[107th Congress Public Law 372]
[From the U.S. Government Printing Office]
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[DOCID: f:publ372.107]
[[Page 3077]]
NOAA HYDROGRAPHIC SERVICES IMPROVEMENT
[[Page 116 STAT. 3078]]
Public Law 107-372
107th Congress
An Act
To reauthorize the Hydrographic Services Improvement Act of 1998, and
for other purposes. <<NOTE: Dec. 19, 2002 - [H.R. 4883]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT
Sec. 101. Short title; references.
Sec. 102. Definitions.
Sec. 103. Functions of Administrator.
Sec. 104. Quality assurance program.
Sec. 105. Hydrographic Services Review Panel.
Sec. 106. Authorization of appropriations.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS
Sec. 201. Short title.
Subtitle A--General Provisions
Sec. 211. Commissioned officer corps.
Sec. 212. Definitions.
Sec. 213. Authorized number on the active list.
Sec. 214. Strength and distribution in grade.
Sec. 215. Authorized number for fiscal years 2003 through 2005.
Subtitle B--Appointment and Promotion of Officers
Sec. 221. Original appointments.
Sec. 222. Personnel boards.
Sec. 223. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 224. Promotion by selection to permanent grades above lieutenant
(junior grade).
Sec. 225. Length of service for promotion purposes.
Sec. 226. Appointments and promotions to permanent grades.
Sec. 227. General qualification of officers for promotion to higher
permanent grade.
Sec. 228. Positions of importance and responsibility.
Sec. 229. Temporary appointments and promotions generally.
Sec. 230. Temporary appointment or advancement of commissioned officers
in time of war or national emergency.
Sec. 231. Pay and allowances; date of acceptance of promotion.
Sec. 232. Service credit as deck officer or junior engineer for
promotion purposes.
Sec. 233. Suspension during war or emergency.
Subtitle C--Separation and Retirement of Officers
Sec. 241. Involuntary retirement or separation.
Sec. 242. Separation pay.
Sec. 243. Mandatory retirement for age.
Sec. 244. Retirement for length of service.
Sec. 245. Computation of retired pay.
[[Page 116 STAT. 3079]]
Sec. 246. Retired grade and retired pay.
Sec. 247. Retired rank and pay held pursuant to other laws unaffected.
Sec. 248. Continuation on active duty; deferral of retirement.
Sec. 249. Recall to active duty.
Subtitle D--Service of Officers With the Military Departments
Sec. 251. Cooperation with and transfer to military departments.
Sec. 252. Relative rank of officers when serving with Army, Navy, or Air
Force.
Sec. 253. Rules and regulations when cooperating with military
departments.
Subtitle E--Rights and Benefits
Sec. 261. Applicability of certain provisions of title 10, United States
Code.
Sec. 262. Eligibility for veterans benefits and other rights,
privileges, immunities, and benefits under certain provisions
of law.
Sec. 263. Medical and dental care.
Sec. 264. Commissary privileges.
Sec. 265. Authority to use appropriated funds for transportation and
reimbursement of certain items.
Sec. 266. Presentation of United States flag upon retirement.
Subtitle F--Repeals and Conforming Amendments
Sec. 271. Repeals.
Sec. 272. Conforming amendments.
TITLE III--VARIOUS FISHERIES CONSERVATION REAUTHORIZATIONS
Sec. 301. Short title.
Sec. 302. Reauthorization and amendment of the Interjurisdictional
Fisheries Act of 1986.
Sec. 303. Reauthorization and amendment of the Anadromous Fish
Conservation Act.
Sec. 304. Reauthorization of the Atlantic Tunas Convention Act of 1975.
Sec. 305. Reauthorization of the Northwest Atlantic Fisheries Convention
Act of 1995.
Sec. 306. Extension of deadline.
TITLE IV--MISCELLANEOUS
Sec. 401. Chesapeake Bay Office.
Sec. 402. Conveyance of NOAA laboratory in Tiburon, California.
Sec. 403. Emergency assistance for subsistence whale hunters.
TITLE I--NOAA <<NOTE: Hydrographic Services Improvement Act Amendments
of 2002.>> HYDROGRAPHIC SERVICES IMPROVEMENT
SEC. 101. SHORT TITLE; REFERENCES.
(a) <<NOTE: 33 USC 851 note.>> Short Title.--This title may be
cited as the ``Hydrographic Services Improvement Act Amendments of
2002''.
(b) References.--Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the
Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.).
SEC. 102. DEFINITIONS.
Section 302 (33 U.S.C. 892) is amended--
(1) in paragraph (3) by inserting ``, geospatial, or
geomagnetic'' after ``geodetic''; and
(2) in paragraph (4) by inserting ``geospatial,
geomagnetic,'' after ``geodetic,''.
SEC. 103. FUNCTIONS OF ADMINISTRATOR.
(a) Hydrographic Monitoring Systems.--Section 303(b)(4) (33 U.S.C.
892a(b)(4)) is amended to read as follows:
[[Page 116 STAT. 3080]]
``(4) shall, subject to the availability of appropriations,
design, install, maintain, and operate real-time hydrographic
monitoring systems to enhance navigation safety and
efficiency.''.
(b) Conservation and Management of Coastal and Ocean Resources.--
Section 303 (33 U.S.C. 892a) is further amended by adding at the end the
following:
``(c) Conservation and Management of Coastal and Ocean Resources.--
Where appropriate and to the extent that it does not detract from the
promotion of safe and efficient navigation, the Secretary may use
hydrographic data and services to support the conservation and
management of coastal and ocean resources.''.
SEC. 104. QUALITY ASSURANCE PROGRAM.
(a) In General.--Section 304(b)(1) (33 U.S.C. 892b(b)(1)) is amended
to read as follows:
``(1) In general.--The Administrator--
``(A) <<NOTE: Deadline.>> by not later than 2 years
after the date of enactment of the Hydrographic Services
Improvement Act Amendments of 2002, shall, subject to
the availability of appropriations, develop and
implement a quality assurance program that is equally
available to all applicants, under which the
Administrator may certify hydrographic products that
satisfy the standards promulgated by the Administrator
under section 303(a)(3) of this Act;
``(B) may authorize the use of the emblem or any
trademark of the Administration on a hydrographic
product certified under subparagraph (A); and
``(C) may charge a fee for such certification and
use.''.
SEC. 105. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 305 (33 U.S.C. 892c) is amended to read as follows:
``SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.
``(a) <<NOTE: Deadline.>> Establishment.--No later than 1 year
after the date of enactment of the Hydrographic Services Improvement Act
Amendments of 2002, the Secretary shall establish the Hydrographic
Services Review Panel.
``(b) Duties.--
``(1) In general.--The panel shall advise the Administrator
on matters related to the responsibilities and authorities set
forth in section 303 of this Act and such other appropriate
matters as the Administrator refers to the panel for review and
advice.
``(2) Administrative resources.--The Administrator shall
make available to the panel such information, personnel, and
administrative services and assistance as it may reasonably
require to carry out its duties.
``(c) Membership.--
``(1) In general.--
``(A) The panel shall consist of 15 voting members
who shall be appointed by the Administrator. The
Director of the Joint Hydrographic Institute and no more
than 2 employees of the National Oceanic and Atmospheric
Administration appointed by the Administrator shall
serve as nonvoting members of the panel. The voting
members of the panel shall be individuals who, by reason
of knowledge, experience, or training, are especially
qualified in
[[Page 116 STAT. 3081]]
one or more of the disciplines and fields relating to
hydrographic surveying, tide, current geodetic and
geospatial measurement, marine transportation, port
administration, vessel pilotage, and coastal and fishery
management.
