Federal Employees Health Benefits Amendments Act of 1988
PL 100-654 (H.R.5102), enacted 11/14/1988

PUBLIC LAW 100-654—NOV. 14, 1988 
102 STAT. 3837 
Public Law 100-654 
100th Congress 
An Act 
To amend the provisions of title 5, United States Code, relating to the health benefits 
program for Federal employees and certain other individuals. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Federal Employees Health Benefits 
Amendments Act of 1988". 
TITLE I—PROVISIONS RELATING TO 
HEALTH CARE PROVIDERS 
Nov. 14, 1988 
[H.R. 5102] 
Federal 
Employees 
Health Benefits 
Amendments 
Act of 1988. 
5 u s e 8901 note. 
SEC. 
1
0
1
. 
AUTHORITY 
TO 
IMPOSE 
DEBARMENT 
AND 
OTHER 
SANCTIONS. 
(a) IN GENERAL.—Title 5, United States Code, is amended by 
inserting after section 8902 the following: 
"§ 8902a. Debarment and other sanctions 
"(aXD For the purpose of this section— 
"(A) the term 'provider of health care services or supplies* or 
'provider' means a physician, hospital, or other individual or 
entity which furnishes health care services or supplies; 
"(B) the term 'individual covered under this chapter' or 'cov-
ered individual' means an employee, annuitant, family member, 
or former spouse covered by a health benefits plan described by 
section 8903 or 8903a; and 
"(C) an individual or entity shall be considered to have been 
'convicted' of a criminal offense if— 
"(i) a judgment of conviction for such offense has been 
entered against the individual or entity by a Federal, State, 
or local court; 
"(ii) there has been a finding of guilt against the individ-
ual or entity by a Federal, State, or local court with respect 
to such offense; 
"(iii) a plea of guilty or nolo contendere by the individual 
or entity has been accepted by a Federal, State, or local 
court with respect to such offense; or 
"(iv) in the case of an individual, the individual has 
entered a first offender or other program pursuant to 
which a judgment of conviction for such offense has been 
withheld; 
without regard to the pendency or outcome of any appeal (other 
than a judgment of acquittal based on innocence) or request for 
relief on behalf of the individual or entity. 
"(2XA) Notwithstanding section 8902(j) or any other provision of 
this chapter, if, under subsection (b) or (c), a provider is barred from 
participating in the program under this chapter, no payment may be 
102 STAT. 3838 
PUBLIC LAW 100-654—NOV. 14, 1988 
Contracts. 
Fraud. 
Drugs and 
drug abuse. 
Claims. 
made by a carrier pursuant to any contract under this chapter 
(either to such provider or by reimbursement) for any service or 
supply furnished by such provider during the period of the 
debarment. 
"(B) Each contract under this chapter shall contain such provi-
sions as may be necessary to carry out subparagraph (A) and the 
other provisions of this section. 
"(b) The Office of Personnel Management may bar the following 
providers of health care services or supplies from participating in 
the program under this chapter: 
"(1) Any provider that has been convicted, under Federal or 
State law, of a criminal offense relating to fraud, corruption, 
breach of fiduciary responsibility, or other financial misconduct 
in connection with the delivery of a health care service or 
supply. 
"(2) Any provider that has been convicted, under Federal or 
State law, of a criminal offense relating to neglect or abuse of 
patients in connection with the delivery of a health care service 
or supply. 
"(3) Any provider that has been convicted, under Federal or 
State law, in connection with the interference with or obstruc-
tion of an investigation or prosecution of a criminal offense 
described in paragraph (1) or (2). 
"(4) Any provider that has been convicted, under Federal or 
State law, of a criminal offense relating to the unlawful manu-
facture, distribution, prescription, or dispensing of a controlled 
substance. 
"(5) Any provider— 
"(A) whose license to provide health care services or 
supplies has been revoked, suspended, restricted, or not 
renewed, by a State licensing authority for reasons relating 
to the provider's professional competence, professional 
performance, or financial integrity; or 
"(B) that surrendered such a license while a formal dis-
ciplinary proceeding was pending before such an authority, 
if the proceeding concerned the provider's professional com-
petence, professional performance, or financial integrity. 
"(c) Whenever the Office determines— 
"(1) in connection with a claim presented under this chapter, 
that a provider of health care services or supplies— 
(A) has charged for health care services or supplies that 
the provider knows or should have known were not pro-
vided as claimed; or 
"(B) h£is charged for health care services or supplies in an 
amount substantially in excess of such provider's cus-
tomary charges for such services or supplies, or charged for 
health care services or supplies which are substantially in 
excess of the needs of the covered individual or which are of 
a quality that fails to meet professionally recognized stand-
ards for such services or supplies; 
"(2) that a provider of health care services or supplies has 
knowingly made, or caused to be made, any false statement or 
misrepresentation of a material fact which is reflected in a 
claim presented under this chapter; or 
"(3) that a provider of health care services or supplies has 
knowingly failed to provide any information required by a 
carrier or by the Office to determine whether a payment or 
PUBLIC LAW 100-654—NOV. 14, 1988 
102 STAT. 3839 
reimbursement is payable under this chapter or the amount of 
any such payment or reimbursement; 
the Office may, in addition to any other penalties that may be 
prescribed by law, and after consultation with the Attorney Gen-
eral, impose a civil monetary penalty of not more than $10,000 for 
any item or service involved. In addition, such a provider shall be 
subject to an assessment of not more than twice the amount claimed 
for each such item or service. In addition, the Office may make a 
determination in the same proceeding to bar such provider from 
participating in the program under this chapter. 
"(d) The Office— 
"(1) may not initiate any debarment proceeding against a 
provider, based on such provider's having been convicted of a 
criminal offense, later than 6 years after the date on which such 
provider is so convicted; and 
"(2) may not initiate any action relating to a civil penalty. Claims. 
assessment, or debarment under this section, in connection with 
any claim, later than 6 years after the date the claim is pre-
sented, as determined under regulations prescribed by the 
Office. 
"(e) In making a determination relating to the appropriateness of Claims. 
imposing or the period of any debarment under this section, or the 
appropriateness of imposing or the amount of any civil penalty or 
assessment under this section, the Office shall take into account— 
"(1) the nature of any claims involved and the circumstances 
under which they were presented; 
"(2) the degree of culpability, history of prior offenses or 
improper conduct of the provider involved; and 
"(3) such other matters £is justice may require. 
"(fKl) The debarment of a provider under suteection (b) or (c) shall 
be effective at such time and upon such reasonable notice to such 
provider, and to carriers and covered individuals, as may be speci-
fied in regulations prescribed by the Office. 
"(2XA) Except as provided in subparagraph (B), a debarment shall 
be effective with respect to any health care services or supplies 
furnished by a provider on or after the effective date of such 
provider's debarment. 
"(B) A debarment shall not apply with respect to inpatient institu-
tional services furnished to an individual who was admitted to the 
institution before the date the debarment would otherwise become 
effective until the passage of 30 days after such date, unless the 
Office determines that the health or safety of the individual receiv-
ing those services warrants that a shorter period, or that no such 
period, be afforded. 
"(3) Any notice referred to in paragraph (1) shall specify the date 
as of which debarment becomes effective and the minimum period of 
time for which such debarment is to remain effective. 
"(4XA) A provider barred from participating in the program under 
this chapter may, after the expiration of the minimum period of 
debarment referred to in paragraph (3), apply to the Office, in such 
manner as the Office may by regulation prescribe, for termination 
of the debarment. 
"(B) The Office may— 
"(i) terminate the debarment of a provider, pursuant to an 
application filed by such provider after the end of the minimum 
debarment period, if the Office determines, based on the con-
duct of the applicant, that— 
102 STAT. 3840 
PUBLIC LAW 100-654—NOV. 14, 1988 
"(I) there is no basis under subsection O
b
) or (c) for 
continuing the debarment; and 
"(II) there are reasonable assurances that the types of 
actions which formed the basis for the original debarment 
have not recurred and will not recur; or 
"(ii) notwithstanding any provision of subparagraph (A), 
terminate the debarment of a provider, pursuant to an applica-
tion filed by such provider before the end of the minimum 
debarment period, if the Office determines that— 
"(I) based on the conduct of the applicant, the require-
ments of subclauses (I) and (II) of clause (i) have been met; 
and 
"(II) early termination under this clause is warranted 
based on the fact that the provider is the sole community 
provider or the sole source of essential specialized services 
in a community, or other similar circumstances. 
State and local 
"(5) The Office shall— 
governments. 
