 
GS-18 
Annual rates and steps 
1 
$3,609 
3,925 
4,269 
4,776 
6,331 
5,867 
6,451 
7,068 
7,696 
8,421 
9,221 
10,927 
12,873 
15,106 
17,650 
20,075 
22,760 
26,890 
2 
$3,731 
4,058 
4,413 
4,936 
5,507 
6,065 
6,664 
7,303 
7,967 
8,709 
9,536 
11,306 
13,321 
15,629 
18,167 
20,745 
23,620 
3 
$3,863 
4,191 
4,657 
6,096 
5,683 
6,263 
6,877 
7,638 
8,218 
8,997 
9,851 
11,685 
13,769 
16,152 
18,764 
21,416 
24,280 
4 
$3,975 
4,324 
4,701 
6,256 
5,859 
6,461 
7,090 
7,773 
8,479 
9,285 
10,166 
12,064 
14,217 
16,675 
19,371 
22,086 
26,040 
5 
$4,097 
4,457 
4,845 
5,416 
6,035 
6,669 
7,303 
8,008 
8,740 
9,573 
10,481 
12,443 
14,665 
17,198 
19,978 
22,765 
25,800 
6 
$4,219 
4,690 
4,989 
6,676 
6,211 
6,857 
7,516 
8,243 
9,001 
9,861 
10,796 
12,822 
15,113 
17,721 
20,686 
23,425 
7 
$4,341 
4,723 
5,133 
5,736 
6,387 
7,056 
7,729 
8,478 
9,262 
10,149 
11, 111 
13,201 
16,561 
18,244 
21,192 
24,095 
8 
$4,463 
4,856 
6,277 
5,896 
6,563 
7,263 
7,942 
8,713 
9,523 
10,437 
11,426 
13,680 
16,009 
18,767 
21,799 
24,765 
9 
$4,685 
4,989 
5,421 
6,066 
6,739 
7,451 
8,155 
8,948 
9,784 
10,726 
11,741 
13,969 
16,457 
19,290 
22,406 
25,436 
10 
$4,707 
5,122 
5,565 
6,216 
6,915 
7,649 
8,368 
9,183 
10,046 
11,013 
12,066 
14,338 
16,905 
19,813 
23,013 
>i 
(19) Section 5333 (a) is amended by striking out "GS-13" and insert-
ing "GS-11" in place thereof. 
(20) Section 5335 is amended by redesignating subsections (c) and 
(d) as subsections " ( d ) " and "(e)", respectively, and by inserting the 
following new subsection after subsection (b) : 
"(c) When a determination is made under subsection (a) of this 
section that the work of an employee is not of an acceptable level of 
competence, the employee is entitled to prompt written notice of that 
determination and an opportunity for reconsideration of the deter-
mination within his agency under uniform procedures prescribed by 
the Commission. If the determination is affirmed on reconsideration, 
the employee is entitled to appeal to the Commission. If the recon-
sideration or appeal results in a reversal of the earlier determination, 
the new determination supersedes the earlier determination and is 
deemed to have been made as of the date of the earlier determination. 
The authority of the Commission to prescribe procedures and the en-
titlement of the employee to appeal to the Commission do not apply to 
a determination of acceptable level of competence made by the Librar-
ian of Congress." 
(21) Section 5504(a) (2), (b) (C) is amended by striking out "sec-
tion 6101(c)" wherever it appears and inserting "section 6101(a) (5)" 
in place thereof. 
(22) Chapter 55 is amended by inserting the following new section 
after section 5534: 
"§ 5534a. Dual employment and pay during terminal leave from 
uniformed services 
"A member of a uniformed service who has performed active service 
and who is on terminal leave pending separation from, or release 
from active duty in, that service under honorable conditions may 
80 Stat. 
948. 
467, 
Post, 
p. 207. 
5 u s e 5501 el 
seq. 
^ 
PUJBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
accept a civilian office or position in the Government of the United 
States, its territories or possessions, or the government of the District 
of Columbia, and he is entitled to receive the pay of that office or 
position in addition to pay and allowances from the uniformed service 
lor the unexpired portion of the terminal leave." 
(23) The analysis of chapter 55 is amended by inserting the follow-
ing new item after item 5534: 
"5534a. Dual employment and pay during terminal leave from uniformed 
services." 
80 Stat. 485. 
(£4) Sectiou 5542(a) is amended— 
(A) by inserting ", or (with the excej)tion of an employee 
engaged in professional or technical engineering or scientific 
activities for whom the first 40 hours of duty in an administrative 
workweek is the basic workweek and an employee whose basic 
E
ay exceeds the minimum rate for GS-10 for whom the first 40 
ours of duty in an administrative workweek is the basic work-
week) in excess of 8 hours in a day," after "workweek"; and 
(B) by striking out "GS-9" wherever it appears therein and 
inserting "GS-10" in place thereof. 
(25) Section 5543(a) (2) is amended by striking out "GS-9" and 
inserting "GS-10" in place thereof. 
(26) (A) Section 5544 is amended— 
(i) by inserting the following new sentence flush at the end of 
subsection (a): "An employee subject to this subsection whose reg-
ular work schedule includes an 8-hour period of service a part 
of which is on Sunday is entitled to additional pay at the rate 
of 25 percent of his hourly rate of basic pay for each hour of 
work performed during that 8-hour period of service."; and 
(ii) by amending the catchline to read as follows: 
"§5544. Wage-board overtime and Sunday rates; computation" 
(B) The analysis of chapter 55 is amended by striking out the 
following item: 
"5544. Wage-board overtime rates; computation." 
and inserting the following item in place thereof: 
"5544. Wage-board overtime and Sunday rates; computation." 
(27) Section 5545 is amended— 
(A) by striking out "GS-9" wherever it appears in subsection 
(c) and inserting "GS-10" in place thereof; 
(B) by inserting ", Sunday," after "night" in subsection (c) 
(1); 
(C) by inserting ", on Sundays," and "Sunday," after "duty 
at night" and "duration of night,", respectively, in subsection 
(c) (2); 
. 
. 
(D) by inserting the following new subsection after subsec-
tion (c): 
"(d) The Commission shall establish a schedule or schedules of pay 
differentials for irregular or intermittent duty involving unusual 
physical hardship or hazard. Under such regulations as the Commis-
sion may prescribe, and for such minimum periods as it determines 
5°us*c*5i*of"e( 
appropriate, an employee to whom chapter 51 and subchapter III of 
aeq. 
" 
chapter 53 of this title applies is entitled to be paid the appropriate 
5 use 5331 et 
differential for any period in which he is subjected to physical hardship 
^
^
"
^
^ 
or hazard not usually involved in carrying out the duties of his position. 
However, the pay differential— 
" (1) does not apply to an employee in a position the classification 
of which takes into account the degree of physical hardship or 
hazard involved in the performance of the duties thereof; and 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
201 
"(2) may not exceed an amount equal to 25 percent of the rate 
of basic pay applicable to the employee."; and 
(E) by amending the catchline to read as follows: 
''§5545. Night, Sunday, standby, irregular, and hazardous duty 
differential" 
(28) The analysis of chapter 55 is amended by striking out the 
following item: 
"5545. Night, Standby, and irregular duty differential." 
and by inserting the following item in place thereof: 
"5545. Night, Sunday, standby, irregular, and hazardous duty differential." 
(29) Section 5546 is amended— 
so stat. 488. 
(A) by redesignating subsections (a), (b), (c), and (d) as 
subsections "(b)", "(c)", "(d)", and "(e)", respectively; 
(B) by inserting the following new subsection (a) : 
"(a) An employee who performs work during a regularly sched-
uled 8-hour period of service which is not overtime work as defined by 
section 5542(a) of this title a part of which is j)erformed on Sunday 
is entitled to pay for the entire period of service at the rate of his 
basic pay, plus premium pay at a rate equal to 25 percent of his rate of 
basic pay."; and 
(C) by amending the catchline to read as follows: 
**§ 5546. Pay for Sunday and holiday work". 
(30) The analysis of chapter 55 is amended by striking out the 
following item: 
"5546. Pay for holiday work." 
and by inserting the following item in place thereof: 
"5546. Pay for Sunday and holiday work." 
(31) Section 6547 is amended by striking out "this subchapter" and 
inserting "sections 5542, 5545(a)-(c), and 5546 (a), (b) of this title" 
in place thereof. 
(32) Section 5548 is amended— 
(A) by inserting the designation " ( a ) " before "The", at the 
beginning thereof; 
(B) by striking out "section 5544" and inserting "sections 5544 
and 5545 (d)" in place thereof; and 
(C) by inserting the following new subsection at the end 
thereof: 
"(b) The Commission shall prescribe regulations necessary for the 
administration of section 5545 (d) of this title." 
Ante, p. 200. 
(33) Section 5564(a) is amended by striking out the words "when 
so stat. 491. 
it is located outside the United States or in Alaska or Hawaii". 
(34) Chapter 55 is amended— 
(A) by amending the heading of subchapter IX, preceding sec- 
so stat. 496. 
tion 5591, to read as follows: 
" S U B C H A P T E R IX—SEVERANCE PAY AND BACK P A Y " ; 
(B) by striking out sections 5591, 5592, 5593, and 5594; and 
Repeals. 
