House Report 107-621 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HYDROGRAPHIC SERVICES IMPROVEMENT

[House Report 107-621]
[From the U.S. Government Publishing Office]

107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-621

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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HYDROGRAPHIC SERVICES
IMPROVEMENT

_______

July 26, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Hansen, from the Committee on Resources, submitted the following

R E P O R T

[To accompany H.R. 4883]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 4883) to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:

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. Plan regarding photogrammetry and remote sensing.
Sec. 107. 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 2008.

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.
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 I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

SEC. 101. SHORT TITLE; REFERENCES.

(a) 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:
``(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) 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.''.
(b) Acceptance and Recognition of Certifications.--Section 304(b) (33
U.S.C. 892b(b)) is amended by adding at the end the following:
``(3) Acceptance and recognition of certifications.--The
Administrator shall, to the maximum extent practicable, assure
that any international organizations and agreements to which
the United States is a party which affect hydrographic products
and nautical charts accept or recognize, respectively,
hydrographic products certified by the Administrator under this
subsection.''.
(c) Implementation of Executive Order and OMB Circular.--Section 304
(33 U.S.C. 892b) is amended by adding at the end the following:
``(f) Annual Study and Report Regarding Implementation of Executive
Order and OMB Circular.--
``(1) In general.--The Administrator shall annually conduct a
study of, and report to the panel established under section 305
regarding, steps taken to comply with section 3(d) of Executive
Order 12906 and Office of Management and Budget Circular A-16
with respect to the collection and production of new
hydrographic data and products by the Administration.
``(2) Consultation.--In carrying out the study and report,
the Administrator shall consult with the Federal Geographic
Data Committee.''.

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) 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 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. PLAN REGARDING PHOTOGRAMMETRY AND REMOTE SENSING.

(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Administrator of the National Oceanic and Atmospheric
Administration shall submit to the Congress a plan for increasing,
consistent with this title, contracting with the private sector for
photogrammetric, remote sensing, and other geospatial reference
services related to hydrographic data acquisition or hydrographic
services activities performed by the National Ocean Service. In
preparing the plan, the Administrator shall consult with private sector
entities knowledgeable in photogrammetry and remote sensing.
(b) Contents.--The plan shall include the following:
(1) An assessment of which of the photogrammetric, remote
sensing, and other geospatial reference services related to
hydrographic data acquisition or hydrographic services
activities performed by the National Ocean Service can be
performed adequately by private-sector entities.
(2) An evaluation of the relative cost-effectiveness of the
Federal Government and private-sector entities in performing
those activities.
(3) A strategy for enhancing and improving the acquisition
and contract management capabilities of the National Oceanic
and Atmospheric Administration to assist in the utilization of
private sector entities for photogrammetric, remote sensing and
other geospatial reference services related to hydrographic
data acquisition or hydrographic services activities performed
by the National Ocean Service, including--
(A) the transfer and retraining of personnel to
become contracting officer technical representatives;
(B) education in the use of contracting procedures in
accordance with section 303(b)(3) of the Hydrographic
Services Improvement Act of 1998, as amended by this
Act; and
(C) the utilization of training, education, and
acquisition and contract management capabilities of
other Federal agencies that are expert and experienced
in contracting for such services.

SEC. 107. 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;
``(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 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.
``(4) 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.
``(5) 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, $50,000,000.''.

TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS

SEC. 201. SHORT TITLE.

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.

There shall be in the National Oceanic and Atmospheric Administration
a commissioned officer corps.

SEC. 212. DEFINITIONS.

(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.
(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.

(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.

(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 on that list during
that fiscal year does not exceed the authorized number.

SEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2008.

There are authorized to be not less than 264 and not more than 299
officers on the lineal list of the commissioned corps of the National
Oceanic and Atmospheric Administration for each of fiscal years 2003
through 2008.

Subtitle B--Appointment and Promotion of Officers

SEC. 221. ORIGINAL APPOINTMENTS.

(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).

SEC. 222. PERSONNEL BOARDS.

(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. 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. 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.

(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. 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. 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.

SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

(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) Fleet Oversight and Administration of Officer Corps.--The
Secretary shall designate one position under this section which shall
be responsible for oversight of the operation of the vessel fleet 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.
(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.

SEC. 229. 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. 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) 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. 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.

SEC. 232. 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. 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. 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.

(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.
(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) 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.

(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.

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.

(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.--
(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.

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. 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. 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.

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. COOPERATION WITH AND TRANSFER TO MILITARY DEPARTMENTS.

(a) In General.--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 the Administration as the
President considers to be in the best interest of the country. After
any such transfer all expenses connected therewith shall be defrayed
out of the appropriations for the department to which the transfer is
made. Such transferred vessels, equipment, stations, and officers shall
be returned to the Administration when the national emergency ceases,
in the opinion of the President. 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) 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. 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. 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. 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 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 716, relating to transfers between the armed
forces and to and from National Oceanic and Atmospheric
Administration.
(3) Section 1035, relating to deposits of savings.
(4) Section 1036, relating to transportation and travel
allowances for escorts for dependents of members.
(5) Section 1052, relating to reimbursement for adoption
expenses.
(6) 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).
(7) Chapter 61, relating to retirement or separation for
physical disability.
(8) Chapter 69, relating to retired grade, except sections
1370, 1375, and 1376.
(9) Chapter 71, relating to computation of retired pay.
(10) Chapter 73, relating to annuities based on retired or
retainer pay.
(11) Subchapter II of chapter 75, relating to death benefits.
(12) Section 2634, relating to transportation of motor
vehicles for members on permanent change of station.
(13) Sections 2731 and 2735, relating to property loss
incident to service.
(14) Section 2771, relating to final settlement of accounts
of deceased members.
(15) 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. 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
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.

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.

(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. 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. 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 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''.

Purpose of the Bill

The purpose of H.R. 4883 is to reauthorize the Hydrographic
Services Improvement Act of 1998 and for other purposes.

