[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 877 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 877

  To disestablish the National Oceanic and Atmospheric Administration 
                    Corps of Commissioned Officers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 1997

Mr. McCain  (by request) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
  To disestablish the National Oceanic and Atmospheric Administration 
                    Corps of Commissioned Officers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NOAA Corps Disestablishment Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to disestablish the Corps of Commissioned Officers of 
        the National Oceanic and Atmospheric Administration, a 
        uniformed service within the Department of Commerce;
            (2) to provide for fair treatment of retired officers and 
        officers on the active list of the NOAA Corps, and other 
        employees of the National Oceanic and Atmospheric 
        Administration and the Department of Commerce; and
            (3) to provide for the retention of professional skills and 
        experience required by NOAA to continue to carry out its 
        mission effectively.

SEC. 3. CONVERSION.

    (a) In General.--Not later than the disestablishment date each 
conversion-eligible officer who has signed a conversion agreement and 
the position to which such officer is assigned as of that date shall be 
converted into the civilian service.
    (b) Credit for Prior Service.--The total time served in the NOAA 
Corps and in any other uniformed service by an officer who is converted 
to the civilian service under subsection (a) shall be--
            (1) credited under the Federal Employees' Retirement System 
        in accordance with section 8411(c) of title 5, United States 
        Code (and subject to any limitations in such section 8411(c) of 
        such title), if the officer pays the deposit required by 
        section 8422(e) of such title;
            (2) deemed to be creditable civilian service for the 
        purposes of section 8410 of such title concerning eligibility 
        for annuity, section 8442(b) of such title concerning rights of 
        a widow or widower, and section 8451(a) of such title 
        concerning disability retirement; and
            (3) credited in accordance with, and subject to limitations 
        in, section 3502(a) of such title concerning retention in a 
        reduction in force, and section 6303(a) of such title 
        concerning annual leave accrual.
    (c) All officers converted to the civilian service under subsection 
(a) shall be eligible for health insurance in accordance with chapter 
89 of title 5, United States Code, with such coverage effective 
retroactively to the effective date of that officer's conversion.

SEC. 4. CONVERSION BENEFIT.

     (a) In General.--The Secretary shall, subject to the availability 
of appropriations, provide a conversion benefit to be calculated using 
the formula provided in section 1174a(b)(2)(A) of title 10, United 
States Code, to each conversion-eligible officer converted to the 
civilian service under section 3.
    (b) Repayment of Benefit Upon Leaving Within 180 Days of 
Conversion.--Any officer leaving the employment of NOAA within 180 days 
after conversion to the civilian service under section 3 shall refund 
to the Treasury an amount equal to 5 percent of the product of--
            (1) the member's years of active service, multiplied by
            (2) 12 times the monthly basic pay to which the member is 
        entitled on the date of the disestablishment of the NOAA Corps.
    (c) Contributions to the Thrift Savings Fund.--Notwithstanding the 
time periods set forth at 5 U.S.C. 8432(b), each conversion-eligible 
officer converted to the civilian service under section 3 shall be 
eligible immediately to make an election to contribute to the Thrift 
Savings Fund.

SEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY.

    (a) Credit for Unused Leave.--
            (1) Transferred leave.--Each officer who is in the NOAA 
        Corps on the date of enactment of this Act and who is converted 
        into or appointed to the civilian service without a break in 
        service, shall receive a credit for unused leave which shall be 
        transferred to that officer's credit in the employing agency in 
        accordance with regulations promulgated by the Office of 
        Personnel Management. No lump-sum payment shall be made for the 
        leave that is transferred.
            (2) Lump-sum payment for leave.--Each officer who is in the 
        NOAA Corps on the date of enactment of this Act and who 
        receives a lump-sum payment for unused leave and is employed in 
        the civilian service prior to the expiration of the period 
        covered by the lump-sum payment, shall refund to the employing 
        agency an amount equal to the compensation covering the period 
        between the date of employment and the expiration of the period 
        covered by such leave payment. The leave represented by any 
        such refund shall be recredited to that officer by the 
        employing agency in accordance with regulations promulgated by 
        the Office of Personnel Management.
    (b) Retirement Fund Supplemental Liability.--There is authorized to 
be appropriated to the Civil Service Retirement and Disability Fund an 
amount equal to the Federal Employee Retirement System supplemental 
liability created by granting service credit under section 8411 of 
title 5, United States Code, to those NOAA Corps officers converted 
into the civilian service under section 3(a) of this Act. Such amount, 
as determined by the Office of Personnel Management, shall be credited 
to such Fund no later than September 30, 1998.