(C) by inserting the following new sections at the end thereof: 
**§5595. Severance pay 
" (a) For the purpose of this section— 
" (1) 'agency' means— 
"^A) an Executive agency; 
"(B) the Library of Congress; 
"(C) the Govenmient Printing Office; and 
202 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
"(D) the government of the District of Columbia; and 
" (2) 'employee' means— 
" (A) an individual employed in or under an agency; and 
"(B) an individual employed by a county committee estab-
52 Stat. 31. 
listed under section 590h (b) of title 16; 
but does not include— 
"(i) an employee whose rate of basic pay is fixed at a rate 
provided for one of the levels of the Executive Schedule or 
IS in excess of the maximum rate for GS-18; 
"(ii) an employee serving under an appointment with a 
definite time limitation, except one so appointed for full-time 
employment without a break in service of more than 3 days 
following service under an appointment without time limita-
tion; 
"(iii) an alien employee who occupies a position outside 
the several States, the District of Columbia, and the Canal 
Zone; 
"(iv) an employee who is subject to subchapter III of 
5°us*c*833f ef 
chapter 83 of this title or any other retirement statute or re-
seq. 
tirement system apj)licable to an employee as defined by 
section 2105 of this title or a member of a uniformed service 
and who, at the time of separation from the service, has ful-
filled the requirements for immediate annuity under such a 
statute or system; 
"(v) an employee who, at the time of separation from the 
service, is receiving compensation under subchapter I of 
Txfsc'kioi'et 
chapter 81 of this title, other than one receiving this com-
seq. 
pensation concurrently with pay or on account of the death 
of another individual; 
"(vi) an employee who, at the time of separation from the 
service, is entitled to receive other severance pay from the 
' 
Government; 
"(vii) an employee of the Tennessee Valley Authority; or 
"(viii) such other employee as may be excluded by regula-
tions of the President or such other officer or agency as he may 
designate. 
"(b) Under regulations prescribed bv the President or such officer 
or agency as he may designate, an employee who— 
"(1) has been employed currently for a continuous period of at 
least 12 months; and 
" (2) is involuntarily separated from the service, not by removal 
for cause on charges of misconduct, delinquency, or inefficiency; 
is entitled to be paid severance pay in regular pay periods by the 
agency from which separated. 
"(c) Severance pay consists of— 
"(1) a basic severance allowance computed on the basis of 1 
week's basic pay at the rate received immediately before sepa-
ration for each year of civilian service up to and including 10 
years for which severance pay has not been received under this or 
any other authority and 2 weeks' basic pay at that rate for each 
year of civilian service beyond 10 years for which severance pay 
has not been received under this or any other authority; and 
"(2) an age adjustment allowance computed on the basis of 
10 percent of the total basic severance allowance for each year 
by which the age of the recipient exceeds 40 years at the time of 
separation. 
Total severance pay under this section may not exceed 1 year's pay 
at the rate received immediately before separation. For the purpose of 
81 STAT.] 
PUBLIC LAW 90-8^-SEPT. 11, 1967 
203 
this subsection, 'basic pay' includes premium pay under section 5545 
(C) ( 1 ) o f this title. 
so Stat. 487. 
"(d) If an employee is reemployed by the Government of the United 
States or the government of the District of Columbia before the end 
of the period covered by payments of severance pay, the payments 
shall be discontinued beginning with the date of reemployment and 
the service represented by the unexpired portion of the period shall 
be recredited to the employee for use in any later computations of 
severance pay. For the purpose of subsection (b) (1) of this section, 
reemployment that causes severance pay to be discontinued is deemed 
employment continuous with that serving as the basis for severance 
pay. 
"(e) If the employee dies before the end of the period covered by 
payments of severance pay, the payments of severance pay with re-
spect to the employee shall be continued as if the employee were living 
and shall be paid on a pay period basis to the survivor of the employee 
in accordance with section 5582(b) of this title. 
^o ^*^*- "^^s. 
"(f) Severance pay under this section is not a basis for payment, and 
may not be included in the basis for computation, of any other type 
of United States or District of Columbia Government benefits. A 
period covered by severance pay is not a period of United States or 
District of Columbia Government service or employment. 
"(g) The Secretary of Agriculture shall prescribe regulations to 
effect the application and operation of this section to an individual 
named by subsection (a)(2)(B) of this section. 
*'§ 5596. Back pay due to unjustified personnel action 
"(a) For the purpose of this section, 'agency' means— 
"(1) an Executive agency; 
"(2) the Administrative Office of the United States Courts; 
"(3) the Library of Congress; 
" (4) the Government Printing Office; and 
"(5) the government of the District of Columbia. 
" (b) An employee of an agency who, on the basis of an administra-
tive determination or a timely appeal, is found by appropriate author-
ity under applicable law or regulation to have undergone an unjustified 
or unwarranted personnel action that has resulted in the withdrawal 
or reduction of all or a part of the pay, allowances, or differentials of 
the employee— 
"(1) is entitled, on correction of the personnel action, to receive 
for the period for which the personnel action was in effect an 
amount equal to all or any part of the pay, allowances, or differen-
tials, as applicable, that the employee normally would have earned 
during that period if the personnel action had not occurred, less 
any amounts earned by him through other employment during 
that period; and 
"(2) for all purposes, is deemed to have performed service 
for the agency during that period, except that the employee may 
not be credited, under this section, leave in an amount that would 
cause the amount of leave to his credit to exceed the maximum 
amount of the leave authorized for the employee by law or regula-
tion. 
"(c) The Civil Service Commission shall prescribe regulations to 
carry out this section. However, the regulations are not applicable to 
the Tennessee Valley Authority and its employees." 
(35) The analysis of chapter 55 is amended— 
(A) by amending the heading of subchapter I X to read as 
follows: 
204 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
"SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY"; 
(B) by Striking out items 5591, 5592, 5593, and 5594; and 
(C) by inserting the following new items at the end thereof: 
"5595. Severance pay. 
"5596. Back pay due to unjustified personnel action." 
80 Stat. 502. 
(gg) Section 5724 is amended— 
(A) by amending subsection (a) (2) thereof by striking out 
the figure "7,000" and inserting the figure "11,000" in place 
thereof; 
(B) by amending subsection (c) by inserting the following 
new sentence at the end thereof: "However, under regulations 
prescribed by the President, payment of actual expenses may 
be made when the head of the agency determines that payment 
of actual expenses is more economical to the Government."; 
(C) by amending subsection (e) by inserting the following 
new sentence at the end thereof: "However, under regulations 
prescribed by the President, in a transfer from one agencj^ to 
another because of a reduction in force or transfer of nmction, 
expenses authorized by this section and sections 5726(b) and 
5727 of this title (other than expenses authorized in connection 
with a transfer to a foreign country) and by section 5724(a), 
(b) of this title may be paid in whole or in part by the agency 
from which the employee transfers or by the agency to which 
he transfers, as may be agreed on by the heads of the agencies 
concerned, "j and 
(D) by inserting the following new subsection at the end 
thereof: 
"(i) An agency may pay travel and transportation expenses (in-
cluding storage of household goods and personal effects) and other 
^"''•^- 
relocation allowances under this section and sections 5724a and 5726 
Post, p. 206. 
(c) of this title when an employee is transferred within the continen-
tal United States only after the employee agrees in writing to remain 
in the Government service for 12 months after his transfer, unless 
separated for reasons beyond his control that are acceptable to the 
agency concerned. If the employee violates the agreement, the money 
spent by the United States for the expenses and allowances is recover-
able from the employee as a debt due the United States." 
80 Stat. 497. 
(37) (A) Chapter 57 is amended by inserting the following new 
^^5^use 5701 et 
gection after section 5724: 
*
*
§ 5724a. Relocation expenses of employees transferred or reem-
ployed 
"(a) Under such regulations as the President may prescribe and 
to the extent considered necessary and appropriate, as provided 
therein, appropriations or other funds available to an agency for 
administrative expenses are available for the reimbursement of all or 
part of the following expenses of an employee for whom the Govern-
ment pays expenses of travel and transportation under section 5724 
(a) of this title: 
" (1) Expenses of per diem allowance instead of the subsistence 
expenses oi the immediate family of the employee while en route 
between his old and new official stations, not m excess of the maxi-
mum per diem rates prescribed by or under section 5702 of this 
title. 
"(2) Expenses of per diem allowance instead of subsistence of 
the employee and his spouse, not in excess of the maximum per 
diem rates prescribed by or under section 5702 of this title. Ex-
penses of transportation to seek permanent residence quarters at 
a new official station when both the old and new stations are located 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
205 
within the continental United States. However, expenses under 
this paragraph may be allowed only for one round trip in con-
nection with each change of station of the employee. 
"(3) Subsistence expenses of the employee and his immediate 
family for a period of 30 days while occupying temporary quar-
ters when the new official station is located within the United 
States, its territories or possessions, the Commonwealth of Puerto 
Eico, or the Canal Zone. The period of residence in temporary 
quarters may be extended for an additional 30 days when the 
employee moves to or from Hawaii, Alaska, the territories or pos-
sessions, the Commonwealth of Puerto Rico, or the Canal Zone. 
The regulations shall prescribe average daily rates for subsist-
ence expenses per individual, not in excess of the maximum per 
diem rates prescribed by or under section 5702 of this title, for the 
^° ^*^*- '*^^-
location in which the temporary quarters are located. Ileimburse-
ment for subsistence expenses actually incurred may not exceed 
these daily rates for the first 10 days of the period, two-thirds of 
the rates for the second 10 days, and one-half of the rates for the 
balance of the period, including the additional 30 days. 
"(4) Expenses of the sale of the residence (or the settlement of 
an unexpired lease) of the employee at the old station and purchase 
of a home at the new official station required to be paid by him 
when the old and new official stations are located within the 
United States, its territories or possessions, the Commonw^ealth of 
Puerto Rico, or the Canal Zone, However, reimbursement for 
brokerage fees on the sale of the residence and other expenses 
under this paragraph may not exceed those customarily charged in 
the locality where the residence is located, and reimbursement may 
not be made for losses on the sale of the residence. This paragraph 
applies regardless of whether title to the residence or the unex-
pired lease is in the name of the employee alone, in the joint names 
of the employee and a member of his immediate family, or in the 
name of a member of his immediate family alone. 
"(b) Under such regulations as the President may prescribe and to 
the extent considered necessary and appropriate, as provided therein, 
and notwithstanding other reimbursement authorized under this sub-
chapter, an employee who is reimbursed under subsection (a) of this 
section or section 5724(a) of this title is entitled to— 
"(1) an amount not to exceed 2 weeks' basic pay, if he has an 
immediate family; or 
"(2) an amount not to exceed 1 week's basic pay, if he does not 
have an immediate family. 