"(A) promptly notify the appropriate State or local agency or 
authority having responsibility for the licensing or certification 
of a provider barred from participation in the program under 
this chapter of the fact of the debarment, as well as the reasons 
for such debarment; 
"(B) request that appropriate investigations be made and 
sanctions invoked in accordance with applicable law and policy; 
and 
"(C) request that the State or local agency or authority keep 
the Office fully and currently informed with respect to any 
actions taken in response to the request. 
Records. 
"(6) The Office shall, upon written request and payment of a 
reasonable charge to defray the cost of complying with such request, 
furnish a current list of any providers barred from participating in 
the program under this chapter, including the minimum period of 
time remaining under the terms of each provider's debarment. 
"(gXD The Office may not make a determination under subsection 
(b) or (c) adverse to a provider of health care services or supplies 
until such provider has been given written notice and an oppor-
tunity for a hearing on the record. A provider is entitled to be 
represented by counsel, to present witnesses, and to cross-examine 
witnesses against the provider in any such hearing. 
"(2) Notwithstanding section 8912, any person adversely affected 
by a fined decision under paragraph (1) may obtain review of such 
decision in the United States (Dourt of Appeals for the Federal 
Circuit. A written petition requesting that the decision be modified 
or set aside must be filed within 60 days after the date on which 
such person is notified of such decision. 
"(3) Matters that were raised or that could have been raised in a 
hearing under paragraph (1) or an appeal under paragraph (2) may 
not be raised as a defense to a civil action by the United States to 
collect a penalty or assessment imposed under this section. 
"(h) A civil action to recover civil monetary penalties or assess-
ments under subsection (c) shall be brought by the Attorney General 
in the name of the United States, and may be brought in the United 
States district court for the district where the claim involved was 
presented or where the person subject to the penalty resides. 
Amounts recovered under this section shall be paid to the Office for 
deposit into the Employees Health Benefits Fund. 
PUBLIC LAW 100-654—NOV. 14, 1988 
102 STAT. 3841 
"(i) The Office shall prescribe regulations under which, with Regulations. 
respect to services or supplies furnished by a debarred provider to a 
covered individual during the period of such provider's debarment, 
payment or reimbursement under this chapter may be made, not-
withstanding the fact of such debarment, if such individual did not 
know or could not reasonably be expected to have known of the 
debarment. In any such instance, the carrier involved shall take 
appropriate measures to ensure that the individual is informed of 
the debarment and the minimum period of time remaining under 
the terms of the debarment.". 
Ot)) CHAPTER ANALYSIS.—The analysis for chapter 89 of title 5, 
United States Code, is amended by inserting after the item relating 
to section 8902 the following: 
"8902a. Debarment and other sanctions.". 
SEC. 102. APPLICABILITY; PRIOR CONDUCT. 
(a) APPUCABIUTY.—The amendments made by this title shall be 
effective with respect to any calendar year beginning, and contracts 
entered into or renewed for any calendar year beginning, after the 
date of the enactment of this Act. 
O
t
>
) PRIOR CONDUCT NOT TO BE CONSIDERED.—In carrying out 
section 8902a of title 5, United States Code, as added by this title, no 
debarment, civil monetary penalty, or assessment may be imposed 
under such section based on any criminal or other conduct occurring 
before the beginning of the first calendar year which begins after 
the date of the enactment of this Act. 
5 use 8902a 
note. 
Contracts. 
TITLE 
II—PROVISIONS 
RELATING TO 
TEMPORARY CONTINUATION OF COV-
ERAGE FOR CERTAIN INDIVIDUALS 
SEC. 201. AUTHORITY TO CONTINUE COVERAGE. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Chapter 89 of title 5, United States Code, is 
amended by inserting after section 8905 the following: 
"§ 8905a. Continued coverage 
"(a) Any individual described in paragraph (1) or (2) of subsection 
Qo) may elect to continue coverage under this chapter in accordance 
with the provisions of this section. 