Background and Need For Legislation

When the United States was founded, its economy was largely
dependent on maritime trade with Europe, and shipwrecks were an
unfortunate but common cost of doing business. In 1807,
President Thomas Jefferson recognized that safe navigation was
essential to the success of the young nation, and established
the Coast Survey to make charts of U.S. waters. Now, both U.S.
law and international treaties require the United States to
provide charts adequate to ensure safe navigation in U.S.
waters, and require most vessels operating in U.S. waters to
carry up-to-date charts of all areas in which they travel. The
National Ocean Service (NOS), one of the five line offices of
the National Oceanic and Atmospheric Administration (NOAA) of
the Department of Commerce, now carries out this
responsibility. NOS conducts hydrographic surveys of U.S.
waters; measures tides and currents in coastal areas throughout
the U.S.; establishes standard height references from which
measurements can be taken; and issues nearly a thousand regular
chart editions as well as tide and current predictions for the
entire U.S. coastline.
Accurate nautical charts and other navigational information
are still fundamental to the national transportation
infrastructure. Ninety-eight percent of U.S. foreign trade by
weight (47 percent by value) travels by ship, and shipping
cannot take place safely or efficiently without accurate and
up-to-date charts. In addition, much of the cargo that travels
through U.S. waters is oil or other hazardous material, and
inaccurate charts or incorrect tide and current measurements
can cause financial and environmental disasters. Many natural
and artificial processes continually change the shape of the
seafloor, and continual updates and improvements to charts are
necessary to prevent such accidents. A 1996 study by the
National Academy of Public Administration noted that, ``A
single oil spill resulting from an out-of-date chart could
cause damage exceeding the costs of the nautical charting
program for a decade or more.''
During the post-World War II economic boom in this country,
hydrographic surveying and nautical charting received strong
financial support. The invention of the acoustic depth sounder
in the 1940s greatly increased survey speed and accuracy over
the previous technique of casting a weighted line over the side
of the vessel at intervals. Much of the data incorporated in
present charts was collected between the 1940s and the 1970s.
Since then, however, support for the program has eroded
significantly. Funding for navigation services (in constant
1994 dollars) dropped from $94.5 million in 1979 to $47.7
million in 1994, a decrease of 50 percent. In 1971, NOAA had 11
hydrographic survey ships, most of them less than ten years
old. Today, NOAA has only three ocean-going hydrographic survey
ships, the youngest of which was built in 1968. A fourth vessel
also built in 1968 is being reactivated.
This erosion of support significantly reduced the
effectiveness of the program. In 1993, NOS identified a backlog
of 43,000 square nautical miles of ``critical areas''--that is,
areas with heavy large vessel traffic, shallow water, and
inadequate or obsolete surveys--which must be resurveyed to
ensure safe navigation. NOAA expects the backlog to be
approximately 27,965 square nautical miles by the end of the
current fiscal year. Many of these critical areas are
approaches to major ports, or heavily used inshore areas with
unstable bottom topography. The rest are large areas, primarily
in Alaska waters, which have never been surveyed with modern
equipment but have recently experienced major increases in oil
tanker, cargo carrier, and cruise ship traffic. NOAA estimated
that it would require more than 20 years at Fiscal Year 2000
funding levels to complete these critical surveys. This does
not include the additional 200-300 reports of new wrecks and
obstructions that NOAA must investigate every year. The
President requested additional funds for hydrographic surveying
in Fiscal Year 2003. Materials accompanying NOAA's Fiscal Year
2003 budget request notes the importance of updated
hydrographic data to homeland security efforts and sets a goal
of 10 years to complete surveying the remaining areas
considered critical to navigation.
This lack of updated chart data is particularly worrisome
in light of recent advances in navigation technology. Using new
Global Positioning System satellite navigation technology,
ships can determine their position with an error of only a few
meters. Older charts were drawn using less accurate positioning
systems, and shallows, rocks, wrecks or other obstructions can
be plotted as much as several hundred meters away from their
true position. If old, inaccurate data are incorporated into
new navigation systems, this mismatch between different
navigation techniques may actually increase the danger of
accidents. New, more accurate navigation systems have the
potential to greatly improve safety and efficiency, but this
cannot be realized if charts remain based on old, less precise
data.
In 1997, NOAA presented a plan for addressing the survey
backlog. The agency proposed to modernize the equipment on its
three existing survey vessels and use those vessels for the
remainder of their service lives; significantly increase
contracting with private-sector survey companies for
hydrographic data; and investigate leasing of privately-owned
survey ships and outsourcing operation of federally-owned
vessels as possible options. The equipment upgrades have been
completed, and funds have been provided to replace the RUDE,
the smallest of the NOAA's survey vessels, with a small
waterplane area twin hull vessel. Funds have also been provided
to reactivate the FAIRWEATHER, a NOAA hydrographic vessel that
was laid up due to earlier budget cuts. The agency has
increased contracting significantly, and received funds in
Fiscal Year 2002 to enter into a vessel time charter for a
hydrographic vessel.
In response to the need to modernize the U.S. hydrographic
services program, Congress adopted the Hydrographic Services
Improvement Act of 1998 (HSIA), Title III of Public Law 105-
384. NSIA authorizes NOAA to maintain sufficient equipment,
personnel, and expertise to ensure the quality of all data
incorporated into United States nautical charts and other
navigational products, and authorizes NOAA to select
hydrographic contractors under Title IX of the Federal Property
and Administrative Services Act of 1949 (the ``Brooks Act'').
The Brooks Act allows government agencies to let contracts on a
qualifications basis rather than a cost basis for certain
technical services.
The reduction in funding for NOAA navigation services
programs from the mid-1970s through the mid-1990s also crippled
tide and current measurement and prediction programs. Inthe
past, pilots entering ports have relied on tide predictions, which are
computed months in advance, to tell them how much water they are likely
to have under their keel and how strong the current is likely to be.
Since actual water levels and currents can differ significantly from
predicted values, this creates a risk of grounding if the water level
is lower than predicted, as well as a missed opportunity to move
vessels in and out of port when the water level is higher than
predicted.
A lack of funding to collect tide and current data means
that two-thirds of the data used for tidal predictions are more
than 40 years old. Since natural and artificial changes in the
shape of channels continuously affect tide and current
patterns, tide predictions for some regions are now dangerously
obsolete. In fact, NOAA has withdrawn current predictions in
some major ports. This threatens to reduce the international
competitiveness of U.S. ports, and significantly increase the
risk of accidents. Many members of the commercial shipping
industry feel that improving real-time tide and current
information should be the highest priority in modernizing U.S.
navigation services.
Many large international ports now have real-time systems
that measure water level, current, wind, and other parameters
throughout channels and maneuvering areas, and deliver this
information continuously to pilots. These systems can yield
huge improvements in port safety and efficiency. Seven U.S.
ports--New York/New Jersey, Houston/Galveston, San Francisco,
Tampa, Narragansett, Los Angeles/Long Beach, and Soo Locks in
Saulte Ste Marie, Michigan--are now equipped with such systems,
called PORTS. PORTS are being implemented in the Delaware River
and Bay and the Chesapeake Bay. Seven less comprehensive
systems are in place in other ports, and planning and
discussions are under way to expand this coverage.
Currently, NOAA is responsible for the accuracy of tide and
current data, and ensures that tide and current information
collection, analysis, and distribution procedures are
standardized throughout U.S. waters. Individual municipalities
or port authorities operate and maintain the instruments that
collect this locally applicable data. Existing NOAA policy and
direction in the Department of Commerce Appropriations Act
require the beneficiaries of real-time tide and current systems
to pay for operation and maintenance of those systems.
Federal navigational services programs yield a payoff in
both economic competitiveness, human safety, and environmental
protection. Therefore, lack of attention to these programs
reduces U.S. competitiveness and lessens the protection of
human life and the environment.
The NOAA Commissioned Officer Corps, formerly the Coast and
Geodetic Survey, is the smallest of the seven uniformed
services of the United States, and like the Public Health
Service is not military in nature. The NOAA Corps officers
serve in staff assignments throughout NOAA, and operate the
agency's ships, and aircraft. Corps officers are primary
collectors of NOAA's hydrographic data. Title II of H.R. 4883
updates and consolidates the patchwork of existing authorities
governing the Corps. The renewed authorities are entirely
organizational and include the authorized number of personnel,
appointment and promotion of officers, separation and
retirement authorities, and rights and benefits. No changes to
Corps authorities or benefits are intended by these changes.

Committee Action

H.R. 4883 was introduced on June 6, 2002, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On June 20, 2002,
the Subcommittee met to mark up the bill. Congressman Wayne
Gilchrest (R-MD) offered an amendment in the nature of a
substitute which incorporates the text of H.R. 4882, the
National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002, into the bill. It was adopted by
unanimous consent. The bill was then ordered favorably reported
to the Full Committee. On June 25, 2002, the Full Resources
Committee met to consider the bill. No further amendments were
offered and the bill as amended was then ordered favorably
reported to the House of Representatives by unanimous consent.

Section-By-Section Analysis

TITLE I--HYDROGRAPHIC SERVICES IMPROVEMENT

Section 101. Short Title; References.

The short title of Title I is the ``Hydrographic Services
Improvement Act Amendments of 2002''. Unless otherwise
indicated any amendments made in Title I are to the
Hydrographic Services Improvement Act of 2002.

Section 102. Definitions.

