I
107TH CONGRESS
2D SESSION
H. R. 4882
To revise and modernize the provisions of law governing the commissioned
officer corps of the National Oceanic and Atmospheric Administration.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 2002
Mr. YOUNG of Alaska (for himself, Mr. GILCHREST, and Mr. SAXTON) intro-
duced the following bill; which was referred to the Committee on Re-
sources
A BILL
To revise and modernize the provisions of law governing
the commissioned officer corps of the National Oceanic
and Atmospheric Administration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Oceanic and Atmospheric Administration Com-
missioned Officer Corps Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—GENERAL PROVISIONS
Sec. 101. Commissioned officer corps.
Sec. 102. Definitions.
Sec. 103. Authorized number on the active list.
Sec. 104. Strength and distribution in grade.
Sec. 105. Authorized number for fiscal years 2003 through 2008.
TITLE II—APPOINTMENT AND PROMOTION OF OFFICERS
Sec. 201. Original appointments.
Sec. 202. Personnel boards.
Sec. 203. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 204. Promotion by selection to permanent grades above lieutenant (junior
grade).
Sec. 205. Length of service for promotion purposes.
Sec. 206. Appointments and promotions to permanent grades.
Sec. 207. General qualification of officers for promotion to higher permanent
grade.
Sec. 208. Positions of importance and responsibility.
Sec. 209. Temporary appointments and promotions generally.
Sec. 210. Temporary appointment or advancement of commissioned officers in
time of war or national emergency.
Sec. 211. Pay and allowances; date of acceptance of promotion.
Sec. 212. Service credit as deck officer or junior engineer for promotion pur-
poses.
Sec. 213. Suspension during war or emergency.
TITLE III—SEPARATION AND RETIREMENT OF OFFICERS
Sec. 301. Involuntary retirement or separation.
Sec. 302. Separation pay.
Sec. 303. Mandatory retirement for age.
Sec. 304. Retirement for length of service.
Sec. 305. Computation of retired pay.
Sec. 306. Retired grade and retired pay.
Sec. 307. Retired rank and pay held pursuant to other laws unaffected.
Sec. 308. Continuation on active duty; deferral of retirement.
Sec. 309. Recall to active duty.
TITLE IV—SERVICE OF OFFICERS WITH THE MILITARY
DEPARTMENTS
Sec. 401. Cooperation with and transfer to military departments.
Sec. 402. Relative rank of officers when serving with Army, Navy, or Air Force.
Sec. 403. Rules and regulations when cooperating with military departments.
TITLE V—RIGHTS AND BENEFITS
Sec. 501. Applicability of certain provisions of title 10, United States Code.
Sec. 502. Eligibility for veterans benefits and other rights, privileges, immuni-
ties, and benefits under certain provisions of law.
Sec. 503. Medical and dental care.
Sec. 504. Commissary privileges.
Sec. 505. Authority to use appropriated funds for transportation and reim-
bursement of certain items.
Sec. 506. Presentation of United States flag upon retirement.
TITLE VI—REPEALS AND CONFORMING AMENDMENTS
Sec. 601. Repeals.
Sec. 602. Conforming amendments.
TITLE I—GENERAL PROVISIONS
SEC. 101. COMMISSIONED OFFICER CORPS.
There shall be in the National Oceanic and Atmos-
pheric Administration a commissioned officer corps.
SEC. 102. 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 Act.
(b) ADDITIONAL DEFINITIONS.—In this Act:
(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. 103. 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. 104. 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. 105. 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 commis-
sioned corps of the National Oceanic and Atmospheric Ad-
ministration for each of fiscal years 2003 through 2008.
TITLE II—APPOINTMENT AND
PROMOTION OF OFFICERS
SEC. 201. 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. 202. 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 title and title III.
(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. 203. 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. 204. 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. 205. 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. 206. 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. 207. 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. 208. 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.—The Secretary
shall designate one position under this section as the Di-
rector of the commissioned corps, to be filled by an officer
on the lineal list serving in or above the grade of rear ad-
miral (lower half). The Director shall be responsible for
administration of the officers, and for oversight of the op-
eration of the vessel fleet, of the Administration.
(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. 209. 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. 210. 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 401 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 401.
(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 401.
SEC. 211. 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. 212. 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. 213. 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.
TITLE III—SEPARATION AND
RETIREMENT OF OFFICERS
SEC. 301. 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 202—
(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. 302. SEPARATION PAY.
(a) AUTHORIZATION OF PAYMENT.—An officer who
is separated under section 301(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.
(b) AMOUNT OF SEPARATION PAY.—
(1) SIX OR MORE YEARS.—In the case of an of-
ficer who has completed six or more years of contin-
uous active service immediately before that separa-
tion, the amount of separation pay to be paid to the
officer under this section is 10 percent of the prod-
uct of—
(A) the years of active service creditable to
the officer; and
(B) 12 times the monthly basic pay to
which the officer was entitled at the time of
separation.
(2) THREE TO SIX YEARS.—In the case of an
officer who has completed three or more but fewer
than six years of continuous active service imme-
diately before that separation, the amount of separa-
tion 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 AD-
MINISTRATIVE
PROVISIONS.—The provisions of sub-
sections (f), (g), and (h) of section 1174 of title 10, United
States Code, shall apply to separation pay under this sec-
tion in the same manner as such provisions apply to sepa-
ration pay under that section.
SEC. 303. 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. 304. 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. 305. 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. 306. 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. 307. RETIRED RANK AND PAY HELD PURSUANT TO
OTHER LAWS UNAFFECTED.
Nothing in this title 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. 308. 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. 309. 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.
TITLE 
IV—SERVICE 
OF 
OFFI-
CERS WITH THE MILITARY
DEPARTMENTS
SEC. 401. COOPERATION WITH AND TRANSFER TO MILI-
TARY 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, sta-
tions, and officers shall be returned to the Administration
when the national 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 Department of Commerce except in time of na-
tional emergency and to the extent provided in this sec-
tion.
(b) 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. 402. 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 title shall be construed to affect or alter an officer’s
rates of pay and allowances when not assigned to military
duty.
SEC. 403. 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.
TITLE V—RIGHTS AND BENEFITS
SEC. 501. 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 716, relating to transfers between
the armed forces and to and from National Oceanic
and Atmospheric Administration.
(3) Section 1035, relating to deposits of sav-
ings.
(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 avail-
ability of appropriations for such purpose and are
provided at the discretion of the Secretary of Com-
merce).
(7) Chapter 61, relating to retirement or sepa-
ration 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. 502. 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. 503. 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. 504. 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. 505. 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. 506. 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.
TITLE VI—REPEALS AND
CONFORMING AMENDMENTS
SEC. 601. 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) The Act of August 6, 1947 (33 U.S.C. 883a
et seq.).
(7) 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).
(8) Section 636(a)(17) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2396(a)(17)).
SEC. 602. 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’’.
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