In the Senate of the United States,
February 11 (legislative day, January 25), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 3345) entitled ‘‘An Act to provide temporary au-
thority to Government agencies relating to voluntary separa-
tion incentive payments, and for other purposes’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SEC. 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Workforce Re-
structuring Act of 1994’’.
SEC. 2. EMPLOYEE TRAINING.
(a) IN GENERAL.—Chapter 41 of title 5, United States
Code, is amended—
(1) in section 4101(4) by striking out ‘‘fields’’
and all that follows through the semicolon and insert-
ing in lieu thereof ‘‘fields which will improve individ-
ual and organizational performance and assist in
achieving the agency’s mission and performance
goals;’’;
(2) in section 4103—
(A) in subsection (a) by striking out ‘‘In’’
and all that follows through ‘‘proficiency’’ and
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inserting in lieu thereof ‘‘In order to assist in
achieving an agency’s mission and performance
goals by improving employee and organizational
performance’’; and
(B) in subsection (b)—
(i) in paragraph (1) by striking out
‘‘determines’’ and all that follows through
the period and inserting in lieu thereof ‘‘de-
termines that such training would be in the
interests of the Government.’’;
(ii) by striking out paragraph (2) and
redesignating paragraph (3) as paragraph
(2); and
(iii) in subparagraph (C) of paragraph
(2) (as redesignated under clause (ii) of this
subparagraph) by striking out ‘‘retaining’’
and all that follows through the period and
inserting in lieu thereof ‘‘such training.’’;
(3) in section 4105—
(A) in subsection (a) by striking out ‘‘(a)’’;
and
(B) by striking out subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107—
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(A) by amending the section heading to
read as follows:
‘‘§ 4107. Restriction on degree training’’;
(B) by striking out subsections (a) and (b)
and redesignating subsections (c) and (d) as sub-
sections (a) and (b), respectively;
(C) by amending subsection (a) (as redesig-
nated under subparagraph (B) of this para-
graph)—
(i) by striking out ‘‘subsection (d)’’
and inserting in lieu thereof ‘‘subsection
(b)’’; and
(ii) by striking out ‘‘by, in, or through
a non-Government facility’’; and
(D) by amending paragraph (1) of sub-
section (b) (as redesignated under subparagraph
(B) of this paragraph) by striking out ‘‘sub-
section (c)’’ and inserting in lieu thereof ‘‘sub-
section (a)’’;
(6) in section 4108(a) by striking out ‘‘by, in, or
through a non-Government facility under this chap-
ter’’ and inserting in lieu thereof ‘‘for more than a
minimum period prescribed by the head of the agen-
cy’’;
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(7) in section 4113(b) by striking out all that
follows the first sentence;
(8) by repealing section 4114; and
(9) in section 4118—
(A) in subsection (a)(7) by striking out ‘‘by,
in, and through non-Government facilities’’;
(B) by striking out subsection (b); and
(C) by redesignating subsections (c) and (d)
as subsections (b) and (c), respectively.
(b) TECHNICAL
AND CONFORMING AMENDMENTS.—
The table of sections for chapter 41 of title 5, United States
Code, is amended—
(1) by striking out the items relating to sections
4106 and 4114; and
(2) by amending the item relating to section
4107 to read as follows:
‘‘4107. Restriction on degree training.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of enactment of this Act.
SEC. 3. VOLUNTARY SEPARATION INCENTIVES.
(a) DEFINITIONS.—For purposes of this section, the
term—
(1) ‘‘agency’’ means an Executive agency, as de-
fined under section 105 of title 5, United States Code,
but does not include the Department of Defense, the
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Central Intelligence Agency, or the General Account-
ing Office; and
(2) ‘‘employee’’ means an employee, as defined
under section 2105 of title 5, United States Code, of
an agency, serving under an appointment without
time limitation, who has been currently employed for
a continuous period of at least 12 months, including
an individual employed by a county committee estab-
lished under section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)), but does
not include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement sys-
tem for employees of the Government; or
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A).
(b) AUTHORITY TO MAKE PAYMENT.—(1) In order to
assist in the restructuring of the Federal workforce while
minimizing involuntary separations, the head of an agency
may pay, or authorize the payment of, a voluntary separa-
tion incentive payment to employees—
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(A) in any component of the agency;
(B) in any occupation;
(C) in any geographic location; or
(D) on the basis of any combination of the fac-
tors described under subparagraphs (A) through (C).
(2) In order to receive an incentive payment under
paragraph (1), an employee shall separate from service with
the agency (whether by retirement or resignation) during
the 90-day period described under paragraph (3).
(3) The head of an agency shall designate a continuous
90-day period for purposes of separation under this sub-
section for such agency or any component thereof. Such 90-
day period shall begin no earlier than the date of the enact-
ment of this Act and shall end no later than March 31,
1995.
(4) Notwithstanding the provisions of paragraphs (2)
and (3), an employee may receive an incentive payment
under this section and delay a separation from service if—
(A) the agency head determines that it is nec-
essary to delay such employee’s separation from serv-
ice in order to ensure the performance of the agency’s
mission; and
(B) no later than 2 years after the date of the
last day of the 90-day period designated under para-
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graph (3), such employee separates from service in the
agency.
(c) VOLUNTARY SEPARATION INCENTIVE PAYMENT.—
A voluntary separation incentive payment—
(1) shall be paid in a lump sum after the em-
ployee’s separation;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the em-
ployee would be entitled to receive under section
5595(c) of title 5, United States Code, if the em-
ployee were entitled to payment under such sec-
tion; or
(B) $25,000;
(3) shall not be a basis for payment, and shall
not be included in the computation, of any other type
of Government benefit;
(4) shall not be taken into account in determin-
ing the amount of any severance pay to which an em-
ployee may be entitled under section 5595 of title 5,
United States Code, based on any other separation;
and
(5) shall be paid from appropriations or funds
available for the payment of the basic pay of the em-
ployee.
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(d) SUBSEQUENT EMPLOYMENT AND REPAYMENT OF
INCENTIVE PAYMENT.—(1) An employee who has received
a voluntary separation incentive payment under this sec-
tion and accepts employment with the Government of the
United States within 5 years of the date of the separation
on which payment of the incentive is based shall be required
to repay the entire amount of the incentive payment to the
agency that paid the incentive payment.
(2) If the employment is with an Executive agency (as
defined under section 105 of title 5, United States Code),
the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment if the employment is in a position for which there
is exceptional difficulty in recruiting a qualified employee.
(3) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment if the employment is in a posi-
tion for which there is exceptional difficulty in recruiting
a qualified employee.
(4) If the employment is with the judicial branch, the
Director of the Administrative Office of the United States
Courts may waive the repayment if the employment is in
a position for which there is exceptional difficulty in re-
cruiting a qualified employee.
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(e) REGULATIONS.—The Director of the Office of Per-
sonnel Management may prescribe any regulations nec-
essary for the administration of this section.
(f) JUDICIAL BRANCH PROGRAM.—The Director of the
Administrative Office of the United States Courts may, by
regulation, establish a program consistent with the program
established by subsections (a) through (d) of this section for
employees of the judicial branch.
(g) REDUCTION OF FULL-TIME EQUIVALENT POSI-
TIONS.—(1) The President or his designee shall take such
action as he determines necessary to ensure that, no later
than September 30, 1995, employment in the executive
branch is reduced by at least 1 full-time equivalent position
for each voluntary separation incentive payment paid
under this section.
(2) No later than December 1, 1995, the President or
his designee shall report to the Congress on the implementa-
tion of this subsection.
(h) LIMITATION ON PROCUREMENT OF SERVICE CON-
TRACTS.—The President shall take appropriate action to
ensure that there is no increase in the procurement of serv-
ice contracts by reason of the enactment of this section ex-
cept in cases in which a cost comparison demonstrates such
contracts would be to the financial advantage of the Federal
Government.
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SEC. 4. SUBSEQUENT EMPLOYMENT AND REPAYMENT OF
SEPARATION PAYMENT.
(a) DEFENSE AGENCY SEPARATION PAY.—Section
5597 of title 5, United States Code, is amended by adding
at the end thereof the following new subsection:
‘‘(g)(1) An employee who receives separation pay
under this section on the basis of a separation occurring
on or after the date of enactment of the Federal Workforce
Restructuring Act of 1994 and accepts employment with the
Government of the United States within 5 years of the date
of the separation on which payment of the separation pay
is based shall be required to repay the entire amount of
the separation pay to the defense agency that paid the sepa-
ration pay.
