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 pur-
poses.
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, immuni-
ties, 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 reim-
bursement 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 Conserva-
tion 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 consid-
ered to be made to a section or other provision of the Hy-
drographic 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.—Sec-
tion 303(b)(4) (33 U.S.C. 892a(b)(4)) is amended to read
as follows:
‘‘(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
Improvement Act Amendments of 2002, shall,
subject to the availability of appropriations, de-
velop and implement a quality assurance pro-
gram that is equally available to all applicants,
under which the Administrator may certify hy-
drographic 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 subpara-
graph (A); and
‘‘(C) may charge a fee for such certifi-
cation 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 Im-
provement 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 Ad-
ministrator 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 Admin-
istrator. The Director of the Joint Hydro-
graphic Institute and no more than 2 employees
of the National Oceanic and Atmospheric Ad-
ministration appointed by the Administrator
shall serve as nonvoting members of the panel.
The voting members of the panel shall be indi-
viduals who, by reason of knowledge, experi-
ence, 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 transpor-
tation, 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 indi-
vidual 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
relationship, and may not vote on any matter
pertaining to that assistance.
‘‘(2) TERMS.—
‘‘(A) The term of office of a voting mem-
ber 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 ap-
pointed 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 addi-
tional 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 suc-
cessor 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 perform-
ance of duties for such panel; and
‘‘(2) be reimbursed for actual and reasonable
expenses incurred in the performance of such duties.
‘‘(e) MEETINGS.—The panel shall meet on a biannual
basis and, at any other time, at the call of the Chairman
or upon the request of a majority of the voting members
or of the Secretary.
‘‘(f) POWERS.—The panel may exercise such powers
as are reasonably necessary in order to carry out its duties
under subsection (b).’’.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 306 (33 U.S.C. 892d) is amended to read as
follows:
‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the 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 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 measure-
ment 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 geo-
detic functions, in addition to other amounts author-
ized by this section, $20,000,000.’’.
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 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 ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric
Administration.
SEC. 213. AUTHORIZED NUMBER ON THE ACTIVE LIST.
(a) ANNUAL STRENGTH ON ACTIVE LIST.—The an-
nual strength of the commissioned corps in officers on the
lineal list of active duty officers of the corps shall be pre-
scribed 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 com-
missioned corps, there are authorized numbers in perma-
nent 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 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
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 NUM-
BERS.—Nothing in this section may be construed as re-
quiring the filling of any vacancy or as prohibiting addi-
tional 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 2005.
There are authorized to be on the lineal list of the
commissioned corps of the National Oceanic and Atmos-
pheric 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 pre-
scribed 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 sec-
tion 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 serv-
ice if the officer is found not qualified for the serv-
ice. 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 com-
mensurate with that person’s age, education, and experi-
ence, in accordance with regulations prescribed by the Sec-
retary.
(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).
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 ACCEPT-
ABLE.—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 LIEUTEN-
ANT (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 en-
sign is at any time found not fully qualified, the officer’s
commission shall be revoked and the officer shall be sepa-
rated 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 recommenda-
tion of the personnel board.
SEC. 225. LENGTH OF SERVICE FOR PROMOTION PUR-
POSES.
(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 PERMA-
NENT 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 satis-
factory mental and physical examination in accordance
with regulations prescribed by the Secretary.
SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSI-
BILITY.
(a) DESIGNATION
OF POSITIONS.—The Secretary
may designate positions in the Administration as being po-
sitions of importance and responsibility for which it is ap-
propriate 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 PO-
SITIONS.—The Secretary may assign officers to positions
designated under subsection (a).
(c) DIRECTOR OF NOAA CORPS AND OFFICE OF MA-
RINE 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 po-
sition 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 of-
ficer 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 DES-
IGNATED 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 offi-
cers 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 Sec-
retary 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 pro-
motion 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 jurisdic-
tion of a military department under section 251.
(3) Temporary appointments may be made in
all grades to which original appointments in the Ad-
ministration are authorized, except that the number
of officers holding temporary appointments may not
exceed the number of officers transferred to a mili-
tary department under section 251.