However, the amounts may not exceed amounts determined from the 
maximum rate for GS-13. 
"(c) Under such regulations as the President may prescribe, a 
former employee separated by reason of reduction in force or transier 
of function who wdthin 1 year after the separation is reemployed by 
a nontemporary appointment at a different geographical location from 
that where the separation occurred may be allowed and paid the ex-
penses authorized by sections 5724, 5725, 5726(b), and 5727 of this 
title, and may receive the benefits authorized by subsections (a) and 
so stat. 502. 
(b) of this section, in the same manner as though he had been trans-
ferred in the interest of the Government without a break in service 
to the location of reemployment from the location where separated." 
(B) The analysis of chapter 57 is amended by inserting the follow-
ing new item after item 5724: 
"5724a. Relocation expenses of employees transferred or reemployed." 
(38) Section 5726 is amended— 
(A) by amending subsection (a) by striking out "this section" 
and inserting "subsection (b) of this section" in place thereof; 
80 Stat. 508. 
Infra. 
206 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
(B) by amending subsection (b) by striking out the figure 
"7,000" and inserting the figure "11,000" in place thereof; and 
(C) by inserting the following new subsection at the end 
thereof: 
" (c) Under such regulations as the President may prescribe, when 
an employee, including a new appointee and a student trainee to 
80 Stat. 502. 
^jig extcut authorized by section 5723 of this title, is assigned 
to a permanent duty station at an isolated location in the continental 
United States to which he cannot take or at which he is unable to use 
his household goods and personal effects because of the absence of 
residence quarters at the location, nontemporary storage expenses or 
storage at Government expense in Government-owned facilities (in-
cluding related transportation and other expenses), whichever is more 
economical, may be allowed the employee under regulations prescribed 
by the head of the agency concerned. The weight of property stored 
under this subsection, together with the weight of property trans-
Ante, p. 204. 
ported under sections 5723(a) and 5724(a) of this title, may not ex-
ceed the total maximum weight the employee would be entitled to 
have moved. The period of nontemporary storage under this subsection 
may not exceed 3 years." 
(39) Section 5901 is amended— 
(A) by striking out "$100" wherever it appears in subsection 
(a) and inserting "$125" in place thereof; 
(B) by striking out "subsection (d) of this section" in the 
third sentence in subsection (a) and inserting' "section 5903 of 
this title" in place thereof; 
(C) by inserting the following new sentence at the end of 
subsection (a) : "When the agency pays direct to the uniforai 
vendor, the head of the agency may deduct a service charge of 
not more than 4 percent."; and 
(D) by striking out subsection (d). 
(40) (A) Chapter 59 is amended by inserting the following new 
sections after section 5901: 
*
*
§ 5902. Increase in maximum uniform allowance 
"Notwithstanding section 5901 of this title, each of the respective 
maximum uniform allowances in effect on April 1, 1966, for the re-
spective categories of employees to whom uniform allowances are 
paid under section 5901 of this title are increased, subject to the maxi-
mum allowance authorized by section 5901 of this title, as follows: 
"(1) If the maximum uniform allowance is $100 or more, it is 
increased by 25 percent. 
" (2) If the maximum uniform allowance is $75 or more but less 
than $100, it is increased by 30 percent. 
"(3) If the maximum uniform allowance is $50 or more but less 
than $75, it is increased by 35 percent. 
"(4) If the maximum uniform allowance is less than $50, it is 
increased by 40 percent. 
The maximum uniform allowances, as in effect on April 1, 1966, and 
as increased by this section, may not be reduced. 
''§5903. Regulations 
"The Director of the Bureau of the Budget shall prescribe regula-
tions necessary for the uniform administration of this subchapter." 
(B) The analysis of chapter 59 is amended by inserting the follow-
ing new items after item 5901: 
"5902. Increase in maximum uniform allowance, 
"5903. Regulations." 
5 use 5901 et 
seq. 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
207 
(41) Section 5942 is amended— 
sostat. 513. 
(A) by inserting after the word "islands" the words "or at the 
United States Atomic Energy Commission Nevada Test Site, 
including the Nuclear Eocket Development Station,"; and 
(B) by inserting in the catchline after the word "islands" the 
words "or at Nevada Test Site". 
(42) The analysis of chapter 59 is amended by striking out the fol-
lowing item: 
"5942. Allowance based on duty on California offshore islands." 
and by inserting the following item in place thereof: 
"5942. Allowance based on duty on California offshore islands or at Nevada 
Test iSite." 
(43) Section 6101 is amended to read as follows: 
"§ 6101. Basic 40-hour workweek; work schedules; regulations 
"(a) (1) For the purpose of this subsection, 'employee' includes an 
individual employed by the government of the District of Columbia, 
but does not include an employee or individual excluded from the defi-
nition of employee in section 5541(2) of this title. 
^° ^*^*- '^^^• 
"(2) The head of each Executive agency, military department, and 
of the government of the District of Columbia shall— 
"(A) establish a basic administrative workweek of 40 hours 
for each full-time employee in his organization; and 
"(B) require that the hours of work within that workweek be 
performed within a period of not more than 6 of any 7 consecu-
tive days. 
"(3) Except when the head of an Executive agency, a military 
department, or of the government of the District of Columbia deter-
mines that his organization would be seriously handicapped in carry-
ing out its functions or that costs would be substantially increased, he 
shall provide, with respect to each employee in his organization, that— 
"(A) assignments to tours of duty are scheduled in advance 
over periods of not less than 1 week; 
"(B) the basic 40-hour workweek is scheduled on 5 days, Mon-
day through Friday when possible, and the 2 days outside the 
basic workweek are consecutive; 
"(C) the working hours in each day in the basic workweek are 
the same; 
"(D) the basic nonovertime workday may not exceed 8 hours; 
"(E) the occurrence of holidays may not affect the designation 
of the basic workweek; and 
"(F) breaks in working hours of more than 1 hour may not be 
scheduled in a basic workday. 
"(4) Notwithstanding paragraph (3) of this subsection, the head 
of an Executive agency, a military department, or of the government 
of the District of Columbia may establish special tours of duty, of not 
less than 40 hours, to enable employees to take courses in nearby col-
leges, universities, or other education institutions that will equip them 
for more effective work in the agency. Premium pay may not be paid 
to an employee solely because his special tour of duty established under 
this paragraph results in his working on a day or at a time of day for 
which premium pay is otherwise authorized. 
"(5) The Architect of the Capitol may apply this subsection to 
employees under the Office of the Architect of the Capitol or the 
Botanic Garden. The Librarian of Congress may apply this subsection 
to employees under the Library of Congress. 
"(b) (1) For the purpose of this subsection, 'agency' and 'employee' ••"^YoTe^"*' 
have the meanings given them by section 5541 of this title. 
85-622 0-68—16 
208 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 ;5TAT. 
"(2) To the maximum extent practicable, the head of an agency 
shall schedule the time to be spent by an employee in a travel status 
away from his official duty station within the regularly scheduled 
workw^eek of the employee. 
"(c) The Civil Service Commission may prescribe regulations, sub-
ject to the approval of the President, necessary for the administration 
of this section insofar as this section affects employees in or under an 
p]xecutive agency." 
80 Stat. 523. 
^44^ Section 7154 is amended by striking out subsection (a) thereof. 
^^5 use 7301 et 
(45) Chapter 73 is amended— 
^^'^' 
(A) by amending the heading of subchapter IV, preceding 
section 7341, to read as follows: 
" S U B C H A P T E R IV—FOREIGN GIFTS AND DECORATIONS" ; 
^^p^^^- 
(B) by striking out section 7341; and 
(C) by inserting the following new section in subchapter IV 
thereof: 
"§ 7342. Receipt and disposition of foreign gifts and decorations 
" (a) For the purpose of this section— 
Definitions. 
u(^i^ 'employee'means— 
80 Stat. 409. 
"(A) an emj)loyee as defined by section 2105 of this title; 
"(B) an individual employed by, or occupying an office 
or position in, the government of a territory or possession 
of the United States or of the District of Columbia; 
"(C) a member of a uniformed service; 
" m ) the President; 
"(E) a Member of Congress as defined by section 2106 of 
this title; and 
"(F) a member of the family and household of an indi-
vidual described in subparagraphs (A)-(E) of this para-
graph; 
"(2) 'foreign government' means a foreign government and 
an official agent, or representative thereof; 
"(3) 'gift' means a present or thing, other than a decoration, 
tendered by or received from a foreign government; and 
"(4) 'decoration' means an order, device, medal, badge, 
insignia, or emblem tendered by or received from a foreign 
government. 
" (b) An employee may not request or otherwise encourage the tender 
of a gift or decoration. 
"(c) Congress consents to— 
" (1) the accepting and retaining by an employee of a gift of 
minimal value tendered or received as a souvenir or mark of 
courtesy; and 
"(2) the accepting by an employee of a gift of more than 
minimal value when it appears that to refuse the gift would be 
likely to cause offense or embarrassment or otherwise adversely 
affect the foreign relations of the United States. 
However, a gift of more than minimal value is deemed to have been 
accepted on behalf of the United States and shall be deposited by the 
donee for use and disposal as the property of the United States under 
regulations prescribed under this section. 
"(d) Congress consents to the accepting, retaining, and wearing by 
an employee of a decoration tendered in recognition of active field 
service in time of combat operations or awarded for other outstanding 
or unusually meritorious performance, subject to the approval of the 
agency, office or other entity in which the employee is employed and 
the concurrence of the Secretary of State. Without this approval and 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
209 
concurrence, the decoration shall be deposited by the donee for use and 
disposal as the property of the United States under regulations pre-
scribed under this section. 