SEC. 6. ADDITIONAL CIVILIAN POSITIONS.

    (a) In General.--Not later than the disestablishment date, the 
Under Secretary shall establish additional civilian positions in NOAA 
as determined to be necessary for fulfilling essential mission 
functions and may fill such positions in accordance with customary 
recruitment procedures.
    (b) Vacancy Information Provided to Retired Officers and Current 
Department of Commerce Employees.--Vacancy announcements for any 
positions described in subsection (a) shall be provided to each officer 
who retires after the date of enactment of this act and vacancy 
information shall be made available to current employees of the 
Department of Commerce at the initiation of a recruitment action 
concerning such positions.

SEC. 7. DISESTABLISHMENT.

    (a) Disestablishment.--The Commissioned Officers Corps of the 
National Oceanic and Atmospheric Administration is disestablished as of 
October 1, 1997.
    (b) Eligibility for Noncompetitive Appointments.--
            (1) Invountary separations.--Each officer in the NOAA Corps 
        on the date of enactment of this Act, shall be afforded 
        noncompetitive appointment eligibility for any competitive 
        service position within the Department of Commerce for which 
        the officer meets the minimum qualification requirements. 
        Eligibility for this special noncompetitive appointment shall 
        begin on the effective date of this Act and extend for--
                    (A) 1 year, in the case of an officer who has less 
                than 3 years of service in the NOAA Corps, after the 
                officer is involuntarily separated; and
                    (B) 2 years, in the case of any other officer.
            (2) Appointments and conversions.--Each officer in the NOAA 
        Corps on the date of enactment of this Act who has completed at 
        least 1 year of continuous service as a NOAA Corps officer will 
        acquire competitive status upon appointment or conversion under 
        this Act. Officers who have completed at least 3 years of 
        service in the NOAA Corps or other uniformed service will 
        receive career appointments. All other officers will receive 
        career-conditional appointments and their time in the Corps 
        will be credited towards career tenure. Annual fitness reports 
        shall constitute annual performance ratings for purposes of 5 
        CFR Part 351, for any officer who is appointed to or is 
        converted into the civilian service, so as to provide 
        entitlement to additional service credit for performance where 
        needed.

SEC. 8. SEPARATION AND RETIREMENT OF OFFICERS.

    (a) Separation.--Each conversion-eligible officer who has not 
signed a conversion agreement shall be involuntarily separated from the 
NOAA Corps not later than September 30, 1997.
    (b) Retirement.--Each officer who is on the active list of the NOAA 
Corps on the date of the enactment of this Act shall, if eligible to 
retire not later than September 30, 1997, under any provision of law, 
be retired under such provision not later than such date.
    (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any 
officer involuntarily separated from the NOAA Corps by reason of 
subsection (a) shall be eligible for separation pay as authorized by 
section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 
1948 (33 U.S.C. 853h).
    (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and 
Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is 
amended by striking--
            (1) ``, or $30,000, whichever is less'' in subsection 
        (b)(1)(B);
            (2) ``, but in no event no more than $15,000'' in 
        subsection (b)(2); and
            (3) subsection (d)(2).
    (e) Retirement Eligibility Based on Unused Leave.--
            (1) Officers with 15 years' service.--A conversion-eligible 
        officer shall be deemed to have 15 years of active service for 
        purposes of all provisions and regulations concerning 
        retirement of a member of a uniformed service for which a NOAA 
        Corps officer is otherwise eligible if, as of the day prior to 
        the disestablishment date the sum of such officer's length of 
        active service in the NOAA Corps and other uniformed services 
        plus an amount of such officer's unused leave equals or exceeds 
        15 years.
            (2) Retirement terms.--An officer described in paragraph 
        (1)--
                    (A) is ineligible for conversion into the civilian 
                service under section 3(a);
                    (B) shall not qualify as a ``conversion-eligible 
                officer'' as defined in section 13(3);
                    (C) shall be retired under subsection (b) of this 
                section;
                    (D) shall receive retirement pay computed on the 
                sum obtained in paragraph (1); and
                    (E) shall not receive a lump sum payment for leave 
                that is used to qualify for retirement under paragraph 
                (1).

SEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS.

    (a) Active NOAA Service Deemed To Be Service in the Navy.--
Effective on the disestablishment date, and as determined and credited 
by the Secretary of Commerce, the active service of each officer in the 
NOAA Corps and its predecessors who has retired shall be deemed to have 
been active service in the United States Navy for purposes of 
determining the rights, privileges, and benefits administered by the 
Department of Defense to which such officer and the officer's 
dependents and survivors are entitled.
    (b) Administration by Department of Defense of Retired Pay, 
Survivor and other Benefits.--Effective on the disestablishment date, 
authority and responsibility for the administration of retired pay for 
retired officers of the former NOAA Corps, survivor benefit annuities 
for their survivors, and all rights, privileges and benefits to which 
retired officers of the former NOAA Corps and its predecessors, their 
dependents and survivors are entitled in accordance with subsection (a) 
is transferred to the Secretary of the Navy. Such retired pay and 
survivor benefits shall be paid from the Department of Defense Military 
Retirement Fund. The one-time change in unfunded liability in that fund 
resulting from this subsection shall be considered to be an actuarial 
loss under the provisions of section 1465(c)(3) of title 10, United 
States Code. The cost of all other benefits, including those concerning 
health and dental care, provided to each officer and the officer's 
dependents and survivors in accordance with subsection (a) shall be 
paid from amounts appropriated to the Department of Defense.
    (c) Retired Pay Administration.--Effective on the disestablishment 
date--
            (1) Section 1461(b) of title 10, United States Code, is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``, and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) the provisions of law that created entitlement to, 
        and determined the amount of, retired pay for retired officers 
        of the former Commissioned Officers Corps of the National 
        Oceanic and Atmospheric Administration and its predecessors (as 
        in effect before the disestablishment of that corps by the NOAA 
        Corps Disestablishment Act).''.
            (2) Section 1461 of such title is amended by adding at the 
        end thereof the following new subsection:
    ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of 
this title, the term `armed forces' shall be considered to include the 
former Commissioned Officers Corps of the National Oceanic and 
Atmospheric Administration and its predecessors.''.
            (3) Section 1463(a)(1) of such title is amended by 
        inserting ``and to retired officers of the former Commissioned 
        Officers Corps of the National Oceanic and Atmospheric 
        Administration and its predecessors'' before the semicolon at 
        the end.
    (d) Actions by Secretary.--The Secretary shall--
            (1) transfer promptly to the Secretary of the Navy all 
        records required to implement this section; and
            (2) advise all retired members of the former NOAA Corps and 
        its predecessors or their survivors of the functions to be 
        assumed by the Secretary of the Navy under this Act.
    (e) Treatment of Prior Active Service.--Effective on the 
disestablishment date, and except as provided in subsection (a), the 
active service of an officer in the NOAA Corps and its predecessors 
(including that of an officer who has retired) shall continue to be 
treated as active duty in a uniformed service as provided in applicable 
law.

SEC. 10. DISABILITY DETERMINATIONS.

    (a) In General.--Not later than the disestablishment date, the 
Secretary of Commerce shall, under section 1210(b) of title 10, United 
States Code, and based upon a physical examination, make a final 
determination of the case of each officer of the NOAA Corps whose name 
is on the temporary disabled retired list under section 1202 of such 
title. As provided in the second sentence of section 1210(b) of such 
title, if, at the time of that determination, the physical disability 
for which the officer's name was carried on the temporary disability 
retired list still exists, it shall be considered to be permanent and 
stable. Such an officer shall be retired in accordance with section 
1210(c) or 1210(d) of such title or separated in accordance with 
section 1210(e) of such title, as applicable.
    (b) Substitution of Terms.--For purposes of making the 
determination required by subsection (a) under section 1210(b) of title 
10, United States Code, ``15 years of service'' shall be substituted 
for ``20 years of service'' in sections 1210(d) and 1210(e) of that 
title.
    (c) Disposition of Officers Determined Not To Be Disabled.--If, 
upon a final determination under subsection (a), it is determined that 
the officer is physically fit to perform the duties of the officer's 
rank, the officer shall be either--
            (1) converted into the civilian service if eligible in 
        accordance with section 3(a), provided that the officer has 
        signed a conversion agreement; or
            (2) retired or separated in accordance with section 8.

SEC. 11. AMENDMENTS AND REPEALS.

    (a) Amendments.--The Coast and Geodetic Survey Commissioned 
Officers Act of 1948 (33 U.S.C. 853a-853u) is amended--
            (1) by striking subsection (b) in section 8 and 
        redesignating subsection (c) as subsection (b); and
            (2) by striking ``under section 8'' in section 9.
    (b) Repeals.--The following provisions of law are repealed 
effective on the disestablishment date:
            (1) The Coast and Geodetic Survey Commissioned Officers Act 
        of 1948, (33 U.S.C. 853a-853u).
            (2) The Act of February 16, 1929, (Chapter 221, section 5, 
        45 Stat. 1187; 33 U.S.C. 852a).
            (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6).
            (4) Section 9 of Public Law 87-649, (76 Stat. 495).
            (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40 
        Stat. 87; 33 U.S.C. 854 et seq.).
            (6) The Act of December 3, 1942, (Chapter 670; 56 
        Stat.1038).
            (7) Sections 1 through 5 of Public Law 91-621, (84 Stat. 
        1863; 33 U.S.C. 857-1 et seq.).
            (8) The Act of August 10, 1956, (Chapter 1041, section 3; 
        70A Stat. 619; 33 U.S.C. 857a).
            (9) The Act of May 18, 1920, (Chapter 190, section 11; 41 
        Stat. 603; 33 U.S.C. 864).
            (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400; 
        33 U.S.C. 873, 874).
            (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988; 
        33 U.S.C. 875, 876).
    (c) Continuing Application.--No repeal under this section shall 
affect any annuity or other benefit authorized under provision of law 
so repealed, based on the separation of any person from the NOAA Corps 
or its predecessors.

SEC. 12. IMPLEMENTING AUTHORITIES.

    Without regard to any other provision of law and without prior 
notification, the Secretary is authorized to establish, eliminate or 
reorganize any office within NOAA as determined by the Secretary to be 
necessary or appropriate to carry out the purposes of this Act. Not 
later than 2 years after enactment, the Secretary shall submit a report 
to the appropriate committees of Congress describing the actions taken 
under this section.

SEC. 13. DEFINITIONS.

    For purposes of this Act, the term --
            (1) ``Conversion Agreement'' means an agreement which 
        states that a conversion-eligible officer agrees to be 
        converted to the civilian service and will remain in the 
        position assigned at the time of conversion or in another NOAA 
        position as assigned after conversion for 180 days following 
        such conversion;
            (2) ``Conversion Eligible Officer'' means an officer in the 
        NOAA Corps on the date of enactment of this Act whose active 
        service in the NOAA Corps and in any other uniformed service as 
        of the disestablishment date will total less than 15 years, 
        except as provided in section 8(e);
            (3) ``disestablishment date'' means October 1, 1997;
            (4) ``NOAA'' means the National Oceanic and Atmospheric 
        Administration;
            (5) ``NOAA Corps'' means the Corps of Commissioned Officers 
        of the National Oceanic and Atmospheric Administration;
            (6) ``Predecessors'' means the former Commissioned Officers 
        Corps of the Environmental Sciences Services Administration and 
        the former Commissioned Officers Corps of the Coast and 
        Geodetic Survey;
            (7) ``Secretary'' means the Secretary of Commerce; and
            (8) ``Under Secretary'' means the Under Secretary of 
        Commerce for Oceans and Atmosphere.

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