[House Report 115-407]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-407
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PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF 2017
_______
November 13, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3739]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 3739) to amend the Act of August
25, 1958, commonly known as the ``Former Presidents Act of
1958'', with respect to the monetary allowance payable to a
former President, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 4
Explanation of Amendments........................................ 6
Committee Consideration.......................................... 6
Roll Call Votes.................................................. 6
Application of Law to the Legislative Branch..................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Federal Advisory Committee Act................................... 7
Unfunded Mandates Statement...................................... 7
Earmark Identification........................................... 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Committee Statement and Views
PURPOSE AND SUMMARY
The Presidential Allowance Modernization Act of 2017 (H.R.
3739) reforms pensions and allowances provided to former
presidents and surviving spouses and reduces unnecessary costs
to the taxpayer. Specifically, H.R. 3739 amends the Former
Presidents Act of 1958 to establish limits on the allowance for
a former president. The allowance will be reduced dollar-for-
dollar by each dollar of earned income in excess of $400,000.
The allowance will otherwise be reduced to $350,000 five years
after leaving office and then to $250,000 after eleven years.
The bill sets a former president's pension at $200,000. Current
law establishes the pension at the salary of a cabinet
secretary. The bill also increases the pension for the
surviving spouse of a former president from $20,000 to
$100,000. Finally, a rule of construction clarifies that
nothing in the bill affects any law relating to security or
protection of a former president.
BACKGROUND AND NEED FOR LEGISLATION
In 1958, Congress passed the Former Presidents Act (FPA)\1\
to maintain the dignity of the Office of the President and
assist former presidents who lacked independent or personal
financial resources. Prior to 1958, former presidents did not
receive a federal pension or financial assistance. There were
discussions about providing support to former presidents
beginning in 1912 and over the subsequent years, but Congress
passed the 1958 Act largely in the context of former President
Harry Truman's financial difficulties.\2\
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\1\Pub. L. 85-745 (1958), codified as amended at 3 U.S.C. Sec. 102
note.
\2\Wendy Ginsberg, Cong. Research Serv., RL34631, Former
Presidents: Pensions, Office Allowances, and Other Federal Benefits 1,
App. A, (Mar. 16, 2016).
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The FPA authorizes funding to provide each former president
a pension (equal to a cabinet secretary's salary\3\) and to
cover expenses for staff, office space, travel, and franked
mail to support their post-presidential life. The General
Services Administration (GSA) administers the FPA, and Congress
appropriates funds for former presidents annually in the
Financial Services and General Government appropriations acts.
Currently, there are five former presidents receiving pensions
and benefits under the FPA: Jimmy Carter, George H.W. Bush,
William J. Clinton, George W. Bush, and Barack H. Obama.
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\3\As of January 2017, the annual rate of pay for cabinet
secretaries was $207,800, consistent with cabinet secretaries'
designation as a Level I executive. 5 U.S.C. Sec. 5312.
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The federal government spent $3,277,000 for pensions and
expenses of former presidents in fiscal year 2016, and
$3,865,000 in fiscal year 2017.\4\ For fiscal year 2018, the
Administration requested funding of $4,754,000.\5\ The largest
expense area has been office space: $1,201,000 in fiscal year
2016; $1,434,000 in fiscal year 2017; and $1,952,000 requested
for fiscal year 2018.\6\
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\4\Barbara L Schwemle, Cong. Research Serv., IN10759, Allowances
and Office Staff for Former Presidents, FY2016-FY2018 Appropriations
(Aug. 28, 2017).
\5\Id.
\6\Id.
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The FPA has served an important role in supporting former
presidents after leaving office. The office of a former
president continues to play an important institutional role in
the United States in providing a platform for these American
leaders to continue to serve a variety of charitable and social
interests as well as continue to correspond with American
citizens.
However, times have changed since 1958. Today, former
presidents have the opportunity to earn millions of dollars
from speaking fees and book deals upon leaving office. For
example, President Clinton reportedly earned more than $100
million in speaking fees between 2001 and 2013.\7\ According to
other reports, President George W. Bush received $10 million
for a book deal and earned about $15 million for more than 140
paid speeches from 2009 and 2015.\8\ In April 2017, President
Obama spoke at a Wall Street firm for a fee of $400,000.\9\
Further, President Obama and First Lady Michelle Obama
reportedly signed a joint book deal worth more than $65
million.\10\ Finally, the current President accumulated
significant financial resources prior to office with an
estimated net worth of over $3 billion.\11\
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\7\Philip Rucker, Tom Hamburger, & Alexander Becker, How the
Clintons went from `dead broke' to rich: Bill earned $104.9 million for
speeches, Wash. Post, June 26, 2014.
\8\Alexandra Alter, Obamas Make Book Deal With Penguin Random
House, N.Y. Times, Feb. 28, 2017; Joseph Morton, Ernst: Cap expense
accounts for former presidents at $200,000 per year, Omaha World-
Herald, May 22, 2015.
\9\Warren, Sanders Unhappy by Wall Street-paid Obama Speech,
Associated Press, Apr. 28, 2017.
\10\Tufayel Ahmed, Barack and Michelle Obama Sign Joint Book Deal
Worth Over $65 million: Report, Newsweek, Mar. 1, 2017.
\11\Forbes: The World's Billionaires 2017 Ranking (showing
President Trump's net worth at $3.5 billion) available at https://
www.forbes.com/billionaires/list/13/#version:static (accessed Nov. 12,
2017).
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Given the modern opportunities for former presidents to
earn significant income, taxpayer-funded support is no longer
necessary at the levels it once was. While the funding
currently provided to former presidents is low relative to
other federally-funded programs, it is an example of
unnecessary spending that should be curbed in the interest of
fiscal responsibility.
H.R. 3739 amends the FPA in several ways: First, the bill
sets a former president's pension at $200,000 versus current
law linking the pension to cabinet secretaries' salaries. Next,
the bill deems surviving spouses of former presidents eligible
for a $100,000 pension, an increase from the $20,000 pension
provided under current law.
Annual appropriations fund other benefits for former
presidents under current law. Such benefits include office
space and leases, furniture and supplies, and staff salaries.
H.R. 3739 establishes a $500,000 allowance for eligible former
presidents to cover such expenses. This allowance is reduced
dollar-for-dollar for any earned income in excess of $400,000.
For those former presidents eligible for this allowance, such
allowance is reduced over time. Five years after leaving
office, the allowance is reduced to $350,000, and after ten
years to $250,000.
In addition, H.R. 3739 clarifies the pension and allowance
terminate 30 days after the death of a former president,
instead of immediately upon death, which is the case under
current law. The bill also provides authority for GSA to
provide employees on a reimbursable basis and authorize
designation of these employees for purposes of federal benefits
on a reimbursable basis. The bill does not affect funding for
the security or protection of former presidents.
Finally, the bill provides for transition periods to allow
the current former presidents to plan for the new law. For
example, existing office leases continue to be eligible for
funding until those leases expire. In addition, the bill
becomes effective six months after its enactment.
LEGISLATIVE HISTORY
On September 12, 2017, Representative Jody Hice (R-GA)
introduced H.R. 3739, the Presidential Allowance Modernization
Act of 2017, which was referred to the Committee on Oversight
and Government Reform. Senator Joni Ernst introduced the Senate
companion bill (S. 1791) on the same day. The Committee
considered H.R. 3739 at a business meeting on September 13,
2017 and ordered the bill reported favorably, without
amendment, by voice vote. The Senate Homeland Security and
Governmental Affairs Committee ordered S. 1791 reported on
October 4, 2017.
There have been several efforts in prior Congresses to
reform the FPA. On April 14, 2015, Representative Jason
Chaffetz (R-UT) introduced H.R. 1777, the Presidential
Allowance Modernization Act of 2015, with Representative Elijah
Cummings (D-MD). On May 19, 2015, the Committee ordered H.R.
1777 reported favorably, with an amendment in the nature of a
substitute, by voice vote. On January 11, 2016, the House
passed H.R. 1777 by voice vote under suspension of the rules.
On June 21, 2016, the Senate passed H.R. 1777, as amended, by
unanimous consent. On July 8, 2016, the House agreed to the
Senate amendment by unanimous consent. H.R. 1777 was presented
to the President on July 12, 2016. The President vetoed H.R.
1777 on July 22, 2016, citing unintended consequences.\12\
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\12\Veto Message from the President (H. Doc. 114-155) (July 25,
2016).
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On May 21, 2015, Senator Joni Ernst (R-IA) introduced a
similar version of the bill, S. 1411, the Presidential
Allowance Modernization Act of 2015, with Senators Mark Kirk
(R-IL) and Marco Rubio (R-FL). S. 1411 was referred to the
Senate Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 1411 at a business meeting on
February 10, 2016, and ordered the bill reported favorably,
with an amendment in the nature of a substitute, by voice vote.
Similar legislation was introduced in the House on two
prior occasions and referred to the Committee on Oversight and
Government Reform: H.R. 248 (113th Congress) and H.R. 4093
(112th Congress). No further action was taken on either bill.
Section-by-Section
Section 1. Short title
Section 1 provides the short title of the bill.
Sec. 2. Amendments
Section 2(a) amends the Former Presidents Act of 1958 by
providing each former president: (1) an annuity of $200,000
annually, which will commence on the date on which an
individual becomes a former president; and (2) a monetary
allowance of $500,000 annually for five years beginning at the
end of the presidential transition period, which will be
reduced to $350,000 annually for years six to ten, and $250,000
annually after year ten.
Under the revised law, the annuity and monetary allowance
will terminate 30 days after the date on which a former
president dies, and are not paid during any time a former
president holds a paid appointment or elected position in the
federal government.
The pension and monetary allowance are subject to annual
cost of living increases with some restrictions. Specifically,
for every dollar by which the former president's earned income
exceeds $400,000 for the most recent tax year, the allowance is
reduced by one dollar. To ensure the reduction can be correctly
calculated, a former president's receipt of the monetary
allowance is conditioned upon disclosure of tax return
information to the Secretary of the Treasury. Such disclosures
remain subject to confidentiality provisions of Section 6103 of
title 26, United States Code.
Section 2(a) also provides for a minimum allowance to
account for increased costs of doing business resulting from
security needs, determined by the Administrator of the General
Services Administration (Administrator), in coordination with
the Director of the U.S. Secret Service.
In addition, new subsections (f) and (g) in the FPA
establish rules for offices of former presidents, capping staff
at 13 and limiting compensation to the highest annual rate of
basic pay for positions at level II of the Executive Schedule.
Additional provisions establish rules for office space and
related furnishings and equipment, which can be provided by the
Administrator on a reimbursable basis. Further, the
Administrator may provide excess furniture and equipment to the
office of a former president at no cost, other than
transportation costs. In the case of a former president on the
date of enactment, the former president may retain without
reimbursement any furniture or equipment acquired under section
5 of the Presidential Transition Act of 1963. These provisions
as well as those related to travel and security authorization
apply at the end of the presidential transition period--six
months after the President's term expires--avoiding overlapping
benefits between the Presidential Transition Act of 1963 and
the Former Presidents Act of 1958.
Subsection (b) of the act increases the pension of
surviving spouses of former presidents from $20,000 to $100,000
and harmonizes the timing for cost of living increases to the
surviving spouse's pension with the cost of living increases
for former presidents.
Section 2(d) makes conforming amendments related to
amendments in the preceding subsections.
Section 3. Rule of construction
Section 3 provides that nothing in this Act or an amendment
made by this Act shall be construed to affect: (1) any
provision of law relating to the security or protection of a
former president or a member of the family of a former
president; (2) funding under the Former Presidents Act of 1958
or any other law, to carry out any provision of law described
in paragraph (1) related to security; or (3) funding for any
office space lease in effect on the day before enactment until
the expiration date in the lease, if the lease was submitted to
the House Committee on Oversight and Government Reform on April
12, 2017.
Section 4. Transition rules
Section 4 provides for a six-month transition period before
the amendments to the Former Presidents Act of 1958 in Section
2(a) and 2(b)(1) are effective.
Section 5. Applicability
Section 5 states, for a former president receiving a
monetary allowance on the day before enactment, that the
limitation on the allowance under subsection (d)(1) (as amended
by section 2(a)) shall apply, except to the extent that
application of the limitation would prevent a former president
from being able to pay the cost of a lease or other contract in
effect on the day before enactment and under which payments are
made using the monetary allowance, as determined by the
Administrator.
Explanation of Amendments
There were no amendments to H.R. 3739 offered or adopted
during Committee consideration of the bill.
Committee Consideration
On September 13, 2017, the Committee met in open session
and, with a quorum being present, ordered the bill favorably
reported without amendment by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
consideration of H.R. 3739.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill amends the Former Presidents Act of 1958 by reforming
the pension and allowance rules for former presidents. As such,
this bill does not relate to employment or access to public
services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to amend the Former
Presidents Act of 1958 by reforming the pension and allowance
rules for former presidents.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
This bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5,
United States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
At the time of this writing, the Committee had yet to
receive a formal cost estimate from the Congressional Budget
Office for H.R. 3739. However, the Committee considered
substantially similar legislation during the 114th Congress,
H.R. 1777, from which it will base its committee estimate for
H.R. 3739. For H.R. 1777, the Congressional Budget Office
estimated that enacting the bill would reduce outlays by $10
million over the 2016-2020 period, assuming appropriations are
reduced by those amounts. CBO also stated that enacting H.R.
1777 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply. Finally, CBO estimated
that enacting H.R. 1777 would impose a private-sector mandate,
as defined in UMRA, by decreasing the pensions of former
Presidents. Therefore, the Committee estimates enacting H.R.