‘‘(2) If the employment is with an Executive agency
(as defined under section 105 of title 5, United States Code),
the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment if the employment is in a position for which there
is exceptional difficulty in recruiting a qualified employee.
‘‘(3) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment if the employment is in a posi-
tion for which there is exceptional difficulty in recruiting
a qualified employee.
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‘‘(4) If the employment is with the judicial branch, the
Director of the Administrative Office of the United States
Courts may waive the repayment if the employment is in
a position for which there is exceptional difficulty in re-
cruiting a qualified employee.’’.
(b) CENTRAL INTELLIGENCE AGENCY SEPARATION
PAYMENT.—Section 2(b) of the Central Intelligence Agency
Voluntary Separation Pay Act (Public Law 103–36; 107
Stat. 104) is amended by adding at the end thereof the fol-
lowing: ‘‘An employee who receives separation pay under
this section on the basis of a separation occurring on or
after the date of the enactment of the Federal Workforce Re-
structuring Act of 1994 and accepts employment with the
Government of the United States within 5 years of the date
of the separation on which payment of the separation pay
is based shall be required to repay the entire amount of
the separation pay to the Central Intelligence Agency. If
the employment is with an Executive agency (as defined
under section 105 of title 5, United States Code), the Direc-
tor of the Office of Personnel Management may, at the re-
quest of the head of the agency, waive the repayment if the
employment is in a position for which there is exceptional
difficulty in recruiting a qualified employee. If the employ-
ment is with an entity in the legislative branch, the head
of the entity or the appointing official may waive the re-
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payment if the employment is in a position for which there
is exceptional difficulty in recruiting a qualified employee.
If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts
may waive the repayment if the employment is in a posi-
tion for which there is exceptional difficulty in recruiting
a qualified employee.’’.
SEC. 5. FUNDING OF EARLY RETIREMENTS IN CIVIL SERV-
ICE RETIREMENT SYSTEM.
(a) IN GENERAL.—Section 8334 of title 5, United
States Code, is amended by adding at the end thereof the
following new subsections:
‘‘(l) In addition to any other payments required by
this subchapter, an agency shall remit to the Office for de-
posit in the Treasury of the United States to the credit of
the Fund an amount equal to 9 percent of the final rate
of basic pay of each employee of the agency who retires
under section 8336(d).
‘‘(m) In addition to any other payments required by
law, an agency shall remit to the Office of Personnel Man-
agement for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Disability
Fund an amount equal to 17 percent of the final basic pay
of each employee of the agency who receives a voluntary
separation incentive payment under this section and who
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is eligible, upon separation, for an immediate annuity
under subchapter III of chapter 83 or chapter 84 of title
5, United States Code.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall apply with respect to retirements occurring on
or after the date of the enactment of this Act.
SEC. 6. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT
POSITIONS.
(a) DEFINITION.—For purposes of this section, the
term ‘‘agency’’ means an Executive agency as defined under
section 105 of title 5, United States Code, but does not in-
clude the General Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI-
TIONS.—The President, through the Office of Management
and Budget (in consultation with the Office of Personnel
Management), shall ensure that the total number of full-
time equivalent positions in all agencies shall not exceed—
(1) 2,095,182 during fiscal year 1994;
(2) 2,044,100 during fiscal year 1995;
(3) 2,003,846 during fiscal year 1996;
(4) 1,963,593 during fiscal year 1997;
(5) 1,923,339 during fiscal year 1998; and
(6) 1,883,086 during fiscal year 1999.
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(c) MONITORING AND NOTIFICATION.—The Office of
Management and Budget, after consultation with the Office
of Personnel Management, shall—
(1) continuously monitor all agencies and make
a determination on the first date of each quarter of
each applicable fiscal year of whether the require-
ments under subsection (b) are met; and
(2) notify the President and the Congress on the
first date of each quarter of each applicable fiscal
year of any determination that any requirement of
subsection (b) is not met.
(d) COMPLIANCE.—If at any time during a fiscal year,
the Office of Management and Budget notifies the President
and the Congress that any requirement under subsection (b)
is not met, no agency may hire any employee for any posi-
tion in such agency until the Office of Management and
Budget notifies the President and the Congress that the total
number of full-time equivalent positions for all agencies
equals or is less than the applicable number required under
subsection (b).