The HSIA directs the Secretary acquire hydrographic data
through contracts to the greatest extent practicable and cost-
effective. It also directs the Secretary to award contracts for
hydrographic data through Brooks Act procedures. The Secretary
uses this authority routinely to enter into contracts for
bathymetric surveys. However, concerns have been raised that
the Secretary has not adopted the routine use of these
contracts for other geospatial measurements. The addition of
geospatial measurements to the definitions of hydrographic data
and hydrographic services is meant to make clear the
Committee's intention that the contracting requirement in
Section 303(a)(8) and the Brooks Act provision in Section
303(b)(3) apply to contracts and subcontracts for services paid
for with Federal funds to acquire any geospatial data used to
provide hydrographic services, including the acquisition of
graphical or digital data depicting natural or man made
physical features, phenomena or boundaries of the earth and any
information related thereto, including but not limited to
surveys, maps, charts, remote sensing data and images and
aerial photographic services performed by professionals such as
surveyors, photogrammetrists, hydrographers, geodesists and
cartographers. The Committee also intends that, on vessels time
chartered under contracts paid for with Federal funds,
hydrographers that acquire hydrographic data used to provide
hydrographic services be hired used Brooks Act procedures.
Geomagnetic measurements are added to the definitions to assure
conformity with the Act of 1947.

Section 103. Functions of the Administrator.

Subsection (a) directs the Secretary of Commerce, subject
to the availability of appropriations, to not only maintain a
data quality assurance program, but to design, install maintain
and operate real-time hydrographic systems monitoring systems,
which can be either comprehensive physical oceanographic real
time systems or less comprehensive systems that meet the needs
of smaller or hydrographically complex ports.
Data collected to provide hydrographic services may also
have uses in coastal or fishery management. The Committee does
not want to divert NOAA's navigation services programs from
their primary mission, but does want to encourage the
distribution of appropriate data to coastal and fishery
managers who have a use for it. Therefore, subsection (b)
directs the Secretary to use hydrographic data to support the
conservation and management of coastal and ocean resources
where it does not interfere the promotion of safe and efficient
navigation.

Section 104. Quality Assurance Program.

HSIA authorized the Secretary of Commerce to establish a
quality assurance program to certify hydrographic products
produced by private firms. No such program has been
established. Subsection (a) directs NOAA to establish such a
program not later than two years after the date of enactment.
Subsection (b) directs NOAA, to the maximum extent practicable,
to assure that U.S. certified hydrographic products meet
international carriage requirements. Subsection (f) directs
NOAA to report annually to the Hydrographic Services Review
Panel on NOAA's compliance with Section 3(d) of Executive Order
12906 and Office of Management and Budget Circular A-16 with
respect to the collection and production of new hydrographic
data and products by NOAA.

Section 105. Hydrographic Services Review Panel.

Hydrographic services users and private sector geospatial
contractors have been vital to efforts to modernize NOAA's
navigation services program over the last eight years. They
have provided advice on the types and characteristics of
products that would useful, and technical innovations that are
available in the collection and dissemination of hydrographic
data. They have also played a crucial role in developing
support within Congress and NOAA for modernizing NOAA's
navigation services program. Section 105 establishes the
Hydrographic Services Review Panel which gives navigation
services user groups and those with expertise in geospatial
reference technologies a formal mechanism for working with the
NOAA on these issues.

Section 106. Plan Regarding Photogrammetry and Remote Sensing.

As was discussed above, concerns have been expressed that
NOAA's efforts to contract for geospatial measurements other
than hydrographic surveys have lagged behind expectations
embodied in the HSIA. Section 106 directs NOAA to submit a plan
to the appropriate Congressional committees to increasing
contracting for photogrammetric, remote sensing and other
geospatial reference services related to hydrographic data
acquisition or hydrographic services.

Section 107. Authorization of Appropriations.

Section 107 authorizes appropriations for the program under
the HSIA through Fiscal Year 2007.

TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS

Title II may be cited as ``The National Oceanic and
Atmospheric Administration Commissioned Officers Corps Act of
2002''. It updates and consolidates the patchwork of existing
authorities for governing the Corps. The renewed authorities
are entirely organizational and include the authorized number
of personnel, appointment and promotion of officers, separation
and retirement authorities, and rights and benefits.

Committee Oversight Findings and Recommendations

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.

Federal Advisory Committee Statement

The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.

Constitutional Authority Statement

Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.

Compliance With House Rule XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Hydrographic
Services Improvement Act of 1998.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 12, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4883, the
Hydrographic Services Improvement Act Amendments of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

H.R. 4883--Hydrographic Services Improvement Act Amendments of 2002

Summary: H.R. 4883 would authorize the appropriation of
$886 million over the 2003-2007 period for hydrographic
activities carried out by the National Oceanic and Atmospheric
Administration (NOAA). Such services include nautical mapping
and charting, collecting hydrographic data, maintaining a
geodetic reference system, and measuring tides and currents. Of
the amounts authorized, $50 million would be earmarked for
activities related to homeland security.
Title II of the bill would consolidate existing laws that
govern the NOAA commissioned officers corps. Such laws involve
authorized personnel levels, appointments and promotions,
separation and retirement, and rights and benefits. CBO
estimates that enacting title II would have no budgetary
impact.
Enacting H.R. 4883 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: Assuming
appropriation of the amounts authorized by H.R. 4883, CBO
estimates that NOAA would spend $811 million over the 2003-2007
period to perform ongoing hydrographic services. (An additional
$75 million of the authorized total would be spend after 2007.)
The estimated cost of the bill is summarized in the following
table. The costs of this legislation fall within budget
function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
-----------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
Spending on Hydrographic Services, Under Current Law:
Budget Authority \1\........................................ 120 0 0 0 0 0
Estimated Outlays........................................... 120 36 10 0 0 0
Proposed Changes:
Authorization Level......................................... 0 193 155 168 180 191
Estimated Outlays........................................... 0 110 150 170 185 196
Spending on Hydrographic Services, Under H.R. 4883:
Authorization Level \1\..................................... 120 193 155 168 180 191
Estimated Outlays........................................... 120 146 160 170 185 196
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year.

Basis of estimate: For each year, the proposed
authorization level is equal to the amounts specified by the
bill, including $50 million for fiscal year 2003 to enhance
this program's contributions to homeland security. The
estimated outlays are based on historical spending patterns for
hydrographic services and related activities.
CBO estimates that enacting title II would have no impact
on the federal budget. Most of the provisions of this title
involve reorganizing existing statutes. The few changes made to
existing law would not affect the cost of maintaining a
commissioned officers corps.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 4883
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimated prepared by: Federal costs: Deborah Reis; impact
on state, local, and tribal governments: Elyse Goldman; impact
on the private sector: Cecil McPherson.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Compliance with Public Law 104-4

This bill contains no unfunded mandates.

Preemption of State, Local or Tribal Law

This bill is not intended to preempt any State, local or
tribal law.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998

TITLE III--NOAA HYDROGRAPHIC SERVICES

* * * * * * *

SEC. 302. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the National Oceanic and
Atmospheric Administration.

* * * * * * *

(3) Hydrographic data.--The term ``hydrographic
data'' means information acquired through hydrographic
or bathymetric surveying, photogrammetry, geodetic,
geospatial, or geomagnetic measurements, tide and
current observations, or other methods, that is used in
providing hydrographic services.
(4) Hydrographic services.--The term ``hydrographic
services'' means--
(A) the management, maintenance,
interpretation, certification, and
dissemination of bathymetric, hydrographic,
geodetic, geospatial, geomagnetic, and tide and
current information, including the production
of nautical charts, nautical information
databases, and other products derived from
hydrographic data;

* * * * * * *

SEC. 303. FUNCTIONS OF THE ADMINISTRATOR.

(a) * * *
(b) Authorities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of
1947, and subject to the availability of appropriations, the
Administrator--
(1) * * *

* * * * * * *

[(4) may design and install where appropriate
Physical Oceanographic Real-Time Systems to enhance
navigation safety and efficiency.]
(4) shall, subject to the availability of
appropriations, design, install, maintain, and operate
real-time hydrographic monitoring systems to enhance
navigation safety and efficiency.
(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. 304. QUALITY ASSURANCE PROGRAM.