"(e) The President may prescribe regulations to carry out the pur-
pose of this section." 
(46) The analysis of chapter 73 is amended— 
(A) by amending the heading of subchapter IV to read as 
follows: 
"SUBCHAPTEE IV—FOREIGN GIFTS AND DECORATIONS 
, 
(B) by striking out item 7341; and 
(C) by inserting the following new item: 
"7342. Receipt and disposition of foreign gifts and decorations." 
(47) Section 7901 is amended by striking out "Public Health Serv-
ice" wherever it appears and inserting "Secretary of Health, Educa-
tion, and Welfare" m place thereof. 
(48) Section 8101 is amended— 
(A) by striking out "and" after the semicolon in paragraph 
(15); 
(B) by striking out the period at the end of paragraph (16) and 
inserting a semicolon in place thereof; and 
(C) by inserting the following new paragraphs after para-
graph (16) : 
"(17) 'student' means an individual under 23 years of age who 
has not completed 4 years of education beyond the high school 
level and who is regularly pursuing a full-time course of study 
or training at an institution which is— 
"(A) a school or college or university operated or directly 
supported by the United States, or by a State or local govern-
ment or political subdivision thereof; 
"(B) a school or college or university which has been 
accredited by a State or by a State-recognized or nationally 
recognized accrediting agency or body; 
"(C) a school or college or university not so accredited but 
whose credits are accepted, on transfer, by at least three in-
stitutions which are so accredited, for credit on the same basis 
as if transferred from an institution so accredited; or 
"(D) an additional type of educational or training insti-
tution as defined by the Secretary of Labor. 
Such an individual is deemed not to have ceased to be a student 
during an interim between school years if the interim is not more 
than 4 months and if he shows to the satisfaction of the Secretary 
that he has a bona fide intention of continuing to pursue a full-
time course of study or training during: the semester or other en-
rollment period immediately after the interim or during periods 
of reasonable duration during which, in the judgment of the Sec-
retary, he is prevented by factors beyond his control from pur-
suing his education. A student whose 23rd birthday occurs during 
a semester or other enrollment period is deemed a student until the 
end of the semester or other enrollment period; 
"(18) 'price index' means the Consumer Price Index (all 
items—United States city average) published monthly by the Bu-
reau of Labor Statistics; and 
"(19) 'base month' means the month of July 1966 and each 
later month which is used as a basis for calcula4:ing an increase 
under section 8146a of this title." 
(49) Section 8103(a) (2) is amended by inserting "or another retire-
ment system for employees of the Government" before the semicolon. 
80 Stat. 530. 
••Student. 
••Price index.•• 
'•Base month." 
Post. 
p. 212. 
80 Stat. 535. 
210 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
80 Stat. 536. 
(50) Section 8107 (a), (b) is amended to read: 
"(a) If there is permanent disability involving the loss of use of 
a member or fmiction of the body or involving disfigurement, the 
employee is entitled to basic compensation for the disability, as pro-
vided by the schedule in subsection (c) of this section, at the rate of 
66% percent of his monthly pay. The basic compensation is— 
"(1) payable regardless of whether the cause of the disability 
originates in a part of the body other than that member; 
"(2) payable regardless of whether the disability also involves 
another impairment of the body; and 
"(3) in addition to compensation for temporary total or 
temporary partial disability. 
"(b) With respect to any period after payments under subsection 
(a) of this section have ended, an employee is entitled to compensa-
tion as provided by— 
"(1^ section 8105 of this title if the disability is total; or 
"(2) section 8106 of this title if the disability is partial." 
(51) Section 8108 is amended by striking out of the last sentence "for 
the purposes of disabilities specified by section 8107(b) of this title,". 
(52) Section 8109(a) (1) is amended by striking out ", including 
a disability compensable under the schedule in section 8107 (c) of this 
title because of section 8107 (b) of this title". 
(53) Section 8110 is amended— 
(A) by inserting the following new sentence flush at the end of 
subsection (a) : "Notwithstanding paragraph (3) of this subsec-
tion, compensation payable for a child that would otherwise end 
because the child has reached 18 years of age shall continue if he is 
Ante, p. 209. 
g
^ studeut as defined by section 8101 of this title at the time he 
reaches 18 years of age for so long as he continues to be such a stu-
dent or until he marries."; 
(B) by striking out "including compensation payable under 
the schedule in section 8107(c) by virtue of section 8107(b) of 
this title" in subsection (b) (1) ; and 
(C) by striking out the last sentence of subsection (b). 
(54) Section 8111 (a) is amended by striking out "$125" and insert-
ing "$300" in place thereof. 
(55) Section 8112 is amended by striking out "may not exceed $525 
a month, and in case of total disability may not be less than $180 a 
month" and inserting "may not be more than 75 percent of the monthly 
pay of the maximum rate of basic pay for GS-15, and in case of total 
disability may not be less than 75 percent of the monthly pay of the 
minimum rate of basic pay for GS-2". 
(56) Section 8116(a) is amended by inserting in the last sentence 
after "subchapter I I I of chapter 83 of this title" the following: ", or 
another retirement system for employees of the Government,". 
80 Stat. 544. 
(57) Sectiou 8122 is amended— 
(A) by striking out "due to radiation or other cause" in sub-
section (b); and 
(B) by inserting the following new subsection after subsection 
"(d) The time limitations in subsections (a)-(c) of this section 
do not— 
"(1) begin to run against a minor until he reaches 21 years of 
age or has had a legal representative appointed; or 
"(2) run against an incompetent individual while he is incom-
petent and has no duly appointed legal representative." 
(58) Section 8124 is amended— 
(A) by inserting the designation " ( a ) " before "The", at the 
beginning thereof; 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
211 
(B) by inserting the following new subsection at the end 
thereof: 
"(b) (1) Before review under section 8128(a) of this title, a claim- 
8° ^'^^- ^^s. 
ant for compensation not satisfied with a decision of the Secretary 
under subsection (a) of this section is entitled, on request made within 
30 days after the date of the issuance of the decision, to a hearing on 
his claim before a representative of the Secretary. At the hearing, the 
claimant is entitled to present evidence in further support of his 
claim. Within 30 days after the hearing ends, the Secretary shall notify 
the claimant in writing of his further decision and any modifications 
of the award he may make and of the basis of his decision. 
"(2) In conducting the hearing, the representative of the Secretary 
is not bound by common law or statutory rules of evidence, by techni-
cal or formal rules of procedure, or by section 554 of this title except as 
so stat. 334. 
provided by this subchapter, but may conduct the hearing in such 
manner as to best ascertain the rights of the claimant. For this pur-
pose, he shall receive such relevant evidence as the claimant adduces 
and such other evidence as he determines necessary or useful in eval-
uating the claim."; and 
(C) by amending the catchine to read as follows: 
§ 8124. Findings and award; hearings 
(59) The analysis of chapter 81 is amended by striking out the fol-
lowing item: 
"8124. Findings and award." 
and by inserting the following item in place thereof: 
"8124. Findings and award; hearings." 
(60) Section 8131(c) is amended by inserting the following new 
sentence at the end thereof: "However, the beneficiary is entitled to 
not less than one-fifth of the net amount of a settlement or recovery 
remaining after the expenses thereof have been deducted." 
(61) Section 8132 is amended by inserting the following new 
sentence at the end thereof: "However, the beneficiary is entitled 
to retain at least one-fifth of the net amount of the money or other 
property remaining after the expenses of a suit or settlement have 
been deducted, plus an amount equivalent to a reasonable attorney's 
fee proportionate to the refund to the United States." 
(62) Section 8133 is amended— 
(A) by inserting the following new sentence flush at the end 
of subsection (b) : "Notwithstanding paragraph (3) of this sub-
section, compensation payable to or for a child, a brother or 
sister, or a grandchild that would otherwise end because the 
child, brother or sister, or grandchild has reached 18 years of 
age shall continue if he is a student as defined by section 8101 
of this title at the time he reaches 18 years of age for so long 
^"fe, p. 209. 
as he continues to be such a student or until he marries."; and 
(B) by amending subsection (e) to read: 
"(e) In computing compensation under this section, the monthly 
pay is deemed not less than the minimum rate of basic pay for GS-2. 
However, the total monthly compensation may not exceed— 
" (1) the monthly pay computed under section 8114 of this title; 
so stat. 540. 
or 
"(2) 75 percent of the monthly pay of the maximum rate of 
basic pay for GS-15." 
(63) Section 8135 is amended— 
(A) by inserting the designation " ( a ) " before the word "The" 
at the beginning thereof; and 
(B) by inserting the following new subsection at the end 
thereof: 
seq 
212 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
"(b) On remarriage, a widow or widower entitled to compensation; 
80 Stat. 547. 
undBF SBction 8133 of this title, shall be paid a lump sum equal to 
twenty-four times the monthly compensation payment (excluding 
compensation on account of another individual) to which he was en-
titled immediately before the remarriage." 
(64) Section 8142(c) (3) is amended by striking out ", territories 
and possessions of the United States,'*. 
(65) Section 8143 is amended— 
(A) by amending subsection (a) (1) to read as follows: 
"(1) the monthly pay of an enrollee is deemed that received at 
the minimum rate for GS-2;''; 
(B) by amending subsection (a) (3) to read as follows: 
" (3) 'performance of duty' does not include an act of an enrollee 
while absent from his assigned post of duty, except while partici-
pating in an activity (including an activity while on pass or dur-
ing travel to or from the post of duty) authorized by or under the 
direction and supervision of the Job Corps."; and 
(C) by amending subsection (b) to read as follows: 
"(b) This subchapter applies to a volunteer in service to America 
80 Stat. 1473. 
duriug training under section 2991a(a) of title 42 and a volunteer in 
service to America assigned under section 2991a(a) (2) of title 42 to 
the same extent as enrollees of the Job Corps under subsection (a) of 
this section. However, for the purpose of the computation described 
in subsection (a) (1) of this section, the monthly pay of a volunteer 
is deemed that received at the minimum rate for GS-7." 