(e) WAIVER.—Any provision of this section may be
waived upon—
(1) a determination by the President of the exist-
ence of war or a national emergency; or
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(2) the enactment of a joint resolution upon an
affirmative vote of three-fifths of the Members of each
House of the Congress duly chosen and sworn.
SEC. 7. CREATION OF VIOLENT CRIME REDUCTION TRUST
FUND.
(a) ESTABLISHMENT OF THE ACCOUNT.—Chapter 11
of title 31, United States Code, is amended by inserting
at the end thereof the following new section:
‘‘§ 1115. Violent crime reduction trust fund
‘‘(a) There is established a separate account in the
Treasury, known as the ‘Violent Crime Reduction Trust
Fund’, into which shall be deposited deficit reduction
achieved by section 1321B of the Violent Crime Control and
Law Enforcement Act of 1993 sufficient to fund that Act
(as defined in subsection (b) of this section).
‘‘(b) On the first day of the following fiscal years (or
as soon thereafter as possible for fiscal year 1994), the fol-
lowing amounts shall be transferred from the general fund
to the Violent Crime Reduction Trust Fund—
‘‘(1) for fiscal year 1994, $720,000,000;
‘‘(2) for fiscal year 1995, $2,423,000,000;
‘‘(3) for fiscal year 1996, $4,267,000,000;
‘‘(4) for fiscal year 1997, $6,313,000,000; and
‘‘(5) for fiscal year 1998, $8,545,000,000.
‘‘(c) Notwithstanding any other provision of law—
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‘‘(1) the amounts in the Violent Crime Reduction
Trust Fund may be appropriated exclusively for the
purposes authorized in the Violent Crime Control and
Law Enforcement Act of 1993;
‘‘(2) the amounts in the Violent Crime Reduction
Trust Fund and appropriations under paragraph (1)
of this section shall be excluded from, and shall not
be taken into account for purposes of, any budget en-
forcement procedures under the Congressional Budget
Act of 1974 or the Balanced Budget and Emergency
Deficit Control Act of 1985; and
‘‘(3) for purposes of this subsection, ‘appropria-
tions under paragraph (1)’ mean amounts of budget
authority not to exceed the balances of the Violent
Crime Reduction Trust Fund and amounts of outlays
that flow from budget authority actually appro-
priated.’’.
(b) LISTING
OF
THE VIOLENT CRIME REDUCTION
TRUST FUND AMONG GOVERNMENT TRUST FUNDS.—Sec-
tion 1321(a) of title 31, United States Code, is amended
by inserting at the end thereof the following new paragraph:
‘‘(91) Violent Crime Reduction Trust Fund.’’.
(c) REQUIREMENT FOR THE PRESIDENT TO REPORT
ANNUALLY ON THE STATUS OF THE ACCOUNT.—Section
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1105(a) of title 31, United States Code, is amended by add-
ing at the end thereof:
‘‘(29) Information about the Violent Crime Re-
duction Trust Fund, including a separate statement
of amounts in that Trust Fund.
‘‘(30) An analysis displaying by agency pro-
posed reductions in full-time equivalent positions
compared to the current year’s level in order to com-
ply with section 6 of the Federal Workforce Restruc-
turing Act of 1994.’’.
SEC. 8. CONFORMING REDUCTION IN DISCRETIONARY
SPENDING LIMITS.
The Director of the Office of Management and Budget
shall, upon enactment of this Act, reduce the discretionary
spending limits set forth in section 601(a)(2) of the Con-
gressional Budget Act of 1974 for fiscal years 1994 through
1998 as follows:
(1) for fiscal year 1994, for the discretionary
category: $720,000,000 in new budget authority and
$314,000,000 in outlays;
(2) for fiscal year 1995, for the discretionary
category: $2,423,000,000 in new budget authority and
$2,330,000,000 in outlays;
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(3) for fiscal year 1996, for the discretionary
category: $4,287,000,000 in new budget authority and
$4,184,000,000 in outlays;
(4) for fiscal year 1997, for the discretionary
category: $6,313,000,000 in new budget authority and
$6,221,000,000 in outlays; and
(5) for fiscal year 1998, for the discretionary
category: $8,545,000,000 in new budget authority and
$8,443,000,000 in outlays.
SEC. 9. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR
THRIFT SAVINGS PLAN PARTICIPANTS.