``(B) An individual may not be appointed as a voting
member of the panel if the individual is a full-time
officer or employee of the United States.
``(C) Any voting member of the panel who is an
applicant for, or beneficiary (as determined by the
Secretary) of, any assistance under this Act shall
disclose to the panel that relationship, and may not
vote on any matter pertaining to that assistance.
``(2) Terms.--
``(A) The term of office of a voting member of the
panel shall be 4 years, except that of the original
appointees, five shall be appointed for a term of 2
years, five shall be appointed for a term of 3 years,
and five shall be appointed for a term of 4 years, as
specified by the Administrator at the time of
appointment.
``(B) Any individual appointed to a partial or full
term may be reappointed for one additional full term. A
voting member may serve after the date of the expiration
of the term of office for which appointed until his or
her successor has taken office.
``(3) Nominations.--At least once each year, the Secretary
shall publish a notice in the Federal Register soliciting
nominations for membership on the panel.
``(4) Chairman and vice chairman.--
``(A) The panel shall select one voting member to
serve as the Chairman and another voting member to serve
as the Vice Chairman.
``(B) The Vice Chairman shall act as Chairman in the
absence or incapacity of the Chairman.
``(d) Compensation.--Voting members of the panel shall--
``(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually
engaged in the performance of duties for such panel; and
``(2) be reimbursed for actual and reasonable expenses
incurred in the performance of such duties.
``(e) Meetings.--The panel shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the request of a
majority of the voting members or of the Secretary.
``(f) Powers.--The panel may exercise such powers as are reasonably
necessary in order to carry out its duties under subsection (b).''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 306 (33 U.S.C. 892d) is amended to read as follows:
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Administrator the
following:
``(1) To carry out nautical mapping and charting functions
under sections 303 and 304 of this Act, except for conducting
hydrographic surveys--
``(A) $50,000,000 for fiscal year 2003;
``(B) $55,000,000 for fiscal year 2004;
[[Page 116 STAT. 3082]]
``(C) $60,000,000 for fiscal year 2005;
``(D) $65,000,000 for fiscal year 2006; and
``(E) $70,000,000 for fiscal year 2007.
``(2) To contract for hydrographic surveys under section
303(b)(1), including the leasing or time chartering of vessels--
``(A) $40,000,000 for fiscal year 2003;
``(B) $42,500,000 for fiscal year 2004;
``(C) $45,000,000 for fiscal year 2005;
``(D) $47,500,000 for fiscal year 2006; and
``(E) $50,000,000 for fiscal year 2007.
``(3) To operate hydrographic survey vessels owned by the
United States and operated by the Administration--
``(A) $14,000,000 for fiscal year 2003;
``(B) $18,000,000 for fiscal year 2004; and
``(C) $21,000,000 for fiscal years 2005 through
2007.
``(4) To carry out geodetic functions under this title--
``(A) $27,500,000 for fiscal year 2003;
``(B) $30,000,000 for fiscal year 2004;
``(C) $32,500,000 for fiscal year 2005;
``(D) $35,000,000 for fiscal year 2006; and
``(E) $35,500,000 for fiscal year 2007.
``(5) To carry out tide and current measurement functions
under this title--
``(A) $25,000,000 for fiscal year 2003;
``(B) $27,500,000 for fiscal year 2004;
``(C) $30,000,000 for fiscal year 2005;
``(D) $32,500,000 for fiscal year 2006; and
``(E) $35,000,000 for fiscal year 2007.
``(6) To carry out activities authorized under this title
that enhance homeland security, including electronic navigation
charts, hydrographic surveys, real time tide and current
measurements, and geodetic functions, in addition to other
amounts authorized by this section, $20,000,000.''.
TITLE <<NOTE: National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002.>> II--NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS
SEC. 201. SHORT TITLE. <<NOTE: 33 USC 3001 note.>>
This title may be cited as the ``National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002''.
Subtitle A--General Provisions
SEC. 211. COMMISSIONED OFFICER CORPS. <<NOTE: 33 USC 3001.>>
There shall be in the National Oceanic and Atmospheric
Administration a commissioned officer corps.
SEC. 212. DEFINITIONS. <<NOTE: 33 USC 3002.>>
(a) Applicability of Definitions in Title 10, United States Code.--
Except as provided in subsection (b), the definitions provided in
section 101 of title 10, United States Code, apply to the provisions of
this title.
[[Page 116 STAT. 3083]]
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means full-time
duty in the active service of a uniformed service.
(2) Grade.--The term ``grade'' means a step or degree, in a
graduated scale of office or rank, that is established and
designated as a grade by law or regulation.
(3) Officer.--The term ``officer'' means an officer of the
commissioned corps.
(4) Flag officer.--The term ``flag officer'' means an
officer serving in, or having the grade of, vice admiral, rear
admiral, or rear admiral (lower half).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
SEC. 213. AUTHORIZED NUMBER ON THE ACTIVE LIST. <<NOTE: 33 USC 3003.>>
(a) Annual Strength on Active List.--The annual strength of the
commissioned corps in officers on the lineal list of active duty
officers of the corps shall be prescribed by law.
(b) Lineal List.--The Secretary shall maintain a list, known as the
``lineal list'', of officers on active duty. Officers shall be carried
on the lineal list by grade and, within grade, by seniority in grade.
SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. <<NOTE: 33 USC 3004.>>
(a) Relative Rank; Proportion.--Of the total authorized number of
officers on the lineal list of the commissioned corps, there are
authorized numbers in permanent grade, in relative rank with officers of
the Navy, in proportions as follows:
(1) 8 in the grade of captain.
(2) 14 in the grade of commander.
(3) 19 in the grade of lieutenant commander.
(4) 23 in the grade of lieutenant.
(5) 18 in the grade of lieutenant (junior grade).
(6) 18 in the grade of ensign.
(b) Computation of Number in Grade.--
(1) In general.--Subject to paragraph (2), whenever a final
fraction occurs in computing the authorized number of officers
in a grade, the nearest whole number shall be taken, and if the
fraction is one-half the next higher whole number shall be
taken.
(2) Limitation on increase in total number.--The total
number of officers on the lineal list authorized by law may not
be increased as the result of the computations prescribed in
this section, and if necessary the number of officers in the
lowest grade shall be reduced accordingly.
(c) Preservation of Grade and Pay, Etc.--No officer may be reduced
in grade or pay or separated from the commissioned corps as the result
of a computation made to determine the authorized number of officers in
the various grades.
(d) Filling of Vacancies; Additional Numbers.--Nothing in this
section may be construed as requiring the filling of any vacancy or as
prohibiting additional numbers in any grade to compensate for vacancies
existing in higher grades.
(e) Temporary Increase in Numbers.--The total number of officers
authorized by law to be on the lineal list during a fiscal year may be
temporarily exceeded so long as the average number
[[Page 116 STAT. 3084]]
on that list during that fiscal year does not exceed the authorized
number.
SEC. 215. <<NOTE: 33 USC 3005.>> AUTHORIZED NUMBER FOR FISCAL YEARS 2003
THROUGH 2005.
