I 

108TH CONGRESS 

2D SESSION H. R. 4324

To amend title 5, United States Code, to eliminate the provisions limiting 

certain election opportunities available to individuals participating in 

the Thrift Savings Plan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2004

Mr. TOM DAVIS of Virginia (for himself, Mrs. JO ANN DAVIS of Virginia, and 

Mr. MURPHY) introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL

To amend title 5, United States Code, to eliminate the provisions limiting certain election opportunities available to 

individuals participating in the Thrift Savings Plan, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONTRIBUTIONS TO THE THRIFT SAVINGS 

4 FUND. 

5 (a) ELIMINATION OF PROVISIONS LIMITING ELEC6 TION OPPORTUNITIES.—Section 8432(b) of title 5, United 

7 States Code, is amended—

8 (1) by striking paragraphs (2), (3), and (4); 
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1 (2) by redesignating paragraph (1)(A) as para2 graph (1) and paragraph (1)(B) as paragraph (2); 

3 (3) in paragraph (1) (as so redesignated), by 

4 striking ‘‘shall be afforded a reasonable period every 

5 6 months’’ and inserting ‘‘shall, in any pay period, 

6 be allowed’’; and 

7 (4) in paragraph (2) (as so redesignated), by 

8 striking ‘‘subparagraph (A) (or any election allow9 able by virtue of paragraph (4))’’ and inserting 

10 ‘‘paragraph (1)’’. 

11 (b) SIMPLIFICATION OF PROVISIONS RELATING TO

12 AGENCY AUTOMATIC 1 PERCENT CONTRIBUTIONS GEN13 ERALLY.—Section 8432(c)(1) of title 5, United States 

14 Code, is amended—

15 (1) by striking ‘‘(c)(1)(A)’’ and inserting 

16 ‘‘(c)(1)’’; 

17 (2) by striking subparagraphs (B) and (C); and 

18 (3) by striking ‘‘At the time’’ and all that fol19 lows through ‘‘the employing agency’’ and inserting 

20 ‘‘At the time prescribed by the Executive Director in 

21 regulations, but no later than 12 days after the end 

22 of each pay period that applies with respect to an 

23 employee or Member, the employing agency’’. 

24 (c) SIMPLIFICATION OF PROVISIONS RELATING TO

25 AGENCY MATCHING CONTRIBUTIONS GENERALLY.—Sec-
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1 tion 8432(c)(2) of title 5, United States Code, is amended 

2 by striking subparagraph (C). 

3 (d) ELIMINATION OF OBSOLETE PROVISIONS RELAT4 ING TO CERTAIN MAKEUP 1 PERCENT CONTRIBU5 TIONS.—Section 8432 of title 5, United States Code, is 

6 amended—

7 (1) by striking paragraph (3) of subsection (c); 

8 and 

9 (2) by striking the second sentence of sub10 section (d). 

11 SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. 

12 (a) PROVISIONS RELATING TO RETROACTIVE

13 USERRA MAKEUP CONTRIBUTIONS.—Section 8432(i) of 

14 title 5, United States Code, is amended—

15 (1) in paragraph (1)(B), by striking all that fol16 lows ‘‘as referred to in’’ and inserting ‘‘section 

17 8432b(b)(2)(B)), is eligible to make an election de18 scribed in subsection (b)(1).’’; and 

19 (2) in paragraph (2), by striking all that follows 

20 ‘‘would be allowable’’ and inserting ‘‘under sub21 section (b).’’. 

22 (b) PROVISIONS RELATING TO TIMELY DISSEMINA23 TION OF INFORMATION.—Section 8439(c)(2) of title 5, 

24 United States Code, is amended—
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1 (1) in the first sentence, by striking ‘‘at least 

2 30 calendar days before the beginning of each elec3 tion period under section 8432(b)(1)(A) of this title, 

4 and’’; and 

5 (2) by striking the second sentence. 

6 (c) PROVISIONS RELATING TO CERTAIN GROUPS OF

7 PARTICIPANTS.—

8 (1) CIVILIAN PERSONNEL.—Sections 8351, 

9 8440a, 8440b, 8440c, and 8440d of title 5, United 

10 States Code, are each amended in subsection (a)—

11 (A) by striking paragraph (2); and 

12 (B) by striking ‘‘(a)(1)’’ and inserting 

13 ‘‘(a)’’. 

14 (2) MEMBERS OF THE UNIFORMED SERV15 ICES.—Section 8440e of title 5, United States Code, 

16 is amended in subsection (b)—

17 (A) by striking paragraph (2); and 

18 (B) by striking ‘‘(b)(1)’’ and inserting 

19 ‘‘(b)’’. 

20 SEC. 3. EFFECTIVE DATE; SAVINGS PROVISIONS. 

21 (a) EFFECTIVE DATE.—This Act shall take effect as 

22 of such date as the Executive Director may by regulation 

23 prescribe, but in no event later than 1 year after the date 

24 of the enactment of this Act. 
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1 (b) SAVINGS PROVISIONS.—The Executive Director 

2 shall prescribe regulations to ensure that provisions com3 parable to those repealed by subsections (b)(2), (c), and 

4 (d) of section 1 remain in effect for as long as necessary 

5 so that no person will be denied any benefit for which such 

6 person would have been eligible had those provisions not 

7 been so repealed. 

8 (c) DEFINITION.—For purposes of this section, the 

9 term ‘‘Executive Director’’ means the Executive Director 

10 appointed by the Federal Retirement Thrift Investment 

11 Board under section 8474 of title 5, United States Code.

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