H. R. 4883—12
(2) THREE TO SIX YEARS.—In the case of an officer who
has completed three or more but fewer than six years of contin-
uous 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 Presi-
dent 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) 21⁄2 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 SEP-
TEMBER 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.—
H. R. 4883—13
(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 RETIRE-
MENT.
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 DEPART-
MENTS.
(a) TRANSFERS OF RESOURCES AND OFFICERS DURING NATIONAL
EMERGENCY.—
(1) TRANSFERS AUTHORIZED.—The President may, whenever
in the judgment of the President a sufficient national emergency
exists, transfer to the service and jurisdiction of a military
department such vessels, equipment, stations, and officers of
H. R. 4883—14
the Administration as the President considers to be in the
best interest of the country.
(2) 
RESPONSIBILITY
FOR
FUNDING
OF
TRANSFERRED
RESOURCES AND OFFICERS.—After any such transfer all expenses
connected therewith shall be defrayed out of the appropriations
for the department to which the transfer is made.
(3) RETURN OF TRANSFERRED RESOURCES AND OFFICERS.—
Such transferred vessels, equipment, stations, and officers shall
be returned to the Administration when the national emergency
ceases, in the opinion of the President.
(4) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed as transferring the Administration or any of its
functions from the Department of Commerce except in time
of national emergency and to the extent provided in this section.
(b) LIMITATION ON TRANSFER OF OFFICERS.—This section does
not authorize the transfer of an officer of the Administration to
a military department if the accession or retention of that officer
in that military department is otherwise not authorized by law.
(c) STATUS
OF TRANSFERRED OFFICERS.—An officer of the
Administration transferred under this section, shall, while under
the jurisdiction of a military department, have proper military
status and shall be subject to the laws, regulations, and orders
for the government of the Army, Navy, or Air Force, as the case
may be, insofar as the same may be applicable to persons whose
retention permanently in the military service of the United States
is not contemplated by law.
SEC. 252. 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 cor-
responding 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 MILI-
TARY 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 Administra-
tion 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
H. R. 4883—15
of title 10, United States Code, as those provisions are in effect
from time to time, apply also to the commissioned officer corps
of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed
forces and to and from National Oceanic and Atmospheric
Administration.
(4) Section 1035, relating to deposits of savings.
(5) Section 1036, relating to transportation and travel
allowances for escorts for dependents of members.
(6) Section 1052, relating to reimbursement for adoption
expenses.
(7) Section 1174a, relating to special separation benefits
(except that benefits under subsection (b)(2)(B) of such section
are subject to the availability of appropriations for such purpose
and are provided at the discretion of the Secretary of Com-
merce).
(8) Chapter 61, relating to retirement or separation for
physical disability.
(9) Chapter 69, relating to retired grade, except sections
1370, 1375, and 1376.
(10) Chapter 71, relating to computation of retired pay.
(11) Chapter 73, relating to annuities based on retired
or retainer pay.
(12) Subchapter II of chapter 75, relating to death benefits.
(13) Section 2634, relating to transportation of motor
vehicles for members on permanent change of station.
(14) Sections 2731 and 2735, relating to property loss
incident to service.
(15) Section 2771, relating to final settlement of accounts
of deceased members.
(16) Such other provisions of subtitle A of that title as
may be adopted for applicability to the commissioned officer
corps of the National Oceanic and Atmospheric Administration
by any other provision of law.
(b) REFERENCES.—The authority vested by title 10, United
States Code, in the ‘‘military departments’’, ‘‘the Secretary con-
cerned’’, 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 CER-
TAIN 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 fol-
lowing:
(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