106TH CONGRESS

2D SESSION S. 2915

AMENDMENTS

In the House of Representatives, U. S.,

October 25, 2000.

Resolved, That the bill from the Senate (S. 2915) entitled ‘‘An Act to make improvements in the operation and administration of the Federal courts, and for other purposes’’,

do pass with the following

AMENDMENTS:

Ω1æStrike section 103, and redesignate the remaining sections and table of contents accordingly.

Ω2æPage 9, line 22, strike øsubsection; or¿ and insert: subsection, or

Ω3æPage 10, line 6, strike øsubsection;¿ and insert: subsection,

Ω4æPage 10, line 9, strike øjudge; or¿ and insert: judge, or

Ω5æPage 25, beginning on line 21, strike ø‘‘(b) For purposes

of constructing¿ and all that follows through ødate of retirement.¿ on page 26, line 6, and insert:
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1 ‘‘(b)(1)(A) For purposes of construing and applying

2 chapter 89 of title 5, a judge of the United States Court

3 of Federal Claims who—

4 ‘‘(i) is retired under subsection (b) of section 178

5 of this title, and

6 ‘‘(ii) at the time of becoming such a retired

7 judge—

8 ‘‘(I) was enrolled in a health benefits plan

9 under chapter 89 of title 5, but

10 ‘‘(II) did not satisfy the requirements of sec11 tion 8905(b)(1) of title 5 (relating to eligibility

12 to continue enrollment as an annuitant),

13 shall be deemed to be an annuitant meeting the require14 ments of section 8905(b)(1) of title 5, in accordance with

15 the succeeding provisions of this paragraph, if the judge

16 gives timely written notification to the chief judge of the

17 court that the judge is willing to be called upon to perform

18 judicial duties under section 178(d) of this title during the

19 period of continued eligibility for enrollment, as described

20 in subparagraph (B)(ii) or (C)(ii) (whichever applies).

21 ‘‘(B) Except as provided in subparagraph (C)—

22 ‘‘(i) in order to be eligible for continued enroll23 ment under this paragraph, notification under sub24 paragraph (A) shall be made before the first day of
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1 the open enrollment period preceding the calendar

2 year referred to in clause (ii)(II); and

3 ‘‘(ii) if such notification is timely made, the re4 tired judge shall be eligible for continued enrollment

5 under this paragraph for the period—

6 ‘‘(I) beginning on the date on which eligi7 bility would otherwise cease, and

8 ‘‘(II) ending on the last day of the calendar

9 year next beginning after the end of the open en10 rollment period referred to in clause (i).

11 ‘‘(C) For purposes of applying this paragraph for the

12 first time in the case of any particular judge—

13 ‘‘(i) subparagraph (B)(i) shall be applied by sub14 stituting ‘the expiration of the term of office of the

15 judge’ for the matter following ‘before’; and

16 ‘‘(ii)(I) if the term of office of such judge expires

17 before the first day of the open enrollment period re18 ferred to in subparagraph (B)(i), the period of contin19 ued eligibility for enrollment shall be as described in

20 subparagraph (B)(ii); but

21 ‘‘(II) if the term of office of such judge expires

22 on or after the first day of the open enrollment period

23 referred to in subparagraph (B)(i), the period of con24 tinued eligibility shall not end until the last day of

25 the calendar year next beginning after the end of the
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1 next full open enrollment period beginning after the

2 date on which the term expires.

3 ‘‘(2) In the event that a retired judge remains enrolled

4 under chapter 89 of title 5 for a period of 5 consecutive

5 years by virtue of paragraph (1) (taking into account only

6 periods of coverage as an active judge immediately before

7 retirement and as a retired judge pursuant to paragraph

8 (1)), then, effective as of the day following the last day of

9 that 5-year period—

10 ‘‘(A) the provisions of chapter 89 of title 5 shall

11 be applied as if such judge had satisfied the require12 ments of section 8905(b)(1) on the last day of such pe13 riod; and

14 ‘‘(B) the provisions of paragraph (1) shall cease

15 to apply.

16 ‘‘(3) For purposes of this subsection, the term ‘open

17 enrollment period’ refers to a period described in section

18 8905(g)(1) of title 5.

Ω6æPage 26, line 23, strike ø6301(2)(xiii)¿ and insert:

6301(2)(B)(xiii)

Ω7æPage 29, beginning on line 8, strike ø(1) in subparagraph

(A),¿ and all that follows through øfirst’’.¿ on line 24, and

insert:
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1 (1) in subparagraph (A), in the matter following

2 clause (ii), by striking ‘‘or October 1, 2002, whichever

3 occurs first,’’; and

4 (2) in subparagraph (F)—

5 (A) in clause (i)—

6 (i) in subclause (II), by striking ‘‘or

7 October 1, 2002, whichever occurs first’’;

8 and

9 (ii) in the matter following subclause

10 (II)—

11 (I) by striking ‘‘October 1, 2003,

12 or’’; and

13 (II) by striking ‘‘, whichever oc14 curs first’’; and

15 (B) in clause (ii), in the matter following

16 subclause (II)—

17 (i) by striking ‘‘October 1, 2003, or’’;

18 and

19 (ii) by striking ‘‘, whichever occurs

20 first’’.

Attest:

Clerk.