WAIVER OF REDUCTION OF RETIRED PAY UNDER SPECIFIED CONDITIONS.

SEC. 655. WAIVER OF REDUCTION OF RETIRED PAY UNDER SPECIFIED CONDITIONS. (a) Amendments Relating to Dual Pay.—(1) Section 5532 of title 5, United States Code, is amended by adding at the end the following: “(h)(1) If warranted by circumstances described in subsection (g)(1) (A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (g) with respect to an employee of an Executive agency. 105 STAT. 1391 “(2) Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in section 451 of title 28. “(i)(1) If warranted by circumstances described in subsection (g)(1) (A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (g) with respect to an employee of an Executive agency. “(2) Authority under this subsection may be exercised— “(A) with respect to an employee of an agency in the legislative branch, by the head of such agency; “(B) with respect to an employee of the House of Representatives, by the Speaker of the House of Representatives; and “(C) with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate. “(3) Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Speaker of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection. “(j) for the purpose of subsections (g) through (i), ‘Executive agency’ shall not include the General Accounting Office.”. (2) Section 5531 of title 5, United States Code, is amended— (A) in paragraph (2) by striking “and” after the semicolon; (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding after paragraph (3) the following: “(4) ‘agency in the legislative branch’ means the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, and the Congressional Budget Office; “(5) ‘employee of the House of Representatives’ means a congressional employee whose pay is disbursed by the Clerk of the House of Representatives; “(6) ‘employee of the Senate’ means a congressional employee whose pay is disbursed by the Secretary of the Senate; and “(7) ‘congressional employee’ has the meaning given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch.”. (b) Amendments Relating to the Civil Service Retirement System.— (1) Section 8344 of title 5, United States Code, is amended by adding at the end the following: “(j)(1) If warranted by circumstances described in subsection (i)(1) (A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency. “(2) Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in section 451 of title 28. 105 STAT. 1392 “(k)(1) If warranted by circumstances described in subsection (i)(1) (A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency. “(2) Authority under this subsection may be exercised— “(A) with respect to an employee of an agency in the legislative branch, by the head of such agency; “(B) with respect to an employee of the House of Representatives, by the Speaker of the House of Representatives; and “(C) with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate. “(3) Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Speaker of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection. “(4) For the purpose of this subsection, ‘agency in the legislative branch’, ‘employee of the House of Representatives’, ‘employee of the Senate’, and ‘congressional employee’ each has the meaning given to it in section 5531 of this title. “(l)(1) For the purpose of subsections (i) through (k), ‘Executive agency’ shall not include the General Accounting Office. “(2) An employee as to whom a waiver under subsection (i), (j), or (k) is in effect shall not be considered an employee for purposes of this chapter or chapter 84 of this title.”. (2) Section 8344(i)(3) of title 5, United States Code, is repealed. (c) Amendments Relating to the Federal Employees’ Retirement System.—(1) Section 8468 of title 5, United States Code, is amended by adding at the end the following: “(g)(1) If warranted by circumstances described in subsection (f)(1) (A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency. “(2) Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in section 451 of title 28. “(h)(1) If warranted by circumstances described in subsection (f)(1) (A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency. “(2) Authority under this subsection may be exercised— “(A) with respect to an employee of an agency in the legislative branch, by the head of such agency; “(B) with respect to an employee of the House of Representatives, by the Speaker of the House of Representatives; and “(C) with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate. 105 STAT. 1393 “(3) Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Speaker of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection. “(4) For the purpose of this subsection, ‘agency in the legislative branch’, ‘employee of the House of Representatives’, ‘employee of the Senate', and ‘congressional employee’ each has the meaning given to it in section 5531 of this title. “(i)(1) For the purpose of subsections (f) through (h), ‘Executive agency’ shall not include the General Accounting Office. “(2) An employee as to whom a waiver under subsection (f), (g), or (h) is in effect shall not be considered an employee for purposes of this chapter or chapter 83 of this title.”. (2) Section 8468(f)(3) of title 5, United States Code, is repealed. (d) Reporting Requirement.—(1) For the purpose of this subsection, the term “agency in the legislative branch” has the meaning given such term by section 5531(4) of title 5, United States Code, as amended by subsection (a). (2) Each agency in the legislative branch shall submit to the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate, for each calendar year, a written report on how any authority made available as a result of the enactment of this section was used by such agency during the period covered by such report. (3) A report under this subsection— (A) shall include the number of instances in which each type of authority was exercised, the circumstances justifying the exercise of authority, and, unless previously submitted, a description of the policies and procedures governing each type of authority exercised; and (B) shall be submitted not later than 30 days after the end of the calendar year to which it relates.