as the average number on that list during that fiscal year
does not exceed the authorized number.
SEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003
THROUGH 2008.
There are authorized to be not less than 264 and not
more than 299 officers on the lineal list of the commissioned
corps of the National Oceanic and Atmospheric Administra-
tion for each of fiscal years 2003 through 2008.
Subtitle B—Appointment and
Promotion of Officers
SEC. 221. ORIGINAL APPOINTMENTS.
(a) IN GENERAL.—
(1) GRADES.—Original appointments may be
made in the grades of ensign, lieutenant (junior
grade), and lieutenant.
(2) QUALIFICATIONS.—Under regulations 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 section
532(a) of title 10, United States Code; and
(B) has such other special qualifications as
the Secretary may prescribe by regulation.
(3) EXAMINATION.—A person may be given such
an appointment only after passage of a mental and
physical examination given in accordance with regu-
lations prescribed by the Secretary.
(4) REVOCATION OF COMMISSION OF OFFICERS
FOUND NOT QUALIFIED.—The President may revoke
the commission of any officer appointed under this
section during the officer’s first three years of service
if the officer is found not qualified for the service.
Any such revocation shall be made under regulations
prescribed by the President.
(b) LINEAL LIST.—Each person appointed under this
section shall be placed on the lineal list in a position 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 lieuten-
ant (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 Sec-
retary 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, pro-
motion, 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 Sec-
retary 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 ensign
is at any time found not fully qualified, the officer’s com-
mission shall be revoked and the officer shall be separated
from the commissioned service.
SEC. 224. PROMOTION BY SELECTION TO PERMANENT
GRADES 
ABOVE 
LIEUTENANT 
(JUNIOR
GRADE).
Promotion to fill vacancies in each permanent grade
above the grade of lieutenant (junior grade) shall be made
by selection from the next lower grade upon 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 ad-
vice and consent of the Senate.
SEC. 227. GENERAL QUALIFICATION OF OFFICERS FOR PRO-
MOTION 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 positions
of importance and responsibility for which it is appropriate
that officers of the Administration, if serving in those posi-
tions, 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 POSI-
TIONS.—The Secretary may assign officers to positions des-
ignated under subsection (a).
(c) FLEET OVERSIGHT AND ADMINISTRATION OF OFFI-
CER CORPS.—The Secretary shall designate one position
under this section which shall be responsible for oversight
of the operation of the vessel fleet and for the administration
of the commissioned officer corps. That position shall be
filled by an officer on the lineal list serving in or above
the grade of rear admiral (lower half). For the specific pur-
pose of administering the commissioned officer corps, that
position shall carry the title of Director of the National Oce-
anic and Atmospheric Administration Commissioned Offi-
cer Corps.
(d) GRADE.—
(1) TEMPORARY APPOINTMENT TO GRADE DES-
IGNATED FOR POSITION.—An officer assigned to a po-
sition 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 of-
ficer 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 serv-
ing 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 ap-
pointed.
(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 per-
sonnel of the Navy to all laws authorizing temporary ap-
pointment or advancement of commissioned officers in time
of war or national emergency.
(b) LIMITATIONS.—Subsection (a) shall be applied sub-
ject 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 de-
partment 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 military
department under section 251.
SEC. 231. PAY AND ALLOWANCES; DATE OF ACCEPTANCE OF
PROMOTION.
(a) ACCEPTANCE AND DATE OF PROMOTION.—An offi-
cer of the commissioned corps who is promoted to a higher
grade—
(1) is deemed for all purposes to have accepted
the promotion upon the date the promotion is made
by the President, unless the officer expressly declines
the promotion; and
(2) shall receive the pay and allowances of the
higher grade from that date unless the officer is enti-
tled under another provision of law to receive the pay
and allowances of the higher grade from an earlier
date.
(b) OATH OF OFFICE.—An officer who subscribed to
the oath of office required by section 3331 of title 5, United
States Code, shall not be required to renew such oath or
to take a new oath upon promotion to a higher grade, if
the service of the officer after the taking of such oath is con-
tinuous.