(a) PARTICIPATION IN THE THRIFT SAVINGS PLAN.—
Section 8351(b) of title 5, United States Code, is amend-
ed—
(1) by amending paragraph (4) to read as fol-
lows:
‘‘(4) Section 8433(b) of this title applies to any
employee or Member who elects to make contributions
to the Thrift Savings Fund under subsection (a) of
this section and separates from Government employ-
ment.’’;
(2) by striking out paragraphs (5), (6), and (8);
(3) by redesignating paragraphs (7), (9), and
(10) as paragraphs (5), (6), and (7), respectively;
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(4) in paragraph (5)(C) (as redesignated under
paragraph (3) of this subsection) by striking out ‘‘or
former spouse’’ in both places it appears;
(5) by amending paragraph (6) (as redesignated
under paragraph (3) of this subsection) to read as fol-
lows:
‘‘(6) Notwithstanding paragraph (4), if an em-
ployee or Member separates from Government employ-
ment and such employee’s or Member’s nonforfeitable
account balance is $3,500 or less, the Executive Direc-
tor shall pay the nonforfeitable account balance to the
participant in a single payment unless the employee
or Member elects, at such time and otherwise in such
manner as the Executive Director prescribes, one of
the options available under subsection (b).’’; and
(6) in paragraph (7) (as redesignated under
paragraph (3) of this subsection) by striking out
‘‘nonforfeiture’’ and inserting in lieu thereof ‘‘non-
forfeitable’’.
(b) BENEFITS AND ELECTION OF BENEFITS.—Section
8433 of title 5, United States Code, is amended—
(1) in subsection (b) by striking out the matter
before paragraph (1) and inserting in lieu thereof
‘‘Subject to section 8435 of this title, any employee or
Member who separates from Government employment
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entitled to an annuity under subchapter II of this
chapter or any employee or Member who separates
from Government employment is entitled and may
elect—’’;
(2) by striking out subsections (c) and (d) and
redesignating subsections (e), (f), (g), (h), and (i) as
subsections (c), (d), (e), (f), and (g), respectively;
(3) in subsection (c)(1) (as redesignated under
paragraph (2) of this subsection) by striking out ‘‘or
(c)(4) or required under subsection (d) directly to an
eligible retirement plan or plans) (as defined in sec-
tion 402(a)(5)(E) of the Internal Revenue Code of
1954)’’ and inserting in lieu thereof ‘‘directly to an
eligible retirement plan or plans (as defined in sec-
tion 402(c)(8) of the Internal Revenue Code of 1986)’’;
(4) in subsection (d)(2) (as redesignated under
paragraph (2) of this subsection) by striking out ‘‘or
(c)(2)’’; and
(5) in subsection (f) (as redesignated under
paragraph (2) of this subsection)—
(A) by striking out paragraph (1) and re-
designating paragraphs (2) and (3) as para-
graphs (1) and (2), respectively; and
(B) in paragraph (1) (as redesignated
under subparagraph (A) of this paragraph)—
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(i) by striking out ‘‘Notwithstanding
subsections (b) and (c), if an employee or
Member separates from Government employ-
ment under circumstances making such an
employee or Member eligible to make an
election under either of those subsections,
and such employee’s or Member’s’’ and in-
serting in lieu thereof ‘‘Notwithstanding
subsection (b), if an employee or Member
separates from Government employment,
and such employee’s or Member’s’’; and
(ii) by striking out ‘‘or (c), as applica-
ble’’; and
(C) in paragraph (2) (as redesignated
under subparagraph (A) of this paragraph) by
striking out ‘‘paragraphs (1) and (2)’’ and in-
serting in lieu thereof ‘‘paragraph (1)’’.
(c) ANNUITIES: METHODS OF PAYMENT; ELECTION;
PURCHASE.—Section 8434(c) of title 5, United States Code,
is amended to read as follows:
‘‘(c) Notwithstanding an elimination of a method of
payment by the Board an employee, Member, former em-
ployee, or former Member may elect the eliminated method
if the elimination of such method became effective less than
5 years before the date on which annuity commences.’’.
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(d) PROTECTIONS
FOR
SPOUSES
AND
FORMER
SPOUSES.—Section 8435 of title 5, United States Code, is
amended—
(1) in subsection (a)(1)(A) by striking out ‘‘sub-
section (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433
of this title or change an election previously made
under subsection (b)(1), (b)(2), (c)(1), or (c)(2)’’ and
inserting in lieu thereof ‘‘subsection (b)(3) or (b)(4) of
section 8433 of this title or change an election pre-
viously made under subsection (b)(1) or (b)(2)’’;
(2) by striking out subsection (b);
(3) by redesignating subsections (c), (d), (e), (f),
(g), (h), and (i) as subsections (b), (c), (d), (e), (f),
(g), and (h), respectively;
(4) in subsection (b) (as redesignated under
paragraph (3) of this subsection) by amending para-
graph (2) to read as follows:
‘‘(2) Paragraph (1) shall not apply, if—
‘‘(A) a joint waiver of such method is made,
in writing, by the employee or Member and the
spouse; or
‘‘(B) the employee or Member waives such
method, in writing, after establishing to the sat-
isfaction of the Executive Director that cir-
cumstances described under subsection (a)(2) (A)
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or (B) make the requirement of a joint waiver
inappropriate.’’; and
(5) in subsection (c)(1) (as redesignated under
paragraph (3) of this subsection) by striking out ‘‘and
a transfer may not be made under section 8433(d) of
this title’’.
(e) JUSTICES AND JUDGES.—Section 8440a(b) of title
5, United States Code, is amended—
(1) in paragraph (5) by striking out ‘‘Section
8433(d)’’ and inserting in lieu thereof ‘‘Section
8433(b)’’; and
(2) by striking out paragraphs (7) and (8) and
inserting in lieu thereof the following:
‘‘(7) Notwithstanding paragraphs (4) and (5), if
any justice or judge retires under subsection (a) or (b)
of section 371 or section 372(a) of title 28, or resigns
without having met the age and service requirements
set forth under section 371(c) of title 28, and such jus-
tice’s or judge’s nonforfeitable account balance is
$3,500 or less, the Executive Director shall pay the
nonforfeitable account balance to the participant in a
single payment unless the justice or judge elects, at
such time and otherwise in such manner as the Exec-
utive Director prescribes, one of the options available
under section 8433(b).’’.
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(A) by striking out ‘‘Notwithstanding sub-
paragraphs (A) and (B) of paragraph (4), if any
bankruptcy judge or magistrate retires under cir-
cumstances making such bankruptcy judge or
magistrate eligible to make an election under
subsection (b) or (c)’’ and inserting in lieu there-
of ‘‘Notwithstanding paragraph (4), if any bank-
ruptcy judge or magistrate retires under cir-
cumstances making such bankruptcy judge or
magistrate eligible to make an election under
subsection (b)’’; and
(B) by striking out ‘‘and (c), as applicable’’.
(g) CLAIMS COURT JUDGES.—Section 8440c of title 5,
United States Code, is amended—
(1) in subsection (b)(4)(B) by striking out ‘‘Sec-
tion 8433(d)’’ and inserting in lieu thereof ‘‘Section
8433(b)’’;
(2) in subsection (b)(5) by striking out ‘‘retire-
ment under section 178 of title 28, is’’ and inserting
in lieu thereof ‘‘any of the actions described in para-
graph (4) (A) or (B) shall be considered’’;
(3) in subsection (b) by striking out paragraph
(8) and redesignating paragraph (9) as paragraph
(8); and
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(4) in paragraph (8) (as redesignated under
paragraph (3) of this subsection) by striking out
‘‘Notwithstanding paragraph (4)(A)’’ and inserting
in lieu thereof ‘‘Notwithstanding paragraph (4)’’.
(h) JUDGES OF THE UNITED STATES COURT OF VET-
ERANS APPEALS.—Section 8440d(b)(5) of title 5, United
States Code, is amended by striking out ‘‘A transfer shall
be made as provided under section 8433(d) of this title’’
and inserting in lieu thereof ‘‘Section 8433(b) of this title
applies’’.
