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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Crime Protection Security 
Act''.

SEC. 2. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH UNAUTHORIZED 
              ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION.

    Section 1961(1) of title 18, United States Code, is amended by 
inserting ``section 1030 (relating to fraud and related activity in 
connection with computers) if the act is a felony,'' before ``section 
1084''.

SEC. 3. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
              COMPUTERS.

    Section 1030(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) The punishment for an offense under subsection (a) or (b) of 
this section is--
            ``(1) a fine under this title or imprisonment for not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(1) of this section;
            ``(2)(A) except as provided in subparagraph (B), a fine 
        under this title or imprisonment for not more than 3 years, or 
        both, in the case of an offense under subsection (a)(2); or
            ``(B) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        paragraph (a)(2) of this section, if--
                    ``(i) the offense was committed for purposes of 
                commercial advantage or private financial gain;
                    ``(ii) the offense was committed in the furtherance 
                of any criminal or tortious act in violation of the 
                Constitution or laws of the United States, or of any 
                State; or
                    ``(iii) the value of the information obtained, or 
                that would have been obtained if the offense was 
                completed, exceeds $5,000;
            ``(3) a fine under this title or imprisonment for not more 
        than 1 year, or both, in the case of an offense under 
        subsection (a)(3) of this section;
            ``(4) a fine under this title or imprisonment of not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(4) of this section;
            ``(5)(A) except as provided in subparagraph (D), a fine 
        under this title, imprisonment for not more than 20 years, or 
        both, in the case of an offense under subsection (a)(5)(A) of 
        this section, if the offense caused--
                    ``(i) loss to 1 or more persons during any 1-year 
                period (and, for purposes of an investigation, 
                prosecution, or other proceeding brought by the United 
                States only, loss resulting from a related course of 
                conduct affecting 1 or more other protected computers) 
                aggregating at least $5,000 in value;
                    ``(ii) the modification or impairment, or potential 
                modification or impairment, of the medical examination, 
                diagnosis, treatment, or care of 1 or more individuals;
                    ``(iii) physical injury to any person;
                    ``(iv) a threat to public health or safety;
                    ``(v) damage affecting a computer used by, or on 
                behalf of, an entity of the United States Government in 
                furtherance of the administration of justice, national 
                defense, or national security; or
                    ``(vi) damage affecting 10 or more protected 
                computers during any 1-year period;
            ``(B) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(B), if the offense caused a harm provided in 
        clause (i) through (vi) of subparagraph (A) of this subsection;
            ``(C) if the offender attempts to cause or knowingly or 
        recklessly causes death from conduct in violation of subsection 
        (a)(5)(A), a fine under this title, imprisonment for any term 
        of years or for life, or both; or
            ``(D) a fine under this title, imprisonment for not more 
        than 1 year, or both, for any other offense under subsection 
        (a)(5);
            ``(6) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(6) of this section; or
            ``(7) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(7) of this section..''.

SEC. 4. TRAFFICKING IN PASSWORDS.

    Section 1030(a) of title 18, United States Code, is amended by 
striking paragraph (6) and inserting the following:
            ``(6) knowingly and with intent to defraud traffics (as 
        defined in section 1029) in--
                    ``(A) any password or similar information or means 
                of access through which a protected computer as defined 
                in subparagraphs (A) and (B) of subsection (e)(2) may 
                be accessed without authorization; or
                    ``(B) any means of access through which a protected 
                computer as defined in subsection (e)(2)(A) may be 
                accessed without authorization.''.

SEC. 5. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

    Section 1030(b) of title 18, United States Code, is amended by 
inserting ``for the completed offense'' after ``punished as provided''.

SEC. 6. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED ACTIVITY IN 
              CONNECTION WITH COMPUTERS.

