103D CONGRESS
2D SESSION
H. R. 3345
AMENDMENT
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
March 8, 1994.
Resolved, That the House agree to the amendment of
the Senate to the bill (H.R. 3345) entitled ‘‘An Act to pro-
vide temporary authority to Government agencies relating to
voluntary separation incentive payments, and for other pur-
poses’’, with the following
AMENDMENT:
In lieu of the matter inserted by said amendment,
insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Workforce
Restructuring Act of 1994’’.
SEC. 2. TRAINING.
(a) IN GENERAL.—Chapter 41 of title 5, United States
Code, is amended—
(1) in section 4101(4) by striking ‘‘fields’’ and
all that follows through the semicolon and inserting
‘‘fields which will improve individual and organiza-
tional performance and assist in achieving the
agency’s mission and performance goals;’’;
(2) in section 4103—
(A) in subsection (a)—
(i) by striking ‘‘In’’ and all that fol-
lows through ‘‘maintain’’ and inserting ‘‘In
order to assist in achieving an agency’s
mission and performance goals by improv-
ing employee and organizational perform-
ance, the head of each agency, in conformity
with this chapter, shall establish, operate,
maintain, and evaluate’’;
(ii) by striking ‘‘and’’ at the end of
paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (4); and
(iv) by inserting after paragraph (2)
the following:
‘‘(3) provide that information concerning the se-
lection and assignment of employees for training and
the applicable training limitations and restrictions be
made available to employees of the agency; and’’; and
(B) in subsection (b)—
(i) in paragraph (1) by striking ‘‘de-
termines’’ and all that follows through the
period and inserting ‘‘determines that such
training would be in the interests of the
Government.’’;
(ii) by striking paragraph (2) and re-
designating paragraph (3) as paragraph
(2); and
(iii) in subparagraph (C) of paragraph
(2) (as so redesignated) by striking ‘‘retain-
ing’’ and all that follows through the period
and inserting ‘‘such training.’’;
(3) in section 4105—
(A) in subsection (a) by striking ‘‘(a)’’; and
(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
redesignating subsections (c) and (d) as sub-
sections (a) and (b), respectively;
(C) by amending subsection (a) (as so redes-
ignated)—
(i) by striking ‘‘subsection (d)’’ and in-
serting ‘‘subsection (b)’’; and
(ii) by striking ‘‘by, in, or through a
non-Government facility’’; and
(D) by amending paragraph (1) of sub-
section (b) (as so redesignated) by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (a)’’;
(6) in section 4108(a) by striking ‘‘by, in, or
through a non-Government facility under this chap-
ter’’ 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 ‘‘annu-
ally 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 train-
ing is being provided in a manner which is in com-
pliance with applicable laws intended to protect or
promote equal employment opportunity; and
‘‘(2) information concerning the expenditures of
the agency in connection with training and such
other information as the Office considers appro-
priate.’’;
(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 subsections (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 sec-
tions 4106 and 4114; and
(B) by amending the item relating to sec-
tion 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—
(1) the term ‘‘agency’’ means an Executive agen-
cy (as defined by section 105 of title 5, United States
Code), but does not include the Department of De-
fense, the Central Intelligence 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 em-
ployed by a county committee established under sec-
tion 8(b) of the Soil Conservation and Domestic Allot-
ment 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.—
(1) IN GENERAL.—In order to avoid or minimize
the need for involuntary separations due to a reduc-
tion in force, reorganization, transfer of function, or
other similar action, and subject to paragraph (2),
the head of an agency may pay, or authorize the pay-
ment of, voluntary separation incentive payments 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 fac-
tors under subparagraphs (A) through (C).
(2) CONDITION.—
(A) IN GENERAL.—In order to receive an
incentive payment, an employee must separate
from service with the agency (whether by retire-
ment 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 agen-
cy’s mission, it is necessary to delay such
employee’s separation; and
(ii) the employee separates after com-
pleting any additional period of service re-
quired (but not later than March 31, 1997).
(c) AMOUNT AND TREATMENT OF PAYMENTS.—A vol-
untary 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.
(d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE
GOVERNMENT.—
(1) IN GENERAL.—An employee who has received
a voluntary 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 incen-
tive payment to the agency that paid the incentive
payment.
(2) WAIVER AUTHORITY.—
(A) EXECUTIVE
AGENCY.—If the employ-
ment 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 quali-
fied applicant available for the position.
(B) LEGISLATIVE BRANCH.—If the employ-
ment is with an entity in the legislative branch,
the head of the entity or the appointing official
may waive the repayment if the individual in-
volved 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 individ-
ual 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’’ in-
cludes employment under a personal services contract
with the United States.
(e) REGULATIONS.—The Director of the Office of Per-
sonnel Management may prescribe any regulations nec-
essary for the administration of subsections (a) through (d).
(f) EMPLOYEES OF THE JUDICIAL BRANCH.—The Di-
rector 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)
for individuals serving in the judicial branch.
SEC. 4. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE-
TIREMENT FUND.
(a) RELATING TO FISCAL YEARS 1994 AND 1995.—
(1) IN GENERAL.—In addition to any other pay-
ments 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 Manage-
ment for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Dis-
ability 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 enact-
ment of this Act and before October 1, 1995, re-
tires under section 8336(d)(2) of such title; and
(B) to whom a voluntary separation incen-
tive payment has been or is to be paid by such
agency based on that retirement.
(2) DEFINITIONS.—For the purpose of this sub-
section—
(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 incen-
tive 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 sec-
tion 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 pay-
ments 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 Re-
tirement 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 sub-
section, the term ‘‘agency’’ means an Executive agen-
cy (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 Per-
sonnel Management may prescribe any regulations nec-
essary to carry out this section.
SEC. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT
POSITIONS.
(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 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) 2,084,600 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 Management, shall—
(1) continuously monitor all agencies and make
a determination on the first date of each quarter of
(A) Subsection (d) may be waived, in the
case of a particular position or category of posi-
tions in an agency, upon a determination of the
President that the efficiency of the agency or the
performance of a critical agency mission so re-
quires.
(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 De-
partment of Defense and the Central Intelligence
Agency) shall be reduced by one position for each va-
cancy created by the separation of any employee who
has received, or is due to receive, a voluntary separa-
tion incentive payment under section 3 (a)–(e). For
purposes 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 ex-
penses of positions eliminated under this subsection
may be used for any purpose other than authorized
separation costs.
(g) 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 Act, except
in cases in which a cost comparison demonstrates such con-
tracts would be to the financial advantage of the Federal
Government.
SEC. 6. 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 the following:
‘‘(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 employ-
ment 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 agen-
cy 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 repay-
ment if the individual involved possesses unique abilities
and is the only qualified applicant available for the posi-
tion.
‘‘(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 individual involved pos-
sesses 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 appli-
cant 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 sec-
tion on the basis of a separation occurring on or after the
date of the enactment of the Federal Workforce Restructur-
ing 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 sec-
tion 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 en-
tity 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 pos-
sesses unique abilities and is the only qualified applicant
available for the position.’’.