SEC. 231. PAY AND ALLOWANCES; DATE OF ACCEPTANCE
OF PROMOTION.
(a) ACCEPTANCE AND DATE OF PROMOTION.—An of-
ficer of the commissioned corps who is promoted to a high-
er 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 en-
titled under another provision of law to receive the
pay and allowances of the higher grade from an ear-
lier 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 au-
thorized, in the President’s discretion, to suspend the op-
eration of all or any part of the provisions of law per-
taining to promotion of commissioned officers of the Ad-
ministration.
Subtitle C—Separation and
Retirement of Officers
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.
(a) TRANSFER OF OFFICERS TO RETIRED LIST; SEP-
ARATION FROM SERVICE.—As recommended by a per-
sonnel 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 lieu-
tenant 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 per-
cent 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 SEPA-
RATIONS.—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 con-
cerned 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 com-
pleted more than three years of continuous active service
immediately before that separation is entitled to separa-
tion pay computed under subsection (b) unless the Sec-
retary determines that the conditions under which the offi-
cer is separated do not warrant payment of that pay.
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 be-
comes 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 offi-
cer, 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 Sep-
tember 8, 1980, shall receive retired pay at the rate deter-
mined by multiplying—
(1) the retired pay base determined under sec-
tion 1406(g) of title 10, United States Code; by
(2) 21⁄2 percent of the number of years of serv-
ice 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 sec-
tion 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 sub-
section (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 ap-
pointment, 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 retir-
ing 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 commis-
sioned 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 MILI-
TARY DEPARTMENTS.
(a) TRANSFERS OF RESOURCES AND OFFICERS DUR-
ING 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 the
Administration as the President considers to be in
the best interest of the country.
(2) RESPONSIBILITY FOR FUNDING OF TRANS-
FERRED
RESOURCES
AND
OFFICERS.—After any
such transfer all expenses connected therewith shall
be defrayed out of the appropriations for the depart-
ment to which the transfer is made.
(3) RETURN
OF
TRANSFERRED
RESOURCES
AND
OFFICERS.—Such transferred vessels, equip-
ment, 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 Ad-
ministration or any of its functions from the Depart-
ment of Commerce except in time of national emer-
gency 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 offi-
cer of the Administration transferred under this section,
shall, while under the jurisdiction of a military depart-
ment, 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 of-
ficers 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 offi-
cer’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 Admin-
istration 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 Sec-
retaries.
(c) COMMUNICATIONS.—Regulations under sub-
section (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 Admin-
istration:
(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 sav-
ings.
(5) Section 1036, relating to transportation and
travel allowances for escorts for dependents of mem-
bers.
(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 avail-
ability of appropriations for such purpose and are
provided at the discretion of the Secretary of Com-
merce).
(8) Chapter 61, relating to retirement or sepa-
ration for physical disability.
(9) Chapter 69, relating to retired grade, except
sections 1370, 1375, and 1376.
(10) Chapter 71, relating to computation of re-
tired 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 prop-
erty 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 com-
missioned 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 serv-
ice for the purposes of all rights, privileges, immunities,
and benefits under the following:
(1) Laws administered by the Secretary of Vet-
erans 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 administra-
tion of the laws and regulations referred to in subsection
(a), with respect to the Administration, the authority vest-
ed 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 Ad-
ministration entitled to that care by law or regulation.
SEC. 264. COMMISSARY PRIVILEGES.
(a) EXTENSION OF PRIVILEGE.—Commissioned offi-
cers, ships’ officers, and members of crews of vessels of
the Administration shall be permitted to purchase com-
missary 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 ra-
tion supplies for messes, stores, uniforms, accouterments,
and related equipment for sale aboard ship and shore sta-
tions 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 pre-
scribed 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 (in-
cluding packing, unpacking, crating, and uncrating) of
personal and household effects of that officer to the offi-
cial residence of record of that officer. However, upon ap-
plication by the dependents of such an officer, such trans-
portation 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 PER-
SONS.—Under regulations prescribed by the Secretary, ap-
propriations 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 per-
sons 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
AUTHOR-
IZED.—An officer is not eligible for presentation of a flag
under subsection (a) if the officer has previously been pre-
sented 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 Commis-
sioned 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 en-
listed 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 Assist-
ance 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 Sur-
vey Commissioned Officers’ Act of 1948’’ and inserting
‘‘the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002’’.