    Section 1030 of title 18, United States Code, is amended by 
striking subsections (i) and (j) and inserting the following:
    ``(i) Criminal Forfeiture.--
            ``(1) The court, in imposing sentence on any person 
        convicted of a violation of this section, or convicted of 
        conspiracy to violate this section, shall order, in addition to 
        any other sentence imposed and irrespective of any provision of 
        State law, that such person forfeit to the United States--
                    ``(A) such person's interest in any property, real 
                or personal, that was used, or intended to be used, to 
                commit or facilitate the commission of such violation; 
                and
                    ``(B) any property, real or personal, constituting 
                or derived from any gross proceeds, or any property 
                traceable to such property, that such person obtained, 
                directly or indirectly, as a result of such violation.
            ``(2) The criminal forfeiture of property under this 
        subsection, including any seizure and disposition of the 
        property, and any related judicial or administrative 
        proceeding, shall be governed by the provisions of section 413 
        of the Comprehensive Drug Abuse Prevention and Control Act of 
        1970 (21 U.S.C. 853), except subsection (d) of that section.
    ``(j) Civil Forfeiture.--
            ``(1) The following shall be subject to forfeiture to the 
        United States and no property right, real or personal, shall 
        exist in them:
                    ``(A) Any property, real or personal, that was 
                used, or intended to be used, to commit or facilitate 
                the commission of any violation of this section, or a 
                conspiracy to violate this section.
                    ``(B) Any property, real or personal, constituting 
                or derived from any gross proceeds obtained directly or 
                indirectly, or any property traceable to such property, 
                as a result of the commission of any violation of this 
                section, or a conspiracy to violate this section.
            ``(2) Seizures and forfeitures under this subsection shall 
        be governed by the provisions in chapter 46 of title 18, United 
        States Code, relating to civil forfeitures, except that such 
        duties as are imposed on the Secretary of the Treasury under 
        the customs laws described in section 981(d) of title 18, 
        United States Code, shall be performed by such officers, agents 
        and other persons as may be designated for that purpose by the 
        Secretary of Homeland Security or the Attorney General.''.

SEC. 7. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting after section 1030 the following:

``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.

    ``(a) Definitions.--In this section--
            ``(1) the terms `computer' and `damage' have the meanings 
        given such terms in section 1030; and
            ``(2) the term `critical infrastructure computer' means a 
        computer that manages or controls systems or assets vital to 
        national defense, national security, national economic 
        security, public health or safety, or any combination of those 
        matters, whether publicly or privately owned or operated, 
        including--
                    ``(A) gas and oil production, storage, and delivery 
                systems;
                    ``(B) water supply systems;
                    ``(C) telecommunication networks;
                    ``(D) electrical power delivery systems;
                    ``(E) finance and banking systems;
                    ``(F) emergency services;
                    ``(G) transportation systems and services; and
                    ``(H) government operations that provide essential 
                services to the public.
    ``(b) Offense.--It shall be unlawful to, during and in relation to 
a felony violation of section 1030, intentionally cause or attempt to 
cause damage to a critical infrastructure computer, and such damage 
results in (or, in the case of an attempt, would, if completed have 
resulted in) the substantial impairment--
            ``(1) of the operation of the critical infrastructure 
        computer; or
            ``(2) of the critical infrastructure associated with the 
        computer.
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned for not less than 3 years nor more 
than 20 years, or both.
    ``(d) Consecutive Sentence.--Notwithstanding any other provision of 
law--
            ``(1) a court shall not place on probation any person 
        convicted of a violation of this section;
            ``(2) except as provided in paragraph (4), no term of 
        imprisonment imposed on a person under this section shall run 
        concurrently with any other term of imprisonment, including any 
        term of imprisonment imposed on the person under any other 
        provision of law, including any term of imprisonment imposed 
        for the felony violation section 1030;
            ``(3) in determining any term of imprisonment to be imposed 
        for a felony violation of section 1030, a court shall not in 
        any way reduce the term to be imposed for such crime so as to 
        compensate for, or otherwise take into account, any separate 
        term of imprisonment imposed or to be imposed for a violation 
        of this section; and
            ``(4) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, 
        provided that such discretion shall be exercised in accordance 
        with any applicable guidelines and policy statements issued by 
        the United States Sentencing Commission pursuant to section 994 
        of title 28.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1030 the following:

``Sec. 1030A. Aggravated damage to a critical infrastructure 
                            computer.''.

