[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3345 Enrolled Bill (ENR)]
<DOC>
H.R.3345
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To provide temporary authority to Government agencies relating to
voluntary separa-
tion incentive payments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

0a4cfcd1a93ef5746bcab4c4ae19ea831647e8fba465286ff7662e77ea65e307

This Act may be cited as the ``Federal Workforce Restructuring Act
of 1994''.

278f8079c96c92dae27bb9cabdadb13acc405a6e4cee391a8d505199d5464ba3

(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.

a7ed1e38603d85702b6a9a9503a0fdefac81fe85f720a8f95a98e0cc06f3bfaa

(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
Pseparation;
(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 PGovernment._
(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.

6000d4bc879337d02a61f4f2f766d1aaa9938f9b889eea8b48b5c00c828ad10a

(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.

ae69137b84b08097135139c3e7f4a7c4f16aa52db03f674a05baf454b2bfbda2

(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.

6084ffb20c71c7b3bcee946913278caaf337897304c7d4327107637dd5e89f1c

INCENTIVE PAYMENTS.
No later than December 31st of each fiscal year, the Office of
Personnel Management shall submit to the Committee on Governmental
Affairs of the Senate and the Committee on Post Office and Civil
Service of the House of Representatives a report which, with respect to
the preceding fiscal year, shall include_
(1) the number of employees who received a voluntary separation
incentive payment under section 3 during such preceding fiscal
year;
(2) the agency from which each such employee separated;
(3) at the time of separation from service by each such
employee_
(A) such employee's grade or pay level; and
(B) the geographic location of such employee's official
duty station, by region, State, and city (or foreign nation, if
applicable); and
(4)(A) the number of waivers made (in the repayment upon
subsequent employment) by each agency or other authority under
section 3 or the amendments made by section 8; and
(B) the title and the grade or pay level of the position filled
by the employee to whom such waiver applied.

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(a) Payment._No later than October 31, 1994, the Director of the
National Aeronautics and Space Administration shall pay $5,000 to each
full-time contractor employee who_
(1) was hired, under a contract relating to the Advanced Solid
Rocket Motor Program, by_
(A) Lockheed Missiles and Space Company;
(B) Aerojet Corporation, Advanced Solid Rocket Motor
Division; or
(C) Rust Corporation;
(2) was separated from employment in Yellow Creek, Mississippi,
as a result of the termination of the Advanced Solid Rocket Motor
Program; and
(3)(A) had been hired locally at Yellow Creek, Mississippi; or
(B) based on the separation referred to in paragraph (2), was
eligible, but elected not, to be relocated.
(b) Offset._No payment made under this section shall be offset
against the severance costs of a contractor.
(c) Source of Payments._Payments under this section shall be from
funds appropriated under the subheading ``space flight, control and
data communications'' under the heading ``National Aeronautics and
Space Administration'' under title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1994 (Public Law 103-124; 107 Stat. 1299).
(d) Limitation on Payments._The amount of total payments made under
this section may not exceed $1,000,000.

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(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.''.

713b8877174c8c73e0cd235da4e6e3ff838e655ddc13117a7cc52067c209c17b

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.

08e204b7fa4d4c3914a3de1ae0a1505ad8dafb9c7038e873a5c84dc3cd39ef00

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 Pamended 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Early Out bill — HR. 3345

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