3739 would not have a substantial cost and would likely achieve
a net savings.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has not
received a cost estimate for this bill from the Director of
Congressional Budget Office, and instead has included a
committee estimate in the prior section.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ACT OF AUGUST 25, 1958
(Public Law 85-745)
AN ACT To provide retirement, clerical assistants, and free mailing
privileges to former Presidents of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [That (a) Each
former President shall be entitled for the remainder of his
life to receive from the United States a monetary allowance at
a rate per annum, payable monthly by the Secretary of the
Treasury, which is equal to the annual rate of basic pay, as in
effect from time to time, of the head of an executive
department, as defined in section 101 of title 5, United States
Code. However, such allowance shall not be paid for any period
during which such former President holds an appointive or
elective office or position in or under the Federal Government
or the government of the District of Columbia to which is
attached a rate of pay other than a nominal rate.]
[(b) The Administrator of General Services shall, without
regard to the civil-service and classification laws, provide
for each former President an office staff. Persons employed
under this subsection shall be selected by the former President
and shall be responsible only to him for the performance of
their duties. Each former President shall fix basic rates of
compensation for persons employed for him under this paragraph
which in the aggregate shall not exceed $96,000 per annum,
except that for the first 30-month period during which a former
President is entitled to staff assistance under this
subsection, such rates of compensation in the aggregate shall
not exceed $150,000 per annum. The annual rate of compensation
payable to any such person shall not exceed the highest annual
rate of basic pay now or hereafter provided by law for
positions at level II of the Executive Schedule under section
5313 of title 5, United States Code. Amounts provided for
``Allowances and Office Staff for Former Presidents'' may be
used to pay fees of an independent contractor who is not a
member of the staff of the office of a former President for the
review of Presidential records of a former President in
connection with the transfer of such records to the National
Archives and Records Administration or a Presidential Library
without regard to the limitation on staff compensation set
forth herein.
[(c) The Administrator of General Services shall furnish for
each former President suitable office space appropriately
furnished and equipped, as determined by the Administrator, at
such place within the United States as the former President
shall specify.]
(a) In General.--Each former President shall be entitled to
receive from the United States--
(1) an annuity, subject to subsections (b) and (c)--
(A) at the rate of $200,000 per year; and
(B) which shall commence on the day after the
date on which an individual becomes a former
President; and
(2) a monetary allowance, subject to subsections (b),
(c), and (d), at the rate of--
(A) $500,000 per year for 5 years beginning
on the day after the last day of the period
described in the first sentence of section 5 of
the Presidential Transition Act of 1963 (3
U.S.C. 102 note);
(B) $350,000 per year for the 5 years
following the 5-year period under subparagraph
(A); and
(C) $250,000 per year thereafter.
(b) Duration; Frequency.--
(1) In general.--The annuity and monetary allowance
under subsection (a) shall--
(A) terminate on the date that is 30 days
after the date on which the former President
dies; and
(B) be payable by the Secretary of the
Treasury on a monthly basis.
(2) Appointive or elective positions.--The annuity
and monetary allowance under subsection (a) shall not
be payable for any period during which a former
President holds an appointive or elective position in
or under the Federal Government to which is attached a
rate of pay other than a nominal rate.
(c) Cost-of-Living Increases.--Effective December 1 of each
year, each annuity and monetary allowance under subsection (a)
that commenced before that date shall be increased by the same
percentage by which benefit amounts under title II of the
Social Security Act (42 U.S.C. 401 et seq.) are increased,
effective as of that date, as a result of a determination under
section 215(i) of that Act (42 U.S.C. 415(i)).
(d) Limitation on Monetary Allowance.--
(1) In general.--Notwithstanding any other provision
of this section, the monetary allowance payable under
subsection (a)(2) to a former President for any 12-
month period--
(A) except as provided in subparagraph (B),
may not exceed the amount by which--
(i) the monetary allowance that (but
for this subsection) would otherwise be
so payable for the 12-month period,
exceeds (if at all)
(ii) the applicable reduction amount
for the 12-month period; and
(B) shall not be less than the amount
determined under paragraph (4).
(2) Definition.--
(A) In general.--For purposes of paragraph
(1), the term ``applicable reduction amount''
means, with respect to any former President and
in connection with any 12-month period, the
amount by which--
(i) the earned income (as defined in
section 32(c)(2) of the Internal
Revenue Code of 1986) of the former
President for the most recent taxable
year for which a tax return is
available, exceeds (if at all)
(ii) $400,000, subject to
subparagraph (C).
(B) Joint returns.--In the case of a joint
return, subparagraph (A)(i) shall be applied by
taking into account both the amounts properly
allocable to the former President and the
amounts properly allocable to the spouse of the
former President.
(C) Cost-of-living increases.--The dollar
amount specified in subparagraph (A)(ii) shall
be adjusted at the same time that, and by the
same percentage by which, the monetary
allowance of the former President is increased
under subsection (c) (disregarding this
subsection).
(3) Disclosure requirement.--
(A) Definitions.--In this paragraph--
(i) the terms ``return'' and ``return
information'' have the meanings given
those terms in section 6103(b) of the
Internal Revenue Code of 1986; and
(ii) the term ``Secretary'' means the
Secretary of the Treasury or the
Secretary of the Treasury's delegate.
(B) Requirement.--A former President may not
receive a monetary allowance under subsection
(a)(2) unless the former President discloses to
the Secretary, upon the request of the
Secretary, any return or return information of
the former President or spouse of the former
President that the Secretary determines is
necessary for purposes of calculating the
applicable reduction amount under paragraph (2)
of this subsection.
(C) Confidentiality.--Except as provided in
section 6103 of the Internal Revenue Code of
1986 and notwithstanding any other provision of
law, the Secretary may not, with respect to a
return or return information disclosed to the
Secretary under subparagraph (B)--
(i) disclose the return or return
information to any entity or person; or
(ii) use the return or return
information for any purpose other than
to calculate the applicable reduction
amount under paragraph (2).
(4) Increased costs due to security needs.--With
respect to the monetary allowance that would be payable
to a former President under subsection (a)(2) for any
12-month period but for the limitation under paragraph
(1) of this subsection, the Administrator of General
Services, in coordination with the Director of the
United States Secret Service, shall determine the
amount of the monetary allowance that is needed to pay
the increased cost of doing business that is
attributable to the security needs of the former
President.
(e) Widows and Widowers._The [widow] widow or widower of each
former President shall be entitled to receive from the United
States a monetary allowance at a rate of [$20,000 per annum,]
$100,000 per year (subject to paragraph (4)), payable monthly
by the Secretary of the Treasury, if such [widow] widow or
widower shall waive the right to each other annuity or pension
to which [she] she or he is entitled under any other Act of
Congress. The monetary allowance of such [widow] widow or
widower--
(1) commences on the day after the former President
dies;
(2) terminates on the last day of the month before
such [widow] widow or widower--
(A) dies; or
(B) remarries before becoming 60 years of
age;[ and]
(3) is not payable for any period during which such
[widow] widow or widower holds an appointive or
elective office or position in or under the Federal
Government [or the government of the District of
Columbia] to which is attached a rate of pay other than
a nominal rate[.]; and
(4) shall, after its commencement date, be increased
at the same time that, and by the same percentage by
which, annuities of former Presidents are increased
under subsection (c).
