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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
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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
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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.’’.
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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-
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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
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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
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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
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‘‘(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 Ad-
ministration—
‘‘(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.
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‘‘(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’’.
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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.
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(6) 
ADMINISTRATION.—The 
term 
‘‘Administration’’ 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.—
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(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
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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.
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(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
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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
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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.
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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.
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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.
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(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—
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(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.
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(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
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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
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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
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(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.
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(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.
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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-
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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.—
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(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
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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.—
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(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
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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 reg-
ulations—
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(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.
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(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.
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(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.
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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.
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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
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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 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.
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(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-
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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’’.
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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,
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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.
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‘‘(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
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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
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(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-
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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
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‘‘(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;
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‘‘(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
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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-
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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;
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‘‘(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-
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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
HR 4883 RDS 
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.
HR 4883 RDS 
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.
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(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.
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(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-
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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
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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
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the Secretary’s facilities, equipment, fixtures, 
improvements, modifications, or alterations; 
(2) the Secretary shall remediate, at the sole 
cost of the United States, all hazardous or toxic sub-
stance contamination on the property retained under 
subsection (c) that is found to have occurred as a di-
rect result of the installation, operation, or mainte-
nance of the Secretary’s facilities, equipment, fix-
tures, improvements, modifications, or alterations; 
and 
(3) if the Secretary decides to terminate future 
occupancy and interest of the property retained 
under subsection (c), the Secretary shall—
(A) provide written notice to the Board at 
least 60 days prior to the scheduled date when 
the property will be vacated; 
(B) remove facilities, equipment, fixtures, 
improvements, modifications, or alterations and 
restore the property to as good a condition as 
existed at the time the property was retained 
under subsection (c), taking into account ordi-
nary wear and tear and exposure to natural ele-
ments or phenomena; or 
(C) surrender all facilities, equipment, fix-
tures, improvements, modifications, or alter-
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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).
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(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: 
JEFF TRANDAHL, 
Clerk.