TITLE III—VARIOUS FISHERIES
CONSERVATION 
REAUTHOR-
IZATIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Fisheries Conservation
Act of 2002’’.
SEC. 302. REAUTHORIZATION AND AMENDMENT OF THE
INTERJURISDICTIONAL FISHERIES ACT OF
1986.
(a) REAUTHORIZATION.—Section 308 of the Inter-
jurisdictional Fisheries Act of 1986 (16 U.S.C. 4107) is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) GENERAL APPROPRIATIONS.—There are author-
ized to be appropriated to the Department of Commerce
for apportionment to carry out the purposes of this title—
‘‘(1) $5,400,000 for each of fiscal years 2003
and 2004; and
‘‘(2) $5,900,000 for each of fiscal years 2005
and 2006.’’; and
(2) in subsection (c) by striking ‘‘$700,000 for
fiscal year 1997, and $750,000 for each of the fiscal
years 1998, 1999, and 2000’’ and inserting
‘‘$850,000 for each of fiscal years 2003 and 2004,
and $900,000 for each of fiscal years 2005 and
2006’’.
(b) PURPOSES OF THE INTERJURISDICTIONAL FISH-
ERIES ACT OF 1986.—Section 302 of the Interjurisdic-
tional Fisheries Act of 1986 (16 U.S.C. 4101) is amended
by striking ‘‘and’’ after the semicolon at the end of para-
graph (1), striking the period at the end of paragraph (2)
and inserting ‘‘; and’’, and adding at the end the following:
‘‘(3) to promote and encourage research in
preparation for the implementation of the use of eco-
systems and interspecies approaches to the conserva-
tion and management of interjurisdictional fishery
resources throughout their range.’’.
SEC. 303. REAUTHORIZATION AND AMENDMENT OF THE
ANADROMOUS FISH CONSERVATION ACT.
(a) REAUTHORIZATION.—Section 4 of the Anad-
romous Fish Conservation Act (16 U.S.C. 757d) is
amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 4. (a)(1) There are authorized to be appro-
priated to carry out the purposes of this Act not to exceed
the following sums:
‘‘(A) $4,750,000 for each of fiscal years 2003
and 2004; and
‘‘(B) $5,000,000 for each of fiscal years 2005
and 2006.
‘‘(2) Sums appropriated under this subsection are au-
thorized to remain available until expended.
‘‘(b) Not more than $625,000 of the funds appro-
priated under this section in any one fiscal year shall be
obligated in any one State.’’.
(b) RESEARCH ON AND USE OF ECOSYSTEMS AND
INTERSPECIES
APPROACHES
TO
CONSERVATION
AND
MANAGEMENT.—The first section of the Anadromous
Fish Conservation Act (16 U.S.C. 757a) is amended in
subsection (b) by inserting ‘‘(1)’’ after ‘‘(b)’’, and by add-
ing at the end the following:
‘‘(2) In carrying out responsibilities under this sec-
tion, the Secretary shall conduct, promote, and encourage
research in preparation for the implementation of the use
of ecosystems and interspecies approaches to the conserva-
tion and management of anadromous and Great Lakes
fishery resources.’’.
SEC. 304. REAUTHORIZATION OF THE ATLANTIC TUNAS
CONVENTION ACT OF 1975.
Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10. (a) IN GENERAL.—There are authorized
to be appropriated to carry out this Act, including use for
payment of the United States share of the joint expenses
of the Commission as provided in Article X of the Conven-
tion, the following sums:
‘‘(1) For each of fiscal years 2003 and 2004,
$5,480,000.
‘‘(2) For each of fiscal years 2005 and 2006,
$5,495,000.
‘‘(b) ALLOCATION.—Of amounts available under this
section for each fiscal year—
‘‘(1) $150,000 are authorized for the advisory
committee established under section 4 and the spe-
cies working groups established under section 4A;
and
‘‘(2) $4,240,000 are authorized for research ac-
tivities under this Act and the Act of September 4,
1980 (16 U.S.C. 971i).’’.
