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(2) The right to be paid a retention allowance in a lump sum in compliance with paragraphs (1) and (2) of section 5754(b) of title 5, United States Code, if the employee meets the requirements of section 5754(a) of that title, except that the retention allowance may exceed 25 percent, but may not be more than 30 percent, of the employee's rate of basic pay.

(e) AGREEMENT.-An eligible employee of the Department of Energy provided an incentive under this section shall enter into an agreement with the Secretary to remain employed at the closure facility at which the employee is employed as of the date of the agreement until a specific date or for a specific period of time.

(f) VIOLATION OF AGREEMENT. (1) Except as provided_under paragraph (3), an eligible employee of the Department of Energy who violates an agreement under subsection (e), or is dismissed for cause, shall forfeit eligibility for any incentives under this section as of the date of the violation or dismissal, as the case may be.

(2) Except as provided under paragraph (3), an eligible employee of the Department of Energy who is paid a retention allowance under subsection (d)(2) and who violates an agreement under subsection (e), or is dismissed for cause, before the end of the period or date of employment agreed upon under such agreement shall refund to the United States an amount that bears the same ratio to the aggregate amount so paid to or received by the employee as the unserved part of such employment bears to the total period of employment agreed upon under such agreement.

(3) The Secretary may waive the applicability of paragraph (1) or (2) to an employee otherwise covered by such paragraph if the Secretary determines that there is good and sufficient reason for the waiver.

(g) REPORT.-The Secretary shall include in each report on a closure project under section 3143(h) of the National Defense Authorization Act for Fiscal Year 1997 a report on the incentives, if any, provided under this section with respect to the project for the period covered by such report.

(h) AUTHORITY WITH RESPECT TO HEALTH COVERAGE. [Omitted-Amendment]

(i) AUTHORITY WITH RESPECT TO VOLUNTARY SEPARATIONS.— (1) The Secretary may

(A) separate from service any employee at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n) who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and

(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force.

(2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force. (3) An employee with critical knowledge and skills (as defined by the Secretary) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary determines that such par

ticipation would impair the performance of the mission of the Department of Energy.

(j) TERMINATION.-The authority to provide incentives under this section terminates on March 31, 2007.

8. ARMED FORCES RETIREMENT HOME

a. Armed Forces Retirement Home Act of 1991
(Title XV of Public Law 101-510; Nov. 5, 1990)

TITLE XV-ARMED FORCES RETIREMENT HOME 1

Sec. 1501. Short title.

Sec. 1502. Definitions.

PART A-ESTABLISHMENT AND OPERATION OF RETIREMENT HOME

Sec. 1511. Establishment of the Armed Forces Retirement Home.
Sec. 1512. Residents of Retirement Home.

Sec. 1513. Services provided residents.

Sec. 1514. Fees paid by residents.

Sec. 1515. Composition and operation of Retirement Home Board.
Sec. 1516. Duties of Retirement Home Board.

Sec. 1517. Directors and staff.

Sec. 1518. Inspection by Inspector General of the Department of Defense.
Sec. 1519. Retirement Home Trust Fund.

Sec. 1520. Disposition of effects of deceased persons; unclaimed property.

Sec. 1521. Payment of residents for services.

Sec. 1522. Authority to accept certain uncompensated services.

Sec. 1523. Preservation of historic buildings and grounds at United States Soldiers' and Airmen's Home.

Sec. 1524. Conditional supervisory control of Retirement Home Board by Secretary of Defense.

PART B-TRANSITIONAL PROVISIONS

Sec. 1531. Transfer of trust funds relating to the Naval Home and the Soldiers' and Airmen's Home.

Sec. 1532. Repeal of provisions relating to the Naval Home and the United States Soldiers' and Airmen's Home.

Sec. 1533. Conforming amendments.

PART C-EFFECTIVE DATE AND AUTHORIZATION OF APPROPRIATIONS

Sec. 1541. Effective date.

Sec. 1542. Authorization of appropriations for the United States Soldiers' and Airmen's Home.

TITLE XV-ARMED FORCES RETIREMENT HOME

SEC. 1501. [24 U.S.C 401 note] SHORT TITLE

This title may be cited as the "Armed Forces Retirement Home Act of 1991".

SEC. 1502. [24 U.S.C. 401] DEFINITIONS

For purposes of this title:

(1) The term "Retirement Home" means the Armed Forces Retirement Home established under section 1511(a).

'The table of contents is not part of the Act but is added for the convenience of the reader.

(2) The term "Retirement Home Board" means the Armed Forces Retirement Home Board.

(3) The term "Local Board" means a Board of Trustees established for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes.

(4) The term "Director" means a Director of the Armed Forces Retirement Home appointed under section 1517(a).

(5) The term "Fund" means the Armed Forces Retirement Home Trust Fund established under section 1519(a).

(6) The term "Armed Forces" does not include the Coast Guard when it is not operating as a service in the Navy. (7) The term "chief personnel officers" means

(A) the Deputy Chief of Staff for Personnel of the Army;

(B) the Chief of Naval Personnel;

(C) the Deputy Chief of Staff, Manpower and Personnel of the Air Force; and

(D) the Deputy Commandant of the Marine Corps with responsibility for personnel matters.

(8) The term "senior noncommissioned officers" means the following:

(A) The Sergeant Major of the Army.

(B) The Master Chief Petty Officer of the Navy.
(C) The Chief Master Sergeant of the Air Force.
(D) The Sergeant Major of the Marine Corps.

Part A-Establishment and Operation of Retirement Home
SEC. 1511. [24 U.S.C. 411] ESTABLISHMENT OF THE ARMED FORCES
RETIREMENT HOME

(a) INCLUSION OF EXISTING HOMES.-The United States Soldiers' and Airmen's Home and the Naval Home are hereby incorporated into an independent establishment in the Executive branch of the Federal Government to be known as the Armed Forces Retirement Home.

(b) PURPOSE.-The purpose of the Retirement Home is to provide, through the United States Soldiers' and Airmen's Home and the Naval Home, a residence and related services for certain retired and former members of the Armed Forces.

(c) OPERATION.-Each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes shall be operated by a Director under the overall supervision of the Armed Forces Retirement Home Board.

(d) PROPERTY AND FACILITIES. (1) The Retirement Home shall consist of such property and facilities as may be transferred to the Retirement Home or acquired by the Retirement Home Board for inclusion in the Retirement Home.

(2) On the effective date specified in section 1541(a), the property and facilities known and operated as the Naval Home and the United States Soldiers' and Airmen's Home shall be transferred to, and made a part of, the Retirement Home.

(e) DEPARTMENT OF DEFENSE SUPPORT.-The Secretary of Defense may make available to the Retirement Home, on a nonreimbursable basis, administrative support and office services,

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