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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Ocean Acidification Research
And Monitoring Act of 2009'' or the ''FOARAM Act''.

SEC. 2. PURPOSES.

(a) Purposes.--The purposes of this Act are to provide for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes
and consequences of ocean acidification on marine
organisms and ecosystems; and
(B) establish an interagency research and
monitoring program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.

SEC. 3. DEFINITIONS.

In this Act:
(1) Ocean acidification.--The term ''ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the atmosphere,
including carbon dioxide.
(2) Secretary.--The term ''Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ''Subcommittee'' means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.

SEC. 4. INTERAGENCY SUBCOMMITTEE.

(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science
and Technology of the National Science and Technology Council
shall coordinate Federal activities on ocean acidification and
establish an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives from
the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and Space
Administration, the United States Geological Survey, the United
States Fish and Wildlife Service, and such other Federal
agencies as appropriate.
(3) Chairman.--The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 5 of this Act and oversee the implementation of the
plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine
ecosystems; and
(B) adaptation and mitigation strategies to
conserve marine organisms and ecosystems exposed to
ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the
stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean acidification
developed through or utilized by the interagency ocean
acidification program accessible through electronic means,
including information which would be useful to policymakers,
researchers, and other stakeholders in mitigating or adapting
to the impacts of ocean acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the House
of Representatives that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) describes the progress in developing the plan
required under section 5 of this Act.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every 2
years thereafter, the Subcommittee shall transmit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives
that includes--
(A) a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) an analysis of the progress made toward
achieving the goals and priorities for the interagency
research plan developed by the Subcommittee under
section 5.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section 5
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives.
A revised plan shall be submitted at least once every 5 years
thereafter.

SEC. 5. STRATEGIC RESEARCH PLAN.

(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Subcommittee shall develop a strategic plan for
Federal research and monitoring on ocean acidification that will
provide for an assessment of the impacts of ocean acidification on
marine organisms and marine ecosystems and the development of
adaptation and mitigation strategies to conserve marine organisms and
marine ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring needed to
better understand ocean acidification and its potential impacts, and
recommendations made by the National Academy of Sciences in the review
of the plan required under subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
the understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
(A) advance understanding of ocean acidification
and its physical, chemical, and biological impacts on
marine organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic
impacts of ocean acidification; and
(C) provide information for the development of
adaptation and mitigation strategies to conserve marine
organisms and marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research
efforts;
(4) identify relevant programs and activities of the
Federal agencies that contribute to the interagency program
directly and indirectly and set forth the role of each Federal
agency in implementing the plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the United
States with such activities of other nations and international
organizations;
(7) outline budget requirements for Federal ocean
acidification research and monitoring and assessment activities
to be conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems that
may be needed to ensure adequate data collection and monitoring
of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum the
following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological responses of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced changes
in temperature, ocean circulation, biogeochemistry, ecosystem
and terrestrial input, and modeling to determine impacts on
marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary shall
enter into an agreement with the National Academy of Sciences to review
the plan.
(e) Public Participation.--In developing the plan, the Subcommittee
shall consult with representatives of academic, State, industry and
environmental groups. Not later than 90 days before the plan, or any
revision thereof, is submitted to the Congress, the plan shall be
published in the Federal Register for a public comment period of not
less than 60 days.

SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.

(a) In General.--The Secretary shall establish and maintain an
ocean acidification program within the National Oceanic and Atmospheric
Administration to conduct research, monitoring, and other activities
consistent with the strategic research and implementation plan
developed by the Subcommittee under section 5 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and
activities to improve understanding of ocean
acidification;
(B) the establishment of a long-term monitoring
program of ocean acidification utilizing existing
global and national ocean observing assets, and adding
instrumentation and sampling stations as appropriate to
the aims of the research program;
(C) research to identify and develop adaptation
strategies and techniques for effectively conserving
marine ecosystems as they cope with increased ocean
acidification;
(D) as an integral part of the research programs
described in this Act, educational opportunities that
encourage an interdisciplinary and international
approach to exploring the impacts of ocean
acidification;
(E) as an integral part of the research programs
described in this Act, national public outreach
activities to improve the understanding of current
scientific knowledge of ocean acidification and its
impacts on marine resources; and
(F) coordination of ocean acidification monitoring
and impacts research with other appropriate
international ocean science bodies such as the
International Oceanographic Commission, the
International Council for the Exploration of the Sea,
the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socioeconomic impacts of increased ocean acidification that
are relevant to the goals and priorities of the strategic
research plan; and
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
(b) Additional Authority.--In conducting the Program, the Secretary
may enter into and perform such contracts, leases, grants, or
cooperative agreements as may be necessary to carry out the purposes of
this Act on such terms as the Secretary considers appropriate.

SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES.

(a) Research Activities.--The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification
and its impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be consistent with
the strategic research plan developed by the Subcommittee under section
5.
(c) Coordination.--The Director shall encourage coordination of the
Foundation's ocean acidification activities with such activities of
other nations and international organizations.

SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.

(a) Ocean Acidification Activities.--The Administrator of the
National Aeronautics and Space Administration, in coordination with
other relevant agencies, shall ensure that space-based monitoring
assets are used in as productive a manner as possible for monitoring of
ocean acidification and its impacts.
(b) Program Consistency.--The Administrator shall ensure that the
Agency's research and monitoring activities on ocean acidification are
carried out in a manner consistent with the strategic research plan
developed by the Subcommittee under section 5.
(c) Coordination.--The Administrator shall encourage coordination
of the Agency's ocean acidification activities with such activities of
other nations and international organizations.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) NOAA.--There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out the purposes of
this Act--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the National
Science Foundation to carry out the purposes of this Act--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.

Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group.

Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan.

Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program.

Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts.

Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Holocaust Victim Insurance Relief
Act of 1998''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) During World War II, 6,000,000 victims of the Holocaust
lost their lives and property.
(2) In addition to the many atrocities that befell the
victims of the Nazi regime, many of the insurance claims that
rightfully should have been paid to the victims and their
families were not.
(3) In many instances, insurance company records are the
only proof of the existence of these insurance policies
belonging to Holocaust victims.
(4) Many Holocaust survivors and their descendants have
been fighting for 50 years to persuade insurance companies to
settle unpaid claims.
(5) Holocaust survivors and families of victims have asked
that insurance companies disclose any information they possess
that could show proof of insurance policies held by Holocaust
victims and survivors.
(6) Insurance companies doing business in the United States
have a responsibility to ensure that any involvement they or
their related companies may have had with insurance policies of
Holocaust victims are disclosed to the Federal Government and
to ensure the rapid resolution of these questions, eliminating
the further victimization of these policyholders and their
families.
(7) The international Jewish community is negotiating with
responsible insurance companies to establish an international
commission to resolve the issue of outstanding insurance
claims.

SEC. 3. ESTABLISHMENT OF HOLOCAUST INSURANCE REGISTRY.

The Secretary of the Treasury, Secretary of State, and Secretary of
Commerce shall jointly establish and maintain a central registry
containing records and information relating to insurance policies of
victims, living and deceased, of the Holocaust. The registry shall be
known as the Holocaust Insurance Registry and shall be accessible to
the public.

SEC. 4. FULL DISCLOSURE BY INSURANCE FIRMS.

Any insurer currently doing business in the United States that sold
life, property, liability, health, annuity, dowry, educational, or
casualty insurance policies, directly or through a related company, to
persons in Europe, which were in effect between 1920 and 1945, whether
the sale occurred before or after the insurer and the related company
became related, shall, within 180 days following the date of the
enactment of this Act, file or cause to be filed the following
information with the Departments of the Treasury, State, or Commerce to
be entered into the Holocaust Insurance Registry:
(1) The number of such insurance policies.
(2) The holder, beneficiary, and current status of such
policies.
(3) A comparison of the names of holders and beneficiaries
of such policies and the names of the victims of the Holocaust.
The names of victims of the Holocaust shall be provided by the
Department of State and may additionally be obtained from the Yad
Vashem repository in Israel.

SEC. 5. CERTIFICATION BY INSURANCE COMPANIES.

Each insurer subject to section 4 shall certify under penalty of
perjury to any of the following:
(1) The proceeds of the policies described in section 4
have been paid to the designated beneficiaries or their heirs
where that person or persons, after diligent search, could be
located and identified.
(2) The proceeds of the policies where the beneficiaries or
heirs could not, after diligent search, be located or
identified, have been distributed to Holocaust survivors or to
qualified charitable nonprofit organizations for the purpose of
assisting Holocaust survivors.
(3) A court of law has certified in a legal proceeding
resolving the rights of unpaid policyholders, their heirs, and
beneficiaries, a plan for the distribution of the proceeds.
(4) The proceeds have not been distributed and the amount
of those proceeds.
An insurer currently doing business in the United States that did not
sell any insurance policies in Europe prior to 1945, shall not be
subject to this section if a related company, whether or not authorized
and currently doing business in the United States, has made a filing
under this section.

SEC. 6. PENALTIES FOR FAILURE TO DISCLOSE INFORMATION.

(a) In General.--Any insurer that knowingly files information
required by this Act that is false shall be liable for a civil penalty
not to exceed $5,000 for each violation, which penalty is hereby
appropriated to the Departments of Treasury, State, and Commerce to be
used to aid in the resolution of Holocaust insurance claims.
(b) Suspension.--Any insurance company that fails to comply with
the requirements of this Act by the 210th day after the date of the
enactment of this Act, shall be suspended from practicing in the
insurance business until the time that the insurer complies with this
Act.
(c) Regulation.--The Secretary of the Treasury, Secretary of State,
and Secretary of Commerce shall jointly adopt regulations to implement
this Act.

SEC. 7. SENSE OF CONGRESS.

It is the sense of Congress that outstanding claims under insurance
policies held by Holocaust victims and survivors be resolved at the
earliest possible time.

SEC. 8. DEFINITIONS.

For purposes of this Act:
(1) The term ''Holocaust victim'' means any person who was
persecuted during the period of 1929 to 1945, inclusive, by
Nazi Germany, its allies, or sympathizers.
(2) The term ''related company'' means any parent,
subsidiary, reinsurer, successor in interest, managing general
agent, or affiliate company of the insurer.
(3) The term ''proceeds'' means the face value or other
payout value of insurance policies and annuities plus
reasonable interest to date of payment without diminution for
wartime or immediate postwar currency devaluation.
Holocaust Victim Insurance Relief Act of 1998 - Directs the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce jointly to establish a central public registry containing records and information relating to insurance policies of living and deceased victims of the Holocaust, to be known as the Holocaust Insurance Registry.
Requires any insurer currently doing business in the United States that sold life, property, liability, health, annuity, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, to file with the Departments of the Treasury, State, or Commerce for entry into the Registry: (1) the number of such insurance policies; (2) the holder, beneficiary, and current status of such policies; and (3) a comparison of the names of holders and beneficiaries of such policies and the names of Holocaust victims.
Requires each such insurer to certify under penalty of perjury to any of the following: (1) the proceeds of the policies have been paid to the designated beneficiaries or their heirs where that person or persons could be located and identified; (2) the proceeds of the policies, where the beneficiaries or heirs could not be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors; (3) a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed and the amounts of those proceeds. Exempts from such filing requirement any insurer currently doing business in the United States that did not sell any insurance policies in Europe before 1945, if a related company, whether or not authorized and currently doing business in the United States, has made such a filing.
Makes any insurer that knowingly files false information liable for a civil penalty not to exceed $5,000 for each violation, which penalty is appropriated to the Departments of the Treasury, State, and Commerce to be used to aid in the resolution of Holocaust insurance claims. Declares that any insurance company that fails to comply with the requirements of this Act shall be suspended from practicing in the insurance business until the time that the insurer complies.
Expresses the sense of the Congress that outstanding claims under insurance policies held by Holocaust victims and survivors be resolved at the earliest possible time.

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.