SEC. 8. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.

    Section 1030(e)(6) of title 18, United States Code, is amended by 
striking ``alter;'' and inserting ``alter, but does not include access 
in violation of a contractual obligation or agreement, such as an 
acceptable use policy or terms of service agreement, with an Internet 
service provider, Internet website, or non-government employer, if such 
violation constitutes the sole basis for determining that access to a 
protected computer is unauthorized;''.
Cyber Crime Protection Security Act - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering.

Increases penalties for fraud and related activity in connection with computers.

Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization.

Imposes criminal penalties for attempts and conspiracies to commit fraud and related activity in connection with computers.

Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ).

 Prohibits, during and in relation to a felony violation of provisions regarding fraud and related activity in connection with computers, intentionally causing or attempting to cause damage to a critical infrastructure computer if such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment of the operation of that computer or of the critical infrastructure associated with the computer. Imposes a prison term of between 3 and 20 years, a fine, or both. Prohibits probation for any person convicted of such a violation. Provides for concurrent sentences under specified circumstances.

Excludes from the definition of "exceeds authorized access" for purposes of the prohibition against fraudulent use of computers, access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or nongovernment employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized.

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION.

    (a) Short Title.--This section may be cited as the ``Yellowstone 
Buffalo Preservation Act''.
    (b) Findings.--Congress finds the following:
            (1) More than any other animal, the American buffalo (Bison 
        bison) is a wildlife icon of the United States. The American 
        buffalo is the symbol that represents the Department of the 
        Interior. The American buffalo is profoundly significant to 
        Native American cultures and, perhaps more than any other 
        wildlife species, has influenced our history.
            (2) The American buffalo is still under assault, as it was 
        in the late 19th Century when it was nearly exterminated. At 
        the end of the great slaughter, in which tens of millions of 
        buffalo were killed, only a few hundred wild buffalo remained 
        in the Nation and all were located in Yellowstone National 
        Park. Due to poaching, their numbers were reduced to 25 by the 
        year 1900.
            (3) The offspring of the 25 survivors comprise the 
        Yellowstone buffalo herd and are the only wild, free-roaming 
        American buffalo to continuously occupy their native habitat in 
        the United States.
            (4) The Yellowstone buffalo herd is genetically unique. 
        Unlike captive ranched buffalo, which are now relatively 
        common, the Yellowstone buffalo herd has never interbred with 
        cattle and has retained its wild character.
            (5) Because the Park lacks extensive low-elevation winter 
        habitat that provides bison and elk with access to winter 
        forage, wildlife migrate from the high elevation plateau of 
        Yellowstone National Park to lower elevation habitat adjacent 
        to the Park in winter and spring.
            (6) The Yellowstone buffalo herd was exposed to the 
        bacterium Brucella abortus, which can cause the disease 
        brucellosis, in 1917. Brucellosis is only transmitted through 
        animal ingestion of contaminated reproductive products. 
        Brucellosis can cause abortions in infected animals, but only 
        infectious females who have the bacteria in their reproductive 
        system represent any potential threat of transmission. The risk 
        of transmission between wild buffalo and cattle was deemed low 
        in a 1992 General Accounting Office report, and again in a 1998 
        National Research Council study. In fact, there has never been 
        a confirmed incidence of brucellosis transmission in the wild 
        from buffalo to cattle. Buffalo with brucellosis and cattle 
        have grazed together for over 50 years in the Jackson Hole area 
        south of Yellowstone without any incident of disease 
        transmission. Despite these facts, the National Park Service, 
        the United States Forest Service, and the State of Montana 
        Department of Livestock haze, capture, and kill members of the 
        Yellowstone buffalo herd in an attempt to keep them unnaturally 
        confined within Yellowstone National Park. At the same time, 
        approximately 13,000 Yellowstone elk, some of which also harbor 
        brucellosis, are allowed unfettered access to Federal land 
        outside the Park. Since 1984, nearly 3,700 American buffalo 
        have been killed in Montana as a result of this policy. In the 
        winter of 2002-2003, 244 buffalo were killed by the Federal and 
        State agencies, including 231 buffalo which were captured and 
        slaughtered by the National Park Service.
            (7) The key lower elevation habitat needed by American 
        buffalo is primarily on Gallatin National Forest lands adjacent 
        to the north and west sides of the Park. On the north side, 
        taxpayers spent $13,000,000 in 1999 for a private-Federal land 
        exchange intended to make low elevation habitat adjacent to the 
        Yellowstone River accessible to the Yellowstone buffalo herd 
        and other wildlife. The land exchange has not yet been 
        finalized by Federal agencies and therefore key habitat is not 
        available to the Yellowstone buffalo herd.
            (8) On the west side of the Park, the Horse Butte peninsula 