There are authorized to be on the lineal list of the commissioned
corps of the National Oceanic and Atmospheric Administration--
(1) 270 officers for fiscal year 2003;
(2) 285 officers for fiscal year 2004; and
(3) 299 officers for fiscal year 2005.
Subtitle B--Appointment and Promotion of Officers
SEC. 221. ORIGINAL APPOINTMENTS. <<NOTE: 33 USC 3021.>>
(a) In General.--
(1) Grades.--Original appointments may be made in the grades
of ensign, lieutenant (junior grade), and lieutenant.
(2) Qualifications.--Under regulations prescribed by the
Secretary, such an appointment may be given only to a person
who--
(A) meets the qualification requirements specified
in paragraphs (1) through (4) of section 532(a) of title
10, United States Code; and
(B) has such other special qualifications as the
Secretary may prescribe by regulation.
(3) Examination.--A person may be given such an appointment
only after passage of a mental and physical examination given in
accordance with regulations prescribed by the Secretary.
(4) Revocation of commission of officers found not
qualified.--The President may revoke the commission of any
officer appointed under this section during the officer's first
three years of service if the officer is found not qualified for
the service. Any such revocation shall be made under regulations
prescribed by the President.
(b) Lineal List.--Each person appointed under this section shall be
placed on the lineal list in a position commensurate with that person's
age, education, and experience, in accordance with regulations
prescribed by the Secretary.
(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
(1) In general.--For the purposes of basic pay, a person
appointed under this section in the grade of lieutenant shall be
credited as having, on the date of that appointment, three years
of service, and a person appointed under this section in the
grade of lieutenant (junior grade) shall be credited as having,
as of the date of that appointment, 1\1/2\ years of service.
(2) Higher credit under other law.--If a person appointed
under this section is entitled to credit for the purpose of
basic pay under any other provision of law that would exceed the
amount of credit authorized by paragraph (1), that person shall
be credited with that amount of service in lieu of the credit
authorized by paragraph (1).
[[Page 116 STAT. 3085]]
SEC. 222. PERSONNEL BOARDS. <<NOTE: 33 USC 3022.>>
(a) Convening.--At least once a year and at such other times as the
Secretary determines necessary, the Secretary shall convene a personnel
board. A personnel board shall consist of not less than five officers on
the lineal list in the permanent grade of commander or above.
(b) Duties.--Each personnel board shall--
(1) recommend to the Secretary such changes in the lineal
list as the board may determine; and
(2) make selections and recommendations to the Secretary and
President for the appointment, promotion, separation,
continuation, and retirement of officers as prescribed in this
subtitle and subtitle C.
(c) Action on Recommendations Not Acceptable.--In a case in which
any recommendation by a board convened under subsection (a) is not
accepted by the Secretary or the President, the board shall make such
further recommendations as are acceptable.
SEC. 223. <<NOTE: 33 USC 3023.>> PROMOTION OF ENSIGNS TO GRADE OF
LIEUTENANT (JUNIOR GRADE).
(a) In General.--An officer in the permanent grade of ensign shall
be promoted to and appointed in the grade of lieutenant (junior grade)
upon completion of three years of service. The authorized number of
officers in the grade of lieutenant (junior grade) shall be temporarily
increased as necessary to authorize such appointment.
(b) Separation of Ensigns Found Not Fully Qualified.--If an officer
in the permanent grade of ensign is at any time found not fully
qualified, the officer's commission shall be revoked and the officer
shall be separated from the commissioned service.
SEC. 224. <<NOTE: 33 USC 3024.>> PROMOTION BY SELECTION TO PERMANENT
GRADES ABOVE LIEUTENANT (JUNIOR GRADE).
Promotion to fill vacancies in each permanent grade above the grade
of lieutenant (junior grade) shall be made by selection from the next
lower grade upon recommendation of the personnel board.
SEC. 225. LENGTH OF SERVICE FOR PROMOTION PURPOSES. <<NOTE: 33 USC
3025.>>
(a) General Rule.--Each officer shall be assumed to have, for
promotion purposes, at least the same length of service as any other
officer below that officer on the lineal list.
(b) Exception.--Notwithstanding subsection (a), an officer who has
lost numbers shall be assumed to have, for promotion purposes, no
greater service than the officer next above such officer in such
officer's new position on the lineal list.
SEC. 226. <<NOTE: 33 USC 3026.>> APPOINTMENTS AND PROMOTIONS TO
PERMANENT GRADES.
Appointments in and promotions to all permanent grades shall be made
by the President, by and with the advice and consent of the Senate.
SEC. 227. <<NOTE: 33 USC 3027.>> GENERAL QUALIFICATION OF OFFICERS FOR
PROMOTION TO HIGHER PERMANENT GRADE.
No officer may be promoted to a higher permanent grade on the active
list until the officer has passed a satisfactory mental and physical
examination in accordance with regulations prescribed by the Secretary.
[[Page 116 STAT. 3086]]
SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. <<NOTE: 33 USC
3028.>>
(a) Designation of Positions.--The Secretary may designate positions
in the Administration as being positions of importance and
responsibility for which it is appropriate that officers of the
Administration, if serving in those positions, serve in the grade of
vice admiral, rear admiral, or rear admiral (lower half), as designated
by the Secretary for each position.
(b) Assignment of Officers to Designated Positions.--The Secretary
may assign officers to positions designated under subsection (a).
(c) Director of NOAA Corps and Office of Marine and Aviation
Operations.--The Secretary shall designate one position under this
section as responsible for oversight of the vessel and aircraft fleets
and for the administration of the commissioned officer corps. That
position shall be filled by an officer on the lineal list serving in or
above the grade of rear admiral (lower half). For the specific purpose
of administering the commissioned officer corps, that position shall
carry the title of Director of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps. For the specific purpose of
administering the vessel and aircraft fleets, that position shall carry
the title of Director of the Office of Marine and Aviation Operations.
(d) Grade.--
(1) Temporary appointment to grade designated for
position.--An officer assigned to a position under this section
while so serving has the grade designated for that position, if
appointed to that grade by the President, by and with the advice
and consent of the Senate.
(2) Reversion to permanent grade.--An officer who has served
in a grade above captain, upon termination of the officer's
assignment to the position for which that appointment was made,
shall, unless appointed or assigned to another position for
which a higher grade is designated, revert to the grade and
number the officer would have occupied but for serving in a
grade above that of captain. In such a case, the officer shall
be an extra number in that grade.
(e) Number of Officers Appointed.--
(1) Overall limit.--The total number of officers serving on
active duty at any one time in the grade of rear admiral (lower
half) or above may not exceed four.
(2) Limit by grade.--The number of officers serving on
active duty under appointments under this section may not
exceed--
(A) one in the grade of vice admiral;
(B) two in the grade of rear admiral; and
(C) two in the grade of rear admiral (lower half).
(f) Pay and Allowances.--An officer appointed to a grade under this
section, while serving in that grade, shall have the pay and allowances
of the grade to which appointed.
(g) Effect of Appointment.--An appointment of an officer under this
section--
(1) does not vacate the permanent grade held by the officer;
and
(2) creates a vacancy on the active list.
[[Page 116 STAT. 3087]]
SEC. 229. <<NOTE: 33 USC 3029.>> TEMPORARY APPOINTMENTS AND PROMOTIONS
GENERALLY.
(a) Ensign.--Temporary appointments in the grade of ensign may be
made by the President alone. Each such temporary appointment terminates
at the close of the next regular session of the Congress unless the
Senate sooner gives its advice and consent to the appointment.