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 offi-
cer 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 author-
ized, in the President’s discretion, to suspend the operation
of all or any part of the provisions of law pertaining to
promotion of commissioned officers of the Administration.
Subtitle C—Separation and
Retirement of Officers
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.
(a) TRANSFER OF OFFICERS TO RETIRED LIST; SEPA-
RATION FROM SERVICE.—As recommended by a personnel
board convened under section 222—
(1) an officer in the permanent grade of captain
or commander may be transferred to the retired list;
and
(2) an officer in the permanent grade of lieuten-
ant commander, lieutenant, or lieutenant (junior
grade) who is not qualified for retirement may be sep-
arated from the service.
(b) COMPUTATIONS.—In any fiscal year, the total
number of officers selected for retirement or separation
under subsection (a) plus the number of officers retired for
age may not exceed the whole number nearest 4 percent of
the total number of officers authorized to be on the active
list, except as otherwise provided by law.
(c) EFFECTIVE DATE OF RETIREMENTS AND SEPARA-
TIONS.—A retirement or separation under subsection (a)
shall take effect on the first day of the sixth month begin-
ning after the date on which the Secretary approves the re-
tirement or separation, except that if the officer concerned
requests an earlier retirement or separation date, the date
shall be as determined by the Secretary.
SEC. 242. SEPARATION PAY.
(a) AUTHORIZATION OF PAYMENT.—An officer who is
separated under section 241(a)(2) and who has completed
more than three years of continuous active service imme-
diately before that separation is entitled to separation pay
computed under subsection (b) unless the Secretary deter-
mines that the conditions under which the officer is sepa-
rated do not warrant payment of that pay.
(b) AMOUNT OF SEPARATION PAY.—
(1) SIX OR MORE YEARS.—In the case of an offi-
cer who has completed six or more years of continuous
active service immediately before that separation, the
amount of separation pay to be paid to the officer
under this section is 10 percent of the product of—
(A) the years of active service creditable to
the officer; and
(B) 12 times the monthly basic pay to
which the officer was entitled at the time of sepa-
ration.
(2) THREE TO SIX YEARS.—In the case of an of-
ficer who has completed three or more but fewer than
six years of continuous active service immediately be-
fore 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 ADMIN-
ISTRATIVE PROVISIONS.—The provisions of subsections (f),
(g), and (h) of section 1174 of title 10, United States Code,
shall apply to separation pay under this section in the same
manner as such provisions apply to separation pay under
that section.
SEC. 243. MANDATORY RETIREMENT FOR AGE.
(a) OFFICERS BELOW GRADE
OF REAR ADMIRAL
(LOWER HALF).—Unless retired or separated earlier, each
officer on the lineal list of the commissioned corps who is
serving in a grade below the grade of rear admiral (lower
half) shall be retired on the first day of the month following
the month in which the officer becomes 62 years of age.
(b) FLAG OFFICERS.—Notwithstanding subsection (a),
the President may defer the retirement of an officer serving
in a position that carries a grade above captain for such
period as the President considers advisable, but such a
deferment may not extend beyond the first day of the month
following the month in which the officer becomes 64 years
of age.
SEC. 244. RETIREMENT FOR LENGTH OF SERVICE.
An officer who has completed 20 years of service, of
which at least 10 years was service as a commissioned 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 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 SEPTEMBER 8, 1980.—Each officer on the retired
list who first became a member of a uniformed service on
or after September 8, 1980, shall receive retired pay at the
rate determined by multiplying—
(1) the retired pay base determined under section
1407 of title 10, United States Code; by
(2) the retired pay multiplier determined under
section 1409 of such title for the number of years of
service that may be credited to the officer under sec-
tion 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 ad-
dition to the number of full years of service cred-
itable 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 appoint-
ment, and shall receive retired pay based on such highest
grade, if—
(1) the officer’s performance of duty in such
highest grade has been satisfactory, as determined by
the Secretary of the department or departments under
whose jurisdiction the officer served; and
(2) unless retired for disability, the officer’s
length of service in such highest grade is no less than
that required by the Secretary of officers retiring
under permanent appointment in that grade.
SEC. 247. RETIRED RANK AND PAY HELD PURSUANT TO
OTHER LAWS UNAFFECTED.
Nothing in this subtitle shall prevent an officer from
being placed on the retired list with the highest rank and
with the highest retired pay to which the officer is entitled
under any other provision of law.
SEC. 248. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF
RETIREMENT.
The provisions of subchapter IV of chapter 36 of title
10, United States Code, relating to continuation on active
duty and deferral of retirement shall apply to commissioned
officers of the Administration.
SEC. 249. RECALL TO ACTIVE DUTY.
The provisions of chapter 39 of title 10, United States
Code, relating to recall of retired officers to active duty, in-
cluding the limitations on such recalls, shall apply to com-
missioned officers of the Administration.
Subtitle D—Service of Officers With
the Military Departments
SEC. 251. COOPERATION WITH AND TRANSFER TO MILITARY
DEPARTMENTS.
(a) IN GENERAL.—The President may, whenever in
the judgment of the President a sufficient national emer-
gency exists, transfer to the service and jurisdiction of a
military department such vessels, equipment, stations, and
officers of the Administration as the President considers to
be in the best interest of the country. After any such transfer
all expenses connected therewith shall be defrayed out of the
appropriations for the department to which the transfer is
made. Such transferred vessels, equipment, stations, and of-
ficers shall be returned to the Administration when the na-
tional emergency ceases, in the opinion of the President.
Nothing in this section shall be construed as transferring
the Administration or any of its functions from the Depart-
ment of Commerce except in time of national emergency
and to the extent provided in this section.
(b) STATUS OF TRANSFERRED OFFICERS.—An officer
of the Administration transferred under this section, shall,
while under the jurisdiction of a military department, have
proper military status and shall be subject to the laws, regu-
lations, 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 offi-
cers of corresponding grade in the Army, Navy, or Air Force
of the same length of service in grade. Nothing in this sub-
title shall be construed to affect or alter an officer’s rates
of pay and allowances when not assigned to military duty.
SEC. 253. RULES AND REGULATIONS WHEN COOPERATING
WITH MILITARY DEPARTMENTS.
(a) JOINT REGULATIONS.—The Secretary of Defense
and the Secretary of Commerce shall jointly prescribe
regulations—
(1) governing the duties to be performed by the
Administration in time of war; and
(2) providing for the cooperation of the Adminis-
tration 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 Secre-
taries.
(c) COMMUNICATIONS.—Regulations under subsection
(a) may provide procedures for making reports and commu-
nications between a military department and the Adminis-
tration.
Subtitle E—Rights and Benefits
SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF
TITLE 10, UNITED STATES CODE.
(a) PROVISIONS MADE APPLICABLE TO THE CORPS.—
The rules of law that apply to the Armed Forces under the
following provisions of title 10, United States Code, as those
provisions are in effect from time to time, apply also to
the commissioned officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 716, relating to transfers between the
armed forces and to and from National Oceanic and
Atmospheric Administration.
(3) Section 1035, relating to deposits of savings.
(4) Section 1036, relating to transportation and
travel allowances for escorts for dependents of mem-
bers.
(5) Section 1052, relating to reimbursement for
adoption expenses.
(6) Section 1174a, relating to special separation
benefits 
(except 
that 
benefits 
under 
subsection
(b)(2)(B) of such section are subject to the availability
of appropriations for such purpose and are provided
at the discretion of the Secretary of Commerce).
(7) Chapter 61, relating to retirement or separa-
tion for physical disability.
(8) Chapter 69, relating to retired grade, except
sections 1370, 1375, and 1376.
(9) Chapter 71, relating to computation of re-
tired pay.
(10) Chapter 73, relating to annuities based on
retired or retainer pay.
(11) Subchapter II of chapter 75, relating to
death benefits.
(12) Section 2634, relating to transportation of
motor vehicles for members on permanent change of
station.
(13) Sections 2731 and 2735, relating to prop-
erty loss incident to service.
(14) Section 2771, relating to final settlement of
accounts of deceased members.
(15) Such other provisions of subtitle A of that
title as may be adopted for applicability to the 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 Ad-
ministration shall be deemed to be active military service
for the purposes of all rights, privileges, immunities, and
benefits under the following:
(1) Laws administered by the Secretary of 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 administration
of the laws and regulations referred to in subsection (a),
with respect to the Administration, the authority vested in
the Secretary of Defense and the Secretaries of the military
departments and their respective departments shall be exer-
cised 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 commissary
and quartermaster supplies as far as available from the
Armed Forces at the prices charged officers and enlisted
members of the Armed Forces.
(b) SALES OF RATIONS, STORES, UNIFORMS, AND RE-
LATED EQUIPMENT.—The Secretary may purchase ration
supplies for messes, stores, uniforms, accouterments, and re-
lated equipment for sale aboard ship and shore stations of
the Administration to members of the uniformed services
and to personnel assigned to such ships or shore stations.
Sales shall be in accordance with regulations prescribed by
the Secretary, and proceeds therefrom shall, as far as is
practicable, fully reimburse the appropriations charged
without regard to fiscal year.
(c) SURVIVING SPOUSES’ RIGHTS.—Rights extended to
members of the uniformed services in this section are ex-
tended 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 OF-
FICERS.—In the case of an officer who dies on active duty,
the Secretary may provide, from appropriations made
available to the Administration, transportation (including
packing, unpacking, crating, and uncrating) of personal
and household effects of that officer to the official residence
of record of that officer. However, upon application by the
dependents of such an officer, such transportation may be
provided to such other location as may be determined by
the Secretary.
(b) REIMBURSEMENT FOR SUPPLIES FURNISHED BY
OFFICERS
TO
DISTRESSED
AND
SHIPWRECKED
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 persons
in remote localities; or
(2) to shipwrecked persons who are temporarily
provided for by the officer.
SEC. 266. PRESENTATION OF UNITED STATES FLAG UPON
RETIREMENT.
(a) PRESENTATION OF FLAG UPON RETIREMENT.—
Upon the release of a commissioned officer from active com-
missioned service for retirement, the Secretary shall present
a United States flag to the officer.
(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—
An officer is not eligible for presentation of a flag under
subsection (a) if the officer has previously been presented
a flag under this section or any other provision of law pro-
viding 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 in-
crease the efficiency of the commissioned and enlisted
personnel of the Army, Navy, Marine Corps, Coast
Guard, Coast and Geodetic Survey, and Public
Health Service’’, enacted May 18, 1920 (33 U.S.C.
864).
(7) Section 636(a)(17) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2396(a)(17)).
SEC. 272. CONFORMING AMENDMENTS.
(a) TITLE
10, UNITED
STATES
CODE.—Section
1406(g) of title 10, United States Code, is amended by strik-
ing ‘‘section 16 of the Coast and Geodetic Survey Commis-
sioned Officers’ Act of 1948 (33 U.S.C. 853o)’’ and inserting
‘‘section 305 of the National Oceanic and Atmospheric Ad-
ministration Commissioned Officers Act of 2002’’.
(b) PUBLIC LAW 104–106.—Section 566(c) of the Na-
tional Defense Authorization Act for Fiscal Year 1996 (Pub-
lic Law 104–106; 110 Stat. 328; 10 U.S.C. 1293 note) is
amended by striking ‘‘the Coast and Geodetic Survey Com-
missioned Officers’ Act of 1948’’ and inserting ‘‘the Na-
tional Oceanic and Atmospheric Administration Commis-
sioned Officer Corps Act of 2002’’.