^°|*^*-53i. 
(66) (A) Chapter 81 is amended by inserting the following new 
section after section 8143: 
"§ 8143a. Members of the National Teacher Corps 
"Subject to the provisions of this section, this subchapter applies 
to a member of the National Teacher Corps. In administering this 
subchapter for a member covered by this section— 
"(1) 'performance of duty' does not include an act of a member 
while— 
"(A) on authorized leave; or 
"(B) absent from his assigned post of duty, except while 
participating in an activity authorized by or under the direc-
tion or supervision of the Commissioner of Education; and 
"(2) in computing compensation for disability or death, the 
monthly pay of a member is deemed his actual pay or that received 
at the minimum rate for GS-6, whichever is greater." 
(B) The analysis of chapter 81 is amended by inserting the follow-
ing new item after item 8143: 
"•8143a. Members of the National Teacher Corps." 
(67) (A) Chapter 81 is amended by inserting the following new 
section after section 8146: 
"§ 8146a. Cost-of-living adjustment of compensation 
" (a) Each month the Secretary of Labor shall determine the percent 
change in the price index. Effective the first day of the third month 
which begins after the price index change equals a rise of at least 3 
percent for 3 consecutive months over the price index for the latest base 
month, compensation payable on account of disability or death which 
occurred more than 1 year before that first day shall be increased by 
the percent rise in the price index (calculated on the highest level of the 
price index during the 3 consecutive months) adjusted to the nearest 
one-tenth of 1 percent. 
"(b) The monthly compensation after adjustment under this section 
shall be fixed at the nearest dollar. However, the monthly compensation 
after adjustment shall reflect an increase of at least $1." 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
213 
(B) The analysis of chapter 81 is amended by inserting the fol-
lowing new item after item 8146: 
"8146a. Ck>st-of-living adjustment of compensation." 
(68) Section 8147(a) is amended by inserting the following new 
^° ^*^*- ^''*-
sentence at the end thereof: "For the purpose of this subsection, 
'administrative expenses' does not include expenses for legal services 
performed by or for the Secretary under sections 8131 and 8132 of this 
title." 
(69) Chapter 81 is amended by striking out section 8148. 
Repeal. 
(70) The analysis of chapter 81 is amended by striking out the 
following item: 
"8148. Reports." 
(71) Section 8149 is amended— 
(A) by inserting before the period at the end of the first sen-
tence the following: "including rules and reflations for the 
conduct of hearings under section 8124 of this title"; and 
^"'^' p- 210. 
(B) by inserting the following new sentence at the end thereof: 
"In adjudicating claims under section 8146 of this title, the Sec-
retary may determine the nature and extent of the proof and 
evidence required to establish the right to benefits imder this 
subchapter without regard to the date of injury or death for 
which claim is made." 
(72) Section 8331 is amended— 
so st«t. 5 64. 
(A) by amending paragraph (1) (B) and (C) to read as 
follows: 
"(B) the Architect of the Capitol, an employee of the 
Architect of the Capitol, and an employee of the Botanic 
Garden; 
"(C) a congressional employee as defined by section 2107 
of this title (other than the Architect of the Capitol, an em- 
so stat. 409. 
ployee of the Architect of the Capitol, and an employee of 
the Botanic Garden), after he ^ives notice in writing to the 
official by whom he is paid of his desire to become subject to 
this subchapter;"; 
(B) by amending paragraph (1) (D) by striking out the 
words "come within the purview of" and inserting "become sub-
ject to" in place thereof; 
(C) by amending paragraph (2) by striking out the words 
"come within the purview of" and inserting "become subject to" 
in place thereof; 
(D) by amending paragraph (3) (B) (ii) by striking out the 
words "and 60e-ll" and inserting "eOe-ll, 60e-12, and 60e-13" 
in place thereof; 
(E) by amending paragraph (8) (C) by striking out the words 
"not within the purview of" and inserting "in which he does not 
continue subject to" in place thereof; 
(F) by amending paragraph (13) (C) by striking out the 
words "Coast and Geodetic Survey" and inserting "Environ-
mental Science Services Administration" in place thereof; 
(G) by striking out the word "and" after the semicolon at the 
end of paragraph (14); 
(H) bv amending paragraph (15) to read as follows: 
"(15) 'price index' means the Consumer Price Index (all 
"Price index." 
items—United States city average) published monthly by the 
Bureau of Labor Statistics; and"; and 
(I) by inserting the following new paragraph after para-
graph (15): 
80 Stat. 567. 
214 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
"Base month." 
"(16) 'base iiioiith' means the month for which the price index 
showed a percent rise forming the basis for a cost-of-living 
annuity increase." 
(73) Section 8332 is amended by inserting the following new sub-
section after subsection (j) : 
"(k) (1) An employee who enters on approved leave without pay to 
serve as a full-time officer or employee of an organization composed 
primarily of employees as defined by section 8331(1) of this title, 
within 60 days after entering on that leave without pay, may file with 
his employing agency an election to receive full retirement credit for 
his periods of that leave without pay and arrange to pay currently into 
the Fund, through his employing agency, amounts equal to the retire-
ment deductions and agency contributions that w^ould be applicable if 
he were in pay status. If the election and all payments provided by 
this paragraph are not made, the employee may not receive credit for 
the periods of leave without pay occurring after July 17, 1966, not-
withstanding the second sentence of subsection (f) of this section. 
For the purpose of the preceding sentence, 'employee' includes an em-
ployee who was on approved leave without pay and serving as a full-
time officer or employee of such an organization on July 18, 1966, and 
who filed a similar election before September 17, 1966. 
"(2) An employee may deposit with interest an amount equal to 
retirement deductions representing any period or periods of approved 
leave without pay while serving, before July 18, 1966, as a full-time 
officer or employee of an organization composed primarily of em-
ployees as defined by section 8331(1) of this title. An employee who 
makes the deposit shall be allowed full retirement credit for the period 
or periods of leave without pay. If the employee dies, a survivor as de-
fined by section 8331(10) of this title may make the deposit. If the 
deposit is not made in full, retirement credit shall be allowed in ac-
cordance with the second sentence of subsection (f) of this section." 
(74) Section 8334(g) is amended— 
(A) by striking out the w^ord "or" at the end of paragraph (2); 
(B) by striking out the period at the end of paragraph (3) and 
inserting "; or" in place thereof; and 
(C) by inserting the following new paragraph after paragraph 
"(4) service performed before January 1, 1950, by natives of 
the Pribilof Islands in the taking and curing of fur seal skins and 
other activities in connection with the administration of the 
Pribilof Islands." 
(75) Section 8336 (a) and (b) is amended to read as follows: 
" (a) An employee who is separated from the service after becoming 
55 years of age and completing 30 years of service is entitled to an 
annuity. 
"(b) An employee who is separated from the service after becoming 
60 years of age and completing 20 years of service is entitled to an 
annuity." 
(76) Section 8337(e) is amended by striking out the words "within 
the purview of" wherever they appear and inserting "in which he is 
subject to" in place thereof. 
(77) Section 8338(a) is amended by striking out the words "not 
within the purview of" and inserting "in w^hich he does not continue 
subject to" in place thereof. 
(78) Section 8339(g) is amended to read as follows: 
"(g) The annuity computed under subsections (a), (b), and (e) 
of this section for an employee retiring under section 8336(d) of 
this title is reduced by % of 1 percent for each full month the em-
ployee is under 55 years of age at the date of separation. The annuity 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
215 
computed under subsections (c) and (e) of this section for a Member 
retiring under the second or third sentence of section 8336(f) of 
this title or the third sentence of section 8338 (b) of this title is reduced 
by •^2 of 1 percent for each full month not in excess of 60 months, 
and l^ of 1 percent for each full month in excess of 60 months, the 
Member is under 60 years of age at the date of separation." 
(79) Section 8340 is amended to read as follows: 
so stat. sve. 
"§ 8340. Cost-of-living adjustment of annuities 
"(a) Effective December 1, 1965, each annuity payable from the 
Fund having a commencing date before December 2,1965, is increased 
" (1) the percent rise in the price index, adjusted to the nearest 
i/io of 1 percent, determined by the Civil Service Commission on 
the basis of the annual average price index for calendar year 1962 
and the price index for the base month of July 1965; plus 
" (2) 61/^ percent if the commencing date (or in the case of the 
survivor of a deceased annuitant the commencing date of the 
annuity of the retired employee) occurred before October 2,1956, 
or 11/^ percent if the commencing date (or in the case of the sur-
vivor of a deceased annuitant the commencing date of the annuity 
of the retired employee) occurred after October 1,1956. 
Each annuity payable from the Fund (other than the immediate 
annuity of an annuitant's survivor or of a child entitled under section 
8341(e) of this title) having a commencing date after December 1, 
^°®'' P- --le-
1965, but before January 1,1966, is increased from its commencing date 
as if the annuity commencing date were December 1, 1965. Each sur-
vivor annuity authorized by— 
" (A) section 8 of the Act of May 29,1930, as amended to July 6, 
1950; or 
6 2 stat. 52; 
"(B) section 2 of the Act of June 25,1958 (72 Stat. 219); 
is increased by any additional amount required to make the total in-
crease under this subsection equal to the smaller of 15 percent or $10 
a month. 
"(b) Each month the Commission shall determine the percent 
change in the price index. Effective the first day of the third month 
that begins after the price index change equals a rise of at least 3 
percent for 3 consecutive months over the price index for the base 
month, each annuity payable from the Fund having a commencing 
date not later than tnat effective date shall be increased by the percent 
rise in the price index (calculated on the highest level of the price 
index during the 3 consecutive months) adjusted to the nearest YIQ of 1 
percent. 
