H. R. 4883
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To reauthorize the Hydrographic Services Improvement Act of 1998, 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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I—NOAA HYDROGRAPHIC SERVICES IMPROVEMENT
Sec. 101. Short title; references.
Sec. 102. Definitions.
Sec. 103. Functions of Administrator.
Sec. 104. Quality assurance program.
Sec. 105. Hydrographic Services Review Panel.
Sec. 106. Authorization of appropriations.
TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS
Sec. 201. Short title.
SUBTITLE A—GENERAL PROVISIONS
Sec. 211. Commissioned officer corps.
Sec. 212. Definitions.
Sec. 213. Authorized number on the active list.
Sec. 214. Strength and distribution in grade.
Sec. 215. Authorized number for fiscal years 2003 through 2005.
SUBTITLE B—APPOINTMENT AND PROMOTION OF OFFICERS
Sec. 221. Original appointments.
Sec. 222. Personnel boards.
Sec. 223. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 224. Promotion by selection to permanent grades above lieutenant (junior
grade).
Sec. 225. Length of service for promotion purposes.
Sec. 226. Appointments and promotions to permanent grades.
Sec. 227. General qualification of officers for promotion to higher permanent grade.
Sec. 228. Positions of importance and responsibility.
Sec. 229. Temporary appointments and promotions generally.
Sec. 230. Temporary appointment or advancement of commissioned officers in time
of war or national emergency.
Sec. 231. Pay and allowances; date of acceptance of promotion.
Sec. 232. Service credit as deck officer or junior engineer for promotion purposes.
Sec. 233. Suspension during war or emergency.
SUBTITLE C—SEPARATION AND RETIREMENT OF OFFICERS
Sec. 241. Involuntary retirement or separation.
Sec. 242. Separation pay.
Sec. 243. Mandatory retirement for age.
Sec. 244. Retirement for length of service.
Sec. 245. Computation of retired pay.
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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 reimburse-
ment of certain items.
Sec. 266. Presentation of United States flag upon retirement.
SUBTITLE F—REPEALS AND CONFORMING AMENDMENTS
Sec. 271. Repeals.
Sec. 272. Conforming amendments.
TITLE III—VARIOUS FISHERIES CONSERVATION REAUTHORIZATIONS
Sec. 301. Short title.
Sec. 302. Reauthorization and amendment of the Interjurisdictional Fisheries Act
of 1986.
Sec. 303. Reauthorization and amendment of the Anadromous Fish Conservation
Act.
Sec. 304. Reauthorization of the Atlantic Tunas Convention Act of 1975.
Sec. 305. Reauthorization of the Northwest Atlantic Fisheries Convention Act of
1995.
Sec. 306. Extension of deadline.
TITLE IV—MISCELLANEOUS
Sec. 401. Chesapeake Bay Office.
Sec. 402. Conveyance of NOAA laboratory in Tiburon, California.
Sec. 403. Emergency assistance for subsistence whale hunters.
TITLE I—NOAA 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 geo-
magnetic’’ 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:
H. R. 4883—3
‘‘(4) shall, subject to the availability of appropriations,
design, install, maintain, and operate real-time hydrographic
monitoring systems to enhance navigation safety and effi-
ciency.’’.
(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 enact-
ment 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 Adminis-
trator under section 303(a)(3) of this Act;
‘‘(B) may authorize the use of the emblem or any
trademark of the Administration on a hydrographic product
certified under subparagraph (A); and
‘‘(C) may charge a fee for such certification and use.’’.
SEC. 105. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 305 (33 U.S.C. 892c) is amended to read as follows:
‘‘SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.
‘‘(a) ESTABLISHMENT.—No later than 1 year after the date of
enactment of the Hydrographic Services Improvement Act Amend-
ments of 2002, the Secretary shall establish the Hydrographic Serv-
ices 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 knowl-
edge, experience, or training, are especially qualified in
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one or more of the disciplines and fields relating to hydro-
graphic 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 Sec-
retary) 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 nomina-
tions 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 Sec-
retary, 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 sub-
section (b).’’.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 306 (33 U.S.C. 892d) is amended to read as follows:
‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Administrator
the following:
‘‘(1) To carry out nautical mapping and charting functions
under sections 303 and 304 of this Act, except for conducting
hydrographic surveys—
‘‘(A) $50,000,000 for fiscal year 2003;
‘‘(B) $55,000,000 for fiscal year 2004;
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‘‘(C) $60,000,000 for fiscal year 2005;
‘‘(D) $65,000,000 for fiscal year 2006; and
‘‘(E) $70,000,000 for fiscal year 2007.
‘‘(2) To contract for hydrographic surveys under section
303(b)(1), including the leasing or time chartering of vessels—
‘‘(A) $40,000,000 for fiscal year 2003;
‘‘(B) $42,500,000 for fiscal year 2004;
‘‘(C) $45,000,000 for fiscal year 2005;
‘‘(D) $47,500,000 for fiscal year 2006; and
‘‘(E) $50,000,000 for fiscal year 2007.
‘‘(3) To operate hydrographic survey vessels owned by the
United States and operated by the Administration—
‘‘(A) $14,000,000 for fiscal year 2003;
‘‘(B) $18,000,000 for fiscal year 2004; and
‘‘(C) $21,000,000 for fiscal years 2005 through 2007.
‘‘(4) To carry out geodetic functions under this title—
‘‘(A) $27,500,000 for fiscal year 2003;
‘‘(B) $30,000,000 for fiscal year 2004;
‘‘(C) $32,500,000 for fiscal year 2005;
‘‘(D) $35,000,000 for fiscal year 2006; and
‘‘(E) $35,500,000 for fiscal year 2007.
‘‘(5) To carry out tide and current measurement functions
under this title—
‘‘(A) $25,000,000 for fiscal year 2003;
‘‘(B) $27,500,000 for fiscal year 2004;
‘‘(C) $30,000,000 for fiscal year 2005;
‘‘(D) $32,500,000 for fiscal year 2006; and
‘‘(E) $35,000,000 for fiscal year 2007.
‘‘(6) To carry out activities authorized under this title that
enhance homeland security, including electronic navigation
charts, hydrographic surveys, real time tide and current
measurements, and geodetic functions, in addition to other
amounts authorized by this section, $20,000,000.’’.
TITLE II—NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION COM-
MISSIONED 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 pro-
vided in section 101 of title 10, United States Code, apply to
the provisions of this title.
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(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 author-
ized 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
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on that list during that fiscal year does not exceed the authorized
number.
SEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH
2005.
There are authorized to be on the lineal list of the commissioned
corps of the National Oceanic and Atmospheric Administration—
(1) 270 officers for fiscal year 2003;
(2) 285 officers for fiscal year 2004; and
(3) 299 officers for fiscal year 2005.
Subtitle B—Appointment and Promotion of
Officers
SEC. 221. ORIGINAL APPOINTMENTS.
(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 Sec-
retary may prescribe by regulation.
(3) EXAMINATION.—A person may be given such an appoint-
ment only after passage of a mental and physical examination
given in accordance with regulations prescribed by the Sec-
retary.
(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 regula-
tions 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, 11⁄2 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).
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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 author-
ized 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.
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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 sub-
section (a).
(c) DIRECTOR OF NOAA CORPS AND OFFICE OF MARINE AND
AVIATION OPERATIONS.—The Secretary shall designate one position
under this section as responsible for oversight of the vessel and
aircraft fleets and for the administration of the commissioned officer
corps. That position shall be filled by an officer on the lineal
list serving in or above the grade of rear admiral (lower half).
For the specific purpose of administering the commissioned officer
corps, that position shall carry the title of Director of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps. For the specific purpose of administering the vessel and
aircraft fleets, that position shall carry the title of Director of
the Office of Marine and Aviation Operations.
(d) GRADE.—
(1) TEMPORARY APPOINTMENT TO GRADE DESIGNATED FOR
POSITION.—An officer assigned to a position under this section
while so serving has the grade designated for that position,
if appointed to that grade by the President, by and with the
advice and consent of the Senate.
(2) REVERSION TO PERMANENT GRADE.—An officer who has
served in a grade above captain, upon termination of the offi-
cer’s assignment to the position for which that appointment
was made, shall, unless appointed or assigned to another posi-
tion 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.
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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 appoint-
ment 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 COMMIS-
SIONED OFFICERS IN TIME OF WAR OR NATIONAL EMER-
GENCY.
(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 Administra-
tion 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 tem-
porary 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 PRO-
MOTION.
(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 pro-
motion 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.
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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 com-
mander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant com-
mander, 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 separa-
tion 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.