"Ot)) This section applies with respect to— 
"(1) any employee who— 
"(A) is separated from service, whether voluntarily or 
involuntarily, except that if the separation is involuntary, 
this section shall not apply if the separation is for gross 
misconduct (£is defined under regulations which the Office 
of Personnel Management shall prescribe); and 
"(B) would not otherwise be eligible for any benefits 
under this chapter (determined without regard to any tem-
porary extension of coverage and without regard to any 
benefits available under a nongroup contract); and 
"(2) anv individual who— 
"(A) ceases to meet the requirements for being considered 
an unmarried dependent child under this chapter; 
102 STAT. 3842 
PUBLIC LAW 100-654—NOV. 14, 1988 
Regulations. 
Contracts. 
Children and 
youth. 
"(B) on the day before so ceasing to meet the require-
ments referred to in subparagraph (A), was covered under a 
health benefits plan under this chapter as a member of the 
family of an employee or annuitant; and 
"(C) would not otherwise be eligible for any benefits 
under this chapter (determined without regard to any tem-
porary extension of coverage and without regard to any 
benefits available under a nongroup contract). 
"(cXD The Office shall prescribe regulations and provide for the 
inclusion of appropriate terms in contracts with carriers to provide 
that— 
"(A) with respect to an employee who becomes (or will 
become) eligible for continued coverage under this section as a 
result of separation from service, the separating agency shall, 
before the end of the 30-day period beginning on the date as of 
which coverage (including any temporary extensions of cov-
erage) would otherwise end, notify the individual of such 
individual's rights under this section; and 
"(B) with respect to a child of an employee or annuitant who 
becomes eligible for continued coverage under this section as a 
result of ceasing to meet the requirements for being considered 
a member of the employee's or annuitant's family— 
"(i) the employee or annuitant may provide written 
notice of the child's change in status (complete with the 
child's name, address, and such other information as the 
Office may by regulation require)— 
"(I) to the employee's employing agency; or 
"(II) in the case of an annuitent, to the Office; and 
"(ii) if the notice referred to in clause (i) is received within 
60 days after the date as of which the child involved first 
ceases to meet the requirements involved, the emplojring 
agency or the Office (as the case may be) must, within 14 
days after receiving such notice, notify the child of such 
child's rights under this section. 
"(2) In order to obtain continued coverage under this section, an 
appropriate written election (submitted in such manner as the 
Office by regulation prescribes) must be made— 
"(A) in the case of an individual seeking continued coverage 
based on a separation from service, before the end of the 60-day 
period b a n n i n g on the later of— 
"(i) the effective date of the separation; or 
"(ii) the date the separated individual receives the notice 
required under paragraph (IXA); or 
"(B) in the case of an individual seeking continued coverage 
based on a change in circumstances making such individual 
ineligible for coverage as an unmarried dependent child, before 
the end of the 60-day period b^inning on the later of— 
"(i) the date as of which such individual first ceases to 
meet the requirements for being considered an unmarried 
dependent child; or 
"(ii) the date such individual receives notice under para-
graph (IXBXii); 
except that if a parent fails to provide the notice required under 
paragraph (IXBXi) in timely fashion, the 60-day period under 
this subparagraph shall be based on the date under clause (i), 
irrespective of whether or not any notice under paragraph 
(IXBXu) is provided. 
PUBLIC LAW 100-654—NOV. 14, 1988 
102 STAT. 3843 
"(dXlXA) An individual receiving continued coverage under this 
section shall be required to pay currently into the Employees Health 
Benefits Fund, under arrangements satisfactory to the Office, an 
amount equal to the sum of— 
"(i) the employee and agency contributions which would be 
required in the case of an employee enrolled in the same health 
benefits plan and level of benefits; and 
"(ii) an amount, determined under regulations prescribed by 
the Office, necessary for administrative expenses, but not to 
exceed 2 percent of the total amount under clause (i). 
"(B) Payments under this section to the Fund shall— 
"(i) in the case of an individual whose continued coverage is 
based on such individual's separation, be made through the 
agency which last employed such individual; or 
"(ii) in the case of an individual whose continued coverage is 
based on a change in circumstances referred to in subsection 
(c)(2)(B), be made through— 
"(I) the Office, if, at the time cover£^e would (but for this 
section) otherwise have been discontinued, the individual 
was covered as the child of an annuitant; or 
"(II) if, at the time referred to in subclause (I), the 
individual was covered as the child of an employee, the 
employee's employing agency as of such time. 
"(2) If an individual elects to continue coverage under this section 
before the end of the applicable period under subsection (cX2), but 
after such individual's coverage under this chapter (including any 
temporary extensions of coverage) expires, coverage shall he re-
stored retroactively, with appropriate contributions (determined in 
accordance with paragraph (1)) and claims (if any), to the same 
extent and effect as though no break in coverage had occurred. 
"(3XA) An individual making an election under subsection (cX2XB) 
may, at such individual's option, elect coverage either as an individ-
ual or, if appropriate, for self and family. 
"(B) For the purpose of this paragraph, members of an individual's 
family shall be determined in the same way as would apply under 
this chapter in the case of an enrolled employee. 
"(C) Nothing in this paragraph shall be considered to limit an 
individual making an election under subsection (cX2XA) to coverage 
for self alone. 
"(eXD Continued coverage under this section may not extend 
beyond— 
"(A) in the case of an individual whose continued coverage is 
based on separation from service, the date which is 18 months 
after the effective date of the separation; or 
"(B) in the case of an individual whose continued coverage is 
based on ceasing to meet the requirements for being considered 
an unmarried dependent child, the date which is 36 months 
J 
after the date on which the individual first ceases to meet those 
requirements, subject to paragraph (2). 
"(2) In the case of an individual who— 
"(A) ceases to meet the requirements for being considered an 
unmarried dependent child; 
"(B) as of the day before so ceasing to meet the requirements 
referred to in subparagraph (A), was covered as the child of a 
former employee receiving continued coverage under this sec-
tion based on the former employee's separation from service; 
and 
102 STAT. 3844 
PUBLIC LAW 100-654—NOV. 14, 1988 
"(C) so ceases to meet the requirements referred to in 
subparagraph (A) before the end of the 18-month period begin-
ning on the date of the former employee's separation from 
service, 
extended coverage under this section may not extend beyond the 
date which is 36 months after the separation date referred to in 
subparagraph (C). 
Regulations. 
"(fKD The Office shall prescribe regulations under which, in 
addition to any individual otherwise eligible for continued coverage 
under this section, and to the extent practicable, continued coverage 
may also, upon appropriate written application, be afforded under 
this section— 
"(A) to any individual who— 
"(i) if subparagraphs (A) and (C) of paragraph (10) of 
section 8901 were disregarded, would be eligible to be 
considered a former spouse within the meaning of such 
paragraph; but 
"(ii) would not, but for this subsection, be eligible to be so 
considered; and 
"(B) to any individual whose coverage as a family member 
would otherwise terminate as a result of a legal separation. 
"(2) The terms and conditions for coverage under the regulations 
shall include— 
"(A) consistent with subsection (c), £my necessary notification 
provisions, and provisions under which an election period of at 
least 60 days' duration is afforded; 
"(B) terms and conditions identical to those under subsection 
(d), except that contributions to the Employees Health Benefits 
Fund shall be made through such agency as the Office by 
regulation prescribes; 
"(C) provisions relating to the termination of continued cov-
erage, except that continued coverage under this section may 
not (subject to paragraph (3)) extend beyond the date which is 36 
months after the date on which the qualifying event under this 
subsection (the date of divorce, annulment, or legal separation, 
as the case may be) occurs; and 
"(D) provisions designed to ensure that any coverage pursuant 
to this subsection does not adversely affect any eligibility for 
coverage which the individual involved might otherwise have 
under this chapter (including as a result of any change in 
personal circumstances) if this subsection had not been enacted. 
"(3) In the case of an individual— 
"(A) who becomes eligible for continued coverage under this 
subsection based on a divorce, annulment, or legal separation 
from a person who, as of the day before the date of the divorce, 
annulment, or legal separation (as the case may be) was receiv-
ing continued coverage under this section for self and family 
based on such person's separation from service; and 
"(B) whose divorce, annulment, or legal separation (as the 
case may be) occurs before the end of the 18-month period 
beginning on the date of the separation from service referred to 
in subparagraph (A), 
extended coverage under this section may not extend beyond the 
date which is 36 months after the date of the separation from 
service, as referred to in subparagraph (A).". 
PUBLIC LAW 100-654—NOV. 14, 1988 
102 STAT. 3845 
(2) TABLE OF SECTIONS.—The table of sections for chapter 89 of 
title 5, United States Code, is amended by inserting after the 
item relating to section 8905 the following: 
"8905a. Continued coverage.". 
(b) OPTION TO CONVERT TO A NONGROUP CONTRACT AFTER CON-
TINUED COVERAGE ENDS.—Section 8902(g) of 
title 5, United States Code, 
is amended by striking "or former spouse" each place it appears and 
inserting "former spouse, or jperson having continued coverage 
under section 8905a of this title'. 
(c) CHANGE OF COVERAGE BASED ON CHANGE IN FAMILY STATUS.— 
Section 8905(e) of title 5, United States Code, is amended by striking 
"or former spouse" and inserting "former spouse, or person having 
continued coverage under section 8905a of this title". 
(d) OPEN SEASON.—Section 8905(f) of title 5, United States Code, is 
amended— 
(1) by striking "or former spouse" each place it appears and 
inserting "former spouse, or person having continued coverage 
under section 8905a of this title"; and 
(2) by adding at the end the following: 
"(3XA) In addition to any informational requirements otherwise 
applicable under this chapter, the regulations shall include provi-
sions to ensure that each employee eligible to enroll in a health 
benefits plan under this chapter (whether actually enrolled or not) is 
notified in writing as to the rights afforded under section 8905a of 
this title. 
"(B) Notification under this paragraph shall be provided by 
emplo3dng agencies at an appropriate point in time before each 
period under paragraph (1) so that employees may be aware of their 
rights under section 8905a of this title when making enrollment 
decisions during such period.". 
SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) Sections 89020"), 8902(kXl), and 8909(d) of title 5, United States 
Code, are amended by striking "or former spouse" each place it 
appears and inserting "former spouse, or person having continued 
coverage under section 8905a of this title". 
Qy) Section 8903(1) of title 5, United States (Dode, is amended— 
(1) by striking "or former spouses," and inserting "former 
spouses, or persons having continued coverage under section 
8905a of this title,"; and 
(2) by striking "or former spouse." and inserting "former 
spouse, or person having continued coverage under section 
8905a of this title.". 
(c) Section 8905(d) of title 5, United States C!ode, is amended to 
read as follows: 
"(d) If an employee, annuitant, or other individual eligible to 
enroll in a health benefits plan under this chapter has a spouse who 
is also eligible to enroll, either spouse, but not both, may enroll for 
self and family, or each spouse may enroll £is an individual. How-
ever, an individual may not be enrolled both as an employee, 
annuitant, or other individual eligible to enroll and as a member of 
the family.". 
SEC. 203. APPLICABILITY. 
5 USC 8902 note. 
(a) IN GENERAL.—The amendments made by this title shall apply 
with respect to— 
102 STAT. 3846 
PUBLIC LAW 100-654—NOV. 14, 1988 
Contracts. 
(1) any Calendar year beginning, and contracts entered into or 
renewed for any calendar year beginning, after the end of the 9-
month period beginning on the date of the enactment of this 
Act; and 
(2) any qualifying event occurring on or after the first day of 
the first calendar year beginning after the end of the 9-month 
period referred to in paragraph (1). 
(b) DEFINITION.—For the purpose of this section, the term "qualify-
ing event" means any of the following events: 
(1) A separation from Government service. 
(2) A divorce, annulment, or legal separation. 
(3) Any change in circumstances which causes an individual 
to become ineligible to be considered an unmarried dependent 
child under chapter 89 of such title. 
TITLE III—HEALTH INSURANCE COVER-
AGE FOR TEMPORARY EMPLOYEES 
SEC. 301. HEALTH INSURANCE COVERAGE FOR TEMPORARY EMPLOYEES. 
(a) IN GENERAL.—Chapter 89 of title 5, United States Code, is 
amended by inserting after section 8906 the following new section: 
Regulations. 
"§ g906a. Temporary employees 
"(a)(1) The Office of Personnel Management shall prescribe regu-
lations to provide for offering health benefits plans to temporary 
employees (who meet the requirements of paragraph (2)) under the 
provisions of this chapter. 
"(2) To be eligible to participate in a health benefits plan offered 
under this section a temporary employee shall have completed 1 
year of current continuous employment, excluding any break in 
service of 5 days or less. 
"(b) Notwithstanding the provisions of section 8906— 
"(1) any temporary employee enrolled in a health benefits 
plan under this section shall have an amount withheld from the 
pay of such employee, as determined by the Office of Personnel 
Management, equal to— 
"(A) the amount withheld from the pay of an employee 
under the provisions of section 8906; and 
"(B) the amount of the Government contribution for an 
employee under section 8906; and 
"(2) the employing agency of any such temporary employee 
shall not pay the Government contribution under the provisions 
of section 8906.". 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
89 of title 5, United States Code, is amended by inserting after the 
item relating to section 8906 the following: 
"8906a. Temporary employees.". 
(c) REGULATIONS.—Section 8913(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (2) by striking out "or" at the end thereof; 
(2) in paragraph (3) by striking out the period and inserting in 
lieu thereof a semicolon and "or '; and 
(3) by adding at the end thereof the following new paragraph: 
"(4) an employee who is employed on a temporary basis and is 
, 
eligible under section 8906a(a).". 
PUBLIC LAW 100-654—NOV. 14, 1988 
102 STAT. 3847 
(d) EFFECTIVE DATE.—The amendments made by this section shall 5 use 8906a 
be effective 120 days after the date of enactment of this section. 
^°^-
TITLE IV—PROVISIONS RELATING TO 
CONTRIBUTIONS BY JUSTICES AND 
JUDGES TO THE THRIFT SAVINGS FUND 
SEC. 401. CONTRIBUTIONS BY JUSTICES AND JUDGES TO THE THRIFT 
SAVINGS FUND. 
(a) IN GENERAL.—Subchapter III of chapter 84 of title 5, United 
States Code, is amended by adding at the end thereof the following 
new section: 
"§ 8440a. Justices and judges 
"(aXD A justice or judge of the United States as defined by section 
451 of title 28 may elect to contribute an amount of such individual's 
basic pay to the Thrift Savings Fund. Basic pay does not include an 
annuity or salary received by a justice or judge who has retired 
under section 371 (a) or (b) or section 372(a) of title 28, United States 
Code. 
"(2) An election may be made under paragraph (1) only during a 
period provided under section 8432(b) for individuals subject to 
chapter 84 of this title: Provided, however, That a justice or judge 
may make the first such election within 60 days of the effective date 
of this section. 
"(bXl) Except as otherwise provided in this subsection, the provi-
sions of subchapters III and VII of chapter 84 of this title shall apply 
with respect to justices and judges making contributions to the 
Thrift Savings Fund. 
"(2) The amount contributed by a justice or judge shedl not exceed 
5 percent of basic pay. 
"(3) No contributions shall be made for the benefit of a justice or 
judge under section 8432(c) of this title. 
"(4) Section 8433(b) of this title applies with respect to elections 
available to any justice or judge who retires under section 371 (a) or 
(b) or section 372(a) of title 28. Retirement under section 371 (a) or (b) 
or section 372(a) of title 28 is a separation from service for the 
purposes of subchapters III and VII of chapter 84 of this title. 
"(5) Section 8433(d) of this title applies to any justice or judge who 
resigns without having met the age and service requirements set 
forth in section 371(c) of title 28. 
"(6) Sums contributed under this section and earnings attrib-
utable to such sums may be invested and reinvested only in the 
Government Securities Investment Fund established under section 
8438(bXlXA) of this title. 
"(7) The provisions of section 8351(bX7) of this title shall govern 
the rights of spouses of justices or judges contributing to the Thrift 
Savings F\ind under this section.". 
Qo) CONFORMING AMENDMENT.—The table of sections for chapter 
84 of title 5, United States Code, is amended by inserting after the 
item relating to section 8440 the following: 
"8440a. Justices and judges.". 
102 STAT. 3848 
PUBLIC LAW 100-654—NOV. 14, 1988 
Tennessee. 
SEC. 402. DESIGNATION 
OF 
LEWIS 
E. 
MOORE. SR. 
POST 
OFFICE 
BUILDING. 
The United States Post Office Building located at 525 Royal 
Parkway in Nashville, Tennessee, is designated as the "Lewis E. 
Moore, Sr., Post Office Building". Any reference to such building in 
a law, rule, map, document, record, or other paper of the United 
States shall be considered to be a reference to the "Lewis E. Moore, 
Sr., Post Office Building". 
Approved November 14, 1988. 
LEGISLATIVE HISTORY—H.R. 5102: 
HOUSE REPORTS: No. 100-917 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 16, considered and passed House. 
Oct. 14, considered and passed Senate, amended. 
Oct. 19, House concurred in Senate amendment.