I

103D CONGRESS

1ST SESSION H. R. 3490

To include as creditable service, for purposes of the Civil Service Retirement

System, certain periods of service performed in certain Federal-State

cooperative agricultural programs.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 10, 1993

Mr. DE LA GARZA introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

A BILL

To include as creditable service, for purposes of the Civil

Service Retirement System, certain periods of service

performed in certain Federal-State cooperative agricultural programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cooperative Agricul5 tural Programs Extended Retirement Credit Act of

6 1993’’.

7 SEC. 2. PURPOSES.

8 The purposes of this Act are—
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1 (1) to make creditable, for purposes of the Civil

2 Service Retirement System, periods of service in cer3 tain qualified Federal-State cooperative programs

4 which had agricultural or related purposes; and

5 (2) to expedite the retirement of certain Fed6 eral Government employees by providing them im7 proved retirement opportunities at typical retirement

8 ages, thereby mitigating potentially adverse effects

9 of deficit-control measures on the welfare of those

10 and other employees of the Department of Agri11 culture.

12 SEC. 3. CREDITABILITY OF PRIOR SERVICE.

13 (a) IN GENERAL.—Subject to section 8334(c) of title

14 5, United States Code, upon application to the Office of

15 Personnel Management within 6 months after the date of

16 the enactment of this Act, any individual who is an em17 ployee (as defined by section 8331(1) or 8401(11) of such

18 title) on such date shall be allowed credit under sub19 chapter III of chapter 83 of such title for any service if

20 such service was performed by such individual—

21 (1) before January 1, 1984; and

22 (2) as an employee of a State, or an instrumen23 tality of a State, in which capacity such individual

24 performed duties relating to the carrying out of a

25 program described in subsection (b).
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1 (b) DESCRIPTION OF PROGRAMS.—The programs re2 ferred to in subsection (a) are—

3 (1) the Federal-State cooperative program of

4 agricultural research of the State agricultural exper5 iment stations as defined in section 1 of the Act en6 titled ‘‘An Act to consolidate the Hatch Act of 1887

7 and laws supplementary thereto relating to the ap8 propriation of Federal funds for support of agricul9 tural experiment stations in the States, Alaska, Ha10 waii, and Puerto Rico’’, approved August 11, 1955

11 (69 Stat. 671);

12 (2) the Federal-State cooperative program of

13 forestry research at eligible institutions of the State

14 as defined in section 2 of the Act entitled ‘‘An Act

15 to authorize the Secretary of Agriculture to encour16 age and assist the several States in carrying on a

17 program of forestry research, and for other pur18 poses’’, approved October 10, 1962 (76 Stat. 806),

19 and popularly referred to as the ‘‘McIntire-Stennis

20 Act’’;

21 (3) the Federal-State cooperative program of

22 agricultural research for the fiscal year ending June

23 30, 1967 and later fiscal years at the 1890 land24 grant colleges, including Tuskegee Institute, as de25 fined in subsection 1445(a) of the ‘‘National Agri-
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1 cultural Research, Extension, and Teaching Policy

2 Act of 1977’’, approved September 29, 1977 (91

3 Stat. 1009);

4 (4) the Federal-State cooperative program of

5 agricultural extension work authorized by the Act

6 entitled ‘‘An Act to provide for cooperative agricul7 tural extension work between the agricultural col8 leges in the several States receiving the benefits of

9 an Act of Congress approved July second, eighteen

10 hundred and sixty-two, and of Acts supplementary

11 thereto, and the United States Department of Agri12 culture’’, approved May 8, 1914 (38 Stat. 372), and

13 acts supplementary thereto;

14 (5) the Federal-State cooperative program of

15 vocational education including, but not limited to,

16 State programs of instruction in vocational agri17 culture and home economics, authorized by the Act

18 entitled ‘‘An Act to provide for the promotion of vo19 cational education; to provide for cooperation with

20 the States in the promotion of such education in ag21 riculture and the trades and industries; to provide

22 for cooperation with the States in the preparation of

23 teachers of vocational subjects; and to appropriate

24 money and regulate its expenditure’’, approved Feb-
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1 ruary 23, 1917 (39 Stat. 929), and acts supple2 mentary thereto;

3 (6) the Federal-State cooperative program in

4 marketing service and research authorized by the

5 ‘‘Agricultural Marketing Act of 1946’’, approved Au6 gust 14, 1946 (60 Stat. 1087), and predecessor pro7 grams, including programs to inspect, certify, and

8 identify the class, quality, quantity, and condition of

9 agricultural products shipped or received in inter10 state commerce; and programs of inspection and

11 weighing services authorized by the United States

12 Grain Standards Act (7 U.S.C. 71 and following),

13 whether performed by a delegated State agency or a

14 designated private agency;

15 (7) the Federal-State cooperative program for

16 the control of plant pests and animal diseases au17 thorized by the provisions under the subheading

18 ‘‘Federal Horticulture Board’’ under the heading

19 ‘‘Department of Agriculture’’ in the Act entitled ‘‘An

20 Act making appropriations to supply urgent defi21 ciencies in appropriations for the fiscal year ending

22 June thirtieth, nineteen hundred and eighteen, and

23 prior fiscal years, on account of war expenses, and

24 for other purposes’’, approved October 6, 1917 (40

25 Stat. 374); by section 102 of the ‘‘Department of
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1 Agriculture Organic Act of 1944’’, approved Septem2 ber 21, 1944 (58 Stat. 734); by the joint resolution

3 entitled ‘‘Joint resolution making funds available for

4 the control of incipient or emergency outbreaks of

5 insect pests or plant diseases, including grass6 hoppers, mormon crickets, and chinch bugs’’, ap7 proved April 6, 1937 (50 Stat. 57); by the Act enti8 tled ‘‘An Act to provide for regulating, inspecting,

9 cleaning, and, when necessary, disinfecting railway

10 cars, other vehicles, and other materials entering the

11 United States from Mexico’’, approved January 31,

12 1942 (56 Stat. 40); by the Act entitled ‘‘An Act to

13 regulate the importation of nursery stock and other

14 plants and plant products; to enable the Secretary of

15 Agriculture to establish and maintain quarantine

16 districts for plant diseases and insect pests; to per17 mit and regulate the movement of fruits, plants, and

18 vegetables therefrom, and for other purposes’’, ap19 proved August 20, 1912 (37 Stat. 315); by the first

20 paragraph under the subheading ‘‘Enforcement of

21 the Plant-Quarantine Act’’ under the heading ‘‘Mis22 cellaneous’’ in the Act entitled ‘‘An Act making ap23 propriations for the Department of Agriculture for

24 the fiscal year ending June thirtieth, nineteen hun25 dred and fourteen’’, approved March 4, 1913 (37
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1 Stat. 853), insofar as such paragraph relates to the

2 importation of certain plants for scientific purposes;

3 by the second, third, and fourth paragraphs under

4 the subheading ‘‘Enforcement of the Plant-Quar5 antine Act’’ under the heading ‘‘Miscellaneous’’ in

6 the Act entitled ‘‘An Act making appropriations for

7 the Department of Agriculture for the fiscal year

8 ending June thirtieth, nineteen hundred and six9 teen’’, approved March 4, 1915 (38 Stat. 1113); and

10 by section 11 of the Act entitled ‘‘An Act for the es11 tablishment of a Bureau of Animal Industry, to pre12 vent the exportation of diseased cattle, and to pro13 vide for the suppression and extirpation of

14 pleuropneumonia and other contagious diseases

15 among domestic animals’’, approved May 29, 1884

16 (23 Stat. 31);

17 (8) the Federal-State cooperative programs of

18 forest protection, management, and improvement

19 performed under authority of the Act entitled ‘‘An

20 Act to provide for the protection of forest lands, for

21 the reforestation of denuded areas, for the extension

22 of national forests, and for other purposes, in order

23 to promote the continuous production of timber on

24 the lands chiefly suitable therefore’’, approved June

25 7, 1924 (43 Stat. 653); of the ‘‘Cooperative Forest
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1 Management Act’’, approved August 25, 1950 (64

2 Stat. 473); and of the ‘‘Forest Pest Control Act’’,

3 approved June 25, 1947 (61 Stat. 177); and the

4 predecessor programs of any Act referred to in this

5 paragraph;

6 (9) the Federal-State cooperative programs of

7 emergency relief, including State rural rehabilitation

8 corporation programs, established for the purposes

9 of the Federal Emergency Relief Act of 1933, ap10 proved May 12, 1933 (48 Stat. 55); the Act entitled

11 ‘‘An Act making an additional appropriation to

12 carry out the purposes of the Federal Emergency

13 Relief Act of 1933, for continuation of the civil

14 works program, and for other purposes’’, approved

15 February 15, 1934 (48 Stat. 351); and title II of

16 the Act entitled ‘‘An Act making appropriations to

17 supply deficiencies in certain appropriations for the

18 fiscal year ending June 30, 1934, and prior fiscal

19 years, to provide supplemental general and emer20 gency appropriations for the fiscal years ending

21 June 30, 1934, and June 30, 1935, and for other

22 purposes’’, approved June 19, 1934 (48 Stat. 1021);

23 (10) the Federal-State Cooperative Veterans’

24 educational programs, including part-time instruc25 tion in on-the-farm training programs, as provided
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1 for in title II, chapter IV, ‘‘Education of Veterans’’,

2 of the ‘‘Serviceman’s Readjustment Act of 1944’’,

3 approved June 22, 1944 (58 Stat. 287), and subse4 quent amendments and Acts pertaining thereto; and

5 (11) the Federal-State cooperative programs in

6 wildlife restoration and in fish restoration and man7 agement authorized respectively by the Acts entitled

8 ‘‘An Act to provide that the United States shall aid

9 these States in wildlife restoration projects, and for

10 other purposes’’, approved September 2, 1937 (50

11 Stat. 917), and popularly referred to as the ‘‘Pitt12 man-Robertson Act’’, and ‘‘An Act to provide that

13 the United States shall aid the States in fish res14 toration and management projects, and for other

15 purposes’’, approved August 9, 1950 (64 Stat. 431),

16 and popularly referred to as the ‘‘Dingell-Johnson

17 Act’’, and the program of animal damage control au18 thorized by the Act entitled ‘‘An Act to authorize the

19 Secretary of Agriculture to carry out his ten-year co20 operative program for the eradication, suppression,

21 or bringing under control of predatory and other

22 wild animals injurious to agriculture, horticulture,

23 forestry, animal husbandry, wild game, and other in24 terests, and for the suppression of rabies and tula25 remia in predatory or other wild animals, and for
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1 other purposes’’, approved March 2, 1931 (46 Stat.

2 1468), as amended and supplemented.

3 (c) CERTIFICATION.—The Office of Personnel Man4 agement shall, with respect to any service for which credit

5 is sought under this Act, accept the certification of the

6 Secretary of Agriculture or his designee.

7 SEC. 4. APPLICABILITY TO ANNUITANTS.

8 (a) IN GENERAL.—An annuity or survivor annuity—

9 (1) computed in whole or in part in accordance

10 with subchapter III of chapter 83 of title 5, United

11 States Code,

12 (2) which is based on the service of an individ13 ual who performed service described in section 3,

14 and

15 (3) the commencement date of which precedes

16 the date of the enactment of this Act,

17 shall be recomputed in accordance with section 3 if appli18 cation therefor is made, and the deposit requirement

19 under section 3(a) is met, within 6 months after the date

20 of the enactment of this Act.

21 (b) RECOMPUTATION RULE.—Any change in an an22 nuity or survivor annuity resulting from a recomputation

23 under subsection (a) shall be effective as of the first day

24 of the first month which begins after the date of the enact25 ment of this Act.
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1 SEC. 5. DEFINITION.

2 For the purpose of this Act, the term ‘‘State’’ in3 cludes the District of Columbia, Puerto Rico, Guam,

4 American Samoa, the Virgin Islands, and the territories

5 of Hawaii and Alaska prior to statehood.

Æ