Sec. 102. EXECUTIVE DIRECTOR AND STAFF OF AUTHORITY

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## SEC. 102 EXECUTIVE DIRECTOR AND STAFF OF AUTHORITY ###

(a)Executive Director The Authority shall have an Executive Director who shall be appointed by the Chair with the consent of the Authority. The Executive Director shall be paid at a rate determined by the Authority, except that such rate may not exceed the rate of basic pay payable for level IV of the Executive Schedule. ###

(b)Staff With the approval of the Chair, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director. ###

(c)Inapplicability of Certain Employment and Procurement Laws ####

(1)Civil service laws The Executive Director and staff of the Authority may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. ####

(2)District employment and procurement laws The Executive Director and staff of the Authority may be appointed and paid without regard to the provisions of the District of Columbia Code governing appointments and salaries. The provisions of the District of Columbia Code governing procurement shall not apply to the Authority. ###

(d)Staff of Federal Agencies Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or non-reimbursable basis, any of the personnel of that department or agency to the Authority to assist it in carrying out its duties under this Act. ###

(e)Preservation of Retirement and Certain Other Rights of Federal Employees Who Become Employed by the Authority ####

(1)In general Any Federal employee who becomes employed by the Authority— #####

(A)may elect, for the purposes set forth in paragraph (2)(A), to be treated, for so long as that individual remains continuously employed by the Authority, as if such individual had not separated from service with the Federal Government, subject to paragraph (3); and #####

(B)shall, if such employee subsequently becomes reemployed by the Federal Government, be entitled to have such individual's service with the Authority treated, for purposes of determining the appropriate leave accrual rate, as if it had been service with the Federal Government. ####

(2)Effect of an election An election made by an individual under the provisions of paragraph (1)(A)— #####

(A)shall qualify such individual for the treatment described in such provisions for purposes of— ######

(i)chapter 83 or 84 of title 5, United States Code, as appropriate (relating to retirement), including the Thrift Savings Plan; ######

(ii)chapter 87 of such title (relating to life insurance); and ######

(iii)chapter 89 of such title (relating to health insurance); and #####

(B)shall disqualify such individual, while such election remains in effect, from participating in the programs offered by the government of the District of Columbia (if any) corresponding to the respective programs referred to in subparagraph (A). ####

(3)Conditions for an election to be effective An election made by an individual under paragraph (1)(A) shall be ineffective unless— #####

(A)it is made before such individual separates from service with the Federal Government; and #####

(B)such individual's service with the Authority commences within 3 days after so separating (not counting any holiday observed by the government of the District of Columbia). ####

(4)Contributions If an individual makes an election under paragraph (1)(A), the Authority shall, in accordance with applicable provisions of law referred to in paragraph (2)(A), be responsible for making the same deductions from pay and the same agency contributions as would be required if it were a Federal agency. ####

(5)Regulations Any regulations necessary to carry out this subsection shall be prescribed in consultation with the Authority by— #####

(A)the Office of Personnel Management, to the extent that any program administered by the office is involved; #####

(B)the appropriate office or agency of the government of the District of Columbia, to the extent that any program administered by such office or agency is involved; and #####

(C)the Executive Director referred to in section 8474 of title 5, United States Code, to the extent that the Thrift Savings Plan is involved. ###

(f)Federal Benefits for Others ####

(1)In general The Office of Personnel Management, in conjunction with each corresponding office or agency of the government of the District of Columbia and in consultation with the Authority, shall prescribe regulations under which any individual who becomes employed by the Authority (under circumstances other than as described in subsection (e)) may elect either— #####

(A)to be deemed a Federal employee for purposes of the programs referred to in subsection (e)(2)(A) (i)–(iii); or #####

(B)to participate in 1 or more of the corresponding programs offered by the government of the District of Columbia. ####

(2)Effect of an election An individual who elects the option under subparagraph

(A)or

(B)of paragraph

(1)shall be disqualified, while such election remains in effect, from participating in any of the programs referred to in the other such subparagraph. ####

(3)Definition of “corresponding office or agency”.—For purposes of paragraph (1), the term “**corresponding office or agency of the government of the District of Columbia**” means, with respect to any program administered by the Office of Personnel Management, the office or agency responsible for administering the corresponding program (if any) offered by the government of the District of Columbia. ####

(4)Thrift savings plan To the extent that the Thrift Savings Plan is involved, the preceding provisions of this subsection shall be applied by substituting “the Executive Director referred to in section 8474 of title 5, United States Code” for “the Office of Personnel Management”.