(b) Lieutenant (Junior Grade).--Officers in the permanent grade of
ensign may be temporarily promoted to and appointed in the grade of
lieutenant (junior grade) by the President alone whenever vacancies
exist in higher grades.
(c) Any One Grade.--When determined by the Secretary to be in the
best interest of the service, officers in any permanent grade may be
temporarily promoted one grade by the President alone. Any such
temporary promotion terminates upon the transfer of the officer to a new
assignment.
SEC. 230. <<NOTE: 33 USC 3030.>> TEMPORARY APPOINTMENT OR ADVANCEMENT OF
COMMISSIONED OFFICERS IN TIME OF WAR OR NATIONAL EMERGENCY.
(a) In General.--Officers of the Administration shall be subject in
like manner and to the same extent as personnel of the Navy to all laws
authorizing temporary appointment or advancement of commissioned
officers in time of war or national emergency.
(b) <<NOTE: Applicability.>> Limitations.--Subsection (a) shall be
applied subject to the following limitations:
(1) A commissioned officer in the service of a military
department under section 251 may, upon the recommendation of the
Secretary of the military department concerned, be temporarily
promoted to a higher rank or grade.
(2) A commissioned officer in the service of the
Administration may be temporarily promoted to fill vacancies in
ranks and grades caused by the transfer of commissioned officers
to the service and jurisdiction of a military department under
section 251.
(3) Temporary appointments may be made in all grades to
which original appointments in the Administration are
authorized, except that the number of officers holding temporary
appointments may not exceed the number of officers transferred
to a military department under section 251.
SEC. 231. <<NOTE: 33 USC 3031.>> PAY AND ALLOWANCES; DATE OF ACCEPTANCE
OF PROMOTION.
(a) Acceptance and Date of Promotion.--An officer of the
commissioned corps who is promoted to a higher grade--
(1) is deemed for all purposes to have accepted the
promotion upon the date the promotion is made by the President,
unless the officer expressly declines the promotion; and
(2) shall receive the pay and allowances of the higher grade
from that date unless the officer is entitled under another
provision of law to receive the pay and allowances of the higher
grade from an earlier date.
(b) Oath of Office.--An officer who subscribed to the oath of office
required by section 3331 of title 5, United States Code, shall not be
required to renew such oath or to take a new oath upon promotion to a
higher grade, if the service of the officer after the taking of such
oath is continuous.
[[Page 116 STAT. 3088]]
SEC. 232. <<NOTE: 33 USC 3032.>> SERVICE CREDIT AS DECK OFFICER OR
JUNIOR ENGINEER FOR PROMOTION PURPOSES.
For purposes of promotion, there shall be counted in addition to
active commissioned service, service as deck officer or junior engineer.
SEC. 233. <<NOTE: 33 USC 3033.>> SUSPENSION DURING WAR OR EMERGENCY.
In time of emergency declared by the President or by the Congress,
and in time of war, the President is authorized, in the President's
discretion, to suspend the operation of all or any part of the
provisions of law pertaining to promotion of commissioned officers of
the Administration.
Subtitle C--Separation and Retirement of Officers
SEC. 241. <<NOTE: 33 USC 3041.>> INVOLUNTARY RETIREMENT OR SEPARATION.
(a) Transfer of Officers to Retired List; Separation From Service.--
As recommended by a personnel board convened under section 222--
(1) an officer in the permanent grade of captain or
commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant
commander, lieutenant, or lieutenant (junior grade) who is not
qualified for retirement may be separated from the service.
(b) Computations.--In any fiscal year, the total number of officers
selected for retirement or separation under subsection (a) plus the
number of officers retired for age may not exceed the whole number
nearest 4 percent of the total number of officers authorized to be on
the active list, except as otherwise provided by law.
(c) Effective Date of Retirements and Separations.--A retirement or
separation under subsection (a) shall take effect on the first day of
the sixth month beginning after the date on which the Secretary approves
the retirement or separation, except that if the officer concerned
requests an earlier retirement or separation date, the date shall be as
determined by the Secretary.
SEC. 242. SEPARATION PAY. <<NOTE: 33 USC 3042.>>
(a) Authorization of Payment.--An officer who is separated under
section 241(a)(2) and who has completed more than three years of
continuous active service immediately before that separation is entitled
to separation pay computed under subsection (b) unless the Secretary
determines that the conditions under which the officer is separated do
not warrant payment of that pay.
(b) Amount of Separation Pay.--
(1) Six or more years.--In the case of an officer who has
completed six or more years of continuous active service
immediately before that separation, the amount of separation pay
to be paid to the officer under this section is 10 percent of
the product of--
(A) the years of active service creditable to the
officer; and
(B) 12 times the monthly basic pay to which the
officer was entitled at the time of separation.
[[Page 116 STAT. 3089]]
(2) Three to six years.--In the case of an officer who has
completed three or more but fewer than six years of continuous
active service immediately before that separation, the amount of
separation pay to be paid to the officer under this section is
one-half of the amount computed under paragraph (1).
(c) <<NOTE: Applicability.>> Other Conditions, Requirements, and
Administrative Provisions.--The provisions of subsections (f), (g), and
(h) of section 1174 of title 10, United States Code, shall apply to
separation pay under this section in the same manner as such provisions
apply to separation pay under that section.
SEC. 243. MANDATORY RETIREMENT FOR AGE. <<NOTE: 33 USC 3043.>>
(a) Officers Below Grade of Rear Admiral (Lower Half).--Unless
retired or separated earlier, each officer on the lineal list of the
commissioned corps who is serving in a grade below the grade of rear
admiral (lower half) shall be retired on the first day of the month
following the month in which the officer becomes 62 years of age.
(b) Flag Officers.--Notwithstanding subsection (a), the President
may defer the retirement of an officer serving in a position that
carries a grade above captain for such period as the President considers
advisable, but such a deferment may not extend beyond the first day of
the month following the month in which the officer becomes 64 years of
age.
SEC. 244. RETIREMENT FOR LENGTH OF SERVICE. <<NOTE: 33 USC 3044.>>
An officer who has completed 20 years of service, of which at least
10 years was service as a commissioned officer, may at any time
thereafter, upon application by such officer and in the discretion of
the President, be placed on the retired list.
SEC. 245. COMPUTATION OF RETIRED PAY. <<NOTE: 33 USC 3045.>>
(a) Officers First Becoming Members Before September 8, 1980.--Each
officer on the retired list who first became a member of a uniformed
service before September 8, 1980, shall receive retired pay at the rate
determined by multiplying--
(1) the retired pay base determined under section 1406(g) of
title 10, United States Code; by
(2) 2\1/2\ percent of the number of years of service that
may be credited to the officer under section 1405 of such title
as if the officer's service were service as a member of the
Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired pay
base.
(b) Officers First Becoming Members on or After September 8, 1980.--
Each officer on the retired list who first became a member of a
uniformed service on or after September 8, 1980, shall receive retired
pay at the rate determined by multiplying--
(1) the retired pay base determined under section 1407 of
title 10, United States Code; by
(2) the retired pay multiplier determined under section 1409
of such title for the number of years of service that may be
credited to the officer under section 1405 of such title as if
the officer's service were service as a member of the Armed
Forces.
(c) Treatment of Full and Fractional Parts of Months in Computing
Years of Service.--
[[Page 116 STAT. 3090]]
(1) In general.--In computing the number of years of service
of an officer for the purposes of subsection (a)--
(A) each full month of service that is in addition
to the number of full years of service creditable to the
officer shall be credited as \1/12\ of a year; and
(B) any remaining fractional part of a month shall
be disregarded.
(2) Rounding.--Retired pay computed under this section, if
not a multiple of $1, shall be rounded to the next lower
multiple of $1.
SEC. 246. RETIRED GRADE AND RETIRED PAY. <<NOTE: 33 USC 3046.>>
Each officer retired pursuant to law shall be placed on the retired
list with the highest grade satisfactorily held by that officer while on
active duty including active duty pursuant to recall, under permanent or
temporary appointment, and shall receive retired pay based on such
highest grade, if--
(1) the officer's performance of duty in such highest grade
has been satisfactory, as determined by the Secretary of the
department or departments under whose jurisdiction the officer
served; and
(2) unless retired for disability, the officer's length of
service in such highest grade is no less than that required by
the Secretary of officers retiring under permanent appointment
in that grade.
SEC. 247. <<NOTE: 33 USC 3047.>> RETIRED RANK AND PAY HELD PURSUANT TO
OTHER LAWS UNAFFECTED.
Nothing in this subtitle shall prevent an officer from being placed
on the retired list with the highest rank and with the highest retired
pay to which the officer is entitled under any other provision of law.
SEC. 248. <<NOTE: 33 USC 3048.>> CONTINUATION ON ACTIVE DUTY; DEFERRAL
OF RETIREMENT.
The provisions of subchapter IV of chapter 36 of title 10, United
States Code, relating to continuation on active duty and deferral of
retirement shall apply to commissioned officers of the Administration.
SEC. 249. RECALL TO ACTIVE DUTY. <<NOTE: 33 USC 3049.>>
The provisions of chapter 39 of title 10, United States Code,
relating to recall of retired officers to active duty, including the
limitations on such recalls, shall apply to commissioned officers of the
Administration.
Subtitle D--Service of Officers With the Military Departments
SEC. 251. <<NOTE: 33 USC 3061.>> COOPERATION WITH AND TRANSFER TO
MILITARY DEPARTMENTS.
(a) Transfers of Resources and Officers During National Emergency.--
(1) Transfers authorized.--The President may, whenever in
the judgment of the President a sufficient national emergency
exists, transfer to the service and jurisdiction of a military
department such vessels, equipment, stations, and officers of
[[Page 116 STAT. 3091]]
the Administration as the President considers to be in the best
interest of the country.
(2) Responsibility for funding of transferred resources and
officers.--After any such transfer all expenses connected
therewith shall be defrayed out of the appropriations for the
department to which the transfer is made.
(3) Return of transferred resources and officers.--Such
transferred vessels, equipment, stations, and officers shall be
returned to the Administration when the national emergency
ceases, in the opinion of the President.
(4) Rule of construction.--Nothing in this section shall be
construed as transferring the Administration or any of its
functions from the Department of Commerce except in time of
national emergency and to the extent provided in this section.
(b) Limitation on Transfer of Officers.--This section does not
authorize the transfer of an officer of the Administration to a military
department if the accession or retention of that officer in that
military department is otherwise not authorized by law.
(c) Status of Transferred Officers.--An officer of the
Administration transferred under this section, shall, while under the
jurisdiction of a military department, have proper military status and
shall be subject to the laws, regulations, and orders for the government
of the Army, Navy, or Air Force, as the case may be, insofar as the same
may be applicable to persons whose retention permanently in the military
service of the United States is not contemplated by law.
SEC. 252. <<NOTE: 33 USC 3062.>> RELATIVE RANK OF OFFICERS WHEN SERVING
WITH ARMY, NAVY, OR AIR FORCE.
When serving with the Army, Navy, or Air Force, an officer of the
Administration shall rank with and after officers of corresponding grade
in the Army, Navy, or Air Force of the same length of service in grade.
Nothing in this subtitle shall be construed to affect or alter an
officer's rates of pay and allowances when not assigned to military
duty.
SEC. 253. <<NOTE: 33 USC 3063.>> RULES AND REGULATIONS WHEN COOPERATING
WITH MILITARY DEPARTMENTS.
(a) Joint Regulations.--The Secretary of Defense and the Secretary
of Commerce shall jointly prescribe regulations--
(1) governing the duties to be performed by the
Administration in time of war; and
(2) providing for the cooperation of the Administration with
the military departments in time of peace in preparation for its
duties in time of war.
(b) Approval.--Regulations under subsection (a) shall not be
effective unless approved by each of those Secretaries.
(c) Communications.--Regulations under subsection (a) may provide
procedures for making reports and communications between a military
department and the Administration.
Subtitle E--Rights and Benefits
SEC. 261. <<NOTE: 33 USC 3071.>> APPLICABILITY OF CERTAIN PROVISIONS OF
TITLE 10, UNITED STATES CODE.
(a) Provisions Made Applicable to the Corps.--The rules of law that
apply to the Armed Forces under the following provisions
[[Page 116 STAT. 3092]]
of title 10, United States Code, as those provisions are in effect from
time to time, apply also to the commissioned officer corps of the
Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed
forces and to and from National Oceanic and Atmospheric
Administration.
(4) Section 1035, relating to deposits of savings.
(5) Section 1036, relating to transportation and travel
allowances for escorts for dependents of members.
(6) Section 1052, relating to reimbursement for adoption
expenses.
(7) Section 1174a, relating to special separation benefits
(except that benefits under subsection (b)(2)(B) of such section
are subject to the availability of appropriations for such
purpose and are provided at the discretion of the Secretary of
Commerce).
(8) Chapter 61, relating to retirement or separation for
physical disability.
(9) Chapter 69, relating to retired grade, except sections
1370, 1375, and 1376.
(10) Chapter 71, relating to computation of retired pay.
(11) Chapter 73, relating to annuities based on retired or
retainer pay.
(12) Subchapter II of chapter 75, relating to death
benefits.
(13) Section 2634, relating to transportation of motor
vehicles for members on permanent change of station.
(14) Sections 2731 and 2735, relating to property loss
incident to service.
(15) Section 2771, relating to final settlement of accounts
of deceased members.
(16) Such other provisions of subtitle A of that title as
may be adopted for applicability to the commissioned officer
corps of the National Oceanic and Atmospheric Administration by
any other provision of law.
(b) References.--The authority vested by title 10, United States
Code, in the ``military departments'', ``the Secretary concerned'', or
``the Secretary of Defense'' with respect to the provisions of law
referred to in subsection (a) shall be exercised, with respect to the
commissioned officer corps of the Administration, by the Secretary of
Commerce or the Secretary's designee.
SEC. 262. <<NOTE: 33 USC 3072.>> ELIGIBILITY FOR VETERANS BENEFITS AND
OTHER RIGHTS, PRIVILEGES, IMMUNITIES, AND BENEFITS UNDER
CERTAIN PROVISIONS OF LAW.
(a) In General.--Active service of officers of the Administration
shall be deemed to be active military service for the purposes of all
rights, privileges, immunities, and benefits under the following:
(1) Laws administered by the Secretary of Veterans Affairs.
(2) The Soldiers' and Sailors' Civil Relief Act of 1940 (50
App. U.S.C. 501 et seq.).
(3) Section 210 of the Social Security Act (42 U.S.C. 410),
as in effect before September 1, 1950.
(b) Exercise of Authority.--In the administration of the laws and
regulations referred to in subsection (a), with respect to the
[[Page 116 STAT. 3093]]
Administration, the authority vested in the Secretary of Defense and the
Secretaries of the military departments and their respective departments
shall be exercised by the Secretary of Commerce.
SEC. 263. MEDICAL AND DENTAL CARE. <<NOTE: 33 USC 3073.>>
The Secretary may provide medical and dental care, including care in
private facilities, for personnel of the Administration entitled to that
care by law or regulation.
SEC. 264. COMMISSARY PRIVILEGES. <<NOTE: 33 USC 3074.>>
(a) Extension of Privilege.--Commissioned officers, ships' officers,
and members of crews of vessels of the Administration shall be permitted
to purchase commissary and quartermaster supplies as far as available
from the Armed Forces at the prices charged officers and enlisted
members of the Armed Forces.
(b) Sales of Rations, Stores, Uniforms, and Related Equipment.--The
Secretary may purchase ration supplies for messes, stores, uniforms,
accouterments, and related equipment for sale aboard ship and shore
stations of the Administration to members of the uniformed services and
to personnel assigned to such ships or shore stations. Sales shall be in
accordance with regulations prescribed by the Secretary, and proceeds
therefrom shall, as far as is practicable, fully reimburse the
appropriations charged without regard to fiscal year.
(c) Surviving Spouses' Rights.--Rights extended to members of the
uniformed services in this section are extended to their surviving
spouses and to such others as are designated by the Secretary concerned.
SEC. 265. <<NOTE: 33 USC 3075.>> AUTHORITY TO USE APPROPRIATED FUNDS FOR
TRANSPORTATION AND REIMBURSEMENT OF CERTAIN ITEMS.
(a) Transportation of Effects of Deceased Officers.--In the case of
an officer who dies on active duty, the Secretary may provide, from
appropriations made available to the Administration, transportation
(including packing, unpacking, crating, and uncrating) of personal and
household effects of that officer to the official residence of record of
that officer. However, upon application by the dependents of such an
officer, such transportation may be provided to such other location as
may be determined by the Secretary.
(b) Reimbursement for Supplies Furnished by Officers to Distressed
and Shipwrecked Persons.--Under regulations prescribed by the Secretary,
appropriations made available to the Administration may be used to
reimburse an officer for food, clothing, medicines, and other supplies
furnished by the officer--
(1) for the temporary relief of distressed persons in remote
localities; or
(2) to shipwrecked persons who are temporarily provided for
by the officer.
SEC. 266. <<NOTE: 33 USC 3076.>> PRESENTATION OF UNITED STATES FLAG UPON
RETIREMENT.
(a) Presentation of Flag Upon Retirement.--Upon the release of a
commissioned officer from active commissioned service for retirement,
the Secretary shall present a United States flag to the officer.
(b) Multiple Presentations Not Authorized.--An officer is not
eligible for presentation of a flag under subsection (a) if the
[[Page 116 STAT. 3094]]
officer has previously been presented a flag under this section or any
other provision of law providing for the presentation of a United States
flag incident to release from active service for retirement.
(c) No Cost to Recipient.--The presentation of a flag under this
section shall be at no cost to the recipient.
Subtitle F--Repeals and Conforming Amendments
SEC. 271. REPEALS.
The following provisions of law are repealed:
(1) The Coast and Geodetic Survey Commissioned Officers' Act
of 1948 (33 U.S.C. 853a et seq.).
(2) Section 3 of the Act of August 10, 1956 (33 U.S.C.
857a).
(3) Public Law 91-621 (33 U.S.C. 857-1 et seq.).
(4) Section 16 of the Act of May 22, 1917 (33 U.S.C. 854,
855, 856, 857, and 858).
(5) Section 1 of the Act of July 22, 1947 (33 U.S.C. 874).
(6) Section 11 of the Act entitled ``An Act to increase the
efficiency of the commissioned and enlisted personnel of the
Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic
Survey, and Public Health Service'', enacted May 18, 1920 (33
U.S.C. 864).
(7) Section 636(a)(17) of the Foreign Assistance Act of 1961
(22 U.S.C. 2396(a)(17)).
SEC. 272. CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Section 1406(g) of title 10,
United States Code, is amended by striking ``section 16 of the Coast and
Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853o)''
and inserting ``section 305 of the National Oceanic and Atmospheric
Administration Commissioned Officers Act of 2002''.
(b) Public Law 104-106.--Section 566(c) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
328; 10 U.S.C. 1293 note) is amended by striking ``the Coast and
Geodetic Survey Commissioned Officers' Act of 1948'' and inserting ``the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002''.
TITLE III--VARIOUS <<NOTE: Fisheries Conservation Act of 2002.>>
FISHERIES CONSERVATION REAUTHORIZATIONS
SEC. 301. SHORT TITLE. <<NOTE: 16 USC 757a note.>>
This title may be cited as the ``Fisheries Conservation Act of
2002''.
SEC. 302. REAUTHORIZATION AND AMENDMENT OF THE INTERJURISDICTIONAL
FISHERIES ACT OF 1986.
(a) Reauthorization.--Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
(1) by amending subsection (a) to read as follows:
[[Page 116 STAT. 3095]]
``(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment to carry
out the purposes of this title--
``(1) $5,400,000 for each of fiscal years 2003 and 2004; and
``(2) $5,900,000 for each of fiscal years 2005 and 2006.'';
and
(2) in subsection (c) by striking ``$700,000 for fiscal year
1997, and $750,000 for each of the fiscal years 1998, 1999, and
2000'' and inserting ``$850,000 for each of fiscal years 2003
and 2004, and $900,000 for each of fiscal years 2005 and 2006''.
(b) Purposes of the Interjurisdictional Fisheries Act of 1986.--
Section 302 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4101) is amended by striking ``and'' after the semicolon at the end of
paragraph (1), striking the period at the end of paragraph (2) and
inserting ``; and'', and adding at the end the following:
``(3) to promote and encourage research in preparation for
the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of
interjurisdictional fishery resources throughout their range.''.
SEC. 303. REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS FISH
CONSERVATION ACT.
(a) Reauthorization.--Section 4 of the Anadromous Fish Conservation
Act (16 U.S.C. 757d) is amended to read as follows:
``authorization of appropriations
``Sec. 4. (a)(1) There are authorized to be appropriated to carry
out the purposes of this Act not to exceed the following sums:
``(A) $4,750,000 for each of fiscal years 2003 and 2004; and
``(B) $5,000,000 for each of fiscal years 2005 and 2006.
``(2) Sums appropriated under this subsection are authorized to
remain available until expended.
``(b) Not more than $625,000 of the funds appropriated under this
section in any one fiscal year shall be obligated in any one State.''.
(b) Research on and Use of Ecosystems and Interspecies Approaches to
Conservation and Management.--The first section of the Anadromous Fish
Conservation Act (16 U.S.C. 757a) is amended in subsection (b) by
inserting ``(1)'' after ``(b)'', and by adding at the end the following:
``(2) In carrying out responsibilities under this section, the
Secretary shall conduct, promote, and encourage research in preparation
for the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of anadromous and Great
Lakes fishery resources.''.
SEC. 304. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971h) is amended to read as follows:
[[Page 116 STAT. 3096]]
``authorization of appropriations
``Sec. 10. (a) In General.--There are authorized to be appropriated
to carry out this Act, including use for payment of the United States
share of the joint expenses of the Commission as provided in Article X
of the Convention, the following sums:
``(1) For each of fiscal years 2003 and 2004, $5,480,000.
``(2) For each of fiscal years 2005 and 2006, $5,495,000.
``(b) Allocation.--Of amounts available under this section for each
fiscal year--
``(1) $150,000 are authorized for the advisory committee
established under section 4 and the species working groups
established under section 4A; and
``(2) $4,240,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16 U.S.C.
971i).''.
SEC. 305. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION
ACT OF 1995.
Section 211 of the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5610) is amended by striking ``2001'' and inserting
``2006''.
SEC. 306. EXTENSION OF DEADLINE.
(a) Extension of Deadline.--The Oceans Act of 2000 (Public Law 106-
256) is amended--
(1) in section 3(i) <<NOTE: 33 USC 857-19 note.>> (114
Stat. 648) by striking ``30 days'' and inserting ``90 days'';
and
(2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note)
by striking ``120 days'' and inserting ``90 days''.
(b) Authorization of Appropriations.--Section 3(j) of such Act (114
Stat. 648) <<NOTE: 33 USC 857-19 note.>> is amended by striking
``$6,000,000'' and inserting ``$8,500,000''.
(c) Technical Corrections.--Section 3(e) of such Act (114 Stat.
646) <<NOTE: 33 USC 857-19 note.>> is amended--
(1) in paragraph (1) by striking the colon in the third
sentence and inserting a period;
(2) by inserting immediately after such period the
following:
``(2) Notice; Minutes; Public Availability of Documents.--
''; and
(3) by redesignating the subsequent paragraphs in order as
paragraphs (3) and (4), respectively.
TITLE IV--MISCELLANEOUS
SEC. 401. CHESAPEAKE BAY OFFICE.
(a) Reauthorization of Office.--Section 307 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d) is amended to read as follows:
``SEC. 307. CHESAPEAKE BAY OFFICE.
``(a) Establishment.--(1) The Secretary of Commerce shall establish,
within the National Oceanic and Atmospheric Administration, an office to
be known as the Chesapeake Bay Office (in this section referred to as
the `Office').
``(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with the
Chesapeake Executive Council. Any individual appointed as
[[Page 116 STAT. 3097]]
Director shall have knowledge and experience in research or resource
management efforts in the Chesapeake Bay.
``(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this section.
``(b) Functions.--The Office, in consultation with the Chesapeake
Executive Council, shall--
``(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and local
government agencies in--
``(A) assessing the processes that shape the
Chesapeake Bay system and affect its living resources;
``(B) identifying technical and management
alternatives for the restoration and protection of
living resources and the habitats they depend upon; and
``(C) monitoring the implementation and
effectiveness of management plans;
``(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretary of Commerce in such
a manner as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the Chesapeake
Bay Agreement;
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs,
and the Chesapeake Bay units of the National Estuarine Research
Reserve System, including--
``(A) programs and activities in--
``(i) coastal and estuarine research,
monitoring, and assessment;
``(ii) fisheries research and stock
assessments;
``(iii) data management;
``(iv) remote sensing;
``(v) coastal management;
``(vi) habitat conservation and restoration;
and
``(vii) atmospheric deposition; and
``(B) programs and activities of the Cooperative
Oxford Laboratory of the National Ocean Service with
respect to--
``(i) nonindigenous species;
``(ii) estuarine and marine species pathology;
``(iii) human pathogens in estuarine and
marine environments; and
``(iv) ecosystem health;
``(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the
Environmental Protection Agency and other Federal, State, and
local agencies;
``(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and provide
other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
[[Page 116 STAT. 3098]]
``(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
``(7) <<NOTE: Reports.>> submit a biennial report to the
Congress and the Secretary of Commerce with respect to the
activities of the Office and on the progress made in protecting
and restoring the living resources and habitat of the Chesapeake
Bay, which report shall include an action plan consisting of--
``(A) a list of recommended research, monitoring,
and data collection activities necessary to continue
implementation of the strategy described in paragraph
(2); and
``(B) proposals for--
``(i) continuing any new National Oceanic and
Atmospheric Administration activities in the
Chesapeake Bay; and
``(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the commitments of
the Chesapeake 2000 agreement and subsequent
agreements.
``(c) Chesapeake Bay Fishery and Habitat Restoration Small Watershed
Grants Program.--
``(1) In general.--The Director of the Chesapeake Bay Office
of the National Oceanic and Atmospheric Administration (in this
section referred to as the `Director'), in cooperation with the
Chesapeake Executive Council, shall carry out a community-based
fishery and habitat restoration small grants and technical
assistance program in the Chesapeake Bay watershed.
``(2) Projects.--
``(A) Support.--The Director shall make grants under
this subsection to pay the Federal share of the cost of
projects that are carried out by entities eligible under
paragraph (3) for the restoration of fisheries and
habitats in the Chesapeake Bay.
``(B) Federal share.--The Federal share under
subparagraph (A) shall not exceed 75 percent.
``(C) Types of projects.--Projects for which grants
may be made under this subsection include--
``(i) the improvement of fish passageways;
``(ii) the creation of natural or artificial
reefs or substrata for habitats;
``(iii) the restoration of wetland or sea
grass;
``(iv) the production of oysters for
restoration projects; and
``(v) the prevention, identification, and
control of nonindigenous species.
``(3) Eligible entities.--The following entities are
eligible to receive grants under this subsection:
``(A) The government of a political subdivision of a
State in the Chesapeake Bay watershed, and the
government of the District of Columbia.
``(B) An organization in the Chesapeake Bay
watershed (such as an educational institution or a
community organization)--
``(i) that is described in section 501(c) of
the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of that Code;
and
[[Page 116 STAT. 3099]]
``(ii) that will administer such grants in
coordination with a government referred to in
subparagraph (A).
``(4) Additional requirements.--The Director may prescribe
any additional requirements, including procedures, that the
Director considers necessary to carry out the program under this
subsection.
``(d) Chesapeake Executive Council.--For purposes of this section,
`Chesapeake Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the Commonwealth of
Pennsylvania, the Environmental Protection Agency, the District of
Columbia, and the Chesapeake Bay Commission, who are signatories to the
Chesapeake Bay Agreement, and any future signatories to that Agreement.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Commerce for the Chesapeake Bay Office
$6,000,000 for each of fiscal years 2002 through 2006.''.
(b) Conforming Amendment.--Section 2 of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection
(e).
(c) <<NOTE: 15 USC 1511d note.>> Multiple Species Management
Strategy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of enactment of this Act, the Director of the
Chesapeake Bay Office of the National Oceanic and Atmospheric
Administration shall begin a 5-year study, in cooperation with
the scientific community of the Chesapeake Bay, appropriate
State and interstate resource management entities, and
appropriate Federal agencies--
(A) to determine and expand the understanding of the
role and response of living resources in the Chesapeake
Bay ecosystem; and
(B) to develop a multiple species management
strategy for the Chesapeake Bay.
(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy
under paragraph (1)(B), the study shall--
(A) determine the current status and trends of fish
and shellfish that live in the Chesapeake Bay and its
tributaries and are selected for study;
(B) evaluate and assess interactions among the fish
and shellfish referred to in subparagraph (A) and other
living resources, with particular attention to the
impact of changes within and among trophic levels; and
(C) recommend management actions to optimize the
return of a healthy and balanced ecosystem for the
Chesapeake Bay.
