article: 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.
summary: NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. (Sec. 6) Mandates establishment of additional NOAA civilian positions. (Sec. 7) Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. (Sec. 8) Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. (Sec. 9) Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. (Sec. 10) Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. (Sec. 11) Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps; and (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. (Sec. 12) Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions.