IB
Union Calendar No. 372
107TH CONGRESS
2D SESSION
H. R. 4883
[Report No. 107–621]
To reauthorize the Hydrographic Services Improvement Act of 1998, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 2002
Mr. YOUNG of Alaska (for himself, Mr. HANSEN, Mr. GILCHREST, and Mr.
SAXTON) introduced the following bill; which was referred to the Com-
mittee on Resources
JULY 26, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 6, 2002]
A BILL
To reauthorize the Hydrographic Services Improvement Act
of 1998, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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. 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 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 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 pro-
vided, whenever in this title an amendment or repeal is ex-
pressed 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 fol-
lows:
‘‘(4) shall, subject to the availability of appro-
priations, 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 hydro-
graphic 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 Im-
provement Act Amendments of 2002, shall, sub-
ject 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 hydro-
graphic products that satisfy the standards pro-
mulgated 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 subpara-
graph (A); and
‘‘(C) may charge a fee for such certification
and use.’’.
(b) ACCEPTANCE
AND RECOGNITION
OF CERTIFI-
CATIONS.—Section 304(b) (33 U.S.C. 892b(b)) is amended
by adding at the end the following:
‘‘(3) ACCEPTANCE
AND
RECOGNITION
OF
CER-
TIFICATIONS.—The Administrator shall, to the max-
imum extent practicable, assure that any inter-
national organizations and agreements to which the
United States is a party which affect hydrographic
products and nautical charts accept or recognize, re-
spectively, hydrographic products certified by the Ad-
ministrator under this subsection.’’.
(c) IMPLEMENTATION
OF EXECUTIVE ORDER
AND
OMB CIRCULAR.—Section 304 (33 U.S.C. 892b) is amend-
ed by adding at the end the following:
‘‘(f) ANNUAL STUDY AND REPORT REGARDING IMPLE-
MENTATION OF EXECUTIVE ORDER AND OMB CIRCULAR.—
‘‘(1) IN GENERAL.—The Administrator shall an-
nually conduct a study of, and report to the panel es-
tablished 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 Administra-
tion.
‘‘(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 Improve-
ment 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 responsibil-
ities and authorities set forth in section 303 of this
Act and such other appropriate matters as the Ad-
ministrator refers to the panel for review and advice.
‘‘(2) ADMINISTRATIVE RESOURCES.—The Admin-
istrator shall make available to the panel such infor-
mation, 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 Adminis-
trator. The Director of the Joint Hydrographic
Institute and no more than 2 employees of the
National Oceanic and Atmospheric Administra-
tion 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 dis-
ciplines and fields relating to hydrographic sur-
veying, tide, current geodetic and geospatial
measurement, marine transportation, port ad-
ministration, 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 deter-
mined by the Secretary) of, any assistance under
this Act shall disclose to the panel that relation-
ship, and may not vote on any matter per-
taining 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 Adminis-
trator at the time of appointment.
‘‘(B) Any individual appointed to a partial
or full term may be reappointed for one addi-
tional full term. A voting member may serve
after the date of the expiration of the term of of-
fice for which appointed until his or her suc-
cessor has taken office.
‘‘(3) NOMINATIONS.—At least once each year, the
Secretary shall publish a notice in the Federal Reg-
ister soliciting nominations for membership on the
panel.
‘‘(4) CHAIRMAN AND VICE CHAIRMAN.—
‘‘(A) The panel shall select one voting mem-
ber to serve as the Chairman and another voting
member to serve as the Vice Chairman.
‘‘(B) The Vice Chairman shall act as Chair-
man in the absence or incapacity of the Chair-
man.
‘‘(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 perform-
ance of duties for such panel; and
‘‘(2) be reimbursed for actual and reasonable ex-
penses 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 RE-
MOTE SENSING.
(a) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act, the Administrator of the Na-
tional Oceanic and Atmospheric Administration shall sub-
mit to the Congress a plan for increasing, consistent with
this title, contracting with the private sector for photo-
grammetric, remote sensing, and other geospatial reference
services related to hydrographic data acquisition or hydro-
graphic services activities performed by the National Ocean
Service. In preparing the plan, the Administrator shall con-
sult with private sector entities knowledgeable in photo-
grammetry and remote sensing.
(b) CONTENTS.—The plan shall include the following:
(1) An assessment of which of the photo-
grammetric, remote sensing, and other geospatial ref-
erence services related to hydrographic data acquisi-
tion or hydrographic services activities performed by
the National Ocean Service can be performed ade-
quately 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 Administra-
tion to assist in the utilization of private sector enti-
ties 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 represent-
atives;
(B) education in the use of contracting pro-
cedures 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 capa-
bilities 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 Ad-
ministrator the following:
‘‘(1) To carry out nautical mapping and chart-
ing 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 char-
tering 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 geo-
detic functions, in addition to other amounts author-
ized by this section, $50,000,000.’’.
TITLE 
II—NATIONAL 
OCEANIC
AND ATMOSPHERIC ADMINIS-
TRATION COMMISSIONED OF-
FICER 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 Atmos-
pheric 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 uni-
formed 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 regu-
lation.
(3) OFFICER.—The term ‘‘officer’’ means an offi-
cer 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 ‘‘Administra-
tion’’ 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 au-
thorized number of officers on the lineal list of the commis-
sioned corps, there are authorized numbers in permanent
grade, in relative rank with officers of the Navy, in propor-
tions 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 au-
thorized 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 NUM-
BER.—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 offi-
cer 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 var-
ious 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