"(c) Eligibility for an annuity increase under this section is gov-
erned by the commencing date of each annuity payable from the Fund 
as of the effective date of an increase, except as follows: 
"(1) Effective from its commencing date, an annuity payable 
from the Fund to an annuitant's survivor (except a child entitled 
under section 8341(e) of this title), which annuity commences 
the day after the death of the annuitant and after the effective 
date of the first increase under this section, shall be increased by 
the total percent increase the annuitant was receiving under this 
section at death. However, the increase in a survivor annuity 
authorized by section 8 of the Act of May 29, 1930, as amended 
to July 6, 1950, shall be computed as if the annuity commencing 
date had been the effective date of the first increase under this 
section. 
"(2) For the purpose of computing an annuity that com-
mences after the effective date of the first increase under this 
section to a child under section 8341(e) of this title, the items 
64 Stat. 320. 
74 Stat. 359. 
216 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
'"''^- 
$600, $720, $1^800, and $2,160 appearing in section 8341 (e) of this 
title shall be increased by the total percent increases allowed and 
in force under this section for employee annuities that commenced 
after October 1, 1956, and, in case of a deceased annuitant, the 
items 40 percent and 50 percent appearing in section 8341 (e) of 
this title shall be increased by the total percent increase allowed 
and in force under this section to the annuitant at death. 
"(d) This section does not authorize an increase in an additional 
annuity purchased at retirement by voluntary contributions. 
"(e) The monthly installment of annuity after adjustment under 
this section shall be fixed at the nearest dollar. However, the monthly 
installment shall after adjustment reflect an increase of at least $1. 
"(f) Effective September 1, 1966, or on the commencing date of 
annuity, whichever is later, the annuity of each surviving spouse whose 
entitlement to annuity payable from the Fund resulted from the death 
of— 
"(1) an employee or Member before October 11, 1962; or 
"(2) a retired employee or Member whose retirement was based 
on a separation from service before October 11, 1962; 
is increased by 10 percent." 
80 Stat. 577. 
(gQ^ Sectiou 8341 is amended— 
(A) by amending subsection (a) (4) by striking out the words 
"received more than half his support from and"; and by striking 
out the words "21 years", "21st birthday", and "4 months" wher-
ever they occur and inserting in place thereof the words "22 years," 
"22nd birthday", and "5 months", respectively; 
(B) by amending subsection (b) by striking out the last sen-
tence and inserting the following new sentence in place thereof: 
"This annuity and the right thereto terminate on the last day 
of the month before— 
"(1) the spouse of a retired employee dies, or remarries before 
becoming 60 years of age; or 
" (2) the spouse of a retired Member dies or remarries."; 
(C) by amending subsection (d) by striking out the last sen-
tence and inserting the following new sentence in place thereof: 
"This annuity and the right thereto terminate on the last day of 
the month before— 
" (1) the widow or dependent widower dies; 
"^2) the depehdent widower becomes capable of self-support; 
" (3) the widow or dependent widower of an employee remarries 
before becoming 60 years of age; or 
" (4) the widow or dependent widower of a Member remarries."; 
(D) by amending subsection (e) to read as follows: 
"(e) (1) If an employee or Member dies after completing at least 5 
years of civilian service, or an employee or Member dies after retiring 
under this subchapter, and is survived by a spouse, each surviving child 
is entitled to an annuity equal to the smallest of— 
"(A) 40 percent of the average pay of the employee or Member 
divided by the number of children; 
"(B) $600; or ' 
" (C) $1,800 divided by the number of children; 
Ante, p. 215. 
subject to section 8340 of this title. If the emploj^ee or Member is 
not survived by a spouse, each surviving child is entitled to an 
annuity equal to the smallest of— 
"(i) 50 percent of the average pay of the employee or 
Member divided by the number or children; 
"(ii) $720; or 
" (iii) $2,160 divided by the number of children; 
subject to section 8340 of this title. 
Ante, p. 216. 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
217 
" (2) The annuity of a child under this subchapter or under the Act 
of May 29, 1930, as amended from and after February 28, 1948, com- 62'^stat^48*^^' 
mences on the day after the employee or Member dies, or commences 
or resumes on the first day of the month in which the child later becomes 
or again becomes a student as described by subsection (a) (4) of this 
section, if any lump sum paid is returned to the Fund. This annuity 
and the right thereto terminate on the last day of the month before 
the child— 
"(A) becomes 18 years of age unless he is then a student as 
described or incapable of self-support; 
"(B) becomes capable of self-support after becoming 18 years 
of age unless he is then such a student; 
"(C) becomes 22 years of age if he is then such a student and 
capable of self-support; 
"(D) ceases to be such a student after becoming 18 years of 
age unless he is then incapable of self-support; or 
"(E) dies or marries; 
whichever first occurs. On the death of the surviving spouse or termi-
nation of the annuity of a child, the annuity of any other child or 
children shall be recomputed and paid as though the spouse or child 
had not survived the employee or Member."; and 
(E) by inserting the following new subsection after subsec-
tion (f): 
"(g) In the case of a surviving spouse whose annuity under this 
section is terminated after July 18,1966, because of remarriage before 
becoming 60 years of age, annuity at the same rate shall be restored 
commencing on the day the remarriage is dissolved by death, annul-
ment, or divorce, if— 
" (1) the surviving spouse elects to receive this annuity instead 
of a survivor benefit to which he may be entitled, under this sub-
chapter or another retirement system for Government employees, 
by reason of the remarriage; and 
"(2) any lump sum paid on termination of the annuity is 
returned to the Fund." 
(81) Section 8342 is amended— 
so stat. 579. 
(A) by amending subsejCtion (a) by striking out the words 
"not within the purview of" afl|i inserting "in which he does not 
continue subject to" in place thereof; 
(B) by amending the first order of precedence in subsection (c) 
to read as follows: 
"First, to the beneficiary or beneficiaries designated by the 
employee or Member in a signed and witnessed writing received in 
the Commission before his death. For this purpose, a designation, 
change, or cancellation of beneficiary in a will or other document 
not so executed and filed has no force or effect."; and 
(C) by inserting at the end of subsection (c) the following new 
flush sentence: "For the purpose of this subsection, 'child' includes 
a natural child and an adopted child, but does not include a 
stepchild." 
(82) Section 8343(a) (1) is amended by striking out the words "not 
within the purview of" and inserting "in which he does not continue 
subject to" m place thereof. 
(83) Section 8344 is amended— 
(A) by amending the third sentence of subsection (a) by insert-
ing the words ", except for lump-sum leave payment purposes 
under section 5551 of this title" after the word "pay"; 
^° ^*°*- '*ss-
(B) by amending the penultimate sentence in subsection (a) to 
read as follows: "Notwithstanding the restrictions contained in 
section 115 of the Social Security Amendments of 1954 (68 Stat. 
42 use 410 
note. 
80 Stat. 583. 
Ante, 
p. 215. 
218 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
1087), a similar right to redetermination after deposit is appli-
cable to an annuitant— 
"(i) whose annuity is based on an involuntary separation 
from the service; and 
" (ii) who is separated after July 11,1960, following such a 
period of employment on a full-time basis that began before 
October 1, 1956."; 
(C) by amending subsection (b) (1) by striking out the words 
"within the purview of" and inserting "subject to" in place 
thereof; and 
(D) by amending subsection (b) (2) (C) by inserting the words 
", except for lump-sum leave payment purposes under section 
5551 of this title" after the word "pay". 
(84) Section 8347 is amended by inserting the following new sub-
section after subsection (k) thereof: 
"(1) The Director or Acting Director of the Botanic Garden may 
exclude from the operation of this subchapter an employee under the 
Botanic Garden whose employment is temporary or of uncertain 
duration." 
(85) Section 8348 is amended— 
(A) by amending subsection (a) to read as follows: 
" (a) There is a Civil Service Retirement and Disability Fund. The 
Fund is appropriated for payment of— 
"(1) benefits as provided by this subchapter; and 
"(2) administrative expenses incurred by the Civil Service 
Commission in placing in effect each annuity adjustment granted 
under section 8340 of this title."; and 
(B) by amending subsection (f) by striking out the words 
"Civil Service Commission" and inserting "Commission" in place 
thereof. 
(86) Section 8502 is amended— 
(A) by striking out "Except as provided by subsection (c) of 
this section, the" in subsection (b) and inserting "The" in place 
thereof; and 
(B) by striking out subsection (c). 
(87) Section 8503 is amended— 
(A) by striking out the last sentence in subsection (a); and 
(B) by amending subsection (b) to read: 
" (b) In the case of a Federal employee whose Federal service and 
Federal wages are assigned under section 8504 of this title to the Virgin 
Islands, the Secretary, under regulations prescribed by him and on 
the filing of a claim for compensation under this subsection by the 
Federal employee, shall pay the compensation to him in the same 
amounts, on the same terms, and subject to the same conditions as 
would be paid to him under the unemployment compensation law of 
the District of Columbia if his Federal service and Federal wages had 
been included as employment and wages under that law. However, if 
the Federal employee, without regard to his Federal service and Fed-
eral wages, has employment or wages sufficient to qualify for compen-
sation during the benefit year under that law, then payments of com-
pensation under this subsection may be made only on the basis of his 
Federal service and Federal wages." 
(88) Section 8504 is amended— 
(A) by amending paragraph (3) to read: 
" (3) if his first daim is filed while he is residing in the Virgin 
Islands, his Federal service and Federal wages shall be assigned 
to the Virgin Islands."; and 
(B) by striking out the last sentence. 
(891 Section 8521(al is amended— 
81 STAT.] 
PUBLIC LAW 9 0 - 8 3 - S E P T . 11, 1967 
219 
(1) by striking out "and" after the semicolon at the end of 
paragraph (1) (^B) (ii); 
(2) by striking out the period at the end of paragraph (2) 
and inserting "; and" in place thereof; and 
(3) by inserting the following new paragraph after paragraph 
(2): 
" (3) 'State' means the several States, the District of Columbia, 
and the Commonwealth of Puerto Rico." 