(a) * * *
(b) Program.--
[(1) In general.--The Administrator may--
[(A) 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);
[(B) authorize the use of the emblem or any
trademark of the Administration on a
hydrographic product certified under
subparagraph (A); and
[(C) charge a fee for such certification and
use.]
(1) In general.--The Administrator--
(A) 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.

* * * * * * *

(3) Acceptance and recognition of certifications.--
The Administrator shall, to the maximum extent
practicable, assure that any international
organizations and agreements to which the United States
is a party which affect hydrographic products and
nautical charts accept or recognize, respectively,
hydrographic products certified by the Administrator
under this subsection.

* * * * * * *

(f) Annual Study and Report Regarding Implementation of
Executive Order and OMB Circular.--
(1) In general.--The Administrator shall annually
conduct a study of, and report to the panel established
under section 305 regarding, steps taken to comply with
section 3(d) of Executive Order 12906 and Office of
Management and Budget Circular A-16 with respect to the
collection and production of new hydrographic data and
products by the Administration.
(2) Consultation.--In carrying out the study and
report, the Administrator shall consult with the
Federal Geographic Data Committee.

* * * * * * *

[SEC. 305. REPORTS.

[(b) Maintaining Federal Expertise in Hydrographic
Services.--
[(1) In general.--Not later than 6 months after the
date of the enactment of this Act, the Administrator
shall report to the Congress on a plan to ensure that
Federal competence and expertise in hydrographic
surveying will be maintained after the decommissioning
of the 3 existing Administration hydrographic survey
vessels.
[(2) Contents.--The report shall include--
[(A) an evaluation of the seagoing capacity,
personnel, and equipment necessary to maintain
Federal expertise in hydrographic services;
[(B) an estimated schedule for
decommissioning the 3 existing survey vessels;
[(C) a plan to maintain Federal expertise in
hydrographic services after the decommissioning
of these vessels; and
[(D) an estimate of the cost of carrying out
this plan.

[SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

[There is authorized to be appropriated to the Administrator
the following:
[(1) To carry out nautical mapping and charting
functions under the Act of 1947 and sections 303 and
304, except for conducting hydrographic surveys,
$33,000,000 for fiscal year 1999, $34,000,000 for
fiscal year 2000, and $35,000,000 for fiscal year 2001.
[(2) To conduct hydrographic surveys under section
303(a)(1), including the leasing of ships, $33,000,000
for fiscal year 1999, $35,000,000 for fiscal year 2000,
and $37,000,000 for fiscal year 2001. Of these amounts,
no more than $16,000,000 is authorized for any one
fiscal year to operate hydrographic survey vessels
owned and operated by the Administration.
[(3) To carry out geodetic functions under the Act of
1947, $25,000,000 for fiscal year 1999, $30,000,000 for
fiscal year 2000, and $30,000,000 for fiscal year 2001.
[(4) To carry out tide and current measurement
functions under the Act of 1947, $22,500,000 for each
of fiscal years 1999 through 2001. Of these amounts
$4,500,000 is authorized for each fiscal year to
implement and operate a national quality control system
for real-time tide and current and maintain the
national tide network, and $7,000,000 is authorized for
each fiscal year to design and install real-time tide
and current data measurement systems under section
303(b)(4).]

SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.

(a) 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 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. 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;
(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 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.
(4) 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.
(5) 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, $50,000,000.

* * * * * * *

----------

COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948

[SHORT TITLE

[Section 1. That this Act may be cited as the ``Coast and
Geodetic Survey Commissioned Officers' Act of 1948''.

[AUTHORIZED NUMBERS IN GRADES

[Sec. 2. (a)(1) Except as provided in paragraph (2), there
are authorized to be not less than 264 and not more than 299
commissioned officers on the active list of the National
Oceanic and Atmospheric Administration for fiscal years 1999,
2000, 2001, 2002, and 2003.
[(2) The Administrator may reduce the number of commissioned
officers on the active list below 264 if the Administrator
determines that it is appropriate, taking into consideration--
[(A) the number of billets on the fisheries,
hydrographic, and oceanographic vessels owned and
operated by the Administration;
[(B) the need of the Administration to collect high-
quality oceanographic, fisheries, and hydrographic data
and information on a continuing basis;
[(C) the need for effective and safe operation of the
Administration's fisheries, hydrographic and
oceanographic vessels;
[(D) the need for effective management of the
commissioned Corps; and
[(E) the protection of the interests of taxpayers.
[(3) At least 90 days before beginning any reduction as
described in paragraph (2), the Administrator shall provide
notice of such reduction to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Resources
of the House of Representatives.
[(b) Of the total authorized number of commissioned officers
on the active list of the Coast and Geodetic Survey, there are
authorized numbers in permanent grade, in relative rank with
officers of the Navy, in the proportion of eight in the grade
of captain, to fourteen in the grade of commander, to nineteen
in the grade of lieutenant commander, to twenty-three in the
grade of lieutenant, to eighteen in the grade of lieutenant
(junior grade), to eighteen in the grade of ensign.
[(c) Whenever a final fraction occurs in computing the
authorized number of officers in any grade, the nearest whole
number shall be taken, and if such fraction be one-half the
next higher whole number shall be taken: Provided, That the
total number of officers as authorized by law shall not be
increased as the result of the computations prescribed herein,
and if necessary the number of officers in the lowest grade
shall be reduced accordingly.
[(d) No officer shall be reduced in grade or pay or separated
from the active list as the result of any computations made to
determine the authorized number of officers in the various
grades.
[(e) Nothing in this section shall 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.
[(f) The total number of officers on active duty as
authorized by law may be temporarily exceeded provided that the
average number on active duty for the fiscal year shall not
exceed the authorized number.

