[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7284-S7286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself, Ms. Snowe, Mr. Hollings, and Mr. 
        Stevens):
  S. 2256. A bill to provide an authorized strength for commissioned 
officers of the National Oceanic and Atmospheric Administration Corps, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.


THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION CORPS CONTINUATION 
                                  ACT

  Mr. KERRY. Mr. President, I am introducing legislation today that 
will relieve the hiring freeze on the Commissioned Corps of the 
National Oceanic and Atmospheric Administration (NOAA), that was first 
imposed following the 1995 National Performance Review. I want to thank 
Senators Snowe, Hollings, and Stevens, who have joined me in 
cosponsoring this legislation, for their continued leadership on this 
issue. This legislation represents another milestone in their 
consistent stewardship of the NOAA Corps and the very important part it 
plays in NOAA and to our Nation. This legislation will restore 
stability and renew the good faith contract made with the men and women 
that make up the NOAA Corps by establishing a minimum and maximum 
authorized strength for our nation's seventh uniformed service.
  The NOAA Corps is an indispensable part of NOAA: a pool of 
professionals trained in engineering, earth sciences, oceanography, 
meteorology, fisheries science, and other related disciplines. Corps 
officers serve in assignments within the five major line offices of 
NOAA. They operate ships, fly aircraft into hurricanes, lead mobile 
field parties, manage research projects, conduct diving operations, and 
serve in staff positions throughout NOAA. They operate the ships that 
set buoys used to gather oceanographic and meteorological data on 
unusual weather phenomena such as El Nino. They fly research aircraft 
into hurricanes that record valuable atmospheric observations. They 
conduct hydrographic surveys along our nation's coast in order to make 
our waters safe for maritime commerce.
  Over three years ago, the Administration proposed that the NOAA Corps 
be disestablished and unilaterally imposed a hiring freeze. This action 
was based on flawed recommendations by the President's National 
Performance Review. A thorough review of the cost studies associated 
with the dissolution of the NOAA Corps clearly reflects that no real 
savings will be achieved over either the short or long term. In fact, 
without commissioned officers, NOAA may incur significant additional 
costs in the acquisition of data to fulfill its statutory missions. 
Further, recent data indicate that factors such as tort liability were 
not even considered as part of the total cost-benefit analysis. The 
Administration has ignored the fact that Congress alone has the 
authority to set the duties and strength of the uniformed services and 
Congress alone must act for the NOAA Corps to be disestablished. I am 
convinced that the preponderance of evidence supports the need for the 
NOAA Corps to be retained, not disestablished. This legislation will 
ensure that the pearl of expertise that resides in the men and women 
who make up the NOAA Corps is retained for the nation.
  The NOAA Corps hiring freeze has been tantamount to slow motion 
dissolution of our nation's seventh uniformed service. At the time the 
freeze was imposed, the NOAA Corps had a strength of 411 officers. At 
the end of this fiscal year, the projected on-board strength will be 
235 officers. Through this three years of adversity, the NOAA Corps has 
heroically continued to sail NOAA's fleet and fly its aircraft. At its 
current diminished personnel levels, I have become deeply concerned 
regarding the NOAA Corps' ability to carry out its mission. In 
addition, I am also concerned about the safety of the men and women 
aboard NOAA ships and aircraft.
  Last week, Dr. James Baker, the Administrator of NOAA, announced a 
plan for restructuring the NOAA Corps. This plan calls for a further 
reduction of the Corps strength from its current level of 248 officers 
to 240 officers. In addition, it calls for a civilian Senior Executive 
Service member to manage the Corps. This restructuring plan will 
maintain a cloud of uncertainty over the future of the NOAA Corps, 
diminishing its viability and culminating in its ultimate elimination.
  The proposed level of 240 officers will be inadequate to staff NOAA 
ships and aircraft. There are currently 70 officer billets aboard NOAA 
vessels. Assuming that a NOAA Corps officer spends one third of his or 
her career at sea, which is the norm in other seagoing services, a 
requirement exists for 210 seagoing officer billets. Likewise, there 
are 36 billets aboard NOAA aircraft. Assuming that an officer flies for 
two years and is moved to an office support billet for one year, a 
requirement exists for 54 aviator billets. Therefore, the minimum 
staffing requirement to maintain a viable NOAA Corps is 264 officers. 
All services allow for 10 to 15 percent of their personnel to be in a 
general detail status (i.e. training classes, travel and temporary 
duty). Therefore, I endorse staffing the NOAA Corps at a floor of 264 
and a ceiling of 299 officer billets which corresponds to a general 
detail percentage that is consistent with the practices of other 
uniformed services. This level is consistent with the already-achieved 
reduction of 130 billets that was recommended by the National 
Performance Review.
  The proposal to establish a civilian position to manage the NOAA 
Corps in place of the current flag officer creates an extra layer of 
management that is not required. A NOAA Corps flag officer is required 
to carry out NOAA fleet business with flag officers of the other 
services. As the civilian Administrator of NOAA, Dr. Baker is in a 
position to oversee the NOAA Corps, working with its senior flag 
officer.
  Mr. President, this legislation will establish staffing levels for 
the NOAA Corps that will provide some assurance of long term viability. 
It will establish a floor strength of 264 officers with a ceiling of 
299 officers. It is time that we reaffirm our commitment to studying 
the earth's oceans and atmosphere by insuring that the NOAA Corps is 
staffed at the appropriate level.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2256

       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 ``National Oceanic and 
     Atmospheric Administration Corps Continuation Act''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Tracing its roots back to 1807 when President Thomas 
     Jefferson signed a bill for the ``Survey of the Coast'', the 
     National Oceanic and Atmospheric Administration Corps has 
     served the armed services and the Nation consistently and 
     ably for almost two centuries.
       (2) The National Oceanic and Atmospheric Administration 
     Corps is a dedicated and specialized uniformed officer corps 
     that operates vessels and planes, provides important 
     scientific and technical services, and carrier out 
     programmatic responsibilities throughout the National Oceanic 
     and Atmospheric Administration.
       (3) The smallest of the seven uniformed services, the 
     National Oceanic and Atmospheric Administration Corps grew in 
     size

[[Page S7285]]

     from 275 officers in 1970, the year the National Oceanic and 
     Atmospheric Administration was created, to 411 officers in 
     1994.
       (4) The National Oceanic and Atmospheric Administration 
     Corps has met or exceeded the 1996 National Performance 
     Review recommendation which called for a reduction of 130 
     officers from the 1994 level.
       (5) Federally-sponsored studies conclude that no immediate 
     or long-term cost savings would be achieved by replacing the 
     National Oceanic and Atmospheric Administration Corps with a 
     comparable civilian entity.
       (6) As a result of the hiring freeze imposed on the 
     National Oceanic and Atmospheric Administration Corps, 
     positions necessary to maintain the statutorily mandated 
     operation of the vessel and aircraft fleets of the National 
     Oceanic and Atmospheric Administration have not been filled, 
     valuable research work has been delayed, and the hydrography 
     expertise of the National Oceanic and Atmospheric 
     Administration, that is critical to the international trade 
     of the United States, has been compromised.

     SEC. 3. AUTHORIZED NUMBER OF COMMISSIONED OFFICERS.

       Section 2 of the Coast and Geodetic Survey Commissioned 
     Officers' Act of 1948 (33 U.S.C. 853a) is amended--
       (1) by redesignating subsections (a) through (3) as 
     subsections (b) through (f), respectively; and
       (2) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) There are authorized to be not less than 264 and not 
     more than 299 commissioned officers on the active list of the 
     National Oceanic and Atmospheric Administration.''.

     SEC. 4. DESIGNATION OF THE DIRECTOR OF THE NATIONAL OCEANIC 
                   AND ATMOSPHERIC ADMINISTRATION CORPS.

       Section 24(a) of the Coast and Geodetic Survey Commissioned 
     Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by 
     inserting ``One such position shall be the director of the 
     commissioned officers who shall be appointed from the 
     officers on the active duty promotion list serving in or 
     above the grade of captain, and who shall be responsible for 
     administration of the commissioned officers, and for 
     oversight of the operation of the vessel and aircraft fleets, 
     of the Administration.'' before ``An officer''.

     SEC. 5. RELIEF FROM HIRING FREEZE.

       The Secretary of Commerce immediately shall relieve the 
     moratorium on new appointments of commissioned officers to 
     the National Oceanic and Atmospheric Administration Corps.

 Ms. SNOWE. Mr. President, I am pleased to join my Commerce 
Committee colleagues Senators Kerry, Stevens, and Hollings in 
introducing legislation today to reauthorize the National Oceanic and 
Atmospheric Administration (NOAA) Corps.
  The NOAA Corps is a uniformed officer service that fulfills a variety 
of important missions for the agency and the public. NOAA Corps 
officers manage the operations of NOAA's research and survey vessels, 
as well as its aircraft. They serve as pilots and navigators, and as 
key scientific and engineering personnel involved with the missions for 
which the vessels and aircraft are being used. These missions include 
fisheries research, hydrographic surveys, oceanographic research, and 
airborne research on hurricanes, among others.
  In addition to field missions, NOAA Corps officers perform a variety 
of shoreside tasks, from managing the ground support for the vessel and 
aircraft operations, to serving in management and technical support 
positions in offices throughout NOAA's line agencies.
  At the outbreak of World War I, personnel and equipment from the 
Coast and Geodetic Survey--one of NOAA's predecessor organizations--
were transferred to the War Department for military missions during the 
war, and the personnel were given military commissions. In World War 
II, about half of the Survey's commissioned officers and vessels were 
transferred to the war effort. Although all Survey personnel resumed 
civilian duties after the war, the commissioned Corps has continued to 
exist since that time.
  But in recent years, some questioned whether it still makes sense to 
retain a uniformed Corps to perform these missions for NOAA. As part of 
its National Performance Review in 1994, the Clinton Administration 
determined that a uniformed Corps was no longer necessary, and it 
recommended that the organization be disestablished and replaced with a 
civilian staff. The Administration argued that the disestablishment of 
the Corps would result in some budget savings to the federal government 
and increase operational flexibility.
  Unfortunately, the Congress did not receive a legislative proposal 
for disestablishment from the Administration until May of last year, 
and in the interim, the Corps was subject to administrative hiring 
freezes and annual appropriations riders that whittled the Corps' ranks 
by more than 25%. Since last year, the Corps has continued to shrink 
through attrition. Understandably, the morale of the Corps members has 
been negatively affected by these actions and the uncertainty about 
their future. As a result of these developments combined, important 
NOAA operations have been negatively affected.
  Last fall, the Subcommittee on Oceans and Fisheries, which I chair, 
held a hearing on the Administration's disestablishment proposal. The 
Administration claimed that the replacement of the Corps with civilian 
personnel would save $2 million or more annually for the Federal 
government, primarily because of lower retirement costs for a civilian 
workforce. But upon examination by the Subcommittee, these estimated 
savings appeared to be suspect. The non-retirement costs of a civilian 
workforce could be much higher than the Administration estimated, and 
the likelihood of finding qualified civilians to replace the Corps 
officers in a short period of time is likewise very uncertain. In my 
view, the budget savings achieved by disestablishing the Corps would be 
marginal at best, but the American people would be losing a highly 
dedicated and professional cadre of men and women to perform many of 
NOAA's essential missions.
  Very recently, the Administration reconsidered its disestablishment 
proposal and has decided to abandon it. The Administration now proposes 
to maintain a streamlined NOAA Corps of 240 officers. While I 
appreciate the Administration's willingness to honestly reassess a 
proposal that it had advocated since 1994, I fear that the 240 number 
is too low to effectively operate NOAA's vessels, aircraft, and 
associated support units. The bill that we are introducing today 
reauthorizes the Corps and establishes a force range of between 264 and 
299 officers. This represents a substantial down-sizing of the Corps 
from a level of over 400 in 1994, but it ensures that a sufficient 
number of officers will be available to maintain NOAA's missions at a 
high level of effectiveness while providing a substantial degree of 
management flexibility to the agency. The bill also requires the 
Administration to immediately rescind the current moratorium on the 
commissioning of new officers and it requires the director of the Corps 
to be a Corps officer.
  This legislation is the product of careful examination and 
deliberation by the Subcommittee on Oceans and Fisheries and it 
represents a responsible solution to a problem that has been lingering 
for four years. I strongly urge my colleagues to support this 
bill.
 Mr. HOLLINGS. Mr. President, today, Senators Kerry, Snowe, 
Stevens, and I are introducing a bill which will address the future of 
the smallest of this Nation's seven uniformed services, the 
commissioned officer corps (Corps) of the National Oceanic and 
Atmospheric Administration (NOAA). This bill will set a floor on Corps 
officers of 264 and a ceiling of 299, designate a flag officer as the 
Director of the Corps, and lift the hiring freeze on NOAA Corps 
officers.
  Let me be clear at the outset. Since 1995 when the Administration 
proposed the disestablishment of the NOAA Corps, I have thought it was 
a solution in search of a problem. The NOAA Corps is a dedicated and 
highly skilled group of men and women who have served this Nation 
consistently and ably for almost two centuries. This uniformed officer 
corps operates NOAA vessels and planes, provides important scientific 
and technical services, and carries out programmatic responsibilities 
throughout the agency.
  NOAA Corps officers do more than routine work; they maintain an 
ability to provide a specialized, rapid response in emergencies. The 
actions of the NOAA ship, RUDE, after the tragic crash of TWA Flight 
800 demonstrate the importance of the Corps' work to NOAA and to the 
Nation. Managed and operated by NOAA Corps officers, the RUDE's sonar 
capabilities were used to locate crash debris and map the wreckage. In 
addition, ship officers served as liaison between Navy divers and 
members of the National Transportation Safety Board. The NOAA officers 
aboard the RUDE and those on-shore directing charting operations 
impressed the other myriad agencies who

[[Page S7286]]

responded to the disaster, even earning the Coast Guard's Public 
Service Commendation. As one newspaper headline put it, ``Obscure team 
gains respect at TWA site.''
  Corps officers also pilot NOAA aircraft through hurricanes at low 
altitudes, the only pilots trained with such skills anywhere in the 
world. The information they collect is essential for projecting the 
track and strength of hurricanes so that people in the path can 
prepare.
  It should be clear to all of us that the NOAA Corps provides a unique 
and valuable service. Speaking frankly, I do not understand the efforts 
to disestablish the Corps or let it wither and die through a hiring 
freeze. None of the studies on converting the Corps to civilian status 
have shown a significant cost savings. A GAO study showed savings of 2 
percent, another study by Arthur Andersen showed a cost increase of 2 
percent, and the Hay/Huggins report concluded that costs were 
essentially the same for the Corps or civilians. It seems to me that 
there is not a justification for doing away with the Corps based on 
these studies of cost savings.
  This is an issue that must be resolved. The Corps has not been 
permitted to recruit new officers since October 1994, and this 
methodical, de factor elimination of positions has continued without 
the oversight of approval of the Congress. While we have been 
discussing the issue, the natural retirements and attribution of time 
have been slowly bleeding the strength out of the NOAA Corps. The Corps 
stands now at 248 members, down 44 percent from its highest level of 
439 in 1995.
  That is why we are introducing the NOAA Corps Continuation Act today. 
We cannot let the members of this service continue in limbo. NOAA's 
recently released plan to restructure the Corps is not acceptable. It 
takes into account neither the reductions in personnel already achieved 
nor the need for officers to have shore assignments. We need to set a 
realistic strength level for the Corps, designate a Director of the 
Corps from within the ranks, and life the hiring freeze. I thank 
Senator Kerry for his leadership on this issue and urge my colleagues 
to act swiftly on this legislation so that NOAA can continue to have 
the Corps' expertise in carrying out the agency's vital 
missions.
                                 ______