H. R. 3345—2
(B) by striking subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107—
(A) by amending the catchline to read as follows:
‘‘§ 4107. Restriction on degree training’’;
(B) by striking subsections (a) and (b) and redesignat-
ing subsections (c) and (d) as subsections (a) and (b), respec-
tively;
(C) by amending subsection (a) (as so redesignated)—
(i) by striking ‘‘subsection (d)’’ and inserting ‘‘sub-
section (b)’’; and
(ii) by striking ‘‘by, in, or through a non-Govern-
ment facility’’; and
(D) by amending paragraph (1) of subsection (b) (as
so redesignated) by striking ‘‘subsection (c)’’ and inserting
‘‘subsection (a)’’;
(6) in section 4108(a) by striking ‘‘by, in, or through a
non-Government facility under this chapter’’ and inserting ‘‘for
more than a minimum period prescribed by the head of the
agency’’;
(7) in section 4113(b)—
(A) in the first sentence by striking ‘‘annually to the
Office,’’ and inserting ‘‘to the Office, at least once every
3 years, and’’; and
(B) by striking the matter following the first sentence
and inserting the following: ‘‘The report shall set forth—
‘‘(1) information needed to determine that training is being
provided in a manner which is in compliance with applicable
laws intended to protect or promote equal employment oppor-
tunity; and
‘‘(2) information concerning the expenditures of the agency
in connection with training and such other information as the
Office considers appropriate.’’;
(8) by repealing section 4114; and
(9) in section 4118—
(A) in subsection (a)(7) by striking ‘‘by, in, and through
non-Government facilities’’;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively.
(b) TECHNICAL
AND
CONFORMING
AMENDMENTS.—Title 5,
United States Code, is amended—
(1) in section 3381(e) by striking ‘‘4105(a),’’ and inserting
‘‘4105,’’; and
(2) in the analysis for chapter 41—
(A) by repealing the items relating to sections 4106
and 4114; and
(B) 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 become effective on the date of enactment of this Act.
SEC. 3. VOLUNTARY SEPARATION INCENTIVES.
(a) DEFINITIONS.—For the purpose of this section—
H. R. 3345—3
(1) the term ‘‘agency’’ means an Executive agency (as
defined by section 105 of title 5, United States Code), but
does not include the Department of Defense, the Central Intel-
ligence Agency, or the General Accounting Office; and
(2) the term ‘‘employee’’ means an employee (as defined
by section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 12 months; such term includes an individual
employed by a county committee established 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 subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the Govern-
ment; or
(B) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under the applicable retirement system referred
to in subparagraph (A).
(b) AUTHORITY.—
(1) IN GENERAL.—In order to avoid or minimize the need
for involuntary separations due to a reduction in force, reorga-
nization, transfer of function, or other similar action, and sub-
ject to paragraph (2), the head of an agency may pay, or
authorize the payment of, voluntary separation incentive pay-
ments to agency employees—
(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 factors under
subparagraphs (A) through (C).
(2) CONDITION.—
(A) IN GENERAL.—In order to receive an incentive pay-
ment, an employee must separate from service with the
agency (whether by retirement or resignation) before April
1, 1995.
(B) EXCEPTION.—An employee who does not separate
from service before the date specified in subparagraph (A)
shall be ineligible for an incentive payment under this
section unless—
(i) the agency head determines that, in order to
ensure the performance of the agency’s mission, it is
necessary to delay such employee’s separation; and
(ii) the employee separates after completing any
additional period of service required (but not later
than March 31, 1997).
(c) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary sepa-
ration incentive payment—
(1) shall be paid in a lump sum after the employee’s
separation;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would
be entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment
under such section; or
(B) $25,000;
H. R. 3345—4
(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 determining the
amount of any severance pay to which an employee 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 employee.
(d) 
EFFECT
OF
SUBSEQUENT
EMPLOYMENT
WITH
THE
GOVERNMENT.—
(1) IN GENERAL.—An employee who has received a vol-
untary separation incentive payment under this section and
accepts employment with the Government of the United States
within 5 years after the date of the separation on which the
payment is based shall be required to repay the entire amount
of the incentive payment to the agency that paid the incentive
payment.
