Page:United States Statutes at Large Volume 105 Part 2.djvu/440

 105 STAT. 1392 PUBLIC LAW 102-190—DEC. 5, 1991 "(k)(l) If warranted by circumstances described in subsection (i)(l) (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. "(1)(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 (2) Section 8344(i)(3) of title 5, United States Code, is repealed.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' RETIRE - MENT 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 (fid) (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.

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