SEC. 402. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALIFORNIA.
(a) In General.--Except as provided in subsection (c), the Secretary
of Commerce shall convey to the Board of Trustees of the California
State University, by suitable instrument, in accordance with this
section, by as soon as practicable, but not later than 180 days after
the date of the enactment of this Act, and without consideration, all
right, title, and interest of the United
[[Page 116 STAT. 3100]]
States in the balance of the National Oceanic and Atmospheric
Administration property known as the Tiburon Laboratory, located in
Tiburon, California, as described in Exhibit A of the notarized,
revocable license between the Administration and Romberg Tiburon Center
for Environmental Studies at San Francisco State University dated
November 5, 2001 (license number 01ABF779-N).
(b) Conditions.--As a condition of any conveyance by the Secretary
under this section the Secretary shall require the following:
(1) The property conveyed shall be administered by the
Romberg Tiburon Center for Environmental Studies at San
Francisco State University and used only for the following
purposes:
(A) To enhance estuarine scientific research and
estuary restoration activities within San Francisco Bay.
(B) To administer and coordinate management
activities at the San Francisco Bay National Estuarine
Research Reserve.
(C) To conduct education and interpretation and
outreach activities to enhance public awareness and
appreciation of estuary resources, and for other
purposes.
(2) The Board shall--
(A) take title to the property as is;
(B) assume full responsibility for all facility
maintenance and repair, security, fire prevention,
utilities, signs, and grounds maintenance;
(C) allow the Secretary to have all necessary
ingress and egress over the property of the Board to
access Department of Commerce building and related
facilities, equipment, improvements, modifications, and
alterations; and
(D) not erect or allow to be erected any structure
or structures or obstruction of whatever kind that will
interfere with the access to or operation of property
retained for the United States under subsection (c)(1),
unless prior written consent has been provided by the
Secretary to the Board.
(c) Retained Interests.--The Secretary shall retain for the United
States--
(1) all right, title, and interest in and to the portion of
the property referred to in subsection (a) comprising Building
86, identified as Parcel C on Exhibit A of the license referred
to in subsection (a), including all facilities, equipment,
fixtures, improvements, modifications, or alterations made by
the Secretary;
(2) rights-of-way and easements that are determined by the
Secretary to be reasonable and convenient to ensure all
necessary ingress, egress, utilities, drainage, and sewage
disposal for the property retained under paragraph (1),
including access to the existing boat launch ramp (or
equivalent) and parking that is suitable to the Secretary;
(3) the exclusive right to install, maintain, repair,
replace, and remove its facilities, fixtures, and equipment on
the retained property, and to authorize other persons to take
any such action;
(4) the right to grade, condition, and install drainage
facilities, and to seed soil on the retained property, if
necessary; and
[[Page 116 STAT. 3101]]
(5) the right to remove all obstructions from the retained
property that may constitute a hindrance to the establishment
and maintenance of the retained property.
(d) Equivalent Alternative.--
(1) In general.--At any time, either the Secretary or the
Board may request of each other to enter into negotiations
pursuant to which the Board may convey if appropriate to the
United States, in exchange for property conveyed by the United
States under subsection (a), another building that is equivalent
in function to the property retained under subsection (c) that
is acceptable to the Secretary.
(2) Location.--Property conveyed by the Board under this
subsection is not required to be located on the property
referred to in subsection (a).
(3) Costs.--If the Secretary and the Board engage in a
property exchange under this subsection, all costs for repair,
removal, and moving of facilities, equipment, fixtures,
improvements, modifications, or alterations, including power,
control, and utilities, that are necessary for the exchange--
(A) shall be the responsibility of the Secretary, if
the action to seek an equivalent alternative was
requested by the Secretary in response to factors
unrelated to the activities of the Board or its
operatives in the operation of its facilities; or
(B) shall be the responsibility of the Board, if the
Secretary's request for an equivalent alternative was in
response to changes or modifications made by the Board
or its operatives that adversely affected the
Secretary's interest in the property retained under
subsection (c).
(e) Additional Conditions.--As conditions of any conveyance under
subsection (a)--
(1) the Secretary shall require that--
(A) the Board remediate, or have remediated, at its
sole cost, all hazardous or toxic substance
contamination found on the property conveyed under
subsection (a), whether known or unknown at the time of
the conveyance or later discovered; and
(B) the Board of Trustees hold harmless the
Secretary for any and all costs, liabilities, or claims
by third parties that arise out of any hazardous or
toxic substance contamination found on the property
conveyed under subsection (a) that are not directly
attributable to the installation, operation, or
maintenance of the Secretary's facilities, equipment,
fixtures, improvements, modifications, or alterations;
(2) the Secretary shall remediate, at the sole cost of the
United States, all hazardous or toxic substance contamination on
the property retained under subsection (c) that is found to have
occurred as a direct result of the installation, operation, or
maintenance of the Secretary's facilities, equipment, fixtures,
improvements, modifications, or alterations; and
(3) if the Secretary decides to terminate future occupancy
and interest of the property retained under subsection (c), the
Secretary shall--
(A) provide written notice to the Board at least 60
days prior to the scheduled date when the property will
be vacated;
[[Page 116 STAT. 3102]]
(B) remove facilities, equipment, fixtures,
improvements, modifications, or alterations and restore
the property to as good a condition as existed at the
time the property was retained under subsection (c),
taking into account ordinary wear and tear and exposure
to natural elements or phenomena; or
(C) surrender all facilities, equipment, fixtures,
improvements, modifications, or alterations to the Board
in lieu of restoration, whereupon title shall vest in
the Board of Trustees, and whereby all obligations of
restoration under this subsection shall be waived, and
all interests retained under subsection (c) shall be
revoked.
(f) Reversionary Interest.--
(1) In general.--All right, title, and interest in and to
all property and interests conveyed by the United States under
this section shall revert to the United States on the date on
which the Board uses any of the property for any purpose other
than the purposes described in subsection (b)(1).
(2) Administration of reverted property.--Any property that
reverts to the United States under this subsection shall be
under the administrative jurisdiction of the Administrator of
General Services.
(3) Annual certification.--One year after the date of a
conveyance made pursuant to subsection (a), and annually
thereafter, the Board shall certify to the Administrator of
General Services or his or her designee that the Board and its
designees are in compliance with the conditions of conveyance
under subsections (b) and (e).
(g) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Trustees
of the California State University.
(2) Center.--The term ``Center'' means the Romberg Tiburon
Center for Environmental Studies at San Francisco State
University.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 403. <<NOTE: 16 USC 916c note.>> EMERGENCY ASSISTANCE FOR
SUBSISTENCE WHALE HUNTERS.
Notwithstanding any provision of law, the use of a vessel to tow a
whale taken in a traditional subsistence whale hunt permitted by Federal
law and conducted in waters off the coast of Alaska is authorized, if
such towing is performed upon a request for emergency assistance made by
a subsistence whale hunting organization formally recognized by an
agency of the United States Government,
[[Page 116 STAT. 3103]]
or made by a member of such an organization, to prevent the loss of a
whale.
Approved December 19, 2002.
LEGISLATIVE HISTORY--H.R. 4883:
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HOUSE REPORTS: No. 107-621 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Nov. 14, considered and passed House.
Nov. 20, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Dec. 19, Presidential statement.
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