[PROMOTION AND SEPARATION OF OFFICERS

[Sec. 3. Promotion to fill vacancies in all permanent grades
above that of lieutenant (junior grade) shall be made by
selection from the next lower respective grades upon
recommendation of the personnel board hereinafter provided for.
[Sec. 4. Irrespective of any vacancies, each officer in the
permanent grade of lieutenant (junior grade) and lieutenant
shall be considered by the personnel board for promotion to the
grade of lieutenant and lieutenant commander in sufficient time
so that, if found fully qualified, such officer may be promoted
to and appointed in such grade upon completion of seven and
fourteen years of service, respectively. All promotions under
this section shall be made on the date on which the required
service is completed, and the authorized number of officers in
the grade of lieutenant and lieutenant commander shall be
temporarily increased, if necessary, to authorize such
appointments: Provided, That an officer found not fully
qualified in accordance with this section may be promoted on
such later date on which he may be found fully qualified.
[Sec. 5. Irrespective of any vacancies, any officer in the
permanent grade of lieutenant commander who has completed
twenty-one years of service and any officer in the permanent
grade of commander who has completed thirty years of service
may be considered by the personnel board at any time for
promotion to the grade of commander and captain, respectively.
If selected, he may be promoted at any time and the authorized
number of officers in the grade of commander and captain shall
be temporarily increased, if necessary, to authorize such
appointments.
[Sec. 6. (a) Officers in the permanent grade of ensign shall
be promoted to and appointed in the grade of lieutenant (junior
grade) on completion of three years of service, and the
authorized number of officers in the grade of lieutenant
(junior grade) shall from time to time be temporarily increased
as necessary to authorize such appointments.
[(b) Ensigns who are found not fully qualified at any time
shall have their commissions revoked and be separated from the
commissioned service.
[Sec. 7. Each officer shall be assumed to have, for promotion
purposes, at least the same length of service as any officer
below him on the lineal list, except that an officer who has
lost numbers shall be assumed to have for promotion purposes no
greater service than the officer next above him in his new
position on the lineal list.
[Sec. 8. (a) As recommended by the personnel board--
[(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) 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 four percent of the total number of officers
authorized to be on the active list, except as otherwise
provided by law.
[(c) Any 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 of Commerce approves the
retirement or separation, except that if the officer concerned
requests earlier retirement or separation, the date shall be as
determined by the Secretary.
[Sec. 9. (a) An officer who is separated under section 8 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 of Commerce determines that the conditions under
which the officer is separated do not warrant payment of that
pay.
[(b)(1) In the case of an officer who has completed five or
more years of continuous active service immediately before that
separation, the amount of separation pay which may 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) twelve times the monthly basic pay to which the officer was
entitled at the time of separation.
[(2) In the case of an officer who has completed three but
fewer than five years of continuous active service immediately
before that separation, the amount of separation pay which may
be paid to the officer under this section is one-half of the
amount computed under paragraph (1).
[(c) In determining an officer's years of active service for
the purpose of computing separation pay under this section,
each full month of service that is in addition to the number of
full years of service creditable to the officer is counted as
one-twelfth of a year and any remaining fractional part of a
month is disregarded.
[(d) A period for which an officer has previously received
separation pay, severance pay, or readjustment pay under any
other provision of law based on service in a uniformed service
may not be included in determining the years of creditable
service that may be counted in computing the separation pay of
the officer under this section.
[(e)(1) An officer who has received separation pay under this
section, or separation pay, severance pay, or readjustment pay
under any other provision of law, based on service in a
uniformed service and who later qualifies for retired pay under
this Act shall have deducted from each payment of retired pay
so much of that pay as is based on the service for which the
officer received that separation pay, severance pay, or
readjustment pay until the total amount deducted is equal to
the total amount of separation pay, severance pay, and
readjustment pay received.
[(2) An officer who has received separation pay under this
section may not be deprived, by reason of receipt of that pay,
of any disability compensation to which the officer is entitled
under the laws administered by the Secretary of Veterans
Affairs, but there shall be deducted from that disability
compensation an amount equal to the total amount of separation
pay received, less the amount of Federal income tax withheld
from such pay (such withholding being at the flat withholding
rate for Federal income tax withholding, as in effect pursuant
to regulations prescribed under chapter 24 of the Internal
Revenue Code of 1986). Notwithstanding the preceding sentence,
no deduction may be made from disability compensation for the
amount of separation pay received because of an earlier
discharge, separation, or release from a period of active duty
if the disability which is the basis for that disability
compensation was incurred or aggravated during a later period
of active duty.
[Sec. 10. (a) Appointments in and promotions to all permanent
grades shall be made by the President, by and with the advice
and consent of the Senate.
[(b) In time of emergency declared by the President or by the
Congress, and in time of war, the President is authorized, in
his discretion, to suspend the operation of all or any part or
parts of the several provisions of law pertaining to promotion.
[Sec. 11. Nothing in this Act shall be construed to modify
the provisions of existing law relating to examination of
officers for promotion, and no officer shall be promoted until
he shall have passed the prescribed examinations.
[Sec. 12. (a) Temporary appointment in the grade of ensign
may be made by the President alone, provided such temporary
appointment will be terminated at the close of the next regular
session of the Congress unless confirmed by the Senate.
[(b) 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) When determined by the Secretary of Commerce 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.

[RETIREMENT OF OFFICERS

[Sec. 13. (a) When any commissioned officer serving in a rank
below that of rear admiral has attained the age of sixty years,
he shall be placed on the retired list: Provided, That this
subsection shall not become effective until a date six months
subsequent to the enactment of this Act, and until such
effective date the retirement age for officers serving in a
rank below that of rear admiral shall be sixty-two years.
[(b) When any officer serving in a rank above that of captain
has attained the age of sixty-two years, he shall be placed on
the retired list: Provided, That the President may, in his
discretion, defer placing any such officer on the retired list
for the length of time he deems advisable but not later than
the date upon which such officer attains the age of sixty-four
years.
[Sec. 14. When any commissioned officer has completed twenty
years of service, he may at any time thereafter, upon his own
application, in the discretion of the President, be placed on
the retired list.
[Sec. 16. (a) Each commissioned officer on the retired list
who first became a member of a uniformed service (as defined in
section 101 of title 10, United States Code) 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) Each commissioned officer on the retired list who first
became a member of a uniformed service (as defined in section
101 of title 10, United States Code) 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)(1) 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) Retired pay computed under this section, if not a
multiple of $1, shall be rounded to the next lower multiple of
$1.
[Sec. 17. (a) Each commissioned officer heretofore or
hereafter retired pursuant to any provision of law shall be
placed on the retired list with the highest rank, permanent or
temporary, held by him while on active duty, if his performance
of duty, in the case of temporary rank, has been satisfactory
as determined by the Secretary of the department or departments
under whose jurisdiction the officer served, and shall receive
retired pay based on such higher rank: Provided, That for the
purposes of this section the words ``temporary rank'' shall
mean temporary rank held prior to June 30, 1946.
[(b) Officers on the retired list returned to an inactive
status with higher rank pursuant to subsection (a) of this
section shall receive retired pay based on such higher rank.
[Sec. 18. Nothing in this Act shall prevent any officer from
being placed on the retired list with the highest rank and with
the highest retired pay to which he might be entitled under
other provision of law.

[PERSONNEL BOARD

[Sec. 19. At least once a year and at such other times as may
be necessary, the Secretary of Commerce shall appoint a
personnel board consisting of not less than five officers not
below the permanent rank of commander on the active list, to
recommend such changes in the lineal list as the board may
determine, and to make selections and recommendations for the
promotion, separation, and retirement of officers as herein
prescribed: Provided, That in case any recommendation by the
board is not acceptable to the Secretary of Commerce or to the
President, the board shall make such further recommendations as
shall be acceptable.

[AMENDMENTS TO THE REPEAL OF APPOINTMENT, PROMOTION, AND RETIREMENT
LAWS

[Sec. 21. (a) Section 5 of the Act of February 16, 1929 (45
Stat. 1186), as amended by the Act of March 18, 1936 (ch. 147,
49 Stat. 1164), is hereby further amended by deleting the word
``not'' in the third line
[(b) Section 8 of the Act of January 19, 1942 (59 Stat. 8),
is hereby amended by deleting the word ``not'' in the fourth
line, by changing the period at the end of the section to a
colon, and by adding the words ``Provided further, That any
officer, upon expiration of his appointment as Director or
Assistant Director, shall, unless reappointed, revert to the
grade and number that he would have occupied had he not served
as Director or Assistant Director. Such officer shall be an
extra number in his grade and the authorized number of ensigns
shall be decreased accordingly.''
[Sec. 22. (a) Sections 1, 2 (except the second proviso of
section 2 (b)), 3, 4, 5, and 6 of the Act of January 19, 1942
(59 Stat. 8) are hereby repealed.
[(b) The word ``physicial'' in the first line of section 7 of
the said Act of January 19, 1942, is hereby amended to read
``physical''.
[Sec. 23. (a) Original appointments may be made in grades up
to and including lieutenant after passage of a mental and
physical examination given in accordance with regulations
prescribed by the Secretary of Commerce: Provided, That the
President, under such regulations as he may prescribe, may
revoke the commission of any officer appointed under this
section during his first three years of service if he is found
not qualified for the service.
[(b) Any person appointed under authority of this section
shall be placed on the lineal list of active duty officers in a
position commensurate with his age, education, and experience
in accordance with regulations prescribed by the Secretary of
Commerce.
[(c)(1) For the purposes of basic pay any person appointed
under this section to the grade of lieutenant or lieutenant
(junior grade) shall be considered as having, on date of
appointment, three years or one and one-half years service
respectively.
[(2) If a person appointed under this section is entitled to
credit for the purpose of basic pay under other provision of
law which would exceed that authorized by subsection (c)(1) he
shall be credited with that service in lieu of the credit
provided by subsection (c)(1).
[Sec. 24. (a) The Secretary may designate positions in the
Administration as being positions of importance and
responsibility for which it is appropriate that commissioned
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, and may assign officers to those positions. One such
position shall be appointed from the officers on the active
duty promotion list serving in or above the grade of captain,
and who shall be responsible for administration of the
commissioned officers, and for oversight of the operation of
the vessel fleet, of the Administration. An officer assigned to
any position under this section 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.
[(b) The number of officers serving on active duty under
appointments under this section may not exceed--
[(1) one in the grade of vice admiral;
[(2) three in the grade of rear admiral; and
[(3) three in the grade of rear admiral (lower half).
[(c) 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.
[(d) 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.
[(e) The provisions of section 2(g) of Reorganization Plan
Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an
officer who serves in a grade above captain under an
appointment under this section in the same manner as if the
officer served in that grade under section 2(d) or 2(f) of that
Reorganization Plan.
[Sec. 25. (a) Presentation of Flag Upon Retirement.--Upon the
release of a commissioned officer from active commissioned
service for retirement, the Secretary of Commerce 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 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.]
----------

SECTION 3 OF THE ACT OF AUGUST 10, 1956

AN ACT To revise, codify, and enact into law, title 10 of the United
States Code, entitled ``Armed Forces'', and title 32 of the United
States Code, entitled ``National Guard''.

[Sec. 3. (a) The rules of law that apply to the Armed Forces
under the following provisions of title 10, Armed Forces,
United States Code, as those provisions are in effect from time
to time, apply also to the commissioned officer corps of the
National Oceanic and Atmospheric Administration:
[(1) Section 1036, Escorts for dependents of members:
transportation and travel allowances.
[(2) Chapter 61, Retirement or Separation for
Physical Disability.
[(3) Chapter 69, Retired Grade, except sections 1370,
1375, and 1376(a).
[(4) Chapter 71, Computation of Retired Pay, except
formula No. 3 of section 1401.
[(5) Chapter 73, Retired Serviceman's Family
Protection Plan; Survivor Benefit Plan.
[(6) Chapter 75, Death Benefits.
[(7) Section 2771, Final settlement of accounts:
deceased members.
[(8) Sections 2731, 2732, and 2735, property loss
incident to service.
[(9) Such other provisions of subtitle A as may be
adopted for applicability to the commissioned officer
corps of the National Oceanic and Atmospheric
Administration by any other provision of law.
[(10) Chapter 40. Leave.
[(11) Section 2634, Motor vehicles: for members on
permanent change of station.
[(12) Section 1035, Deposits of Savings.
[(13) Section 716, Commissioned officers: transfers
between armed forces and to and from National Oceanic
and Atmospheric Administration.
[(14) Section 7572(b), Quarters: accommodations in
place of for members on sea duty.
[(15) Section 1174a, 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).
[(16) Section 1052, Reimbursement for adoption
expenses.
[(17) Section 1059, Transitional compensation and
commissary and exchange benefits for dependents of
members separated for dependent abuse.
[(b) 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 National
Oceanic and Atmospheric Administration, by the Secretary of
Commerce or his designee.]
----------

ACT OF DECEMBER 31, 1970

(Public Law 91-621)

AN ACT To clarify the status and benefits of commissioned officers of
the National Oceanic and Atmospheric Administration, and for other
purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[Section 1. Definitions listed in section 101 of title 10,
United States Code, apply to this Act, except as noted below:
[(1) ``active duty'' means full-time duty in the
active service of a uniformed service;
[(2) ``Administration'' means the National Oceanic
and Atmospheric Administration;
[(3) ``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;
[(4) ``officer'' means a commissioned officer;
[(5) ``Secretary'' means the Secretary of Commerce;
[(6) ``Secretary concerned'' is defined in section
101 of title 37, United States Code;
[(7) ``uniformed services'' is defined in section 101
of title 37, United States Code.
[Sec. 2. Each officer retired pursuant to any provision of
law shall be placed on the retired list with the highest grade
satisfactorily held by him while on active duty including
active duty pursuant to recall, under permanent or temporary
appointment, and he shall receive retired pay based on such
highest grade: Provided, That his 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, unless retired for
disability, his 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. 3. (a) Active service of officers of the Administration
shall be deemed to be active military service in the armed
forces of the United States for the purposes of all rights,
privileges, immunities, and benefits now or hereafter provided
by--
[(1) laws administered by the Secretary of Veterans
Affairs;
[(2) laws administered by the Interstate Commerce
Commission; and
[(3) the Soldiers' and Sailors' Civil Relief Act of
1940, as amended.
In the administration of these laws and regulations, with
respect to the National Oceanic and Atmospheric Administration,
the authority vested in the Secretary of Defense, the Secretary
of the Army, the Secretary of the Navy, and the Secretary of
the Air Force and their respective departments shall be
exercised by the Secretary of Commerce.
[(b) 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. 4. (a) 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 men of those services.
[(b) 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) Rights extended to members of the uniformed services in
this section are extended to their widows and to such others as
are designated by the Secretary concerned.
[Sec. 5. (a) All statutes that applied to commissioned
officers of the Coast and Geodetic Survey on July 12, 1965,
shall apply to officers of the Environmental Science Services
Administration on that date and subsequent thereto, unless
amended or repealed, and service as a commissioned officer in
the Coast and Geodetic Survey shall constitute service as a
commissioned officer in the Environmental Science Services
Administration.
[(b) All statutes that applied to commissioned officers of
the Coast and Geodetic Survey on July 12, 1965, and to
commissioned officers of the Environmental Science Services
Administration subsequent to that date shall apply to officers
of the National Oceanic and Atmospheric Administration on
October 3, 1970, and subsequent thereto, unless amended or
repealed, and service as a commissioned officer in the Coast
and Geodetic Survey or the Environmental Science Services
Administration shall constitute service as a commissioned
officer in the National Oceanic and Atmospheric Administration.
[(c) The enactment of this Act does not increase or decrease
the pay or allowances of any person.
[(d) A reference to a law replaced by this Act, including a
reference in a regulation, order, or other law, is deemed to
refer to the corresponding provisions enacted by this Act.
[(e) An order, rule, or regulation in effect under a law
replaced by this Act continues in effect under the
corresponding provisions enacted by this Act until repealed,
amended, or superseded.
[(f) An inference of a legislative construction is not to be
drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of the caption or
catchline thereof.
[(g) If any provision of this Act or the application thereof
to any person or circumstances is held invalid, the remainder
of this Act and the application of such provision to other
persons or circumstances shall not be affected thereby.
[Sec. 6. (a) Title 38, United States Code, is amended as
follows:
[(1) Section 101(21)(C) of such title 38 is amended
by inserting the words ``the National Oceanic and
Atmospheric Administration or its predecessor
organization'' after ``officer of'' in the first line;
[(2) Section 101(25)(F) of such title 38 is amended
by inserting ``the National Oceanic and Atmospheric
Administration or its predecessor organization'' after
``concerning''; and
[(3) Section 3105 of such title 38 is amended by
striking ``Coast and Geodetic Survey'' and substituting
``National Oceanic and Atmospheric Administration''.
[(b) The effective date of an award by the Veterans'
Administration of disability compensation or dependency and
indemnity compensation arising from an injury or death
occurring prior to enactment of this Act and based on a claim
filed by an individual who first became eligible for veterans'
benefits by reason of the amendments made by the foregoing
subsections shall be the date following the date of his
discharge or release, or the first day of the month in which
death occurred: Provided, That application therefor is filed
within six months after the effective date of this Act.
[Sec. 7. (a) Section 216 of title II of the National Housing
Act, as amended, is amended to read as follows:

[``WAIVER OF OCCUPANCY REQUIREMENTS FOR SERVICEMEN

[``Sec. 216. The Secretary is hereby authorized to insure any
mortgage otherwise eligible for insurance under any of the
provisions of this Act without regard to any requirement that
the mortgagor be the occupant of the property at the time of
insurance, where the Secretary is satisfied that the inability
of the mortgagor to occupy the property is by reason of his
entry on active duty in a uniformed service subsequent to the
filing of an application for insurance and the mortgagor
expresses an intent to occupy the property upon his release
from active duty.''
[(b) Section 222 of title II of the National Housing Act, as
amended, is amended to read as follows:

[``MORTGAGE INSURANCE FOR SERVICEMEN

[``Sec. 222. (a) The purpose of this section is to aid in the
provision of housing accommodations for servicemen in the armed
forces of the United States Coast Guard and their families, and
servicemen in the United States National Oceanic and
Atmospheric Administration and their families by supplementing
the insurance of mortgages under section 203 of this title with
a system of mortgage insurance specially designed to assist the
financing required for the construction or purchase of
dwellings by those persons. As used in this section, as
`serviceman' means a person to whom the Secretary of Defense
(or any officer or employee designated by him), the Secretary
of Transportation (or any officer or employee designated by
him), or the Secretary of Commerce (or any officer or employee
designated by him), as the case may be, has issued a
certificate hereunder indicating that such person requires
housing, is serving on active duty in the armed forces of the
United States, in the United States Coast Guard, or in the
United States National Oceanic and Atmospheric Administration
and has served on active duty for more than two years, but a
certificate shall not be issued hereunder to any person ordered
to active duty for training purposes only. The Secretary of
Defense, the Secretary of Transportation, and the Secretary of
Commerce, respectively, are authorized to prescribe rules and
regulations governing the issuance of such certificates and may
withhold issuance of more than one such certificate to a
serviceman whenever in his discretion issuance is not justified
due to circumstances resulting from military assignment, or, in
the case of the United States Coast Guard or the United States
National Oceanic and Atmospheric Administration, other
assignment.
[``(b) To be eligible for insurance under this section a
mortgage shall--
[``(1) meet the requirements of section 203(b),
203(i), 221(d)(2), or 234(c), except as such
requirements are modified by this section;
[``(2) involve a principal obligation (including such
initial service charges, appraisal, inspection, and
other fees as the Secretary shall approve) in an amount
not to exceed $33,000, except that in the case of a
mortgage meeting the requirements of section 203(i) or
section 221(d)(2) such principal obligation shall not
exceed the maximum limits prescribed for such section;
[``(3) have a principal obligation not in excess of
the sum of (i) 97 per centum of $15,000 of the
appraised value of the property as of the date the
mortgage is accepted for insurance, (ii) 90 per centum
of such value in excess of $15,000 but not in excess of
$25,000, and (iii) 85 per centum of such value in
excess of $25,000; and
[``(4) be executed by a mortgagor who at the time of
application for insurance is certified as a
`serviceman' and who at the time of insurance is the
owner of the property and either occupies the property
or certifies that his failure to do so is the result of
his military assignment, or, in the case of the United
States Coast Guard or the United States National
Oceanic and Atmospheric Administration, other
assignment.
[``(c) The Secretary may prescribe the manner in which a
mortgage may be accepted for insurance under this section.
Premiums fixed by the Secretary under section 203 with respect
to, or payable during, the period of ownership by a serviceman
of the property involved shall not be payable by the mortgage
but shall be paid not less frequently than once each year, upon
request of the Secretary to the Secretary of Defense, the
Secretary of Transportation, or the Secretary of Commerce, as
the case may be, from the respective appropriations available
for pay and allowances of persons eligible for mortgage
insuance under this section. As used herein, `the period of
ownership by a serviceman' means the period, for which premiums
are fixed, prior to the date that the Secretary of Defense (or
any officer or employee or other person designated by him), the
Secretary of Transportation (or any officer or employee or
other person designated by him), or the Secretary of Commerce
(or any officer or employee or other person designated by him),
as the case may be, furnishes the Secretary with a
certification that such ownership (as defined by the
Secretary), has terminated.
[``(d) Any mortgage under a mortgage insured under this
section is entitled to the benefits of the insurance as
provided in section 204(a) with respect to mortgages insured
under section 203.
[``(e) The provisions of subsections (b), (c), (d), (e), (f),
(g), (h), (j), and (k) of section 204 shall apply to mortgages
insured under this section, except that as applied to those
mortgages (1) all references to the Fund, or Mutual Mortgage
Insurance Fund, shall refer to the General Insurance Fund, and
(2) all references to section 203 shall refer to this section.
[``(f) The Secretary is authorized to transfer to this
section the insurance on any mortgage covering a single-family
dwelling or a one-family unit in a condominium project insured
under this Act, if the mortgage indebtedness thereof has been
assumed by a serviceman who at the time of assumption is the
owner of the property and either occupies the property or
certifies that his failure to do so is the result of his
military assignment, or, in the case of the United States Coast
Guard or the United States National Oceanic and Atmospheric
Administration, other assignment.
[``(g) Where a serviceman dies while on active duty in the
armed forces of the United States or in the United States Coast
Guard or in the United States National Oceanic and Atmospheric
Administration, leaving a surviving widow as owner of the
property, the period of ownership by the serviceman (within the
meaning of subsection (c) of this section) shall extend for two
years beyond the date of the serviceman's death or until the
date the widow disposes of the property, whichever date occurs
first. The Secretary of Defense or the Secretary of
Transportation, or the Secretary of Commerce, as the case may
be, shall notify such widow promptly following the serviceman's
death of the additional costs to be borne by the mortgagor
following termination of the two-year period.''
[Sec. 8. All provisions of law inconsistent with this Act are
hereby repealed.]
----------

SECTION 16 OF THE ACT OF MAY 22, 1917

CHAP. 20.--An Act To temporarily increase the commissioned and warrant
and enlisted strength of the Navy and Marine Corps, and for other
purposes.

[Sec. 16. The President is authorized, whenever in his
judgment a sufficient national emergency exists, to transfer to
the service and jurisdiction of a military department such
vessels, equipment, stations, and commissioned officers of the
Environmental Science Services Administration as he may deem to
the best interest of the country, and after such transfer all
expenses connected therewith shall be defrayed out of the
appropriations for the department to which transfer is made:
Provided, That such vessels, equipment, stations, and
commissioned officers shall be returned to the Environmental
Science Services Administration when such national emergency
ceases, in the opinion of the President, and nothing in this
section shall be construed as transferring the Environmental
Science Services Administration or any of its functions from
the Department of Commerce except in time of national emergency
and to the extent herein provided: Provided further, That any
of the commissioned officers of the Environmental Science
Services Administration who may be transferred as provided in
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.
[Nothing in this Act shall reduce the total amount of pay and
allowances they were receiving at the time of transfer. Active
service of commissioned officers of the Coast and Geodetic
Survey shall be deemed to be active military service for the
purposes of all laws administered by the Secretary of Veterans
Affairs (except the Servicemen's Indemnity Act of 1951) and
section 217 of the Social Security Act, and for the purposes of
section 210 of the Social Security Act as in effect prior to
the Social Security Act Amendments of 1950.
[When serving with the Army, Navy, or Air Force, commissioned
officers of the Coast and Geodetic Survey shall rank with and
after officers of corresponding grade in the Army, Navy, or Air
Force of the same length of service in grade.
[And nothing in this Act shall be construed to affect or
alter their rates of pay and allowances when not assigned to
military duty as hereinbefore mentioned.
[The Secretary of Defense and the Secretary of Commerce shall
jointly prescribe regulations governing the duties to be
performed by the Environmental Science Services Administration
in time of war, and for the cooperation of that service with
the military departments in time of peace in preparation for
its duties in war, which regulations shall not be effective
unless approved by each of those Secretaries, and included
therein may be rules and regulations for making reports and
communications between a military department and the
Environmental Science Services Administration.]
----------

SECTION 1 OF THE ACT OF JULY 22, 1947

AN ACT To provide basic authority for the performance of certain
functions and activities of the Coast and Geodetic Survey, and for
other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled[, That the
Coast and Geodetic Survey is hereby authorized to provide, for
appropriations now or hereafter made available to the Survey,
for--
[(a) Transportation (including packing, unpacking, crating,
and uncrating) of personal and household effects of
commissioned officers who die on active duty to the official
residence of record for such officers, or, upon application by
their dependents, to such other locations as may be determined
by the Director of the Coast and Geodetic Survey or by such
person as he may designate.
[(b) Reimbursement, under regulations prescribed by the
Secretary, of commissioned officers for food, clothing,
medicines, and other supplies furnished by them for the
temporary relief of distressed persons in remote localities and
to shipwrecked persons temporarily provided for by them.]

* * * * * * *

----------

SECTION 11 OF THE ACT OF MAY 18, 1920

CHAP. 190.--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.

[Sec. 11. That in lieu of compensation now prescribed by law,
commissioned officers of the Coast and Geodetic Survey shall
receive the same pay and allowances as now are or hereafter may
be prescribed for officers of the Navy with whom they hold
relative rank as prescribed in the Act of May 22, 1917,
entitled ``An Act to temporarily increase the commissioned and
warrant and enlisted strength of the Navy and Marine Corps, and
for other purposes,'' including longevity; and all laws
relating to the retirement of commissioned officers of the Navy
shall hereafter apply to commissioned officers of the Coast and
Geodetic Survey: Provided, That hereafter longevity pay for
officers in the Army, Navy, Marine Corps, Coast Guard, Public
Health Service, and Coast and Geodetic Survey shall be based on
the total of all service in any or all of said services.]
----------

SECTION 636 OF THE FOREIGN ASSISTANCE ACT OF 1961

Sec. 636. Provisions on Uses of Funds.--(a) Appropriations
for the purposes of or pursuant to this Act (except for Part
II), allocations to any agency of the United States Government,
from other appropriations, for functions directly related to
the purposes of this Act, and funds made available for other
purposes to the agency primarily responsible for administering
part I, shall be available for:
(1) * * *
* * * * * * *
[(17) expenses in connection with travel of personnel
outside the United States, including travel expenses of
dependents (including expenses during necessary
stopovers while engaged in such travel), and
transportation of personal effects, household goods,
and automobiles of such personnel when any part of such
travel or transportation begins in one fiscal year
pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or
transportation may not be completed during the same
fiscal year, and cost of transporting automobiles to
and from a place of storage, and the cost of storing
automobiles of such personnel when it is in the public
interest or more economical to authorize storage.]
* * * * * * *
----------

SECTION 1406 OF TITLE 10, UNITED STATES CODE

Sec. 1406. Retired pay base for members who first became members before
September 8, 1980: final basic pay

(a) * * *
* * * * * * *
(g) Commissioned Corps of National Oceanic and Atmospheric
Administration.--In the case of an officer whose retired pay is
computed under [section 16 of the Coast and Geodetic Survey
Commissioned Officers' Act of 1948 (33 U.S.C. 853o)] section
305 of the National Oceanic and Atmospheric Administration
Commissioned Officers Act of 2002, the retired pay base is the
basic pay of the rank with which the officer retired.
* * * * * * *
----------

SECTION 566 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1996

SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF
COMMISSIONED CORPS OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.

(a) * * *
* * * * * * *
(c) Temporary Early Retirement Authority.--Section 4403
(other than subsection (f)) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration in the same manner and to the same
extent as that section applies to the Department of Defense.
The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps
and shall apply the provisions of that section to the
provisions of [the Coast and Geodetic Survey Commissioned
Officers' Act of 1948] the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 relating
to the retirement of members of such commissioned officer
corps.
* * * * * * *

Committee Correspondence

House of Representatives,
Committee on Resources,
Washington, DC, July 18, 2002.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: On June 26, 2002, the Committee on
Resources ordered reported with an amendment H.R. 4883, to
reauthorize the Hydrographic Services Improvement Act of 1998,
and for other purposes. In Committees, the text of H.R. 4882,
to revise and modernize the provisions of law governing the
commissioned officer corps of the National Oceanic and
Atmospheric Administration, was added as title II of H.R. 4883.
Based on my discussions with the Parliamentarian, the Committee
on Science would have some jurisdictional interest in title II
of the reported bill.
Becuase of the very few legislative days remaining in the
107th Congress, I ask that the Committee on Science not seek a
sequential referral of H.R. 4883, as amended. By foregoing this
referral, the Committee on Science does not waive any subject
matter jurisdiction over the reported text of title II nor
should this action be considered as precedent for future
actions. In addition, should a conference on this bill or a
similar Senate bill become necessary, I agree to support your
request for conferees on those matters within the Committee on
Science's jurisdiction. Finally, I would be pleased to include
my letter and your response in the bill report on H.R. 4883.
Thank you for your continued cooperation in matters under
our shared jurisdiction and I look forward to seeing H.R. 4883
on the Floor soon.
Sincerely,
James V. Hansen,
Chairman.
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House of Representatives,
Committee on Science,
Washington, DC, July 19, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for you letter of July 18,
2002 concerning H.R. 4883, a bill to reauthorize the
Hydrographic Services Improvement Act of 1998, and for other
purposes. As you state in your letter, certain of the
provisions of the bill fall within the jurisdiction of the
Committee on Science. However, realizing your desire to bring
the bill to the floor in an expeditious manner the Committee on
Science will not seek a referral on the bill.
By not seeking a referral the Committee on Science will in
no way prejudice any of its jurisdictional prerogatives.
Further, it is my understanding you will support our request
for conferees should a conference between the House and the
Senate be called on this or similar legislation. Finally, our
exchange or correspondence will be entered into the report on
H.R. 4883.
Thank you for your cooperation in this matter.
Sincerely,
Sherwood Boehlert,
Chairman.
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House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, July 25, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
Longworth House Office Building, Washington, DC.
Dear Mr. Hansen: On June 27, 2002, I sent a letter to the
Speaker with a copy to you regarding jurisdictional concerns of
the Committee on Veterans' Affairs about section 262 of H.R.
4883 (letter enclosed). The Committee on Veterans' Affairs
would strongly object to any changes to the Soldiers' and
Sailors' Civil Relief Act (SSCRA) or to laws on veterans'
benefits being made by other committees. My understanding is
that the intent of the Committee on Resources is not to make
any changes to current law, but to restate current law with
respect to coverage of commissioned officers of the National
Atmospheric and Oceanic Administration by the SSCRA and with
respect to veterans' benefits for those officers. I also
understand that the Committee on Resources acknowledges the
exclusive jurisdiction of the Committee on Veterans' Affairs
over SSCRA and veterans' benefits under House Rule X.
Upon confirmation of these understandings, the Committee
would not object to consideration of H.R. 4883 without a
sequential referral for section 262.
Sincerely,
Christopher H. Smith,
Chairman.
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House of Representatives,
Committee on Resources
Washington, DC, July 25, 2002.
Hon. Christopher H. Smith,
Chairman, Committee on Veterans' Affairs,
Cannon House Office Building, Washington, DC.
Dear Mr. Chairman: The understandings stated in your letter
of July 25, 2002, are correct. The Committee on Resources
intends for section 262 of H.R. 4883 only to restate the
current provision of title 33, United States Code, that
includes commissioned officers of the National Oceanic and
Atmospheric Administration under the coverage of the Soldiers'
and Sailors' Civil Relief Act (SSCRA) and laws administered by
the Secretary of Veterans Affairs. Section 262 would make no
change to SSCRA or veteran' benefits.
The Committee on Resources recognizes that under Rule X of
the rules of the House of Representatives the Committee on
Veterans' Affairs has exclusive jurisdiction over SSCRA and
veterans' benefits.
Thank you for agreeing to help expedite consideration of
H.R. 4883 and for the outstanding work of Kingston Smith of
your staff. I look forward to working with you for the
remainder of the 107th Congress on issues of mutual interest to
our two Committees.
Sincerely,
James V. Hansen,
Chairman.