(f) Office Staff.--
(1) In general.--The Administrator of General
Services shall, without regard to the civil service and
classification laws, provide for each former President
an office staff of not more than 13 individuals, at the
request of the former President, on a reimbursable
basis.
(2) Compensation.--The annual rate of compensation
payable to any individual under paragraph (1) shall not
exceed the highest annual rate of basic pay for
positions at level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(3) Selection; responsibility.--An individual
employed under this subsection--
(A) shall be selected by the former
President; and
(B) shall be responsible only to the former
President for the performance of duties.
(g) Office Space and Related Furnishings and Equipment.--
(1) Office space.--The Administrator of General
Services (referred to in this subsection as the
``Administrator'') shall, at the request of a former
President, on a reimbursable basis provide for the
former President suitable office space, as determined
by the Administrator, at a place within the United
States specified by the former President.
(2) Furnishings and equipment.--
(A) Reimbursable.--The Administrator may, at
the request of a former President, provide the
former President with suitable office
furnishings and equipment on a reimbursable
basis.
(B) Without reimbursement.--
(i) Grandfathered former
presidents.--In the case of any
individual who is a former President on
the date of enactment of the
Presidential Allowance Modernization
Act of 2017, the former President may
retain without reimbursement any
furniture and equipment in the
possession of the former President.
(ii) Presidential transition act.--A
former President may retain without
reimbursement any furniture or
equipment acquired under section 5 of
the Presidential Transition Act of 1963
(3 U.S.C. 102 note).
(iii) Excess furniture and
equipment.--The Administrator may
provide excess furniture and equipment
to the office of a former President at
no cost other than necessary
transportation costs.
[(f)] (h) Definition._As used in this section, the term
``former President'' means a person--
(1) who shall have held the office of President of
the United States of America;
(2) whose service in such office shall have
terminated other than by removal pursuant to section 4
of article II of the Constitution of the United States
of America; and
(3) who does not then currently hold such office.
[(g)] (i) Authorization of Appropriations._There are
authorized to be appropriated to the Administrator of General
Services up to $1,000,000 for each former President and up to
$500,000 for the spouse of each former President each fiscal
year for security and travel related expenses: Provided, That
under the provisions set forth in section 3056, paragraph (a),
subparagraph (3) of title 18, United States Code, the former
President and/or spouse was not receiving protection for a
lifetime provided by the United States Secret Service under
section 3056 paragraph (a) subparagraph (3) of title 18, United
States Code; the protection provided by the United States
Secret Service expired at its designated time; or the
protection provided by the United States Secret Service was
declined prior to authorized expiration in lieu of these funds.
(j) Applicability.--Subsections (f), (g) (other than
paragraph (2)(B)(i) of that subsection), and (i) shall apply
with respect to a former President on and after the day after
the last day of the period described in the first sentence of
section 5 of the Presidential Transition Act of 1963 (3 U.S.C.
102 note).
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 81--COMPENSATION FOR WORK INJURIES
* * * * * * *
SUBCHAPTER I--GENERALLY
Sec. 8101. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) a civil officer or employee in any branch
of the Government of the United States,
including an officer or employee of an
instrumentality wholly owned by the United
States;
(B) an individual rendering personal service
to the United States similar to the service of
a civil officer or employee of the United
States, without pay or for nominal pay, when a
statute authorizes the acceptance or use of the
service, or authorizes payment of travel or
other expenses of the individual;
(C) an individual, other than an independent
contractor or an individual employed by an
independent contractor, employed on the
Menominee Indian Reservation in Wisconsin in
operations conducted under a statute relating
to tribal timber and logging operations on that
reservation;
(D) an individual employed by the government
of the District of Columbia;
(E) an individual appointed to a position on
the office staff of a former President under
section [1(b)] 1(f) of the Act of August 25,
1958 (72 Stat. 838);
(F) an individual selected pursuant to
chapter 121 of title 28, and serving as a petit
or grand juror; and
(G) an individual who is a System member of
the National Urban Search and Rescue Response
System during a period of appointment into
Federal service pursuant to section 327 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act; but does not
include--
(i) a commissioned officer of the Regular
Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve
Corps of the Public Health Service on active
duty;
(iii) a commissioned officer of the
Environmental Science Services Administration;
or
(iv) a member of the Metropolitan Police or
the Fire Department of the District of Columbia
who is pensioned or pensionable under sections
521-535 of title 4, District of Columbia Code;
and
(2) ``physician'' includes surgeons, podiatrists,
dentists, clinical psychologists, optometrists,
chiropractors, and osteopathic practitioners within the
scope of their practice as defined by State law. The
term ``physician'' includes chiropractors only to the
extent that their reimbursable services are limited to
treatment consisting of manual manipulation of the
spine to correct a subluxation as demonstrated by X-ray
to exist, and subject to regulation by the Secretary;
(3) ``medical, surgical, and hospital services and
supplies'' includes services and supplies by
podiatrists, dentists, clinical psychologists,
optometrists, chiropractors, osteopathic practitioners
and hospitals within the scope of their practice as
defined by State law. Reimbursable chiropractic
services are limited to treatment consisting of manual
manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist, and subject to
regulation by the Secretary;
(4) ``monthly pay'' means the monthly pay at the time
of injury, or the monthly pay at the time disability
begins, or the monthly pay at the time compensable
disability recurs, if the recurrence begins more than 6
months after the injured employee resumes regular full-
time employment with the United States, whichever is
greater, except when otherwise determined under section
8113 of this title with respect to any period;
(5) ``injury'' includes, in addition to injury by
accident, a disease proximately caused by the
employment, and damage to or destruction of medical
braces, artificial limbs, and other prosthetic devices
which shall be replaced or repaired, and such time lost
while such device or appliance is being replaced or
repaired; except that eyeglasses and hearing aids would
not be replaced, repaired, or otherwise compensated
for, unless the damages or destruction is incident to a
personal injury requiring medical services;
(6) ``widow'' means the wife living with or dependent
for support on the decedent at the time of his death,
or living apart for reasonable cause or because of his
desertion;
(7) ``parent'' includes stepparents and parents by
adoption;
(8) ``brother'' and ``sister'' mean one who at the
time of the death of the employee is under 18 years of
age or over that age and incapable of self-support, and
include stepbrothers and stepsisters, half brothers and
half sisters, and brothers and sisters by adoption, but
do not include married brothers or married sisters;
(9) ``child'' means one who at the time of the death
of the employee is under 18 years of age or over that
age and incapable of self-support, and includes
stepchildren, adopted children, and posthumous
children, but does not include married children;
(10) ``grandchild'' means one who at the time of the
death of the employee is under 18 years of age or over
that age and incapable of self-support;
(11) ``widower'' means the husband living with or
dependent for support on the decedent at the time of
her death, or living apart for reasonable cause or
because of her desertion;
(12) ``compensation'' includes the money allowance
payable to an employee or his dependents and any other
benefits paid for from the Employees' Compensation
Fund, but this does not in any way reduce the amount of
the monthly compensation payable for disability or
death;
(13) ``war-risk hazard'' means a hazard arising
during a war in which the United States is engaged;
during an armed conflict in which the United States is
engaged, whether or not war has been declared; or
during a war or armed conflict between military forces
of any origin, occurring in the country in which an
individual to whom this subchapter applies is serving;
from--
(A) the discharge of a missile, including
liquids and gas, or the use of a weapon,
explosive, or other noxious thing by a hostile
force or individual or in combating an attack
or an imagined attack by a hostile force or
individual;
(B) action of a hostile force or individual,
including rebellion or insurrection against the
United States or any of its allies;
(C) the discharge or explosion of munitions
intended for use in connection with a war or
armed conflict with a hostile force or
individual;
(D) the collision of vessels on convoy or the
operation of vessels or aircraft without
running lights or without other customary
peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a
zone of hostilities or engaged in war
activities;
(14) ``hostile force or individual'' means a nation,
a subject of a foreign nation, or an individual serving
a foreign nation--
(A) engaged in a war against the United
States or any of its allies;
(B) engaged in armed conflict, whether or not
war has been declared, against the United
States or any of its allies; or
(C) engaged in a war or armed conflict
between military forces of any origin in a
country in which an individual to whom this
subchapter applies is serving;
(15) ``allies'' means any nation with which the
United States is engaged in a common military effort or
with which the United States has entered into a common
defensive military alliance;
(16) ``war activities'' includes activities directly
relating to military operations;
(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 government 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 institutions 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 institution 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 enrollment period immediately after the interim
or during periods of reasonable duration during which,
in the judgment of the Secretary, he is prevented by
factors beyond his control from pursuing 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 Bureau of Labor Statistics; and
(19) ``organ'' means a part of the body that performs
a special function, and for purposes of this subchapter
excludes the brain, heart, and back; and
(20) ``United States medical officers and hospitals''
includes medical officers and hospitals of the Army,
Navy, Air Force, Department of Veterans Affairs, and
United States Public Health Service, and any other
medical officer or hospital designated as a United
States medical officer or hospital by the Secretary of
Labor.
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
Sec. 8331. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) an employee as defined by section 2105 of
this title;
(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 employee of the
Architect of the Capitol, and an employee of
the Botanic Garden), after he gives notice in
writing to the official by whom he is paid of
his desire to become subject to this
subchapter;
(D) a temporary Congressional employee
appointed at an annual rate of pay, after he
gives notice in writing to the official by whom
he is paid of his desire to become subject to
this subchapter;
(E) a United States Commissioner whose total
pay for services performed as Commissioner is
not less than $3,000 in each of the last 3
consecutive calendar years ending after
December 31, 1954;
(F) an individual employed by a county
committee established under section 590h(b) of
title 16;
(G) an individual first employed by the
government of the District of Columbia before
October 1, 1987;
(H) an individual employed by Gallaudet
College;
(I) an individual appointed to a position on
the office staff of a former President under
section [1(b)] 1(f) of the Act of August 25,
1958 (72 Stat. 838);
(J) an alien (i) who was previously employed
by the Government, (ii) who is employed full
time by a foreign government for the purpose of
protecting or furthering the interests of the
United States during an interruption of
diplomatic or consular relations, and (iii) for
whose services reimbursement is made to the
foreign government by the United States;
(K) an individual appointed to a position on
the office staff of a former President, or a
former Vice President under section 5 of the
Presidential Transition Act of 1963, as amended
(78 Stat. 153), who immediately before the date
of such appointment was an employee as defined
under any other subparagraph of this paragraph;
and
(L) an employee described in section 2105(c)
who has made an election under section
8347(q)(1) to remain covered under this
subchapter;
but does not include--
(i) a justice or judge of the United States
as defined by section 451 of title 28;
(ii) an employee subject to another
retirement system for Government employees
(besides any employee excluded by clause (x),
but including any employee who has made an
election under section 8347(q)(2) to remain
covered by a retirement system established for
employees described in section 2105(c));
(iii) an employee or group of employees in or
under an Executive agency excluded by the
Office of Personnel Management under section
8347(g) of this title;
(iv) an individual or group of individuals
employed by the government of the District of
Columbia excluded by the Office under section
8347(h) of this title;
(v) an employee of the Administrative Office
of the United States Courts, the Federal
Judicial Center, or a court named by section
610 of title 28, excluded by the Director of
the Administrative Office under section 8347(o)
of this title;
(vi) a construction employee or other
temporary, part-time, or intermittent employee
of the Tennessee Valley Authority;
(vii) an employee under the Office of the
Architect of the Capitol excluded by the
Architect of the Capitol under section 8347(i)
of this title;
(viii) an employee under the Library of
Congress excluded by the Librarian of Congress
under section 8347(j) of this title;
(ix) a student-employee as defined by section
5351 of this title;
(x) an employee subject to the Federal
Employees' Retirement System;
(xi) an employee under the Botanic Garden
excluded by the Director or Acting Director of
the Botanic Garden under section 8347(l) of
this title; or
(xii) a member of the Foreign Service (as
described in section 103(6) of the Foreign
Service Act of 1980), appointed after December
31, 1987.
Notwithstanding this paragraph, the employment of a
teacher in the recess period between two school years
in a position other than a teaching position in which
he served immediately before the recess period does not
qualify the individual as an employee for the purpose
of this subchapter. For the purpose of the preceding
sentence, ``teacher'' and ``teaching position'' have
the meanings given them by section 901 of title 20;
(2) ``Member'' means a Member of Congress as defined
by section 2106 of this title, after he gives notice in
writing to the official by whom he is paid of his
desire to become subject to this subchapter, but does
not include any such Member of Congress who is subject
to the Federal Employees' Retirement System or who
makes an election under section 8401(20) of this title
not to be subject to such System;
(3) ``basic pay'' includes--
(A) the amount a Member received from April
1, 1954, to February 28, 1955, as expense
allowance under section 601(b) of the
Legislative Reorganization Act of 1946 (60
Stat. 850), as amended; and that amount from
January 3, 1953, to March 31, 1954, if deposit
is made therefor as provided by section 8334 of
this title;
(B) additional pay provided by--
(i) subsection (a) of section 60e-7
of title 2 and the provisions of law
referred to by that subsection; and
(ii) sections 60e-8, 60e-9, 60e-10,
60e-11, 60e-12, 60e-13, and 60e-14 of
title 2;
(C) premium pay under section 5545(c)(1) of
this title;
(D) with respect to a law enforcement
officer, premium pay under section 5545(c)(2)
of this title;
(E) availability pay--
(i) received by a criminal
investigator under section 5545a of
this title; or
(ii) received after September 11,
2001, by a Federal air marshal of the
Department of Transportation, subject
to all restrictions and earning
limitations imposed on criminal
investigators under section 5545a;
(F) pay as provided in section 5545b (b)(2)
and (c)(2);
(G) with respect to a customs officer
(referred to in subsection (e)(1) of section 5
of the Act of February 13, 1911), compensation
for overtime inspectional services provided for
under subsection (a) of such section 5, but not
to exceed 50 percent of any statutory maximum
in overtime pay for customs officers which is
in effect for the year involved;
(H) any amount received under section 5948
(relating to physicians comparability
allowances); and
(I) with respect to a border patrol agent,
the amount of supplemental pay received through
application of the level 1 border patrol rate
of pay or the level 2 border patrol rate of pay
for scheduled overtime within the regular tour
of duty of the border patrol agent as provided
in section 5550;
but does not include bonuses, allowances, overtime pay,
military pay, pay given in addition to the base pay of
the position as fixed by law or regulation except as
provided by subparagraphs (B) through (I) of this
paragraph retroactive pay under section 5344 of this
title in the case of a retired or deceased employee,
uniform allowances under section 5901 of this title, or
lump-sum leave payments under subchapter VI of chapter
55 of this title. For an employee paid on a fee basis,
the maximum amount of basic pay which may be used is
$10,000;
(4) ``average pay'' means the largest annual rate
resulting from averaging an employee's or Member's
rates of basic pay in effect over any 3 consecutive
years of creditable service or, in the case of an
annuity under subsection (d) or (e)(1) of section 8341
of this title based on service of less than 3 years,
over the total service, with each rate weighted by the
time it was in effect;
(5) ``Fund'' means the Civil Service Retirement and
Disability Fund;
(7) ``Government'' means the Government of the United
States, the government of the District of Columbia,
Gallaudet University, and, in the case of an employee
described in paragraph (1)(L), a nonappropriated fund
instrumentality of the Department of Defense or the
Coast Guard described in section 2105(c);
(8) ``lump-sum credit'' means the unrefunded amount
consisting of--
(A) retirement deductions made from the basic
pay of an employee or Member;
(B) amounts deposited by an employee or
Member covering earlier service, including any
amounts deposited under section 8334(j) of this
title; and
(C) interest on the deductions and deposits
at 4 percent a year to December 31, 1947, and 3
percent a year thereafter compounded annually
to December 31, 1956, or, in the case of an
employee or Member separated or transferred to
a position in which he does not continue
subject to this subchapter before he has
completed 5 years of civilian service, to the
date of the separation or transfer;
but does not include interest--
(i) if the service covered thereby aggregates
1 year or less; or
(ii) for the fractional part of a month in
the total service;
(9) ``annuitant'' means a former employee or Member
who, on the basis of his service, meets all
requirements of this subchapter for title to annuity
and files claim therefor;
(10) ``survivor'' means an individual entitled to
annuity under this subchapter based on the service of a
deceased employee, Member, or annuitant;
(11) ``survivor annuitant'' means a survivor who
files claim for annuity;
(12) ``service'' means employment creditable under
section 8332 of this title;
(13) ``military service'' means honorable active
service--
(A) in the armed forces;
(B) in the Regular or Reserve Corps of the
Public Health Service after June 30, 1960; or
(C) as a commissioned officer of the
Environmental Science Services Administration
after June 30, 1961;
and includes service as a cadet at the United States
Military Academy, the United States Air Force Academy,
or the United States Coast Guard Academy, or as a
midshipman at the United States Naval Academy, but does
not include service in the National Guard except when
ordered to active duty in the service of the United
States or full-time National Guard duty (as such term
is defined in section 101(d) of title 10) if such
service interrupts creditable civilian service under
this subchapter and is followed by reemployment in
accordance with chapter 43 of title 38 that occurs on
or after August 1, 1990;
(14) ``Member service'' means service as a Member and
includes the period from the date of the beginning of
the term for which elected or appointed to the date on
which he takes office as a Member;
(15) ``price index'' means the Consumer Price Index
(all items - United States city average) published
monthly by the Bureau of Labor Statistics;
(16) ``base month'' means the month for which the
price index showed a percent rise forming the basis for
a cost-of-living annuity increase;
(17) ``normal-cost percentage'' means the entry-age
normal cost computed by the Office of Personnel
Management in accordance with generally accepted
actuarial practice and standards (using dynamic
assumptions) and expressed as a level percentage of
aggregate basic pay;
(18) ``Fund balance'' means the current net assets of
the Fund available for payment of benefits, as
determined by the Office in accordance with appropriate
accounting standards, but does not include any amount
attributable to--
(A) the Federal Employees' Retirement System;
or
(B) contributions made under the Federal
Employees' Retirement Contribution Temporary
Adjustment Act of 1983 by or on behalf of any
individual who became subject to the Federal
Employees' Retirement System;
(19) ``unfunded liability'' means the estimated
excess of the present value of all benefits payable
from the Fund to employees and Members, and former
employees and Members, subject to this subchapter, and
to their survivors, over the sum of--
(A) the present value of deductions to be
withheld from the future basic pay of employees
and Members currently subject to this
subchapter and of future agency contributions
to be made in their behalf; plus
(B) the present value of Government payments
to the Fund under section 8348(f) of this
title; plus
(C) the Fund balance as of the date the
unfunded liability is determined;
(20) ``law enforcement officer'' means an employee,
the duties of whose position are primarily the
investigation, apprehension, or detention of
individuals suspected or convicted of offenses against
the criminal laws of the United States, including an
employee engaged in this activity who is transferred to
a supervisory or administrative position. For the
purpose of this paragraph, ``detention'' includes the
duties of--
(A) employees of the Bureau of Prisons and
Federal Prison Industries, Incorporated;
(B) employees of the Public Health Service
assigned to the field service of the Bureau of
Prisons or of the Federal Prison Industries,
Incorporated;
(C) employees in the field service at Army or
Navy disciplinary barracks or at confinement
and rehabilitation facilities operated by any
of the armed forces; and
(D) employees of the Department of
Corrections of the District of Columbia, its
industries and utilities;
whose duties in connection with individuals in
detention suspected or convicted of offenses against
the criminal laws of the United States or of the
District of Columbia or offenses against the punitive
articles of the Uniformed Code of Military Justice
(chapter 47 of title 10) require frequent (as
determined by the appropriate administrative authority
with the concurrence of the Office) direct contact with
these individuals in their detention, direction,
supervision, inspection, training, employment, care,
transportation, or rehabilitation;
(21) ``firefighter'' means an employee, the duties of
whose position are primarily to perform work directly
connected with the control and extinguishment of fires
or the maintenance and use of firefighting apparatus
and equipment, including an employee engaged in this
activity who is transferred to a supervisory or
administrative position;
(22) ``bankruptcy judge'' means an individual--
(A) who is appointed under section 34 of the
Bankruptcy Act (11 U.S.C. 62) or under section
404(d) of the Act of November 6, 1978 (Public
Law 95-598; 92 Stat. 2549), and--
(i) who is serving as a United States
bankruptcy judge on March 31, 1984; or
(ii) whose service as a United States
bankruptcy judge at any time in the
period beginning on October 1, 1979,
and ending on July 10, 1984, is
terminated by reason of death or
disability; or
(B) who is appointed as a bankruptcy judge
under section 152 of title 28;
(23) ``former spouse'' means a former spouse of an
individual--
(A) if such individual performed at least 18
months of civilian service covered under this
subchapter as an employee or Member, and
(B) if the former spouse was married to such
individual for at least 9 months;
(24) ``Indian court'' means an Indian court as
defined by section 201(3) of the Act entitled ``An Act
to prescribe penalties for certain acts of violence or
intimidation, and for other purposes'', approved April
11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77);
(25) ``magistrate judge'' or ``United States
magistrate judge'' means an individual appointed under
section 631 of title 28;
(26) ``Court of Federal Claims judge'' means a judge
of the United States Court of Federal Claims who is
appointed under chapter 7 of title 28 or who has served
under section 167 of the Federal Courts Improvement Act
of 1982;
(27) ``Nuclear materials courier''--
(A) means an employee of the Department of
Energy, the duties of whose position are
primarily to transport, and provide armed
escort and protection during transit of,
nuclear weapons, nuclear weapon components,
strategic quantities of special nuclear
materials or other materials related to
national security; and
(B) includes an employee who is transferred
directly to a supervisory or administrative
position within the same Department of Energy
organization, after performing duties referred
to in subparagraph (A) for at least 3 years;
(28) ``Government physician'' has the meaning given
that term under section 5948;
(29) ``dynamic assumptions'' means economic
assumptions that are used in determining actuarial
costs and liabilities of a retirement system and in
anticipating the effects of long-term future--
(A) investment yields;
(B) increases in rates of basic pay; and
(C) rates of price inflation;
(30) the term ``air traffic controller'' or
``controller'' means--
(A) a controller within the meaning of
section 2109(1); and
(B) a civilian employee of the Department of
Transportation or the Department of Defense who
is the immediate supervisor of a person
described in section 2109(1)(B);
(31) ``customs and border protection officer'' means
an employee in the Department of Homeland Security (A)
who holds a position within the GS-1895 job series
(determined applying the criteria in effect as of
September 1, 2007) or any successor position, and (B)
whose duties include activities relating to the arrival
and departure of persons, conveyances, and merchandise
at ports of entry, including any such employee who is
transferred directly to a supervisory or administrative
position in the Department of Homeland Security after
performing such duties (as described in subparagraph
(B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years; and
(32) ``Director'' means the Director of the Office of
Personnel Management.
* * * * * * *
CHAPTER 87--LIFE INSURANCE
* * * * * * *
Sec. 8701. Definitions
(a) For the purpose of this chapter, ``employee'' means--
(1) an employee as defined by section 2105 of this
title;
(2) a Member of Congress as defined by section 2106
of this title;
(3) a Congressional employee as defined by section
2107 of this title;
(4) the President;
(5) a justice or judge of the United States appointed
to hold office during good behavior (i) who is in
regular active judicial service, or (ii) who is retired
from regular active service under section 371(b) or
372(a) of title 28, United States Code, or (iii) who
has resigned the judicial office under section 371(a)
of title 28 with the continued right during the
remainder of his lifetime to receive the salary of the
office at the time of his resignation;
(6) an individual first employed by the government of
the District of Columbia before October 1, 1987;
(7) an individual employed by Gallaudet College;
(8) an individual employed by a county committee
established under section 590h(b) of title 16;
(9) an individual appointed to a position on the
office staff of a former President under section [1(b)]
1(f) of the Act of August 25, 1958 (72 Stat. 838); and
(10) an individual appointed to a position on the
office staff of a former President, or a former Vice
President under section 5 of the Presidential
Transition Act of 1963, as amended (78 Stat. 153), who
immediately before the date of such appointment was an
employee as defined under any other paragraph of this
subsection;
but does not include--
(A) an employee of a corporation supervised by the
Farm Credit Administration if private interests elect
or appoint a member of the board of directors;
(B) an individual who is not a citizen or national of
the United States and whose permanent duty station is
outside the United States, unless the individual was an
employee for the purpose of this chapter on September
30, 1979, by reason of service in an Executive agency,
the United States Postal Service, or the Smithsonian
Institution in the area which was then known as the
Canal Zone; or
(C) an employee excluded by regulation of the Office
of Personnel Management under section 8716(b) of this
title.
(b) Notwithstanding subsection (a) of this section, the
employment of a teacher in the recess period between two school
years in a position other than a teaching position in which he
served immediately before the recess period does not qualify
the individual as an employee for the purpose of this chapter.
For the purpose of this subsection, ``teacher'' and ``teaching
position'' have the meanings given them by section 901 of title
20.
(c) For the purpose of this chapter, ``basic insurance
amount'' means, in the case of any employee under this chapter,
an amount equal to the greater of--
(1) the annual rate of basic pay payable to the
employee, rounded to the next higher multiple of
$1,000, plus $2,000, or
(2) $10,000.
In the case of any former employee entitled to coverage under
this chapter, the term means the basic insurance amount
applicable for the employee at the time the insurance to which
the employee is entitled as an employee under this chapter
stops pursuant to section 8706(a) of this title.
(d)(1) For the purpose of this chapter, ``family member'',
when used with respect to any individual, means--
(A) the spouse of the individual; and
(B) an unmarried dependent child of the individual
(other than a stillborn child), including an adopted
child, stepchild or foster child (but only if the
stepchild or foster child lived with the individual in
a regular parent-child relationship), or recognized
natural child--
(i) who is less than 22 years of age, or
(ii) who is 22 years of age or older and is
incapable of self-support because of a mental
or physical disability which existed before the
child became 22 years of age.
(2) For the purpose of this subsection, ``dependent'', in the
case of any child, means that the individual involved was, at
the time of the child's death, either living with or
contributing to the support of the child, as determined in
accordance with the regulations the Office shall prescribe.
* * * * * * *
CHAPTER 89--HEALTH INSURANCE
* * * * * * *
Sec. 8901. Definitions
For the purpose of this chapter--
(1) ``employee'' means--
(A) an employee as defined by section 2105 of
this title;
(B) a Member of Congress as defined by
section 2106 of this title;
(C) a Congressional employee as defined by
section 2107 of this title;
(D) the President;
(E) an individual first employed by the
government of the District of Columbia before
October 1, 1987;
(F) an individual employed by Gallaudet
College;
(G) an individual employed by a county
committee established under section 590h(b) of
title 16;
(H) an individual appointed to a position on
the office staff of a former President under
section [1(b)] 1(f) of the Act of August 25,
1958 (72 Stat. 838);
(I) an individual appointed to a position on
the office staff of a former President, or a
former Vice President under section 5 of the
Presidential Transition Act of 1963, as amended
(78 Stat. 153), who immediately before the date
of such appointment was an employee as defined
under any other subparagraph of this paragraph;
and
(J) an individual who is employed by the
Roosevelt Campobello International Park
Commission and is a citizen of the United
States,
but does not include--
(i) an employee of a corporation supervised
by the Farm Credit Administration if private
interests elect or appoint a member of the
board of directors;
(ii) an individual who is not a citizen or
national of the United States and whose
permanent duty station is outside the United
States, unless the individual was an employee
for the purpose of this chapter on September
30, 1979, by reason of service in an Executive
agency, the United States Postal Service, or
the Smithsonian Institution in the area which
was then known as the Canal Zone;
(iii) an employee of the Tennessee Valley
Authority; or
(iv) an employee excluded by regulation of
the Office of Personnel Management under
section 8913(b) of this title;
(2) ``Government'' means the Government of the United
States and the government of the District of Columbia;
(3) ``annuitant'' means--
(A) an employee who retires--
(i) on an immediate annuity under
subchapter III of chapter 83 of this
title, or another retirement system for
employees of the Government, after 5 or
more years of service;
(ii) under section 8412 or 8414 of
this title;
(iii) for disability under subchapter
III of chapter 83 of this title,
chapter 84 of this title, or another
retirement system for employees of the
Government; or
(iv) on an immediate annuity under a
retirement system established for
employees described in section 2105(c),
in the case of an individual who
elected under section 8347(q)(2) or
8461(n)(2) to remain subject to such a
system;
(B) a member of a family who receives an
immediate annuity as the survivor of an
employee (including a family member entitled to
an amount under section 8442(b)(1)(A), whether
or not such family member is entitled to an
annuity under section 8442(b)(1)(B)) or of a
retired employee described by subparagraph (A)
of this paragraph;
(C) an employee who receives monthly
compensation under subchapter I of chapter 81
of this title and who is determined by the
Secretary of Labor to be unable to return to
duty; and
(D) a member of a family who receives monthly
compensation under subchapter I of chapter 81
of this title as the surviving beneficiary of--
(i) an employee who dies as a result
of injury or illness compensable under
that subchapter; or
(ii) a former employee who is
separated after having completed 5 or
more years of service and who dies
while receiving monthly compensation
under that subchapter and who has been
held by the Secretary to have been
unable to return to duty;
(4) ``service'', as used by paragraph (3) of this
section, means service which is creditable under
subchapter III of chapter 83 or chapter 84 of this
title;
(5) ``member of family'' means the spouse of an
employee or annuitant and an unmarried dependent child
under 22 years of age, including--
(A) an adopted child or recognized natural
child; and
(B) a stepchild or foster child but only if
the child lives with the employee or annuitant
in a regular parent-child relationship;
or such an unmarried dependent child regardless of age
who is incapable of self-support because of mental or
physical disability which existed before age 22;
(6) ``health benefits plan'' means a group insurance
policy or contract, medical or hospital service
agreement, membership or subscription contract, or
similar group arrangement provided by a carrier for the
purpose of providing, paying for, or reimbursing
expenses for health services;
(7) ``carrier'' means a voluntary association,
corporation, partnership, or other nongovernmental
organization which is lawfully engaged in providing,
paying for, or reimbursing the cost of, health services
under group insurance policies or contracts, medical or
hospital service agreements, membership or subscription
contracts, or similar group arrangements, in
consideration of premiums or other periodic charges
payable to the carrier, including a health benefits
plan duly sponsored or underwritten by an employee
organization and an association of organizations or
other entities described in this paragraph sponsoring a
health benefits plan;
(8) ``employee organization'' means--
(A) an association or other organization of
employees which is national in scope, or in
which membership is open to all employees of a
Government agency who are eligible to enroll in
a health benefits plan under this chapter and
which, after December 31, 1978, and before
January 1, 1980, applied to the Office for
approval of a plan provided under section
8903(3) of this title; and
(B) an association or other organization
which is national in scope, in which membership
is open only to employees, annuitants, or
former spouses, or any combination thereof, and
which, during the 90-day period beginning on
the date of enactment of section 8903a of this
title, applied to the Office for approval of a
plan provided under such section;
(9) ``dependent'', in the case of any child, means
that the employee or annuitant involved is either
living with or contributing to the support of such
child, as determined in accordance with such
regulations as the Office shall prescribe;
(10) ``former spouse'' means a former spouse of an
employee, former employee, or annuitant--
(A) who has not remarried before age 55 after
the marriage to the employee, former employee,
or annuitant was dissolved,
(B) who was enrolled in an approved health
benefits plan under this chapter as a family
member at any time during the 18-month period
before the date of the dissolution of the
marriage to the employee, former employee, or
annuitant, and
(C)(i) who is receiving any portion of an
annuity under section 8345(j) or 8467 of this
title or a survivor annuity under section
8341(h) or 8445 of this title (or benefits
similar to either of the aforementioned annuity
benefits under a retirement system for
Government employees other than the Civil
Service Retirement System or the Federal
Employees' Retirement System),
(ii) as to whom a court order or decree
referred to in section 8341(h), 8345(j), 8445,
or 8467 of this title (or similar provision of
law under any such retirement system other than
the Civil Service Retirement System or the
Federal Employees' Retirement System) has been
issued, or for whom an election has been made
under section 8339(j)(3) or 8417(b) of this
title (or similar provision of law), or
(iii) who is otherwise entitled to an annuity
or any portion of an annuity as a former spouse
under a retirement system for Government
employees,
except that such term shall not include any such
unremarried former spouse of a former employee whose
marriage was dissolved after the former employee's
separation from the service (other than by retirement);
and
(11) ``qualified clinical social worker'' means an
individual--
(A) who is licensed or certified as a
clinical social worker by the State in which
such individual practices; or
(B) who, if such State does not provide for
the licensing or certification of clinical
social workers--
(i) is certified by a national
professional organization offering
certification of clinical social
workers; or
(ii) meets equivalent requirements
(as prescribed by the Office).
* * * * * * *
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PRESIDENTIAL TRANSITION ACT OF 1963
* * * * * * *
services and facilities authorized to be provided to former presidents
and former vice presidents
Sec. 5. The Administrator is authorized to provide, upon
request to each former President and each former Vice
President, for a period not to exceed seven months from 30 days
before the date of the expiration of his term of office as
President or Vice President, for use in connection with winding
up the affairs of his office, necessary, services and
facilities of the same general character as authorized by this
Act to be provided to Presidents-elect and Vice-Presidents-
elect. Any person appointed or detailed to serve a former
President or former Vice President under authority of this
section shall be appointed or detailed in accordance with, and
shall be subject to, all of the provisions of section 3 of this
Act applicable to persons appointed or detailed under authority
of that section. [The provisions of the Act of August 25, 1958
(72 Stat. 838; 3 U.S.C. 102, note), other than subsections (a)
and (e) shall not become effective with respect to a former
President until six months after the expiration of his term of
office as President.]
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