[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 380 Engrossed in House (EH)]
H. RES. 380
In the House of Representatives, U. S.,
March 8, 1994.
Resolved, That upon the adoption of this resolution, the bill (H.R. 3345) to
provide temporary authority to Government agencies relating to voluntary
separation incentive payments, and for other purposes, with the Senate amendment
thereto, shall be considered to have been taken from the Speaker's table to the
end that the Senate amendment thereto be, and the same is hereby, agreed to with
an amendment as follows:
In lieu of the matter proposed to be inserted by the amendment of the Senate
to the text of the bill, insert the following:
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 organizational 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 follows
through ``maintain'' and inserting ``In order
to assist in achieving an agency's mission and
performance goals by improving employee and
organizational performance, 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 selection 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
``determines'' 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
redesignating paragraph (3) as paragraph (2);
and
(iii) in subparagraph (C) of paragraph (2)
(as so redesignated) by striking ``retaining''
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:
``Sec. 4107. Restriction on degree training'';
(B) by striking subsections (a) and (b) and
redesignating subsections (c) and (d) as subsections
(a) and (b), respectively;
(C) by amending subsection (a) (as so
redesignated)--
(i) by striking ``subsection (d)'' and
inserting ``subsection (b)''; and
(ii) by striking ``by, in, or through a
non-Government facility''; and
(D) by amending paragraph (1) of subsection (b) (as
so redesignated) by striking ``subsection (c)'' and
inserting ``subsection (a)'';
(6) in section 4108(a) by striking ``by, in, or through a
non-Government facility under this chapter'' and inserting
``for more than a minimum period prescribed by the head of the
agency'';
(7) in section 4113(b)--
(A) in the first sentence by striking ``annually to
the Office,'' and inserting ``to the Office, at least
once every 3 years, and''; and
(B) by striking the matter following the first
sentence and inserting the following: ``The report
shall set forth--
``(1) information needed to determine that training is
being provided in a manner which is in compliance with
applicable laws intended to protect or promote equal employment
opportunity; and
``(2) information concerning the expenditures of the agency
in connection with training and such other information as the
Office considers appropriate.'';
(8) by repealing section 4114; and
(9) in section 4118--
(A) in subsection (a)(7) by striking ``by, in, and
through non-Government facilities'';
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and (d) as
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 sections
4106 and 4114; and
(B) by amending the item relating to section 4107
to read as follows:
``4107. Restriction on degree training.''.
(c) Effective Date.--The amendments made by this section shall
become effective on the date of enactment of this Act.
SEC. 3. VOLUNTARY SEPARATION INCENTIVES.
(a) Definitions.--For the purpose of this section--
(1) the term ``agency'' means an Executive agency (as
defined by section 105 of title 5, United States Code), but
does not include the Department of Defense, the Central
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
employed by a county committee established under section 8(b)
of the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)), but does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, or another retirement system for employees of the
Government; or
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under the applicable retirement
system referred to in subparagraph (A).
(b) Authority.--
(1) In general.--In order to avoid or minimize the need for
involuntary separations due to a reduction in force,
reorganization, transfer of function, or other similar action,
and subject to paragraph (2), the head of an agency may pay, or
authorize the payment 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 factors
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 retirement or resignation)
before April 1, 1995.
(B) Exception.--An employee who does not separate
from service before the date specified in subparagraph
(A) shall be ineligible for an incentive payment under
this section unless--
(i) the agency head determines that, in
order to ensure the performance of the agency's
mission, it is necessary to delay such
employee's separation; and
(ii) the employee separates after
completing any additional period of service
required (but not later than March 31, 1997).
(c) Amount and Treatment of Payments.--A voluntary separation
incentive payment--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code, if the employee were
entitled to payment under such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of any severance pay to which an employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(5) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(d) Effect of Subsequent Employment With the Government.--
(1) In general.--An employee who has received a 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
incentive payment to the agency that paid the incentive
payment.
(2) Waiver authority.--
(A) Executive agency.--If the employment is with an
Executive agency (as defined by section 105 of title 5,
United States Code), the Director of the Office of
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.
(B) Legislative branch.--If the employment is with
an entity in the legislative branch, the head of the
entity or the appointing official may waive the
repayment if the individual involved possesses unique
abilities and is the only qualified applicant available
for the position.
(C) Judicial branch.--If the employment is with the
judicial branch, the Director of the Administrative
Office of the United States Courts may waive the
repayment if the individual involved possesses unique
abilities and is the only qualified applicant available
for the position.
(3) Definition.--For purposes of paragraph (1) (but not
paragraph (2)), the term ``employment'' includes employment
under a personal services contract with the United States.
(e) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary for the
administration of subsections (a) through (d).
(f) Employees of the Judicial Branch.--The Director of the
Administrative Office of the United States Courts may, by 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 RETIREMENT FUND.
(a) Relating to Fiscal Years 1994 and 1995.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of title
5, United States Code, an agency shall remit to the Office of
Personnel Management for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 9 percent of the final basic
pay of each employee of the agency--
(A) who, on or after the date of the enactment of
this Act and before October 1, 1995, retires under
section 8336(d)(2) of such title; and
(B) to whom a voluntary separation incentive
payment has been or is to be paid by such agency based
on that retirement.
(2) Definitions.--For the purpose of this subsection--
(A) the term ``final basic pay'', with respect to
an employee, means the total amount of basic pay which
would be payable for a year of service by such
employee, computed using the employee's final rate of
basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor; and
(B) the term ``voluntary separation incentive
payment'' means--
(i) a voluntary separation incentive
payment under section 3 (including under any
program established under section 3(f)); and
(ii) any separation pay under section 5597
of title 5, United States Code, or section 2 of
the Central Intelligence Agency Voluntary
Separation Pay Act (Public Law 103-36; 107
Stat. 104).
(b) Relating to Fiscal Years 1995 Through 1998.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, in fiscal years
1995, 1996, 1997, and 1998 (and in addition to any amounts
required under subsection (a)), each agency shall, before the
end of each such fiscal year, remit to the Office of Personnel
Management for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund
an amount equal to the product of--
(A) the number of employees of such agency who, as
of March 31st of such fiscal year, are subject to
subchapter III of chapter 83 or chapter 84 of such
title; multiplied by
(B) $80.
(2) Definition.--For the purpose of this subsection, the
term ``agency'' means an Executive agency (as defined by
section 105 of title 5, United States Code), but does not
include the General Accounting Office.
(c) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry out this
section.
SEC. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT 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 include the General
Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--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 each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If, at any time during a fiscal year, the Office
of Management and Budget notifies the President and the Congress that
any requirement under subsection (b) is not met, no agency may hire any
employee for any position in such agency until the Office of Management
and Budget notifies the President and the Congress that the total
number of full-time equivalent positions for all agencies equals or is
less than the applicable number required under subsection (b).
(e) Waiver.--
(1) Emergencies.--Any provision of this section may be
waived upon a determination by the President that--
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary emergency
threatening life, health, safety, property, or the
environment so requires.
(2) Agency efficiency or critical mission.--
(A) Subsection (d) may be waived, in the case of a
particular position or category of positions in an
agency, upon a determination of the President that the
efficiency of the agency or the performance of a
critical agency mission so requires.
(B) Whenever the President grants a waiver pursuant
to subparagraph (A), the President shall take all
necessary actions to ensure that the overall
limitations set forth in subsection (b) are not
exceeded.
(f) Employment Backfill Prevention.--
(1) In general.--The total number of funded employee
positions in all agencies (excluding the Department of Defense
and the Central Intelligence Agency) shall be reduced by one
position for each vacancy created by the separation of any
employee who has received, or is due to receive, a voluntary
separation incentive payment under section 3 (a)-(e). For
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 expenses of positions
eliminated under this subsection may be used for any purpose
other than authorized separation costs.
(g) Limitation on Procurement of Service Contracts.--The President
shall take appropriate action to ensure that there is no increase in
the procurement of service contracts by reason of the enactment of this
Act, except in cases in which a cost comparison demonstrates such
contracts would be to the financial advantage of the Federal
Government.
SEC. 6. 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 employment with the Government of the United States within 5
years after the date of the separation on which payment of the
separation pay is based shall be required to repay the entire amount of
the separation pay to the defense agency that paid the separation pay.
``(2) If the employment is with an Executive agency, the Director
of the Office of Personnel Management may, at the request of the head
of the agency, waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position.
``(3) If the employment is with an entity in the legislative
branch, the head of the entity or the appointing official may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.
``(4) If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.''.
(b) Central Intelligence Agency Separation Payment.--Section 2(b)
of the Central Intelligence Agency Voluntary Separation Pay Act (Public
Law 103-36; 107 Stat. 104) is amended by adding at the end the
following: ``An employee who receives separation pay under this section
on the basis of a separation occurring on or after the date of the
enactment of the Federal Workforce Restructuring Act of 1994 and
accepts employment with the 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 Central Intelligence Agency. If the
employment is with an Executive agency (as defined by section 105 of
title 5, United States Code), the Director of the Office of Personnel
Management may, at the request of the head of the agency, waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position. If the
employment is with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the only
qualified applicant available for the position. If the employment is
with the judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the individual
involved possesses unique abilities and is the only qualified applicant
available for the position.''.
SEC. 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 amended--
(1) by amending paragraph (4) to read as follows:
``(4) Section 8433(b) of this title applies to any employee or
Member who elects to make contributions to the Thrift Savings Fund
under subsection (a) of this section and separates from Government
employment.'';
(2) by striking paragraphs (5), (6), and (8);
(3) by redesignating paragraphs (7), (9), and (10) as
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 redesignated 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 nonforfeitable account balance to the
participant in a single payment unless the employee or Member elects,
at such time and otherwise in such manner as the Executive Director
prescribes, one of the options available under subsection (b).''; and
(6) in paragraph (7) (as so redesignated by paragraph (3)
of this subsection) by striking ``nonforfeiture'' and inserting
``nonforfeitable''.
(b) Benefits and Election of Benefits.--Section 8433 of title 5,
United States Code, is amended--
(1) in subsection (b) by striking the matter before
paragraph (1) and inserting the following:
``(b) Subject to section 8435 of this title, any employee or Member
who separates from Government employment is entitled and may elect--'';
(2) by striking subsections (c) and (d) and redesignating
subsections (e) through (i) as subsections (c) through (g),
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 section 402(a)(5)(E) of the Internal
Revenue Code of 1954)'' and inserting ``directly to an eligible
retirement plan or plans (as defined in section 402(c)(8) of
the Internal Revenue Code of 1986)'';
(4) in subsection (d)(2) (as so redesignated by paragraph
(2) of this subsection) by striking ``or (c)(2)''; and
(5) in subsection (f) (as so redesignated by paragraph (2)
of this subsection)--
(A) by striking paragraph (1) and redesignating
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
subsections (b) and (c), if an employee or
Member separates from Government employment
under circumstances making such employee or
Member eligible to make an election under
either of those subsections, and such
employee's or Member's'' and inserting
``Notwithstanding subsection (b), if an
employee or Member separates from Government
employment, and such employee's or Member's'';
and
(ii) by striking ``or (c), as applicable'';
and
(C) in paragraph (2) (as so redesignated by
subparagraph (A) of this paragraph) by striking
``paragraphs (1) and (2)'' and inserting ``paragraph
(1)''.
(c) Annuities: Methods of Payment; Election; Purchase.--Section
8434(c) of title 5, United States Code, is amended to read as follows:
``(c) Notwithstanding the elimination of a method of payment by the
Board, an employee, Member, former employee, or former Member may elect
the eliminated method if the elimination of such method becomes
effective less than 5 years before the date on which that individual's
annuity commences.''.
(d) Protections for Spouses and Former Spouses.--Section 8435 of
title 5, United States Code, is amended--
(1) in subsection (a)(1)(A) by striking ``subsection
(b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title
or change an election previously made under subsection (b)(1),
(b)(2), (c)(1), or (c)(2)'' and inserting ``subsection (b)(3)
or (b)(4) of section 8433 of this title or change an election
previously made under subsection (b)(1) or (b)(2)'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (i) as
subsections (b) through (h), respectively;
(4) in subsection (b) (as so redesignated by paragraph (3)
of this subsection) by amending paragraph (2) to read as
follows:
``(2) Paragraph (1) shall not apply if--
``(A) a joint waiver of such method is made, in
writing, by the employee or Member and the spouse; or
``(B) the employee or Member waives such method, in
writing, after establishing to the satisfaction of the
Executive Director that circumstances described under
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 inserting the
following:
``(7) Notwithstanding paragraphs (4) and (5), if any justice or
judge retires under subsection (a) or (b) of section 371 or section
372(a) of title 28, or resigns without having met the age and service
requirements set forth under section 371(c) of title 28, and such
justice's or judge's nonforfeitable account balance is $3,500 or less,
the Executive Director shall pay the nonforfeitable account balance to
the participant in a single payment unless the justice or judge elects,
at such time and otherwise in such manner as the Executive Director
prescribes, one of the options available under section 8433(b).''.
(f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5,
United States Code, is amended--
(1) in subsection (b)(4) by amending subparagraph (B) to
read as follows:
``(B) Section 8433(b) of this title applies to any bankruptcy judge
or magistrate who elects to make contributions to the Thrift Savings
Fund under subsection (a) of this section and who retires before
attaining age 65 but is entitled, upon attaining age 65, to an annuity
under section 377 of title 28 or section 2(c) of the Retirement and
Survivors Annuities for Bankruptcy Judges and Magistrates Act of
1988.'';
(2) in subsection (b)(4)(C) by striking ``Section 8433(d)''
and inserting ``Section 8433(b)'';
(3) in subsection (b)(5) by striking ``retirement under
section 377 of title 28 is'' and inserting ``any of the actions
described under paragraph (4) (A), (B), or (C) shall be
considered'';
(4) in subsection (b) by striking paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(5) in paragraph (8) of subsection (b) (as so redesignated
by paragraph (4) of this subsection)--
(A) by striking ``Notwithstanding subparagraphs (A)
and (B) of paragraph (4), if any bankruptcy judge or
magistrate retires under circumstances making such
bankruptcy judge or magistrate eligible to make an
election under subsection (b) or (c)'' and inserting
``Notwithstanding paragraph (4), if any bankruptcy
judge or magistrate retires under circumstances making
such bankruptcy judge or magistrate eligible to make an
election under subsection (b)''; and
(B) by striking ``and (c), as applicable''.
(g) Claims Court Judges.--Section 8440c of title 5, United States
Code, is amended--
(1) in subsection (b)(4)(B) by striking ``Section 8433(d)''
and inserting ``Section 8433(b)'';
(2) in subsection (b)(5) by striking ``retirement under
section 178 of title 28 is'' and inserting ``any of the actions
described in paragraph (4) (A) or (B) shall be considered'';
(3) in subsection (b) by striking paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(4) in paragraph (8) (as so redesignated by paragraph (3)
of this subsection) by striking ``Notwithstanding paragraph
(4)(A)'' and inserting ``Notwithstanding paragraph (4)''.
(h) Judges of the United States Court of Veterans Appeals.--Section
8440d(b)(5) of title 5, United States Code, is amended by striking ``A
transfer shall be made as provided in section 8433(d) of this title''
and inserting ``Section 8433(b) of this title applies''.
(i) Technical and Conforming Amendments.--Title 5, United States
Code, is amended--
(1) in section 8351(b)(5)(B) (as so redesignated by
subsection (a)(3) of this section) by striking ``section
8433(i)'' and inserting ``section 8433(g)'';
(2) in section 8351(b)(5)(D) (as so redesignated by
subsection (a)(3) of this section) by striking ``section
8433(i)'' and inserting ``section 8433(g)'';
(3) in section 8433(b)(4) by striking ``subsection (e)''
and inserting ``subsection (c)'';
(4) in section 8433(d)(1) (as so redesignated by subsection
(b)(2) of this section) by striking ``(d) of section 8435'' and
inserting ``(c) of section 8435'';
(5) in section 8433(d)(2) (as so redesignated by subsection
(b)(2) of this section) by striking ``section 8435(d)'' and
inserting ``section 8435(c)'';
(6) in section 8433(e) (as so redesignated by subsection
(b)(2) of this section) by striking ``section 8435(d)(2)'' and
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 ``subsection (c)''
and inserting ``subsection (b)'';
(10) in section 8435(d)(1)(B) (as so redesignated by
subsection (d)(3) of this section) by striking ``subsection
(d)(2)'' and inserting ``subsection (c)(2)'';
(11) in section 8435(d)(3)(A) (as so redesignated by
subsection (d)(3) of this section) by striking ``subsection
(c)(1)'' and inserting ``subsection (b)(1)'';
(12) in section 8435(d)(6) (as so redesignated by
subsection (d)(3) of this section) by striking ``or (c)(2)''
and inserting ``or (b)(2)'';
(13) in section 8435(e)(1)(A) (as so redesignated by
subsection (d)(3) of this section) by striking ``section
8433(i)'' and inserting ``section 8433(g)'';
(14) in section 8435(e)(2) (as so redesignated by
subsection (d)(3) of this section) by striking ``section
8433(i) of this title shall not be approved if approval would
have the result described in subsection (d)(1)'' and inserting
``section 8433(g) of this title shall not be approved if
approval would have the result described under subsection
(c)(1)'';
(15) in section 8435(g) (as so redesignated by subsection
(d)(3) of this section) by striking ``section 8433(i)'' and
inserting ``section 8433(g)'';
(16) in section 8437(c)(5) by striking ``section 8433(i)''
and inserting ``section 8433(g)''; and
(17) in section 8440a(b)(6) by striking ``section
8351(b)(7)'' and inserting ``section 8351(b)(5)''.
(j) Effective Date.--This section shall take effect 1 year after
the date of the enactment of this Act or on such earlier date as the
Executive Director of the Federal Retirement Thrift 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 Incentives to Certain
Former Federal Employees.--Section 607(a) of the Alaska Railroad
Transfer Act of 1982 (45 U.S.C. 1206(a)) is amended by adding at the
end the following:
``(4)(A) The State-owned railroad shall be included in the
definition of `agency' for purposes of section 3 (a), (b), (c),
and (e) of the Federal Workforce Restructuring Act of 1994 and
may elect to participate in the voluntary separation incentive
program 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 railroad within 5 years after the date of
separation on which payment of the incentive is based shall be
required to repay the entire amount of the incentive payment
unless the head of the State-owned railroad determines that the
individual involved possesses unique abilities and is the only
qualified applicant available for the position.''.
(b) Life and Health Insurance Benefits.--Section 607 of the Alaska
Railroad Transfer Act of 1982 (45 U.S.C. 1206) is amended by striking
subsection (e) and inserting the following:
``(e)(1) Any person described under the provisions of paragraph (2)
may elect life insurance coverage under chapter 87 of title 5, United
States Code, and enroll in a health benefits plan under chapter 89 of
title 5, United States Code, in accordance with the provisions of this
subsection.
``(2) The provisions of paragraph (1) shall apply to any person
who--
``(A) on the date of the enactment of the Federal Workforce
Restructuring Act of 1994, is an employee of the State-owned
railroad;
``(B) has 20 years or more of service (in the civil service
as a Federal employee or as an employee of the State-owned
railroad, combined) on the date of retirement from the State-
owned railroad; and
``(C)(i) was covered under a life insurance policy pursuant
to chapter 87 of title 5, United States Code, on January 4,
1985, for the purpose of electing life insurance coverage under
the provisions of paragraph (1); or
``(ii) was enrolled in a health benefits plan pursuant to
chapter 89 of title 5, United States Code, on January 4, 1985,
for the purpose of enrolling in a health benefits plan under
the provisions of paragraph (1).
``(3) For purposes of this section, any person described under the
provisions of paragraph (2) shall be deemed to have been covered under
a life insurance policy under chapter 87 of title 5, United States
Code, and to have been enrolled in a health benefits plan under chapter
89 of title 5, United States Code, during the period beginning on
January 5, 1985, through the date of retirement of any such person.
``(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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