SEC. 7. 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 em-
ployee 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 paragraphs (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 redesig-
nated by paragraph (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 non-
forfeitable 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 Member who separates from Government employment is
entitled and may elect—’’;
(2) by striking subsections (c) and (d) and redes-
ignating subsections (e) through (i) as subsections (c)
through (g), respectively;
(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 sec-
tion 402(a)(5)(E) of the Internal Revenue Code of
1954)’’ and inserting ‘‘directly to an eligible retire-
ment 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 para-
graph (2) of this subsection)—
(A) by striking paragraph (1) and redesig-
nating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(B) in paragraph (1) (as so redesignated by
subparagraph (A) of this paragraph)—
(i) by striking ‘‘Notwithstanding sub-
sections (b) and (c), if an employee or Mem-
ber 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 subsection (b), if an em-
ployee or Member separates from Govern-
ment 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
subparagraph (A) of this paragraph) by striking
‘‘paragraphs (1) and (2)’’ and inserting ‘‘para-
graph (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 em-
ployee, 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 ‘‘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 ‘‘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 subsections (b) through (h), respectively;
(4) in subsection (b) (as so redesignated by para-
graph (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 sat-
isfaction of the Executive Director that cir-
cumstances described under subsection (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 in-
serting 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 partici-
pant 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 sec-
tion 8433(b).’’.
(f) BANKRUPTCY JUDGES AND MAGISTRATES.—Sec-
tion 8440b of title 5, United States Code, is amended—
(1) in subsection (b)(4) by amending subpara-
graph (B) to read as follows:
‘‘(B) Section 8433(b) of this title applies to any bank-
ruptcy judge or magistrate who elects to make contributions
to the Thrift Savings Fund under subsection (a) of this sec-
tion 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 re-
designated by paragraph (4) of this subsection)—
(A) by striking ‘‘Notwithstanding subpara-
graphs (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 ‘‘Notwith-
standing paragraph (4), if any bankruptcy judge
or magistrate retires under circumstances mak-
ing 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 ‘‘Not-
withstanding paragraph (4)(A)’’ and inserting ‘‘Not-
withstanding 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 ‘‘A transfer shall be
made as provided in section 8433(d) of this title’’ and in-
serting ‘‘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 subsection (a)(3) of this section) by striking ‘‘sec-
tion 8433(i)’’ and inserting ‘‘section 8433(g)’’;
(2) in section 8351(b)(5)(D) (as so redesignated
by subsection (a)(3) of this section) by striking ‘‘sec-
tion 8433(i)’’ and inserting ‘‘section 8433(g)’’;
(3) in section 8433(b)(4) by striking ‘‘subsection
(e)’’ and inserting ‘‘subsection (c)’’;
(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 sub-
section (b)(2) of this section) by striking ‘‘section
8435(d)(2)’’ and inserting ‘‘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 ‘‘sub-
section (c)’’ and inserting ‘‘subsection (b)’’;
(10) in section 8435(d)(1)(B) (as so redesignated
by subsection (d)(3) of this section) by striking ‘‘sub-
section (d)(2)’’ and inserting ‘‘subsection (c)(2)’’;
(11) in section 8435(d)(3)(A) (as so redesignated
by subsection (d)(3) of this section) by striking ‘‘sub-
section (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 subsection (d)(3) of this section) by striking ‘‘sec-
tion 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 de-
scribed 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 Retire-
ment Thrift Investment Board shall provide in regulation.
SEC. 8. 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 the
following:
‘‘(4)(A) The State-owned railroad shall be in-
cluded 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 incentive pro-
gram established under such Act. Any employee of 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 employment with the State-owned rail-
road within 5 years after the date of separation on
which payment of the incentive is based shall be re-
quired to repay the entire amount of the incentive
payment unless the head of the State-owned railroad
determines that the individual involved possesses
unique abilities and is the only qualified applicant
available for the position.’’.
(b) LIFE AND HEALTH INSURANCE BENEFITS.—Sec-
tion 607 of the Alaska Railroad Transfer Act of 1982 (45
U.S.C. 1206) is amended by striking subsection (e) and in-
serting 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 sub-
section.
‘‘(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 re-
tirement 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 pur-
suant 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 para-
graph (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 chap-
ter 87 of title 5, United States Code, and to have been en-
rolled in a health benefits plan under chapter 89 of title
5, United States Code, during the period beginning on Jan-
uary 5, 1985, through the date of retirement of any such
person.
‘‘(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.’’.
Attest:
Clerk.
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