(i) TECHNICAL
AND CONFORMING AMENDMENTS.—
Chapters 83 and 84 of title 5, United States Code, are
amended—
(1) in section 8351(b)(5)(B) (as redesignated
under subsection (a)(3) of this section) by striking out
‘‘section 8433(i)’’ and inserting in lieu thereof ‘‘sec-
tion 8433(g)’’;
(2) in section 8351(b)(5)(D) (as redesignated
under subsection (a)(3) of this section) by striking out
‘‘section 8433(i)’’ and inserting in lieu thereof ‘‘sec-
tion 8433(g)’’;
(3) in section 8433(b)(4) by striking out ‘‘sub-
section (e)’’ and inserting in lieu thereof ‘‘subsection
(c)’’;
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(4) in section 8433(d)(1) (as redesignated under
subsection (b)(2) of this section) by striking out ‘‘(d)
of section 8435’’ and inserting in lieu thereof ‘‘(c) of
section 8435’’;
(5) in section 8433(d)(2) (as redesignated under
subsection (b)(2) of this section) by striking out ‘‘sec-
tion 8435(d)’’ and inserting in lieu thereof ‘‘section
8435(c)’’;
(6) in section 8433(e) (as redesignated under
subsection (b)(2) of this section) by striking out ‘‘sec-
tion 8435(d)(2)’’ and inserting in lieu thereof ‘‘section
8435(c)(2)’’;
(7) in section 8433(g)(5) (as redesignated under
subsection (b)(2) of this section) by striking out ‘‘sec-
tion 8435(f)’’ and inserting in lieu thereof ‘‘section
8435(e)’’;
(8) in section 8434(b) by striking out ‘‘section
8435(c)’’ and inserting in lieu thereof ‘‘section
8435(b)’’;
(9) in section 8435(a)(1)(B) by striking out
‘‘subsection (c)’’ and inserting in lieu thereof ‘‘sub-
section (b)’’;
(10) in section 8435(d)(1)(B) (as redesignated
under subsection (d)(3) of this section) by striking out
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‘‘subsection (d)(2)’’ and inserting in lieu thereof ‘‘sub-
section (c)(2)’’;
(11) in section 8435(d)(3)(A) (as redesignated
under subsection (d)(3) of this section) by striking out
‘‘subsection (c)(1)’’ and inserting in lieu thereof ‘‘sub-
section (b)(1)’’;
(12) in section 8435(d)(6) (as redesignated under
subsection (d)(3) of this section) by striking out ‘‘or
(c)(2)’’ and inserting in lieu thereof ‘‘or (b)(2)’’;
(13) in section 8435(e)(1)(A) (as redesignated
under subsection (d)(3) of this section) by striking out
‘‘section 8433(i)’’ and inserting in lieu thereof ‘‘sec-
tion 8433(g)’’;
(14) in section 8435(e)(2) (as redesignated under
subsection (d)(3) of this section) by striking out ‘‘sec-
tion 8433(i) of this title shall not be approved if ap-
proval would have the result described in subsection
(d)(1)’’ and inserting in lieu thereof ‘‘section 8433(g)
of this title shall not be approved if approval would
have the result described under subsection (c)(1)’’;
(15) in section 8435(g) (as redesignated under
subsection (d)(3) of this section) by striking out ‘‘sec-
tion 8433(i)’’ and inserting in lieu thereof ‘‘section
8433(g)’’;
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(16) in section 8437(c)(5) by striking out ‘‘sec-
tion 8433(i)’’ and inserting in lieu thereof ‘‘section
8433(g)’’; and
(17) in section 8440a(b)(6) by striking out ‘‘sec-
tion 8351(b)(7)’’ and inserting in lieu thereof ‘‘section
8351(b)(5)’’.
(j) INTERIM PROVISION.—Section 8433(d) of title 5,
United States Code, is amended by striking out ‘‘shall
transfer the amount of the balance’’ and inserting in lieu
thereof ‘‘may transfer the amount of the balance’’.
(k) EFFECTIVE DATES.—(1) Except as provided in
paragraph (2), the provisions of this section shall take effect
1 year after the date of enactment of this Act or upon such
other date as the Executive Director of the Federal Retire-
ment Thrift Investment Board shall provide in regulation.
(2) The provisions of subsection (j) of this section shall
take effect upon the date of the enactment of this Act.
SEC. 10. AMENDMENTS TO ALASKA RAILROAD TRANSFER
ACT OF 1982 REGARDING FORMER FEDERAL
EMPLOYEES.
(a) APPLICABILITY OF VOLUNTARY SEPARATION IN-
CENTIVES TO CERTAIN FORMER FEDERAL EMPLOYEES.—
Section 607(a) of the Alaska Railroad Transfer Act of 1982
(45 U.S.C. 1206(a)) is amended by adding at the end there-
of the following new paragraph: