text: 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.
target: 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.
feat_title: NOAA Corps Disestablishment Act