(90) Section 8525 is amended by striking out subsection (a) thereof, 
^o ^*^*- ^Qi. 
(91) Section 8705 is amended— 
(A) by amending the first order of precedence in subsection 
(a) to read as follows: 
"First, to the beneficiary or beneficiaries designated by the 
employee in a signed and witnessed writing received before death 
in the employing office or, if insured because of receipt of annuity 
or of benefits under subchapter I of chapter 81 of this title as 
provided by section 8706 (b) or (c) of this title, in the Civil 
Service Commission. For this purpose, a designation, change, 
or cancellation of beneficiary in a will or other document not so 
executed and filed has no force or effect."; and 
(B) by striking out "Civil Service" in subsection (c). 
(92) Section 8706 is amended by inserting the following new sub-
section after subsection (d) : 
"(e) Notwithstanding subsections (a)-(c) of this section, an em-
ployee who enters on approved leave without pay to serve as a full-
time officer or employee of an organization composed primarily of 
employees as defined by section 8701(a) of this title, within 60 dajrs 
after entering on that leave without pay, may elect to continue his 
insurance and arrange to pay currently into the Employees' Life In-
surance Fund, through his employing agency, both employee and 
agency contributions from the beginning of leave without pay. The 
employing agency shall forward the premium payments to the Fund. 
If the employee does not so elect, his insurance will continue during 
nonpay status and stop as provided by subsection (a) of this section. 
(93) Section 8713 is amended— 
(A) by amending the catchline to read: 
**§8713. Advisory committee'*; 
(B) by striking out subsection (a); and 
(C) by striking out "The Chairman of the Commission" in 
subsection (b) and inserting in place thereof "The Chairman of 
the Civil Service Commission". 
(94) The analysis of chapter 87 is amended by striking out the 
following item: 
"8713. Advisors." 
and inserting the following item in place thereof: 
"8713. Advisory committee." 
(95) Section 8901(5) is amended by striking out the figure "21" 
wherever it appears and inserting the figure "22" in place thereof. 
(96) Section 8906 is amended— 
(A) by amending subsection (a) to read as follows: 
"(a) Except as provided by subsection (b) of this section, the 
biweekly Government contribution for health benefits for an employee 
or annuitant enrolled in a health benefits plan under this chapter, in 
addition to the contribution required by subsection (c) of this section, 
is $1.62 if the enrollment is for self alone or $3.94 if the enrollment is 
for self and family."; 
(B) by striking out the words "described bj'^ section 8903 (3) 
or (4) of this title" in subsection (b); 
220 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
(C) by inserting "(1)" immediately after "(e)" in subsection 
(e); and 
(D) by inserting the following new paragraph after subsection 
le) : 
"(2) An employee who enters on approved leave without pay to 
serve as a full-time officer or employee of an organization composed 
80 Stat. 600. 
primarily of employees as defined by section 8901 of this title, within 
60 days after entering on that leave without pay, may file with his 
employing agency an election to continue his health benefits enrollment 
and arrange to pay currently into the Employees Health Benefits Fund, 
through his employing agency, both employee and agency contributions 
from the beginning of leave without pay. The employing agency shall 
forward the enrollment charges so paid to the Fund. If the employee 
does not so elect, his enrollment will continue during nonpay status 
and fend as provided by paragraph (1) of this subsection and imple-
menting regulations." 
(97) Section 5341(a) is amended by inserting the following new 
71 Stat. 514. 
sentence at the end thereof: "Subject to section 213 (f) of title 297the 
rates may not be less than the appropriate rates provided for by see-
so Stat. 838. 
tion 206(a) (1) of title 29." 
80 Stat. 394. 
(Qg) Sectiou 902 IS amended— 
(A) by striking out paragraph (1) (B) and (C) and insert-
ing in place thereof: 
"(B) an office or officer in the executive branch; and 
"(C) any and all parts of the government of the District of 
Columbia other than the courts thereof;"; 
(B) by striking out the word "and" at the end of paragraph 
(C) by striking out the period at the end of paragraph (2) 
and inserting " j and" in place thereof; and 
(D) by inserting the following new paragraph after paragraph 
(2): 
, 
, 
"(3) 'officer' is not limited by section 2104 of this title." 
(99) Section 903(a)(5) is amended by striking out "in the civil 
service or uniformed services". 
(100) Section 8113(b) is amended by striking out "shall" and 
inserting "may" in place thereof. 
SEC. 2. The typographical error in paragraph (7) of section 14d, 
headed "Sections of title 14, United States Code", as amended (80 
Stat. 1124), is corrected by striking out "Section 471 (a) and (b)" and 
68 Stat. 1238. 
inserting "Section 461 (a) and ( D ) " in place thereof. 
SEC. 3. Title 10, tJnited States Code, is amended as follows: 
70A Stat. 14. 
^ J ^ jj^ section 280, strike out "6150,". 
fo^slat. 1016. 
(2) Chapter 80 is repealed. In the analysis of part I I of Subtitle A, 
1
0 use 1571- 
strike out the item relating to chapter 80. 
^^Vstat 325 
(^) ^^ section 1586(g)(2), strike out "compensation schedule for 
the General Schedule oi the Classification Act of 1949, as amended," 
and insert "General Schedule as prescribed in section 5104 of title 5" 
in place thereof. 
78 Stat. 1063. 
^4) jji subsectious (c) and (d) of section 2031, strike out the words 
"noncommissioned and commissioned officers" wherever they appear 
and insert "officers and noncommissioned officers" in place thereof. 
(5) In the analysis of chapter 559, strike out item 6112. 
(6) In section 8851(a), insert "whose name is not on a recom-
mended list for promotion to the reserve grade of brigadier general" 
after "in the reserve grade of colonel". 
SEC. 4. Section 107(c) of title 32, United States Code, is amended by 
striking out "251 and 252" and inserting "402 and 403" in place thereof. 
SEC. 5. Title 37, United States Code, is amended as follows: 
76 Stat. 502. 
72 Stat. 1537. 
70A Stat. 600. 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
221 
76 Stat. 477. 
37 u s e 415. 
^1) In section 415(d) (3), strike out "is". 
(2) In section 554(a), strike out "when it is located outside the 
so stat, 6:27. 
United States, or in Alaska or Hawaii". 
(3) In section 1007(b), strike out the second sentence. 
'^ ^*°*- '^^^^ 
SEC. 6. (a) The Secretary of Labor shall act on any application for 
AmedForces. 
an Exemplary Rehabilitation Certificate received under this section habm^uon cerl 
from any person who was discharged or dismissed under conditions tmcates, issuance 
other than honorable, or who received a general discharge, at least nrembe^s" °'™*' 
three years before the date of receipt of such application. 
(b) In the case of any person discharged or dismissed from an 
armed force under conditions other than honorable before or after the 
enactment of this section, the Secretary of Labor may consider an ap-
plication for, and issue to that person, an Exemplary Rehabilitation 
Certificate dated as of the date of issuance, if it is established to his 
satisfaction that such person has rehabilitated himself, that his char-
acter is good, and that his conduct, activities, and habits since he was 
so discharged or dismissed have been exemplary for a reasonable 
period of time, but not less than three years. The Secretary of Labor 
shall supply to the Secretary of Defense a copy of each Exemplary 
Rehabilitation Certificate which is issued, and the Secretary of De-
fense shall place it in the military personnel record of the individual 
to whom the certificate is issued. 
(c) For the purposes of subsection (b), oral and written evidence, 
or both, may be used, including— 
(1) a notarized statement from the chief law enforcement officer 
of the town, city, or county in which the applicant resides, attest-
ing to his general reputation so far as police and court records are 
concerned; 
(2) a notarized statement from his employer, if employed, giv-
ing the employer's address, and attesting to the applicant's gen-
eral reputation and employment record; 
(3) notarized statements from not less than five persons, at-
testing that they have personally known him for at least three 
years as a person of good reputation and exemplary conduct, and 
the extent of personal contact they have had with him; and 
(4) such independent investigations as the Secretary of Labor 
may make. 
Any person making application under this section may appear in 
person or by counsel before the Secretary of Labor. 
(d) No benefits under any laws of the United States (including 
but not limited to those relating to pensions, compensation, hospi-
talization, military pay and allowances, education, loan guarantees, 
retired pay, or other benefits based on military service) shall accrue 
to any person to whom an Exemplary Rehabilitation Certificate is 
issued under subsection (b) unless he would be entitled to those bene-
fits under his original discharge or dismissal. 
(e) The Secretary of Labor shall require that the national system 
of public employment offices established under the Act of June 6, 
1933, chapter 49, as amended (29 U.S.C. 49 et seq.), accord to any 
48 stat. 113. 
person who has been discharged or dismissed under conditions other 
than honorable but who has been issued an Exemplary Rehabilitation 
Certificate special counseling and job development assistance. 
(f) The Secretary of Labor shall report to Congress not later than pjf„^^°^^*° 
January 15 of each year the number of cases reviewed by him under 
this section and the number of Exemplary Rehabilitation Certifi-
cates issued. 
(g) In carrying out the provisions of this section the Secretary 
of Labor is authorized to (1) issue regulations; (2) delegate his 
Congress. 
222 
PUBLIC LAW 90-83-SEPT. 11, 1967 
[81 STAT. 
80 Stat. 532. 
71 Stat. 391. 
80 Stat. 841. 
71 Stat. 514. 
29 u s e 213. 
80 Stat. 445. 
80 Stat. 838. 
29 use 206. 
80 Stat. 841. 
29 use 207. 
Severability 
provision. 
Effective dates. 
authority; (3) utilize the services of the Civil Service Commission 
for making such investigations as may be mutually agreeable. 
SEC. 7. Nothing in this or any other Act makes the increases 
authorized by section 1 (49)-(52), (53) (B) and (C), (54)-(58), 
(60), (61), (62) (B), (63), (67), (68), and (71) of this Act appli-
cable to— 
(1) an employee or individual not within the deiSnition of 
"employee" in section 8101(1) (A), (B), or (D) of title 5, 
United States Code; 
(2) a member of the Metropolitan Police or the Fire Depart-
ment of the District of Columbia who is pensioned or pensionable 
under sections 521-535 of title 4, District of Columbia Code; or 
(3) a member of a uniformed service. 
SEC. 8. Section 18(b) of the Fair Labor Standards Act (29 U.S.C. 
218 (b)) is amended to read: 
"^b) Notwithstanding any other provision of this Act (other than 
section 13(f)) or any other law— 
"(1) any Federal employee in the Canal Zone engaged in 
employment of the kind described in section 5102(c) (7) of title 
5, United States Code, or 
"(2) any employee employed in a nonappropriated fund in-
strumentality under the jurisdiction of the Armed Forces, 
shall have his basic comj>ensation fixed or adjusted at a wage rate 
that is not less than the appropriate wage rate provided for in section 
6 (a) (1) of this Act (except that the wage rate provided for in section 
6(b) shall apply to any employee who performed services during the 
workweek in a work place within the Canal Zone), and shall have his 
overtime compensation set at an hourly rate not less than the over-
time rate provided for in section 7(a) (1) of this Act." 
SEC. 9. (a) The legislative purpose in enacting sections 1-8 of this 
Act is to restate, without substantive change, the laws replaced by 
those sections on the effective date of this Act. Laws effective after 
February 21, 1967, that are inconsistent with this Act are considered 
as superseding it to the extent of the inconsistency. 
(b) A reference to a law replaced by sections 1-8 of this Act, 
including a reference in a regulation, order, or other law, is deemed 
to refer to the corresponding provision enacted by this Act. 
(c) An order, rule, or regulation in effect under a law replaced 
by sections 1-8 of this Act continues in effect under the corresponding 
provision enacted bv this Act until repealed, amended, or superseded. 
(d) An action taken or an offense committed under a law replaced 
by sections 1-8 of this Act is deemed to have been taken or committed 
under the corresponding provision enacted b;^ this Act. 
(e) An inference of a legislative construction is not to be drawn 
by reason of the location in the United States Code of a provision 
enacted by this Act or by reason of the caption or catchline thereof. 
(f) The enactment of this Act does not increase or decrease the 
pay, allowances, compensation, or annuity of any person. 
(g) If a provision enacted by this Act is held invalid, all valid 
provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in one or more of 
its applications, the provision remains in effect in all valid applica-
tions that are severable from the invalid application or applications. 
(h) Section 1(3), (10), (11), (12), (22), (23), (83) (A) and (D), 
(89), (98), (99), and (100) of this Act is effective as of September 
6, 1966, for all purposes. 
(i) Section 2 of this Act is effective as of November 2,1966, for all 
purposes. 
81 STAT.] 
PUBLIC LAW 90-83-SEPT. 11, 1967 
223 
SEC. 10. (a) The right to a deferred annuity on satisfaction of the 
conditions attached thereto is continued notwithstanding the repeal by 
this Act of the law conferring the right. 
(b) The laws specified in the following schedule are repealed except 
with respect to rights and duties that matured, penalties that were in-
curred, and proceedings that were begun, before the effective date of 
this Act and except as provided by section 9 of this Act: 
Repeals. 
STATUTES AT LARGE 
Date 
Chapter 
Section 
Statutes at Large 
Volume 
1877 
Feb. 27 
1884 
July 
5 
1887 
Jan. 
3 
1890 
July 26 
1805 
Mar. 2 
Apr. 21 
1913 
Oct. 22 
1917 
Feb. 26 
1928 
May 22 
1938 
Apr. 5 
221 
12 
721 
186 
184 
32 
125 
684 
73 
1 (11th full paragraph on p. 251) 
1 
—-
(Last paragraph) 
1 (last 2 paragraphs on p. 223).. 
251 
118 
354 
292 
843 
360 
223 
942 
710 
200 
Date 
PubUc 
Law 
Section 
Statutes at Large 
Volume 
Page 
1958 
June 20 
1960 
Sept. 8 
Sept. 13 
1962 
Oct. 11 
Do— 
1964 
Aug. 14 
Aug. 19 
Sept. 3 
1965 
Aug. 9 
Aug. 26 
Sept. 9 
Do.. 
Do--_ 
Do. . 
Sept. 27 
Sept. 29 
Do. 
Oct. 
2 
Oct. 
9 
Oct. 19 
Do. -
Oct. 29 
Nov. 1 
Nov. 8 
Do... 
Do... 
85-462 
86-722 
86-778 
87-793 
87-793 
88-426 
88-448 
89-115 
89-136 
89-174 
89-174 
89-174 
89-174 
89-205 
89-209 
89-209 
89-234 
89-253 
89-261 
89-271 
89-301 
89-314 
89-329 
8»-332 
89-348 
(6th paragraph on p. 828). 
542(a) 
602(C). 
1007... 
125. — 
205 
6(c) (3d through 13th words). 
72 
213 
4(b)-(d) 
601 (b), (c) 
3(a) (last sentence) 
4 (a) (words between 4th and 9th commas in 1st sentence), 
(b) (last 29 words). 
5(b) (as applicable to sec. 303(e) (94) of the Federal Exec-
utive Salary Act of 1964). 
6(b) 
5(d)(1) (2d sentence). 
7(b)(1) (2d sentence). 
1(b) (last sentence).-. 
6 
1-3, 9,11(d), 13,15(b)-(d), 16-18. 
515(b). 
1(16)-" 
74 
74 
76 
76 
78 
78 
78 
79 
7
9 
79 
7
9 
7
9 
7
9 
7
9 
7
9 
79 
79 
7
9 
7
9 
7
9 
79 
79 
79 
79 
7
9 
828 
985 
846 
868 
412 
488 
906 
4
4
9 
569, 
570 
667 
6
6
8 
6
6
9 
6
6
9 
840 
847 
850 
903 
973 
987 
992 
1111, 1112, 
1118-1120, 
1122-1124 
1162 
1267 
1281 
1311 
85-622 0-68—17 
224 
PUBLIC LAW 90-84-SEPT. 11, 1967 
STATUTES AT LAEQE-Contlnuod 
[81 STAT. 
Date 
1966 
Feb. 19 
Mar. 3 
Mar. 23 
Mar. 30 
Do— 
Mar. 31 
Apr. 26 
June 9 
June 29 
July 
4 
July 
5 
July 18 
Do—. 
Do.— 
D o . - . 
Do—. 
D o . - . 
July 19 
July 21 
Sept. 9 
D o -
Sept. 26 
Oct. 15 
D o — 
Do—. 
Nov. 2 
Do—. 
Nov. 8 
Do—. 
PubUc 
Law 
89-365 
89-368 
89-373 
89-378 
89-380 
89-383 
89-407 
89-444 
89-478 
89-488 
89-492 
89-604 
89-604 
89-504 
89-604 
89-604 
89-604 
89-612 
89-616 
89-663 
89-664 
89-664 
89-604 
89-670 
89-670 
89-673 
89-702 
89-737 
89-794 
89-794 
Section 
3(a) (1st sentence, less 1st 20 words) 
11 
4IIII-I--I---IIZII------------I----I 
irs^K----------iiiiii-iiiiiiii-iii-i-iiiii 
1,101-103,108 (b)-(d), 109 
302(d) 
404 (a)-(c), 405-408, 410_ 
501-509 
601-603-
701 
115 (words after 2d comma in 2d sentence) 
201 (words after 2d comma in 2d sentence) 
205 
3(0(1) (tet 15 words In 2d sentence) 
3(0(2) (last 15 words in 2d sentence) 
1,2 (less appUcabllity to § 6), 3-5, 7,8 (1) and (2) 
208(c) 
2-4 
109.- 
— 
-
801 "Sec. 804(b) (as applicable to § 106(c) of the Economic 
Opportunity Act of 1964)." 
Statutes at Large 
6 
28 
78 
93 
94 
98 
131 
198 
231 
252 
262 
288,289,293 
296 
297-300 
300-303 
303 
303 
318 
323 
727 
736 
736 
846 
932 
932 
962 
1096 
1164 
1463 
1474 
(c) The provisions of the reorganization plans specified in the 
following schedule have no further effect. 
REORGANIZATION PLANS 
Year 
Plan No. 
1953 
1966 
1966 
1965 
1965 
1966 
1 
2 
4 
4 
4 
2 
Section 
3— 
-
4(a) (2d sentence, less 1st 18 words) 
11 (a), (e) (as applicable to (a)) 
12 (as applicable to § 11(a)) 
13 (as applicable to 111(a)) 
2 (last 20 words) 
Statutes at Large 
Volume 
Page 
631 
1318 
1322 
1322 
1322 
1609 
Approved September 11, 1967. 
Public Law 90-84 
•sr 
September 11, 1967 
AN A C T 
[S. 1633] 
x^ amend the Act of June 12, 1960, relating to the Potomac interceptor sewer, 
to increase the amount of the Federal contribution to the cost of that sewer. 
D.C. 
Potomac inter-
ceptor sewer. 
Federal contri-
bution, increase. 
74 Stat. 210. 
Be it enacted hy tM Seimte and House of Representatives 
of the 
United States of Aimrica in Congress assembled, That subsection (b) 
of section 2 of the Act of June 12, 1960 (D.C. Code, sec. 43-1621), is 
amended by inserting immediately after the first sentence the fol-
lowing : "In the event any agency or local authority shall make lump 
sum payment of its entire portion of the cost, or one or more lump 
sum payments of the whole or any part of the remainder thereof, of 
all planning and construction (including acquisition of rights-of-way) 
of the interceptor, the agreement between the Commissioners and such 
agency or local authority shall provide or shall be modified to provide, 
as the case may be, that the charges to such local authority or agency 
for the use of the Potomac interceptor shall take into consideration