SEC. 305. REAUTHORIZATION OF THE NORTHWEST ATLAN-
TIC FISHERIES CONVENTION ACT OF 1995.
Section 211 of the Northwest Atlantic Fisheries Con-
vention Act of 1995 (16 U.S.C. 5610) is amended by strik-
ing ‘‘2001’’ and inserting ‘‘2006’’.
SEC. 306. EXTENSION OF DEADLINE.
(a) EXTENSION OF DEADLINE.—The Oceans Act of
2000 (Public Law 106–256) is amended—
(1) in section 3(i) (114 Stat. 648) by striking
‘‘30 days’’ and inserting ‘‘90 days’’; and
(2) in section 4(a) (114 Stat. 648; 33 U.S.C.
857–19 note) by striking ‘‘120 days’’ and inserting
‘‘90 days’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
3(j) of such Act (114 Stat. 648) is amended by striking
‘‘$6,000,000’’ and inserting ‘‘$8,500,000’’.
(c) TECHNICAL CORRECTIONS.—Section 3(e) of such
Act (114 Stat. 646) is amended—
(1) in paragraph (1) by striking the colon in
the third sentence and inserting a period;
(2) by inserting immediately after such period
the following:
‘‘(2) NOTICE; MINUTES; PUBLIC AVAILABILITY
OF DOCUMENTS.—’’; and
(3) by redesignating the subsequent paragraphs
in order as paragraphs (3) and (4), respectively.
TITLE IV—MISCELLANEOUS
SEC. 401. CHESAPEAKE BAY OFFICE.
(a) REAUTHORIZATION OF OFFICE.—Section 307 of
the National Oceanic and Atmospheric Administration Au-
thorization Act of 1992 (15 U.S.C. 1511d) is amended
to read as follows:
‘‘SEC. 307. CHESAPEAKE BAY OFFICE.
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Com-
merce shall establish, within the National Oceanic and At-
mospheric Administration, an office to be known as the
Chesapeake Bay Office (in this section referred to as the
‘Office’).
‘‘(2) The Office shall be headed by a Director who
shall be appointed by the Secretary of Commerce, in con-
sultation with the Chesapeake Executive Council. Any in-
dividual appointed as Director shall have knowledge and
experience in research or resource management efforts in
the Chesapeake Bay.
‘‘(3) The Director may appoint such additional per-
sonnel for the Office as the Director determines necessary
to carry out this section.
‘‘(b) FUNCTIONS.—The Office, in consultation with
the Chesapeake Executive Council, shall—
‘‘(1) provide technical assistance to the Admin-
istrator, to other Federal departments and agencies,
and to State and local government agencies in—
‘‘(A) assessing the processes that shape
the Chesapeake Bay system and affect its living
resources;
‘‘(B) identifying technical and management
alternatives for the restoration and protection
of living resources and the habitats they depend
upon; and
‘‘(C) monitoring the implementation and
effectiveness of management plans;
‘‘(2) develop and implement a strategy for the
National Oceanic and Atmospheric Administration
that integrates the science, research, monitoring,
data collection, regulatory, and management respon-
sibilities of the Secretary of Commerce in such a
manner as to assist the cooperative, intergovern-
mental Chesapeake Bay Program to meet the com-
mitments of the Chesapeake Bay Agreement;
‘‘(3) coordinate the programs and activities of
the various organizations within the National Oce-
anic and Atmospheric Administration, the Chesa-
peake Bay Regional Sea Grant Programs, and the
Chesapeake Bay units of the National Estuarine Re-
search Reserve System, including—
‘‘(A) programs and activities in—
‘‘(i) coastal and estuarine research,
monitoring, and assessment;
‘‘(ii) fisheries research and stock as-
sessments;
‘‘(iii) data management;
‘‘(iv) remote sensing;
‘‘(v) coastal management;
‘‘(vi) habitat conservation and restora-
tion; and
‘‘(vii) atmospheric deposition; and
‘‘(B) programs and activities of the Coop-
erative Oxford Laboratory of the National
Ocean Service with respect to—
‘‘(i) nonindigenous species;
‘‘(ii) estuarine and marine species pa-
thology;
‘‘(iii) human pathogens in estuarine
and marine environments; and
‘‘(iv) ecosystem health;
‘‘(4) coordinate the activities of the National
Oceanic and Atmospheric Administration with the