        provides prime wildlife habitat for grizzly bears, trumpeter 
        swans, bald eagles, wolves, and buffalo. The peninsula 
        comprises approximately 10,000 acres of primarily Gallatin 
        National Forest Federal lands extending into Hebgen Lake.
            (9) National Park Service lands have been set aside for the 
        conservation of resources and values and for the enjoyment and 
        use of all citizens. The Federal lands adjacent to the Park 
        represent some of the most valuable and important wildlife 
        habitat in the lower forty-eight states. They are integrally 
        connected to the health of wildlife residing seasonally in our 
        Nation's oldest national park. Together, the Park and the 
        adjacent Federal lands provide some of our Nation's richest 
        opportunities for recreation, wildlife viewing, family camping, 
        wildlife conservation, fishing, and other recreational and 
        sporting activities. These Federal lands should be 
        preferentially managed to sustain this rich and diverse 
        wildlife resource and to provide the public with enjoyment of 
        this National treasure.
    (c) Purpose.--The purpose of this Act is to provide for the 
protection of the Yellowstone buffalo herd by allowing the Yellowstone 
buffalo herd to freely roam Federal lands outside of the Park. The 
Federal lands that are affected by this Act are those within the Park 
and adjacent to it on the north and west boundaries as indicated by 
zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of 
the 2000 Bison Management Plan for the State of Montana and Yellowstone 
National Park Final Environmental Impact Statement.
    (d) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Hazing.--The term ``hazing'' means any individual 
        effort to drive away, obstruct, chase, scare, or deter natural 
        movements of wildlife, including hazing efforts carried out on 
        foot or horseback or efforts aided by machinery, aircraft, or 
        any type of noise-making device.
            (2) Individual.--The term ``individual'' means any person 
        representing a State or Federal Government.
            (3) Park.--The term ``Park'' means Yellowstone National 
        Park.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Yellowstone buffalo herd.--The term ``Yellowstone 
        buffalo herd'' means the wild, free roaming, unfenced buffalo 
        living primarily within Yellowstone National Park.
    (e) Prohibited Acts; Criminal Penalties.--
            (1) Prohibited acts.--No individual may kill, haze, or 
        capture any buffalo on Federal land or land held under Federal 
        conservation easements or use any form of bait to lure buffalo 
        from any Federal land onto private land until the duties under 
        subsection (f) are carried out.
            (2) Penalties.--
                    (A) Initial violation.--Any individual found to be 
                in violation of paragraph (1) for the first time shall 
                be fined not more than $5,000 or imprisoned not more 
                than 1 year or both.
                    (B) Subsequent violations.--Any individual found to 
                be in violation of paragraph (1) after the first such 
                finding shall be fined not more than $10,000 or 
                imprisoned not more than 2 years or both.
                    (C) Reward.--One half of any fine collected under 
                this subsection or $2,500, whichever is less, shall be 
                paid to any person or persons giving information which 
                leads to conviction of a violation of this subsection.
                    (D) Exception.--This subsection shall not apply to 
                a person that is found to have been hazing a buffalo if 
                the person is physically endangered or private property 
                was damaged by a buffalo.
    (f) Duties.--The Secretary and other appropriate Federal agencies 
shall ensure that the following is accomplished not later than 3 years 
after the date of the enactment of this Act:
            (1) The Yellowstone buffalo herd is allowed to freely roam 
        the Park and the Federal lands adjacent to Yellowstone National 
        Park on the north and west boundaries as indicated by zones 2 
        and 3 on the Modified Preferred Alternative Map on page 181 of 
        the 2000 Bison Management Plan for the State of Montana and 
        Yellowstone National Park Final Environmental Impact Statement 
        without being hazed. These lands shall be made available 
        preferentially for buffalo and wildlife use.
            (2) Management authority of the Yellowstone buffalo herd 
        within the Park is under the sole jurisdiction of the National 
        Park Service.
            (3) The land exchange described in section 1(b)(7) with the 
        private property owner has been finalized, as set forth in the 
        agreement executed in 1999, so that the Yellowstone buffalo 
        herd may freely roam the lands described in paragraph (1).
            (4) The National Park Service has disassembled the Stephens 
        Creek Buffalo Capture Facility.
            (5) The Secretary has made every effort practicable to 
        allow the Yellowstone buffalo herd to freely roam Federal lands 
        through incentives and cooperative efforts with adjacent 
        private landowners, including through acquisition, easement, 
        cattle vaccination, and landowner agreement pertaining to 
        temporal and spatial separation of livestock from the 
        Yellowstone buffalo herd.
Yellowstone Buffalo Preservation Act - Prohibits an individual from killing, hazing, or capturing any buffalo on Federal lands or land held under Federal conservation easements or using any form of bait to lure buffalo from any Federal land onto private land until the Secretary of the Interior and other appropriate Federal agencies carry out specified duties.

Establishes fines and criminal penalties for violations of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women's Pension Equity Act of 
1996''.

SEC. 2. MODEL SPOUSAL CONSENT FORM AND QUALIFIED DOMESTIC RELATIONS 
              ORDER.

    (a) Model Spousal Consent Form.--
            (1) Amendment to internal revenue code.--Section 417(a) of 
        the Internal Revenue Code of 1986 is amended by adding at the 
        end the following new paragraph:
            ``(7) Consent form.--The Secretary shall develop a form not 
        later than January 1, 1997, for the spousal consent required 
        under paragraph (2) which--
                    ``(A) is written in a manner calculated to be 
                understood by the average person, and
                    ``(B) discloses in plain form whether--
                            ``(i) the waiver is irrevocable, and
                            ``(ii) the waiver may be revoked by a 
                        qualified domestic relations order.''.
            (2) Amendment to erisa.--Section 205(c) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1055(c)) is 
        amended by adding at the end the following new paragraph:
            ``(8) The Secretary of the Treasury shall develop a form no 
        later than January 1, 1997, for the spousal consent required 
        under paragraph (2) which--
                    ``(A) is written in a manner calculated to be 
                understood by the average person, and
                    ``(B) discloses in plain form whether--
                            ``(i) the wavier is irrevocable, and
                            ``(ii) the waiver may be revoked by a 
                        qualified domestic relations order.''.
    (b) Model Qualified Domestic Relations Order.--
            (1) Amendment to erisa.--Section 206(d)(3) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3)) 
        is amended by adding at the end the following new subparagraph:
    ``(O) The Secretary shall develop a form not later than January 1, 
1997, for a qualified domestic relations order--
            ``(i) which meets all the requirements of subparagraph 
        (B)(i), and
            ``(ii) the provisions of which focus attention on the need 
        to consider the treatment of any lump sum payment, qualified 
        joint and survivor annuity, or qualified preretirement survivor 
        annuity.''.
            (2) Amendment to internal revenue code.--Section 414(p) of 
        the Internal Revenue Code of 1986 is amended by adding at the 
        end the following new paragraph:
            ``(13) The Secretary of Labor shall develop a form not 
        later than January 1, 1997, for a qualified domestic relations 
        order which--
                    ``(A) which meets all the requirements of paragraph 
                (1)(A), and
                    ``(B) the provisions of which focus attention on 
                the need to consider the treatment of any lump sum 
                payment, qualified joint and survivor annuity, or 
                qualified preretirement survivor annuity.''.
    (c) Publicity.--The Secretary of the Treasury and the Secretary of 
Labor shall include publicity for the model forms required by the 
amendments made by this section in the pension outreach efforts 
undertaken by each Secretary.

SEC. 3. EXTENSION OF TIER II RAILROAD RETIREMENT BENEFITS TO SURVIVING 
              FORMER SPOUSES PURSUANT TO DIVORCE AGREEMENTS.

    (a) In General.--Section 5 of the Railroad Retirement Act of 1974 
(45 U.S.C. 231d) is amended by adding at the end the following new 
subsection:
    ``(d) Notwithstanding any other provisions of law, the payment of 
any portion of an annuity computed under section 3(d) to a surviving 
former spouse in accordance with a court decree of divorce, annulment, 
or legal separation or the terms of any court-approved property 
settlement incident to any such court decree shall not be terminated 
upon the death of the individual who preformed the service with respect 
to which such annuity is so computed unless such termination is 
otherwise required by the terms of such court decree.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. SURVIVOR ANNUITIES FOR WIDOWS, WIDOWERS, AND FORMER SPOUSES OF 
              FEDERAL EMPLOYEES WHO DIE BEFORE ATTAINING AGE FOR 
              DEFERRED ANNUITY UNDER CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Benefits for Widow or Widower.--Section 8341(f) of title 5, 
United States Code, is amended--
            (1) in the matter preceding paragraph (1) by--
                    (A) by inserting ``a former employee separated from 
                the service with title to deferred annuity from the 
                Fund dies before having established a valid claim for 
                annuity and is survived by a spouse, or if'' before ``a 
                Member''; and
                    (B) by inserting ``of such former employee or 
                Member'' after ``the surviving spouse'';
            (2) in paragraph (1)--
                    (A) by inserting ``former employee or'' before 
                ``Member commencing''; and
                    (B) by inserting ``former employee or'' before 
                ``Member dies''; and
            (3) in the undesignated sentence following paragraph (2)--
                    (A) in the matter preceding subparagraph (A) by 
                inserting ``former employee or'' before ``Member''; and
                    (B) in subparagraph (B) by inserting ``former 
                employee or'' before ``Member''.
    (b) Benefits for Former Spouse.--Section 8341(h) of title 5, United 
States Code, is amended--
            (1) in paragraph (1) by adding after the first sentence 
        ``Subject to paragraphs (2) through (5) of this subsection, a 
        former spouse of a former employee who dies after having 
        separated from the service with title to a deferred annuity 
        under section 8338(a) but before having established a valid 
        claim for annuity is entitled to a survivor annuity under this 
        subsection, if and to the extent expressly provided for in an 
        election under section 8339(j)(3) of this title, or in the 
        terms of any decree of divorce or annulment or any court order 
        or court-approved property settlement agreement incident to 
        such decree.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)(ii) by striking ``or 
                annuitant,'' and inserting ``annuitant, or former 
                employee''; and
                    (B) in subparagraph (B)(iii) by inserting ``former 
                employee or'' before ``Member''.
    (c) Protection of Survivor Benefit Rights.--Section 8339(j)(3) of 
title 5, United States Code, is amended by inserting at the end the 
following:
    ``The Office shall provide by regulation for the application of 
this subsection to the widow, widower, or surviving former spouse of a 
former employee who dies after having separated from the service with 
title to a deferred annuity under section 8338(a) but before having 
established a valid claim for annuity.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply only in 
the case of a former employee who dies on or after such date.

SEC. 5. COURT ORDERS RELATING TO FEDERAL RETIREMENT BENEFITS FOR FORMER 
              SPOUSES OF FEDERAL EMPLOYEES.

    (a) Civil Service Retirement System.--
            (1) In general.--Section 8345(j) of title 5, United States 
        Code, is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following 
                new paragraph:
    ``(3) Payment to a person under a court decree, court order, 
property settlement, or similar process referred to under paragraph (1) 
shall include payment to a former spouse of the employee, Member, or 
annuitant.''.
            (2) Lump-sum benefits.--Section 8342 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c) by striking ``Lump-sum 
                benefits'' and inserting ``Subject to subsection (j), 
                lump-sum benefits''; and
                    (B) in subsection (j)(1) by striking ``the lump-sum 
                credit under subsection (a) of this section'' and 
                inserting ``any lump-sum credit or lump-sum benefit 
                under this section''.
    (b) Federal Employees Retirement System.--Section 8467 of title 5, 
United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Payment to a person under a court decree, court order, 
property settlement, or similar process referred to under subsection 
(a) shall include payment to a former spouse of the employee, Member, 
or annuitant.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 6. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY WAIVER OF RETIRED 
              PAY TO ENHANCE CIVIL SERVICE RETIREMENT ANNUITY.

    (a) Civil Service Retirement and Disability System.--(1) Subsection 
(c) of section 8332 of title 5, United States Code, is amended by 
adding at the end the following:
    ``(4) If an employee or Member waives retired pay that is subject 
to a court order from which there has been effective service on the 
Secretary concerned for purposes of section 1408 of title 10, the 
military service on which the retired pay is based may be credited as 
service for purposes of this subchapter only if, in accordance with 
regulations prescribed by the Director of the Office of Personnel 
Management, the employee or Member authorizes the Director to deduct 
and withhold from the annuity payable to the employee or Member under 
this subchapter, and to pay to the former spouse covered by the court 
order, the same amount that would have been deducted and withheld from 
the employee's or Member's retired pay and paid to that former spouse 
under such section 1408.''.
    (2) Paragraph (1) of such subsection is amended by striking out 
``Except as provided in paragraph (2)'' and inserting ``Except as 
provided in paragraphs (2) and (4)''.
    (b) Federal Employees' Retirement System.--(1) Subsection (c) of 
section 8411 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(5) If an employee or Member waives retired pay that is subject 
to a court order for which there has been effective service on the 
Secretary concerned for purposes of section 1408 of title 10, the 
military service on which the retired pay is based may be credited as 
service for purposes of this chapter only if, in accordance with 
regulations prescribed by the Director of the Office of Personnel 
Management, the employee or Member authorizes the Director to deduct 
and withhold from the annuity payable to the employee or Member under 
this subchapter, and to pay to the former spouse covered by the court 
order, the same amount that would have been deducted and withheld from 
the employee's or Member's retired pay and paid to that former spouse 
under such section 1408.''.
    (2) Paragraph (1) of such subsection is amended by striking out 
``Except as provided in paragraph (2) or (3)'' and inserting ``Except 
as provided in paragraphs (2), (3), and (5)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 1997.

Women's Pension Equity Act of 1996 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the development of a model:  (1) spousal consent form when an election is made to waive a qualified joint and survivor annuity or a qualified preretirement survivor annuity; and (2) qualified domestic relations order. 
Amends the Railroad Retirement Act of 1974 to extend the payment of any portion of Tier II Railroad Retirement benefits to surviving former spouses pursuant to divorce agreements. 
Amends Federal law to provide for a survivor annuity to widows, widowers, and certain former spouses of Federal employees who die after having separated from the service with title to a deferred annuity, but before attaining age for such annuity under the Civil Service Retirement System on the same basis as is currently provided to certain survivors of former Members of Congress. 
Revises provisions concerning Federal retirement benefits subject to a court order.