(2) WAIVER AUTHORITY.—
(A) EXECUTIVE AGENCY.—If the employment is with
an Executive agency (as defined by section 105 of title
5, United States Code), the Director of the Office of Person-
nel Management may, at the request of the head of the
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
(B) LEGISLATIVE BRANCH.—If the employment is with
an entity in the legislative branch, the head of the entity
or the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(C) JUDICIAL BRANCH.—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 individual involved possesses unique abilities and
is the only qualified applicant available for the position.
(3) DEFINITION.—For purposes of paragraph (1) (but not
paragraph (2)), the term ‘‘employment’’ includes employment
under a personal services contract with the United States.
(e) REGULATIONS.—The Director of the Office of Personnel
Management may prescribe any regulations necessary for the
administration of subsections (a) through (d).
(f) EMPLOYEES OF THE JUDICIAL BRANCH.—The Director of the
Administrative Office of the United States Courts may, by regula-
tion, establish a program consistent with the program established
by subsections (a) through (d) for individuals serving in the judicial
branch.
SEC. 4. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.
(a) RELATING TO FISCAL YEARS 1994 AND 1995.—
(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
of title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service Retirement
H. R. 3345—5
and Disability Fund an amount equal to 9 percent of the
final basic pay of each employee of the agency—
(A) who, on or after the date of the enactment of
this Act and before October 1, 1995, retires under section
8336(d)(2) of such title; and
(B) to whom a voluntary separation incentive payment
has been or is to be paid by such agency based on that
retirement.
(2) DEFINITIONS.—For the purpose of this subsection—
(A) the term ‘‘final basic pay’’, with respect to an
employee, means the total amount of basic pay which would
be payable for a year of service by such employee, computed
using the employee’s final rate of basic pay, and, if last
serving on other than a full-time basis, with appropriate
adjustment therefor; and
(B) the term ‘‘voluntary separation incentive payment’’
means—
(i) a voluntary separation incentive payment under
section 3 (including under any program established
under section 3(f)); and
(ii) any separation pay under section 5597 of title
5, United States Code, or section 2 of the Central
Intelligence Agency Voluntary Separation Pay Act
(Public Law 103–36; 107 Stat. 104).
(b) RELATING TO FISCAL YEARS 1995 THROUGH 1998.—
(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, in fiscal years
1995, 1996, 1997, and 1998 (and in addition to any amounts
required under subsection (a)), each agency shall, before the
end of each such fiscal year, remit to the Office of Personnel
Management for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Disability
Fund an amount equal to the product of—
(A) the number of employees of such agency who, as
of March 31st of such fiscal year, are subject to subchapter
III of chapter 83 or chapter 84 of such title; multiplied
by
(B) $80.
(2) DEFINITION.—For the purpose of this subsection, the
term ‘‘agency’’ means an Executive agency (as defined by section
105 of title 5, United States Code), but does not include the
General Accounting Office.
(c) REGULATIONS.—The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry out
this section.
SEC. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSI-
TIONS.
(a) DEFINITION.—For the purpose of this section, the term
‘‘agency’’ means an Executive agency (as defined by section 105
of title 5, United States Code), but does not include the General
Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSITIONS.—The
President, through the Office of Management and Budget (in con-
sultation with the Office of Personnel Management), shall ensure
H. R. 3345—6
that the total number of full-time equivalent positions in all agen-
cies shall not exceed—
(1) 2,084,600 during fiscal year 1994;
(2) 2,043,300 during fiscal year 1995;
(3) 2,003,300 during fiscal year 1996;
(4) 1,963,300 during fiscal year 1997;
(5) 1,922,300 during fiscal year 1998; and
(6) 1,882,300 during fiscal year 1999.
(c) MONITORING AND NOTIFICATION.—The Office of Management
and Budget, after consultation with the Office of Personnel Manage-
ment, shall—
(1) continuously monitor all agencies and make a deter-
mination on the first date of each quarter of each applicable
fiscal year of whether the requirements 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 deter-
mination 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 position 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.—
(1) EMERGENCIES.—Any provision of this section may be
waived upon a determination by the President that—
(A) the existence of a state of war or other national
security concern so requires; or
(B) the existence of an extraordinary emergency
threatening life, health, safety, property, or the environ-
ment so requires.
(2) AGENCY EFFICIENCY OR CRITICAL MISSION.—
(A) Subsection (d) may be waived, in the case of a
particular position or category of positions in an agency,
upon a determination of the President that the efficiency
of the agency or the performance of a critical agency mis-
sion so requires.
(B) Whenever the President grants a waiver pursuant
to subparagraph (A), the President shall take all necessary
actions to ensure that the overall limitations set forth
in subsection (b) are not exceeded.
(f) EMPLOYMENT BACKFILL PREVENTION.—
(1) IN GENERAL.—The total number of funded employee
positions in all agencies (excluding the Department of Defense
and the Central Intelligence Agency) shall be reduced by one
position for each vacancy created by the separation of any
employee who has received, or is due to receive, a voluntary
separation incentive payment under section 3 (a)–(e). For pur-
poses of this subsection, positions and vacancies shall be
counted on a full-time-equivalent basis.
(2) RELATED
RESTRICTION.—No funds budgeted for and
appropriated by any Act for salaries or expenses of positions
eliminated under this subsection may be used for any purpose
other than authorized separation costs.
H. R. 3345—7
(g) LIMITATION ON PROCUREMENT OF SERVICE CONTRACTS.—
The President shall take appropriate action to ensure that there
is no increase in the procurement of service contracts by reason
of the enactment of this Act, except in cases in which a cost
comparison demonstrates such contracts would be to the financial
advantage of the Federal Government.
SEC. 6. MONITORING AND REPORT RELATING TO VOLUNTARY SEPA-
RATION INCENTIVE PAYMENTS.
No later than December 31st of each fiscal year, the Office
of Personnel Management shall submit to the Committee on Govern-
mental Affairs of the Senate and the Committee on Post Office
and Civil Service of the House of Representatives a report which,
with respect to the preceding fiscal year, shall include—
(1) the number of employees who received a voluntary
separation incentive payment under section 3 during such
preceding fiscal year;
(2) the agency from which each such employee separated;
(3) at the time of separation from service by each such
employee—
(A) such employee’s grade or pay level; and
(B) the geographic location of such employee’s official
duty station, by region, State, and city (or foreign nation,
if applicable); and
(4)(A) the number of waivers made (in the repayment upon
subsequent employment) by each agency or other authority
under section 3 or the amendments made by section 8; and
(B) the title and the grade or pay level of the position
filled by the employee to whom such waiver applied.
SEC. 7. DISLOCATION 
PAYMENTS 
FOR 
CERTAIN 
CONTRACTOR
PERSONNEL.
(a) PAYMENT.—No later than October 31, 1994, the Director
of the National Aeronautics and Space Administration shall pay
$5,000 to each full-time contractor employee who—
(1) was hired, under a contract relating to the Advanced
Solid Rocket Motor Program, by—
(A) Lockheed Missiles and Space Company;
(B) Aerojet Corporation, Advanced Solid Rocket Motor
Division; or
(C) Rust Corporation;
(2) was separated from employment in Yellow Creek, Mis-
sissippi, as a result of the termination of the Advanced Solid
Rocket Motor Program; and
(3)(A) had been hired locally at Yellow Creek, Mississippi;
or
(B) based on the separation referred to in paragraph (2),
was eligible, but elected not, to be relocated.
(b) OFFSET.—No payment made under this section shall be
offset against the severance costs of a contractor.
(c) SOURCE OF PAYMENTS.—Payments under this section shall
be from funds appropriated under the subheading ‘‘SPACE FLIGHT,
CONTROL AND DATA COMMUNICATIONS’’ under the heading ‘‘NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION’’ under title III of the
Departments of Veterans Affairs and Housing and Urban Develop-
ment, and Independent Agencies Appropriations Act, 1994 (Public
Law 103–124; 107 Stat. 1299).
H. R. 3345—8
(d) LIMITATION ON PAYMENTS.—The amount of total payments
made under this section may not exceed $1,000,000.
SEC. 8. SUBSEQUENT EMPLOYMENT AND REPAYMENT OF SEPARA-
TION PAYMENT.
(a) DEFENSE AGENCY SEPARATION PAY.—Section 5597 of title
5, United States Code, is amended by adding at the end the follow-
ing:
‘‘(g)(1) 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 Restructuring Act
of 1994 and accepts employment with the Government of the United
States within 5 years after 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 separation pay.
‘‘(2) If the employment is with an Executive agency, the Director
of the Office of Personnel Management may, at the request of
the head of the agency, waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.
‘‘(3) If the employment is with an entity in the legislative
branch, the head of the entity or the appointing official may waive
the repayment if the individual involved possesses unique abilities
and is the only qualified applicant available for the position.
‘‘(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 individual involved possesses unique abilities
and is the only qualified applicant available for the position.’’.
(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 the following: ‘‘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
Restructuring Act of 1994 and accepts employment with the Govern-
ment of the United States within 5 years after 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 by 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 repayment
if the individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the employment
is with an entity in the legislative branch, the head of the entity
or the appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position. 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 individual
involved possesses unique abilities and is the only qualified
applicant available for the position.’’.
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 amended—
H. R. 3345—9
(1) by amending paragraph (4) to read as follows:
‘‘(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 employment.’’;
(2) by striking paragraphs (5), (6), and (8);
(3) by redesignating paragraphs (7), (9), and (10) as para-
graphs (5), (6), and (7), respectively;
(4) in paragraph (5)(C) (as so redesignated by paragraph
(3) of this subsection) by striking ‘‘or former spouse’’ each
place it appears;
(5) by amending paragraph (6) (as so redesignated by para-
graph (3) of this subsection) to read as follows:
‘‘(6) Notwithstanding paragraph (4), if an employee or Member
separates from Government employment and such employee’s or
Member’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 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 so redesignated by paragraph (3)
of this subsection) by striking ‘‘nonforfeiture’’ and inserting
‘‘nonforfeitable’’.
(b) BENEFITS
AND ELECTION
OF BENEFITS.—Section 8433 of
title 5, United States Code, is amended—
(1) in subsection (b) by striking the matter before paragraph
(1) and inserting the following:
‘‘(b) Subject to section 8435 of this title, any employee or Mem-
ber who separates from Government employment is entitled and
may elect—’’;
(2) by striking subsections (c) and (d) and redesignating
subsections (e) through (i) as subsections (c) through (g), respec-
tively;
(3) in subsection (c)(1) (as so redesignated by paragraph
(2) of this subsection) by striking ‘‘or (c)(4) or required under
subsection (d) directly to an eligible retirement plan or plans
(as defined in section 402(a)(5)(E) of the Internal Revenue
Code of 1954)’’ and inserting ‘‘directly to an eligible retirement
plan or plans (as defined in section 402(c)(8) of the Internal
Revenue Code of 1986)’’;
(4) in subsection (d)(2) (as so redesignated by paragraph
(2) of this subsection) by striking ‘‘or (c)(2)’’; and
(5) in subsection (f) (as so redesignated by paragraph (2)
of this subsection)—
(A) by striking paragraph (1) and redesignating para-
graphs (2) and (3) as paragraphs (1) and (2), respectively;
and
(B) in paragraph (1) (as so redesignated by subpara-
graph (A) of this paragraph)—
(i) by striking ‘‘Notwithstanding subsections (b)
and (c), if an employee or Member separates from
Government employment under circumstances making
such employee or Member eligible to make an election
under either of those subsections, and such employee’s
or Member’s’’ and inserting ‘‘Notwithstanding sub-
section (b), if an employee or Member separates from
H. R. 3345—10
Government employment, and such employee’s or
Member’s’’; and
(ii) by striking ‘‘or (c), as applicable’’; and
(C) in paragraph (2) (as so redesignated by subpara-
graph (A) of this paragraph) by striking ‘‘paragraphs (1)
and (2)’’ and inserting ‘‘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 the elimination of a method of payment
by the Board, an employee, Member, former employee, or former
Member may elect the eliminated method if the elimination of
such method becomes effective less than 5 years before the date
on which that individual’s annuity commences.’’.
(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 ‘‘subsection (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 ‘‘subsection (b)(3) or (b)(4) of
section 8433 of this title or change an election previously made
under subsection (b)(1) or (b)(2)’’;
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (i) as sub-
sections (b) through (h), respectively;
(4) in subsection (b) (as so redesignated by paragraph (3)
of this subsection) by amending paragraph (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 satisfaction of the
Executive Director that circumstances described under sub-
section (a)(2) (A) or (B) make the requirement of a joint
waiver inappropriate.’’; and
(5) in subsection (c)(1) (as so redesignated by paragraph
(3) of this subsection) by striking ‘‘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 ‘‘Section 8433(d)’’ and
inserting ‘‘Section 8433(b)’’; and
(2) by striking paragraphs (7) and (8) and inserting 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 justice’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 Executive Director prescribes, one of the options available under
section 8433(b).’’.
(f) BANKRUPTCY JUDGES AND MAGISTRATES.—Section 8440b of
title 5, United States Code, is amended—
H. R. 3345—11
(1) in subsection (b)(4) by amending subparagraph (B) to
read as follows:
‘‘(B) Section 8433(b) of this title applies to any bankruptcy
judge or magistrate who elects to make contributions to the Thrift
Savings Fund under subsection (a) of this section and who retires
before attaining age 65 but is entitled, upon attaining age 65,
to an annuity under section 377 of title 28 or section 2(c) of the
Retirement and Survivors Annuities for Bankruptcy Judges and
Magistrates Act of 1988.’’;
(2) in subsection (b)(4)(C) by striking ‘‘Section 8433(d)’’
and inserting ‘‘Section 8433(b)’’;
(3) in subsection (b)(5) by striking ‘‘retirement under section
377 of title 28 is’’ and inserting ‘‘any of the actions described
under paragraph (4) (A), (B), or (C) shall be considered’’;
(4) in subsection (b) by striking paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(5) in paragraph (8) of subsection (b) (as so redesignated
by paragraph (4) of this subsection)—
(A) by striking ‘‘Notwithstanding subparagraphs (A)
and (B) of paragraph (4), if any bankruptcy judge or mag-
istrate retires under circumstances making such bank-
ruptcy judge or magistrate eligible to make an election
under subsection (b) or (c)’’ and inserting ‘‘Notwithstanding
paragraph (4), if any bankruptcy judge or magistrate retires
under circumstances making such bankruptcy judge or
magistrate eligible to make an election under subsection
(b)’’; and
(B) by striking ‘‘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 ‘‘Section 8433(d)’’
and inserting ‘‘Section 8433(b)’’;
(2) in subsection (b)(5) by striking ‘‘retirement under section
178 of title 28 is’’ and inserting ‘‘any of the actions described
in paragraph (4) (A) or (B) shall be considered’’;
(3) in subsection (b) by striking paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(4) in paragraph (8) (as so redesignated by paragraph (3)
of this subsection) by striking ‘‘Notwithstanding paragraph
(4)(A)’’ and inserting ‘‘Notwithstanding paragraph (4)’’.
(h) JUDGES
OF
THE UNITED STATES COURT
OF VETERANS
APPEALS.—Section 8440d(b)(5) of title 5, United States Code, is
amended by striking ‘‘A transfer shall be made as provided in
section 8433(d) of this title’’ and inserting ‘‘Section 8433(b) of this
title applies’’.
(i) TECHNICAL AND CONFORMING AMENDMENTS.—Title 5, United
States Code, is amended—
(1) in section 8351(b)(5)(B) (as so redesignated by sub-
section (a)(3) of this section) by striking ‘‘section 8433(i)’’ and
inserting ‘‘section 8433(g)’’;
(2) in section 8351(b)(5)(D) (as so redesignated by sub-
section (a)(3) of this section) by striking ‘‘section 8433(i)’’ and
inserting ‘‘section 8433(g)’’;
(3) in section 8433(b)(4) by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (c)’’;
H. R. 3345—12
(4) in section 8433(d)(1) (as so redesignated by subsection
(b)(2) of this section) by striking ‘‘(d) of section 8435’’ and
inserting ‘‘(c) of section 8435’’;
(5) in section 8433(d)(2) (as so redesignated by subsection
(b)(2) of this section) by striking ‘‘section 8435(d)’’ and inserting
‘‘section 8435(c)’’;
(6) in section 8433(e) (as so redesignated by subsection
(b)(2) of this section) by striking ‘‘section 8435(d)(2)’’ and insert-
ing ‘‘section 8435(c)(2)’’;
(7) in section 8433(g)(5) (as so redesignated by subsection
(b)(2) of this section) by striking ‘‘section 8435(f)’’ and inserting
‘‘section 8435(e)’’;
(8) in section 8434(b) by striking ‘‘section 8435(c)’’ and
inserting ‘‘section 8435(b)’’;
(9) in section 8435(a)(1)(B) by striking ‘‘subsection (c)’’ and
inserting ‘‘subsection (b)’’;
(10) in section 8435(d)(1)(B) (as so redesignated by sub-
section (d)(3) of this section) by striking ‘‘subsection (d)(2)’’
and inserting ‘‘subsection (c)(2)’’;
(11) in section 8435(d)(3)(A) (as so redesignated by sub-
section (d)(3) of this section) by striking ‘‘subsection (c)(1)’’
and inserting ‘‘subsection (b)(1)’’;
(12) in section 8435(d)(6) (as so redesignated by subsection
(d)(3) of this section) by striking ‘‘or (c)(2)’’ and inserting ‘‘or
(b)(2)’’;
(13) in section 8435(e)(1)(A) (as so redesignated by sub-
section (d)(3) of this section) by striking ‘‘section 8433(i)’’ and
inserting ‘‘section 8433(g)’’;
(14) in section 8435(e)(2) (as so redesignated by subsection
(d)(3) of this section) by striking ‘‘section 8433(i) of this title
shall not be approved if approval would have the result
described in subsection (d)(1)’’ and inserting ‘‘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 so redesignated by subsection
(d)(3) of this section) by striking ‘‘section 8433(i)’’ and inserting
‘‘section 8433(g)’’;
(16) in section 8437(c)(5) by striking ‘‘section 8433(i)’’ and
inserting ‘‘section 8433(g)’’; and
(17) in section 8440a(b)(6) by striking ‘‘section 8351(b)(7)’’
and inserting ‘‘section 8351(b)(5)’’.
(j) EFFECTIVE DATE.—This section shall take effect 1 year after
the date of the enactment of this Act or on such earlier date
as the Executive Director of the Federal Retirement Thrift Invest-
ment Board shall provide in regulation.
SEC. 10. AMENDMENTS TO ALASKA RAILROAD TRANSFER ACT OF 1982
REGARDING FORMER FEDERAL EMPLOYEES.
(a) APPLICABILITY OF VOLUNTARY SEPARATION INCENTIVES 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 the following:
‘‘(4)(A) The State-owned railroad shall be included in the
definition of ‘agency’ for purposes of section 3 (a), (b), (c),
and (e) of the Federal Workforce Restructuring Act of 1994
and may elect to participate in the voluntary separation incen-
tive program established under such Act. Any employee of
H. R. 3345—13
the State-owned railroad who meets the qualifications as
described under the first sentence of paragraph (1) shall be
deemed an employee under such Act.
‘‘(B) An employee who has received a voluntary separation
incentive payment under this paragraph and accepts employ-
ment with the State-owned railroad within 5 years after the
date of separation on which payment of the incentive is based
shall be required to repay the entire amount of the incentive
payment unless the head of the State-owned railroad deter-
mines that the individual involved possesses unique abilities
and is the only qualified applicant available for the position.’’.
(b) LIFE AND HEALTH INSURANCE BENEFITS.—Section 607 of
the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1206) is
amended by striking subsection (e) and inserting the following:
‘‘(e)(1) Any person described under the provisions of paragraph
(2) may elect life insurance coverage under chapter 87 of title
5, United States Code, and enroll in a health benefits plan under
chapter 89 of title 5, United States Code, in accordance with the
provisions of this subsection.
‘‘(2) The provisions of paragraph (1) shall apply to any person
who—
‘‘(A) on the date of the enactment of the Federal Workforce
Restructuring Act of 1994, is an employee of the State-owned
railroad;
‘‘(B) has 20 years or more of service (in the civil service
as a Federal employee or as an employee of the State-owned
railroad, combined) on the date of retirement from the State-
owned railroad; and
‘‘(C)(i) was covered under a life insurance policy pursuant
to chapter 87 of title 5, United States Code, on January 4,
1985, for the purpose of electing life insurance coverage under
the provisions of paragraph (1); or
‘‘(ii) was enrolled in a health benefits plan pursuant to
chapter 89 of title 5, United States Code, on January 4, 1985,
for the purpose of enrolling in a health benefits plan under
the provisions of paragraph (1).
‘‘(3) For purposes of this section, any person described under
the provisions of paragraph (2) shall be deemed to have been
covered under a life insurance policy under chapter 87 of title
5, United States Code, and to have been enrolled in a health
benefits plan under chapter 89 of title 5, United States Code,
during the period beginning on January 5, 1985, through the date
of retirement of any such person.
H. R. 3345—14
‘‘(4) The provisions of paragraph (1) shall not apply to any
person described under paragraph (2) until the date such person
retires from the State-owned railroad.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.