activities of the Environmental Protection Agency
and other Federal, State, and local agencies;
‘‘(5) establish an effective mechanism which
shall ensure that projects have undergone appro-
priate peer review and provide other appropriate
means to determine that projects have acceptable
scientific and technical merit for the purpose of
achieving maximum utilization of available funds
and resources to benefit the Chesapeake Bay area;
‘‘(6) remain cognizant of ongoing research,
monitoring, and management projects and assist in
the dissemination of the results and findings of
those projects; and
‘‘(7) submit a biennial report to the Congress
and the Secretary of Commerce with respect to the
activities of the Office and on the progress made in
protecting and restoring the living resources and
habitat of the Chesapeake Bay, which report shall
include an action plan consisting of—
‘‘(A) a list of recommended research, moni-
toring, and data collection activities necessary
to continue implementation of the strategy de-
scribed in paragraph (2); and
‘‘(B) proposals for—
‘‘(i) continuing any new National Oce-
anic and Atmospheric Administration ac-
tivities in the Chesapeake Bay; and
‘‘(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the
commitments of the Chesapeake 2000
agreement and subsequent agreements.
‘‘(c) CHESAPEAKE BAY FISHERY AND HABITAT RES-
TORATION SMALL WATERSHED GRANTS PROGRAM.—
‘‘(1) IN GENERAL.—The Director of the Chesa-
peake Bay Office of the National Oceanic and At-
mospheric Administration (in this section referred to
as the ‘Director’), in cooperation with the Chesa-
peake Executive Council, shall carry out a commu-
nity-based fishery and habitat restoration small
grants and technical assistance program in the
Chesapeake Bay watershed.
‘‘(2) PROJECTS.—
‘‘(A) SUPPORT.—The Director shall make
grants under this subsection to pay the Federal
share of the cost of projects that are carried
out by entities eligible under paragraph (3) for
the restoration of fisheries and habitats in the
Chesapeake Bay.
‘‘(B) 
FEDERAL
SHARE.—The 
Federal
share under subparagraph (A) shall not exceed
75 percent.
‘‘(C) TYPES OF PROJECTS.—Projects for
which grants may be made under this sub-
section include—
‘‘(i) the improvement of fish passage-
ways;
‘‘(ii) the creation of natural or artifi-
cial reefs or substrata for habitats;
‘‘(iii) the restoration of wetland or sea
grass;
‘‘(iv) the production of oysters for res-
toration projects; and
‘‘(v) the prevention, identification, and
control of nonindigenous species.
‘‘(3) ELIGIBLE ENTITIES.—The following enti-
ties are eligible to receive grants under this sub-
section:
‘‘(A) The government of a political subdivi-
sion of a State in the Chesapeake Bay water-
shed, and the government of the District of Co-
lumbia.
‘‘(B) An organization in the Chesapeake
Bay watershed (such as an educational institu-
tion or a community organization)—
‘‘(i) that is described in section 501(c)
of the Internal Revenue Code of 1986 and
is exempt from taxation under section
501(a) of that Code; and
‘‘(ii) that will administer such grants
in coordination with a government referred
to in subparagraph (A).
‘‘(4) ADDITIONAL REQUIREMENTS.—The Direc-
tor may prescribe any additional requirements, in-
cluding procedures, that the Director considers nec-
essary to carry out the program under this sub-
section.
‘‘(d) CHESAPEAKE EXECUTIVE COUNCIL.—For pur-
poses of this section, ‘Chesapeake Executive Council’
means the representatives from the Commonwealth of Vir-
ginia, the State of Maryland, the Commonwealth of Penn-
sylvania, the Environmental Protection Agency, the Dis-
trict of Columbia, and the Chesapeake Bay Commission,
who are signatories to the Chesapeake Bay Agreement,
and any future signatories to that Agreement.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Department of
Commerce for the Chesapeake Bay Office $6,000,000 for
each of fiscal years 2002 through 2006.’’.
(b) CONFORMING AMENDMENT.—Section 2 of the
National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98–
210; 97 Stat. 1409) is amended by striking subsection (e).
(c) MULTIPLE SPECIES MANAGEMENT STRATEGY.—
(1) IN
GENERAL.—Not later than 180 days
after the date of enactment of this Act, the Director
of the Chesapeake Bay Office of the National Oce-
anic and Atmospheric Administration shall begin a
5-year study, in cooperation with the scientific com-
munity of the Chesapeake Bay, appropriate State
and interstate resource management entities, and
appropriate Federal agencies—
(A) to determine and expand the under-
standing of the role and response of living re-
sources in the Chesapeake Bay ecosystem; and
(B) to develop a multiple species manage-
ment strategy for the Chesapeake Bay.
(2) REQUIRED ELEMENTS OF STUDY.—In order
to improve the understanding necessary for the de-
velopment of the strategy under paragraph (1)(B),
the study shall—
(A) determine the current status and
trends of fish and shellfish that live in the
Chesapeake Bay and its tributaries and are se-
lected for study;
(B) evaluate and assess interactions among
the fish and shellfish referred to in subpara-
graph (A) and other living resources, with par-
ticular attention to the impact of changes with-
in and among trophic levels; and
(C) recommend management actions to op-
timize the return of a healthy and balanced eco-
system for the Chesapeake Bay.
SEC. 
402. 
CONVEYANCE 
OF 
NOAA 
LABORATORY 
IN
TIBURON, CALIFORNIA.
(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary of Commerce shall convey to the Board
of Trustees of the California State University, by suitable
instrument, in accordance with this section, by as soon
as practicable, but not later than 180 days after the date
of the enactment of this Act, and without consideration,
all right, title, and interest of the United States in the
balance of the National Oceanic and Atmospheric Admin-
istration property known as the Tiburon Laboratory, lo-
cated in Tiburon, California, as described in Exhibit A of
the notarized, revocable license between the Administra-
tion and Romberg Tiburon Center for Environmental
Studies at San Francisco State University dated Novem-
ber 5, 2001 (license number 01ABF779–N).
(b) CONDITIONS.—As a condition of any conveyance
by the Secretary under this section the Secretary shall re-
quire the following:
(1) The property conveyed shall be adminis-
tered by the Romberg Tiburon Center for Environ-
mental Studies at San Francisco State University
and used only for the following purposes:
(A) To enhance estuarine scientific re-
search and estuary restoration activities within
San Francisco Bay.
(B) To administer and coordinate manage-
ment activities at the San Francisco Bay Na-
tional Estuarine Research Reserve.
(C) To conduct education and interpreta-
tion and outreach activities to enhance public
awareness and appreciation of estuary re-
sources, and for other purposes.
(2) The Board shall—
(A) take title to the property as is;
(B) assume full responsibility for all facil-
ity maintenance and repair, security, fire pre-
vention, utilities, signs, and grounds mainte-
nance;
(C) allow the Secretary to have all nec-
essary ingress and egress over the property of
the Board to access Department of Commerce
building and related facilities, equipment, im-
provements, modifications, and alterations; and
(D) not erect or allow to be erected any
structure or structures or obstruction of what-
ever kind that will interfere with the access to
or operation of property retained for the United
States under subsection (c)(1), unless prior
written consent has been provided by the Sec-
retary to the Board.
(c) RETAINED INTERESTS.—The Secretary shall re-
tain for the United States—
(1) all right, title, and interest in and to the
portion of the property referred to in subsection (a)
comprising Building 86, identified as Parcel C on
Exhibit A of the license referred to in subsection (a),
including all facilities, equipment, fixtures, improve-
ments, modifications, or alterations made by the
Secretary;
(2) rights-of-way and easements that are deter-
mined by the Secretary to be reasonable and conven-
ient to ensure all necessary ingress, egress, utilities,
drainage, and sewage disposal for the property re-
tained under paragraph (1), including access to the
existing boat launch ramp (or equivalent) and park-
ing that is suitable to the Secretary;
(3) the exclusive right to install, maintain, re-
pair, replace, and remove its facilities, fixtures, and
equipment on the retained property, and to author-
ize other persons to take any such action;
(4) the right to grade, condition, and install
drainage facilities, and to seed soil on the retained
property, if necessary; and
(5) the right to remove all obstructions from
the retained property that may constitute a hin-
drance to the establishment and maintenance of the
retained property.
(d) EQUIVALENT ALTERNATIVE.—
(1) IN GENERAL.—At any time, either the Sec-
retary or the Board may request of each other to
enter into negotiations pursuant to which the Board
may convey if appropriate to the United States, in
exchange for property conveyed by the United States
under subsection (a), another building that is equiv-
alent in function to the property retained under sub-
section (c) that is acceptable to the Secretary.
(2) LOCATION.—Property conveyed by the
Board under this subsection is not required to be lo-
cated on the property referred to in subsection (a).
(3) COSTS.—If the Secretary and the Board en-
gage in a property exchange under this subsection,
all costs for repair, removal, and moving of facilities,
equipment, fixtures, improvements, modifications, or
alterations, including power, control, and utilities,
that are necessary for the exchange—
(A) shall be the responsibility of the Sec-
retary, if the action to seek an equivalent alter-
native was requested by the Secretary in re-
sponse to factors unrelated to the activities of
the Board or its operatives in the operation of
its facilities; or
(B) shall be the responsibility of the
Board, if the Secretary’s request for an equiva-
lent alternative was in response to changes or
modifications made by the Board or its
operatives that adversely affected the Sec-
retary’s interest in the property retained under
subsection (c).
(e) ADDITIONAL CONDITIONS.—As conditions of any
conveyance under subsection (a)—
(1) the Secretary shall require that—
(A) the Board remediate, or have remedi-
ated, at its sole cost, all hazardous or toxic sub-
stance contamination found on the property
conveyed under subsection (a), whether known
or unknown at the time of the conveyance or
later discovered; and
(B) the Board of Trustees hold harmless
the Secretary for any and all costs, liabilities, or
claims by third parties that arise out of any
hazardous or toxic substance contamination
found on the property conveyed under sub-
section (a) that are not directly attributable to
the installation, operation, or maintenance of
ations to the Board in lieu of restoration,
whereupon title shall vest in the Board of
Trustees, and whereby all obligations of res-
toration under this subsection shall be waived,
and all interests retained under subsection (c)
shall be revoked.
(f) REVERSIONARY INTEREST.—
(1) IN GENERAL.—All right, title, and interest
in and to all property and interests conveyed by the
United States under this section shall revert to the
United States on the date on which the Board uses
any of the property for any purpose other than the
purposes described in subsection (b)(1).
(2) ADMINISTRATION
OF
REVERTED
PROP-
ERTY.—Any property that reverts to the United
States under this subsection shall be under the ad-
ministrative jurisdiction of the Administrator of
General Services.
(3) ANNUAL CERTIFICATION.—One year after
the date of a conveyance made pursuant to sub-
section (a), and annually thereafter, the Board shall
certify to the Administrator of General Services or
his or her designee that the Board and its designees
are in compliance with the conditions of conveyance
under subsections (b) and (e).
(g) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Trustees of the California State University.
(2) CENTER.—The term ‘‘Center’’ means the
Romberg Tiburon Center for Environmental Studies
at San Francisco State University.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
SEC. 403. EMERGENCY ASSISTANCE FOR SUBSISTENCE
WHALE HUNTERS.
Notwithstanding any provision of law, the use of a
vessel to tow a whale taken in a traditional subsistence
whale hunt permitted by Federal law and conducted in wa-
ters off the coast of Alaska is authorized, if such towing
is performed upon a request for emergency assistance
made by a subsistence whale hunting organization for-
mally recognized by an agency of the United States Gov-
ernment, or made by a member of such an organization,
to prevent the loss of a whale.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 4883
AN ACT
To reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes.