Hydrographic Services Improvement Act Amendments of 2002
PL 107-372 (H.R.4883), enacted 12/19/2002

116 STAT. 3078 
PUBLIC LAW 107-372—DEC. 19, 2002 
Public Law 107-372 
107th Congress 
An Act 
Dec. 19, 2002 
To reauthorize the Hydrographic Services Improvement Act of 1998, and for other 
[H.R. 4883] 
purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—NCAA HYDROGRAPHIC SERVICES IMPROVEMENT 
Sec. 101. Short title; references. 
Sec. 102. Definitions. 
Sec. 103. Functions of Administrator. 
Sec. 104. Quality assurance program. 
Sec. 105. Hydrographic Services Review Panel. 
Sec. 106. Authorization of appropriations. 
TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
COMMISSIONED OFFICER CORPS 
Sec. 201. Short title. 
SUBTITLE A—GENERAL PROVISIONS 
Sec. 211. Commissioned officer corps. 
Sec. 212. Definitions. 
Sec. 213. Authorized number on the active list. 
Sec. 214. Strength and distribution in grade. 
Sec. 215. Authorized number for fiscal years 2003 through 2005. 
SUBTITLE B—^APPOINTMENT AND PROMOTION OF OFFICERS 
Sec. 221. Original appointments. 
Sec. 222. Personnel boards. 
Sec. 223. Promotion of ensigns to grade of lieutenant (junior grade). 
Sec. 224. Promotion by selection to permanent grades above lieutenant (jvuiior 
grade). 
Sec. 225. Length of service for promotion purposes. 
Sec. 226. Appointments and promotions to permanent grades. 
Sec. 227. General qualification of officers for promotion to higher permanent grade. 
Sec. 228. Positions of importance and responsibility. 
Sec. 229. Temporary appointments and promotions generally. 
Sec. 230. Temporary appointment or advancement of commissioned officers in time 
of war or national emergency. 
Sec. 231. Pay and allowances; date of acceptance of promotion. 
Sec. 232. Service credit as deck officer or junior engineer for promotion purposes. 
Sec. 233. Suspension during war or emergency. 
SUBTITLE C—SEPARATION AND RETIREMENT OF OFFICERS 
Sec. 241. Involuntary retirement or separation. 
Sec. 242. Separation pay. 
Sec. 243. Mandatory retirement for age. 
Sec. 244. Retirement for length of service. 
Sec. 245. Computation of retired pay. 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3079 
Sec. 246. Retired grade and retired pay. 
Sec. 247. Retired rank and pay held pursuant to other laws unaffected. 
Sec. 248. Continuation on active duty; deferral of retirement. 
Sec. 249. Recall to active duty. 
SUBTITLE D—SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS 
Sec. 251. Cooperation with and transfer to military departments. 
Sec. 252. Relative rank of officers when serving with Army, Navy, or Air Force. 
Sec. 253. Rules and regulations when cooperatmg 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, immimities, 
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 reimburse-
ment 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 Conservation 
Act. 
Sec. 304. Reauthorization of the Atlantic Tvmas 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 
Hydrographic 
SERVICES IMPROVEMENT 
fm^o'LentAct 
Amendments of 
2002 
SEC. 101. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This title may be cited as the "Hydrographic 
33 USC 851 note. 
Services Improvement Act Amendments of 2002". 
(b) REFERENCES.—Except as otherwise expressly 
provided, 
whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Hydrographic 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 geo-
magnetic" after "geodetic"; and 
(2) in paragraph (4) by inserting "geospatial, geomagnetic," 
after "geodetic,". 
SEC. 103. FUNCTIONS OF ADMINISTRATOR. 
(a) HYDROGRAPHIC MONITORING SYSTEMS.—Section 303(b)(4) 
(33 U.S.C. 892a(b)(4)) is amended to read as follows: 
116 STAT. 3080 
PUBLIC LAW 107-372—DEC. 19, 2002 
"(4) shall, subject to the availability of appropriations, 
design, install, maintain, and operate real-time hydrographic 
monitoring systems to enhance navigation safety and effi-
ciency.". 
(b) CONSERVATION AND MANAGEMENT OF COASTAL AND OCEAN 
RESOURCES.—Section 303 (33 U.S.C. 892a) is further amended by 
adding at the end the following: 
"(c) CONSERVATION AND MANAGEMENT OF COASTAL AND OCEAN 
RESOURCES.—Where appropriate and to the extent that it does 
not detract from the promotion of safe and efficient navigation, 
the Secretary may use hydrographic 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)(l)) is 
gmiended to read as follows: 
"(1) IN GENERAL.—The Administrator— 
Deadline. 
"(A) by not later than 2 years after the date of enact-
ment of the Hydrographic Services Improvement Act 
Amendments of 2002, shall, subject to the availability of 
appropriations, develop and implement a quality assurance 
program that is equally available to all applicants, under 
which the Administrator may certify hydrographic products 
that satisfy the standards promulgated by the Adminis-
trator 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 subparagraph (A); and 
"(C) may charge a fee for such certification and use.". 
SEC. 105. HYDROGRAPHIC SERVICES REVIEW PANEL. 
Section 305 (33 U.S.C. 892c) is amended to read as follows: 
«SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL. 
Deadline. 
"(a) ESTABLISHMENT.—No later than 1 year after the date of 
enactment of the Hydrographic Services Improvement Act Amend-
ments of 2002, the Secret£iry shall establish the Hydrographic Serv-
ices Review Panel. 
"(b) DUTIES.— 
"(1) IN GENERAL.—The panel shall advise the Administrator 
on matters related to the responsibilities and authorities set 
forth in section 303 of this Act and such other appropriate 
matters as the Administrator refers to the panel for review 
and advice. 
"(2) ADMINISTRATIVE RESOURCES.—The Administrator shall 
make avEiilable 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 Administrator. T^e Director 
of the Joint Hydrographic Institute and no more than 2 
employees of the National Oceanic and Atmospheric 
Administration appointed by the Administrator shall serve 
as nonvoting members of the panel. The voting members 
of the panel shall be individuals who, by reason of knowl-
edge, experience, or training, are especially qualified in 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3081 
one or more of the disciplines and fields relating to hydro-
graphic surveying, tide, current geodetic and geospatial 
measurement, marine transportation, 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 individual 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 determined by the Sec-
retary) 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 member of the 
panel shall be 4 years, except that of the original 
appointees, five shall be appointed for a term of 2 years, 
five shall be appointed for a term of 3 years, aiid five 
shall be appointed for a term of 4 years, as specified by 
the Administrator at the time of appointment. 
"(B) Any individued appointed to a partial or full term 
may be reappointed for one additional 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 successor 
has taken office. 
"(3) NOMINATIONS.—^At least once each year, the Secretary 
shall publish a notice in the Federal Register soliciting nomina-
tions 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 Chednnan. 
"(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 Sec-
retary, not to exceed the maximum daily rate payable under 
section 5376 of title 5, United States Code, when actually 
engaged in the performance 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 Chairmeui or upon the 
request of a majority of the voting members or of the Secretary. 
"(f) POWERS.—Tne panel may exercise such powers as are 
reasonably necessary in order to csury out its duties under sub-
section (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 Administrator 
the following: 
"(1) To carry out nautical mapping and charting functions 
under sections 303 Euid 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; 
116 STAT. 3082 
PUBLIC LAW 107-372—DEC. 19, 2002 
"(C) $60,000,000 for fiscal year 2005; 
"(D) $65,000,000 for fiscal year 2006; and 
"(E) $70,000,000 for fiscal year 2007. 
"(2) To contract for hydrographic surveys under section 
303(b)(1), including the leasing or time chartering of vessels— 
"(A) $40,000,000 for fiscal year 2003; 
"(B) $42,500,000 for fiscal year 2004; 
"(C) $45,000,000 for fiscal year 2005; 
"(D) $47,500,000 for fiscal year 2006; and 
"(E) $50,000,000 for fiscal year 2007. 
"(3) To operate hydrographic survey vessels owned by the 
United States and operated by the Administration— 
"(A) $14,000,000 for fiscal year 2003; 
"(B) $18,000,000 for fiscal year 2004; and 
"(C) $21,000,000 for fiscal years 2005 through 2007. 
"(4) To carry out geodetic functions under this title— 
"(A) $27,500,000 for fiscal year 2003; 
"(B) $30,000,000 for fiscal year 2004; 
"(C) $32,500,000 for fiscal year 2005; 
"(D) $35,000,000 for fiscal year 2006; and 
"(E) $35,500,000 for fiscal year 2007. 
"(5) To carry out tide and current measurement 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 geodetic functions, in addition to other 
amounts authorized by this section, $20,000,000.". 
National Oceanic T I T L E I I — N A T I O N A L O C E A N I C A N D A T -
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MISSIONED OFFICER CORPS 
of2002. 
33 use 3001 
SEC. 201. SHORT TITLE. 
This title may be cited as the "National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 
2002". 
Subtitle A—General Provisions 
33 use 3001. 
SEC. 211. COMMISSIONED OFFICER CORPS, 
There shsdl be in the National Oceanic and Atmospheric 
Administration a commissioned officer corps. 
33 use 3002. 
SEC. 212. DEFINITIONS. 
(a) APPLICABILITY OF DEFINITIONS IN TITLE 10, UNITED STATES 
CODE.—Except as provided in subsection (b), the definitions pro-
vided in section 101 of title 10, United States Code, apply to 
the provisions of this title. 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3083 
(b) ADDITIONAL DEFINITIONS.—In this title: 
(1) ACTIVE DUTY.—The term "active duty" means full-time 
duty in the active service of a uniformed service. 
(2) GRADE.—The term "grade" meems a step or degree, 
in a graduated scale of office or rank, that is established £ind 
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 "Administration" means 
the National Oceanic and Atmospheric Administration. 
SEC. 213. AUTHORIZED NUMBER ON THE ACTIVE LIST. 
33 USC 3003. 
(a) ANNUAL STRENGTH ON ACTIVE LIST.—The annual strength 
of the commissioned corps in officers on the lineal list of active 
duty officers of the corps shall be prescribed 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. 
33 USC 3004. 
(a) RELATIVE RANK; PROPORTION.—Of the total authorized 
number of officers on the lineal list of the commissioned corps, 
there are authorized numbers in permanent 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 lieutenEuit (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, 
£Uid if the fi"action is one-half the next higher whole ntunber 
shall be taken. 
(2) LIMITATION ON INCREASE IN TOTAL NUMBER.—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 author-
ized number of officers in the various grades. 
(d) FILLING OF VACANCIES; ADDITIONAL NUMBERS.—Nothing in 
this section may be construed as requiring the filling of any vacEincy 
or as prohibiting additional numbers in £uiy grade to compensate 
for vacancies existing in higher grades. 
(e) TEMPORARY INCREASE IN NUMBERS.—The total nimiber 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 
116 STAT. 3084 
PUBLIC LAW 107-372—DEC. 19, 2002 
on that list during that fiscal year does not exceed the authorized 
number. 
33 use 3005. 
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 Atmospheric 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 
33 use 3021. 
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 prescribed by the 
Secretary, such an appointment may be given only to a person 
who— 
(A) meets the qualification requirements specified in 
paragraphs (1) through (4) of section 532(a) of title 10, 
United States Code; and 
(B) has such other special qualifications as the Sec-
retary may prescribe by regulation. 
(3) EXAMINATION.—^A person may be given such an appoint-
ment only after passage of a mental and physiced examination 
given in accordance with regulations prescribed by the Sec-
retary. 
(4) REVOCATION OF COMMISSION OF OFFICERS FOUND NOT 
QUALIFIED.—The President may revoke the commission of any 
officer appointed under this section during the officer's first 
three years of service if the officer is found not qualified for 
the service. Any such revocation shall be made under 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 commensurate with 
that person's age, education, and experience, in accordance with 
regulations prescribed by the Secretary. 
(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, iy2 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). 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3085 
SEC. 222. PERSONNEL BOARDS. 
33 USC 3022. 
(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 ACCEPTABLE.—In a case 
in which any recommendation by a board convened under subsection 
(a) is not accepted by the Secretary or the President, the board 
shall make such further recommendations as are acceptable. 
SEC. 223. P R O M O T I O N OF ENSIGNS TO GRADE OF LIEUTENANT 
33 USC 3023. 
(JUNIOR GRADE). 
(a) I N 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 author-
ized number of officers in the grade of lieutenant (juiiior grade) 
shall be temporarily increased as necessary to authorize 
such 
appointment. 
(b) SEPARATION O F ENSIGNS F O U N D N O T FULLY QUALIFIED.— 
If an officer in the permanent grade of ensign is at any time 
found not fully qualified, the officer's commission shall be revoked 
and the officer shall be separated from the commissioned service. 
SEC. 224. PROMOTION BY SELECTION TO PERMANENT GRADES ABOVE 
33 USC 3024. 
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 recommendation of the personnel 
board. 
SEC. 225. LENGTH OF SERVICE FOR PROMOTION PURPOSES. 
33 USC 3025. 
(a) GENERAL RULE.—Each officer shall be assumed to have, 
for promotion purposes, at least the same length of service as 
Einy 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 PERMANENT GRADES. 33 USC 3026. 
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 
33 USC 3027. 
TO HIGHER PERMANENT GRADE. 
No officer may be promoted to a higher permanent grade on 
the active list until the officer has passed a satisfactory mental 
and physical examination in accordance with regulations prescribed 
by the Secretary. 
116 STAT. 3086 
PUBLIC LAW 107-372—DEC. 19, 2002 
33 use 3028. 
SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. 
(a) DESIGNATION OF POSITIONS.—The Secretary may designate 
positions in the Administration as being positions of importance 
and responsibiHty for which it is appropriate 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 Secreteiry for each position. 
(b) ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS.—The 
Secretary may assign officers to positions designated under sub-
section (a). 
(c) DIRECTOR OF N O A A CORPS AND OFFICE OF MARINE 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 position shall be filled by an officer on the lineal 
list serving in or above the grade of rear admiral (lower half). 
For the specific purpose of administering the commissioned officer 
corps, that position shall carry the title of Director of the National 
Oceanic and Atmospheric Administration Commissioned Officer 
Corps. For the specific purpose of administering the vessel and 
aircraft fleets, that position shall carry the title of Director of 
the Office of Marine and Aviation Operations. 
(d) GRADE.— 
(1) TEMPORARY APPOINTMENT TO GRADE DESIGNATED 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 offi-
cer's assignment to the position for which that appointment 
was made, shall, unless appointed or assigned to another posi-
tion 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 captsiin. In such a case, 
the officer shall be an extra number in that grade. 
(e) NUMBER OF OFFICERS APPOINTED.— 
(1) OVERALL LIMIT.—The total niunber of officers 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. 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3087 
SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY. 
33 USC 3029. 
(a) ENSIGN.—Temporary appointments in the grade of ensign 
may be made by the President alone. Each such temporary appoint-
ment 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 Secretary 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 promotion terminates upon the transfer 
of the officer to a new assignment. 
SEC. 230. TEMPORARY APPOINTMENT OR ADVANCEMENT OF COMMIS- 33 USC 3030. 
SIONED OFFICERS IN TIME OF WAR OR NATIONAL EMER-
GENCY. 
(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 Applicability. 
the following limitations: 
(1) A commissioned officer in the service of a military 
depairtment 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 Administra-
tion may be temporarily promoted to fill vacancies in ranks 
and grades caused by the transfer of commissioned officers 
to the service and jurisdiction of a military department under 
section 251. 
(3) Temporary appointments may be made in all grades 
to which original appointments in the Administration are 
authorized, except that the number of officers holding tem-
porary appointments may not exceed the number of officers 
transferred to a military department under section 251. 
SEC. 231. PAY AND ALLOWANCES; DATE OF ACCEPTANCE OF PRO- 33 USC 3031. 
MOTION. 
(a) ACCEPTANCE AND DATE OF PROMOTION.—^An officer of the 
commissioned corps who is promoted to a higher grade— 
(1) is deemed for all purposes to have accepted the pro-
motion 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 entitled under another 
provision of law to receive the pay and allowances of the higher 
grade from an earlier date. 
(b) OATH OF OFFICE.—^An officer who subscribed to the oath 
of office required by section 3331 of title 5, United States Code, 
shall not be required to renew such oath or to take a new oath 
upon promotion to a higher grade, if the service of the officer 
after the taking of such oath is continuous. 
116 STAT. 3088 
PUBLIC LAW 107-372—DEC. 19, 2002 
33 use 3032. 
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. 
33 use 3033. 
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 authorized, in the 
President's discretion, to suspend the operation of all or any part 
of the provisions of law pertaining to promotion of commissioned 
officers of the Administration. 
Subtitle C—Separation and Retirement of 
Officers 
33 use 3041. 
SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION. 
(a) TEIANSFER OF OFFICERS TO RETIRED LIST; SEPARATION FROM 
SERVICE.—^As recommended by a personnel board convened under 
section 222— 
(1) an officer in the permanent grade of captain or com-
mander may be transferred to the retired list; and 
(2) an officer in the permanent grade of lieutenant com-
memder, lieutenant, or lieutenant (junior grade) who is not 
qualijfied 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 percent of the total number of officers 
authorized to be on the active list, except as otherwise provided 
by law. 
(c) EFFECTIVE DATE OF RETIREMENTS AND SEPARATIONS.—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 concerned requests an earlier retirement or separation 
date, the date shall be as determined by the Secretary. 
33 use 3042. 
SEC. 242. SEPARATION PAY. 
(a) AUTHORIZATION OF PAYMENT.—An officer who is separated 
under section 241(a)(2) and who has completed more than three 
years of continuous active service immediately before that separa-
tion is entitled to sepeiration pay computed under subsection (b) 
unless the Secretary determines that the conditions under which 
the officer is separated do not warrant payment of that pay. 
(b) AMOUNT OF SEPARATION PAY.— 
(1) SIX O
R MORE YEARS.—In the case of an officer who 
has completed six or more years of continuous active service 
immediately before that separation, the amount of separation 
pay to be paid to the officer under this section is 10 percent 
of the product o
f
— 
(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. 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3089 
(2) THREE TO SIX YEARS.—In the case of an officer who 
has completed three or more but fewer than six years of contin-
uous active service immediately before that separation, the 
amoimt of separation pay to be paid to the officer under this 
section is one-half of the amount computed under paragraph 
(1). 
(c) OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE Applicability. 
PROVISIONS.—The provisions of subsections (f), (g), and (h) of section 
1174 of title 10, United States Code, shall apply to separation 
pay under this section in the same manner as such provisions 
apply to separation pay under that section. 
SEC. 243. MANDATORY RETIREMENT FOR AGE. 
33 USC 3043. 
(a) OFFICERS BELOW GRADE OF REAR ADMIRAL (LOWER HALF).— 
Unless retired or separated earlier, each officer on the lineal list 
of the commissioned corps who is serving in a grade below the 
grade of rear admiral (lower half) shall be retired on the first 
day of the month following the month in which the officer becomes 
62 years of age. 
(b) FLAG OFFICERS.—Notwithstanding subsection (a), the Presi-
dent may defer the retirement of an officer serving in a position 
that carries a grade above captain for such period as the President 
considers advisable, but such a deferment may not extend beyond 
the first day of the month following the month in which the officer 
becomes 64 years of age. 
SEC. 244. RETIREMENT FOR LENGTH OF SERVICE. 
33 USC 3044. 
An officer who has completed 20 years of service, of which 
at least 10 years was service as a commissioned officer, may at 
Euiy 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. 
33 USC 3045. 
(a) OFFICERS FIRST BECOMING MEMBERS BEFORE SEPTEMBER 
8, 1980.—Each officer on the retired list who first became a member 
of a uniformed service before September 8, 1980, shall receive 
retired pay at the rate determined by multiplying— 
(1) the retired pay base determined under section 1406(g) 
of title 10, United States Code; by 
(2) 2V^ percent of the number of years of service that 
may be credited to the officer under section 1405 of such title 
as if the officer's service were service as a member of the 
Armed Forces. 
The retired pay so computed may not exceed 75 percent of the 
retired pay base. 
(b) OFFICERS FIRST BECOMING MEMBERS ON OR AFTER SEP-
TEMBER 8, 1980.—Each officer on the retired list who first became 
a member of a uniformed service on or after September 8, 1980, 
shall receive retired pay at the rate determined by multiplying— 
(1) the retired pay base determined under section 1407 
of title 10, United States Code; by 
(2) the retired pay multiplier determined under section 
1409 of such title for the number of years of service that 
may be credited to the officer under section 1405 of such title 
as if the officer's service were service as a member of the 
Armed Forces. 
(c) TREATMENT OF FULL AND FRACTIONAL PARTS OF MONTHS 
IN COMPUTING YEARS OF SERVICE.— 
116 STAT. 3090 
PUBLIC LAW 107-372—DEC. 19, 2002 
(1) IN GENERAL.—In computing the number of years of 
service of an officer for the purposes of subsection (a)— 
(A) each full month of service that is in addition to 
the number of full years of service creditable to the officer 
shall be credited as V12 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. 
33 use 3046. 
SEC. 246. RETIRED GRADE AND RETIRED PAY. 
Each officer retired pursuant to law shall be placed on the 
retired list with the highest grade satisfactorily held by that officer 
while on active duty including active duty pursuant to recall, under 
permanent or temporary appointment, and shall receive retired 
pay based on such highest grade, i
f
— 
(1) the officer's performance of duty in such highest grade 
has been satisfactory, as determined by the Secretary of the 
department or departments under whose jurisdiction the officer 
served; and 
(2) unless retired for disability, the officer's length of service 
in such highest grade is no less than that required by the 
Secretary of officers retiring under permanent appointment 
in that grade. 
33 use 3047. 
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 r£ink and with the 
highest retired pay to which the officer is entitled under any other 
provision of law. 
33 use 3048. 
SEC. 248. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF RETIRE-
MENT. 
The provisions of subchapter IV of chapter 36 of title 10, 
United States Code, relating to continuation on active duty and 
deferral of retirement shall apply to commissioned officers of the 
Administration. 
33 use 3049. 
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 
33 use 3061. 
SEC. 251. COOPERATION WITH AND TRANSFER TO MILITARY DEPART-
MENTS. 
(a) TRANSFERS OF RESOURCES AND OFFICERS DURING NATIONAL 
EMERGENCY.— 
(1) TRANSFERS AUTHORIZED.—The President may, whenever 
in the judgment of the President a sufficient national emergency 
exists, transfer to the service and jurisdiction of a military 
department such vessels, equipment, stations, and officers of 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3091 
the Administration as the President considers to be in the 
best interest of the country. 
(2) 
RESPONSIBILITY 
FOR 
FUNDING 
OF 
TRANSFERRED 
RESOURCES AND OFFICERS.—^After any such transfer all expenses 
connected therewith shall be defrayed out of the appropriations 
for the department to which the transfer is made. 
(3) RETURN OF TRANSFERRED RESOURCES AND OFFICERS.— 
Such transferred vessels, equipment, stations, and officers shall 
be returned to the Administration when the nationsd emergency 
ceases, in the opinion of the President. 
(4) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed as transferring the Administration or any of its 
functions from the Department of Commerce except in time 
of national emergency and to the extent provided in this section. 
(b) LIMITATION ON TRANSFER OF OFFICERS.—This section does 
not authorize the transfer of an officer of the Administration to 
a military department if the accession or retention of that officer 
in that military department is otherwise not authorized by law. 
(c) STATUS OF TRANSFERRED OFFICERS-^AU officer of 
the 
Administration transferred under this section, shall, while under 
the jurisdiction of a military department, have proper military 
status and shall be subject to the laws, regulations, and orders 
for the government of the Army, Navy, or Air Force, as the case 
may be, insofar as the same may be applicable to persons whose 
retention permanently in the military service of the United States 
is not contemplated by law. 
SEC. 252. RELATIVE RANK OF OFFICERS WHEN SERVING WITH ARMY, 33 USC 3062. 
NAVY, OR AIR FORCE. 
When serving with the Army, Navy, or Air Force, an officer 
of the Administration shall rank with and after officers of cor-
responding grade in the Army, Navy, or Air Force of the same 
length of service in grade. Nothing in this subtitle shall be construed 
to affect or alter an officer's rates of pay and allowances when 
not assigned to military duty. 
SEC. 253. RULES AND REGULATIONS WHEN COOPERATING WITH MILI- 33 USC 3063. 
TARY DEPARTMENTS. 
(a) JOINT REGULATIONS.—The Secretary of Defense and the 
Secretary of Commerce shall jointly prescribe regulations— 
(1) governing the duties to be performed by the Administra-
tion in time of war; and 
(2) providing for the cooperation of the Administration with 
the military departments in time of peace in preparation for 
its duties in time of war. 
(b) APPROVAL.—Regulations under subsection (a) shall not be 
effective unless approved by each of those Secretaries. 
(c) COMMUNICATIONS.—Regulations under subsection (a) may 
provide procedures for making reports and communications between 
a military department and the Administration. 
Subtitle E—Rights and Benefits 
SEC 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 33 USC 3071. 
UNITED STATES CODE. 
(a) PROVISIONS MADE APPLICABLE TO THE CORPS.—The rules 
of law that apply to the Armed Forces under the following provisions 
116 STAT. 3092 
PUBLIC LAW 107-372—DEC. 19, 2002 
of title 10, United States Code, as those provisions are in effect 
from time to time, apply also to the commissioned officer corps 
of the Administration: 
(1) Chapter 40, relating to leave. 
(2) Section 533(b), relating to constructive service. 
(3) Section 716, relating to transfers between the armed 
forces and to and from National Oceanic and Atmospheric 
Administration. 
(4) Section 1035, relating to deposits of savings. 
(5) Section 1036, relating to transportation and travel 
allowances for escorts for dependents of members. 
(6) Section 1052, relating to reimbursement for adoption 
expenses. 
(7) Section 1174a, relating to special separation benefits 
(except that benefits under subsection (b)(2)(B) of such section 
are subject to the availability of appropriations for such purpose 
and are provided at the discretion of the Secretary of Com-
merce). 
(8) Chapter 61, relating to retirement or separation for 
physical disability. 
(9) Chapter 69, relating to retired grade, except sections 
1370, 1375, and 1376. 
(10) Chapter 71, relating to computation of retired pay. 
(11) Chapter 73, relating to annuities based on retired 
or retainer pay. 
(12) Subchapter II of chapter 75, relating to death benefits. 
(13) Section 2634, relating to transportation of motor 
vehicles for members on permanent change of station. 
(14) Sections 2731 and 2735, relating to property loss 
incident to service. 
(15) Section 2771, relating to final settlement of accounts 
of deceased members. 
(16) Such other provisions of subtitle A of that title as 
may be adopted for applicability to the commissioned officer 
corps of the National Oceanic and Atmospheric Administration 
by any other provision of law. 
(b) REFERENCES.—The authority vested by title 10, United 
States Code, in the "military departments", "the Secretary con-
cerned", or "the Secretary of Defense" with respect to the provisions 
of law referred to in subsection (a) shall be exercised, with respect 
to the commissioned officer corps of the Administration, by the 
Secretary of Commerce or the Secretary's designee. 
33 use 3072. 
SEC. 262. ELIGIBILITY FOR VETERANS BENEFITS AND OTHER RIGHTS, 
PRIVILEGES, IMMUNITIES, AND BENEFITS UNDER CER-
TAIN PROVISIONS OF LAW. 
(a) IN GENERAL.—^Active service of officers of the Administration 
shall be deemed to be active military service for the purposes 
of all rights, privileges, immunities, and benefits under the fol-
lowing: 
(1) Laws administered by the Secretary of Veterans Affairs. 
(2) The Soldiers' and Sailors' Civil Relief Act of 1940 (50 
App. U.S.C. 501 et seq.). 
(3) Section 210 of the Social Security Act (42 U.S.C. 410), 
as in effect before September 1, 1950. 
(b) EXERCISE OF AUTHORITY.—In the administration of the laws 
and regulations referred to in subsection (a), with respect to the 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3093 
Administration, the authority vested in the Secretary of Defense 
and the Secretaries of the mihtary departments and their respective 
departments shall be exercised by the Secretary of Commerce. 
SEC. 263. MEDICAL AND DENTAL CARE. 
33 USC 3073. 
The Secretary may provide medical and dental care, including 
care in private facilities, for personnel of the Administration entitled 
to that care by law or regulation. 
SEC. 264. COMMISSARY PRIVILEGES. 
33 USC 3074. 
(a) EXTENSION OF PRIVILEGE.—Commissioned officers, ships' 
officers, and members of crews of vessels of the Administration 
shall be permitted to purchase commissary and quartermaster sup-
plies 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 EQUIP-
MENT.—The Secretary may purchase ration supplies for messes, 
stores, uniforms, accouterments, and related equipment for sale 
aboard ship and shore stations of the Administration to members 
of the uniformed services and to personnel assigned to such ships 
or shore stations. Sales shall be in accordance with regulations 
prescribed by the Secretary, and proceeds therefrom shall, as far 
as is practicable, fully reimburse the appropriations charged without 
regard to fiscal year. 
(c) SURVIVING SPOUSES' RIGHTS.—Rights extended to members 
of the uniformed services in this section are extended to their 
surviving spouses and to such others as are designated by the 
Secretary concerned. 
SEC. 265. AUTHORITY TO USE APPROPRIATED FUNDS FOR TRANSPOR- 33 USC 3075. 
TATION AND REIMBURSEMENT OF CERTAIN ITEMS. 
(a) TRANSPORTATION OF EFFECTS OF DECEASED OFFICERS.— 
In the case of £in officer who dies on active duty, the Secretary 
may provide, from appropriations made available to the Administra-
tion, transportation (including packing, unpacking, crating, and 
uncrating) of personal and household effects of that officer to the 
official residence of record of that officer. However, upon application 
by the dependents of such an officer, such transportation may 
be provided to such other location as may be determined by the 
Secretary. 
(b) REIMBURSEMENT FOR SUPPLIES FURNISHED BY OFFICERS TO 
DISTRESSED AND SHIPWRECKED PERSONS.—Under regrilations pre-
scribed by the Secretary, appropriations made available to the 
Administration may be used to reimburse an officer for food, 
clothing, medicines, and other supplies furnished by the officer— 
(1) for the temporary relief of distressed persons in remote 
localities; or 
(2) to shipwrecked persons who are temporarily provided 
for by the officer. 
SEC. 266. PRESENTATION OF UNITED STATES FLAG UPON RETIRE- 
33 USC 3076. 
MENT. 
(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 AUTHORIZED.—^An officer is 
not eligible for presentation of a flag under subsection (a) if the 
116 STAT. 3094 
PUBLIC LAW 107-372—DEC. 19, 2002 
officer has previously been presented 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 Commissioned 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) Pubhc 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 enlisted personnel of 
the Army, Navy, Marine Corps, Coast Guard, Coast and Greo-
detic Survey, and Public Health Service", enacted May 18, 
1920 (33 U.S.C. 864). 
(7) Section 636(a)(17) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2396(a)(17)). 
SEC. 272. CONFORMING AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Section 1406(g) of title 
10, United States Code, is amended by 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 Survey Commissioned Officers' Act of 1948" 
and inserting "the National Oceanic and Atmospheric Administra-
tion Commissioned Officer Corps Act of 2002". 
Fisheries 
TITLE III—VARIOUS FISHERIES 
ConservaUon Act 
C O N S E R V A T I O N 
R E A U T H O R I Z A T I O N S 
16 use 757a 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Fisheries Conservation Act 
of 2002". 
SEC. 302. REAUTHORIZATION AND AMENDMENT OF THE INTERJURIS-
DICTIONAL FISHERIES ACT OF 1986. 
(a) REAUTHORIZATION.—Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is amended— 
(1) by amending subsection (a) to read as follows: 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3095 
"(a) GENERAL APPROPRIATIONS.—There are authorized 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; 
£Uld 
"(2) $5,900,000 for each of fiscal years 2005 and 2006."; 
and 
(2) in subsection (c) by striking "$700,000 for fiscal year 
1997, and $750,000 for each of the fiscal years 1998, 1999, 
and 2000" and inserting "$850,000 for each of fiscal years 
2003 and 2004, and $900,000 for each of fiscal years 2005 
and 2006". 
(b) PURPOSES OF THE INTERJURISDICTIONAL FISHERIES ACT OF 
1986.—Section 302 of the Interjurisdictional Fisheries Act of 1986 
(16 U.S.C. 4101) is amended by striking "and" after the semicolon 
at the end of paragraph (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 ecosystems and interspecies 
approaches to the conservation and management of interjuris-
dictional fishery resources throughout their range.". 
SEC. 303. REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS 
FISH CONSERVATION ACT. 
(a) REAUTHORIZATION.—Section 4 of the Anadromous Fish Con-
servation Act (16 U.S.C. 757d) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 4. (a)(1) There are authorized to be appropriated to carry 
out the purposes of this Act not to exceed the following stmas: 
"(A) $4,750,000 for each of fiscal years 2003 and 2004; 
and 
"(B) $5,000,000 for each of fiscal years 2005 and 2006. 
"(2) Sums appropriated under this subsection are authorized 
to remain available until expended. 
"(b) Not more than $625,000 of the funds appropriated 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 sec-
tion of the Anadromous Fish Conservation Act (16 U.S.C. 757a) 
is amended in subsection (b) by inserting "(1)" after "(b)", and 
by adding at the end the following: 
"(2) In carrying out responsibilities under this section, the 
Secretary shall conduct, promote, and encourage research in 
preparation for the implementation of the use of ecosystems and 
interspecies approaches to the conservation 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: 
116 STAT. 3096 
PUBLIC LAW 107-372—DEC. 19, 2002 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 10. (a) IN GENERAL.—There are authorized to be appro-
priated to carry out this Act, including use for payment of the 
United States share of the joint expenses of the Commission as 
provided in Article X of the Convention, 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 species working groups 
established under section 4A; and 
"(2) $4,240,000 are authorized for research activities under 
this Act and the Act of September 4, 1980 (16 U.S.C. 971i).". 
SEC. 305. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISH-
ERIES CONVENTION ACT OF 1995. 
Section 211 of the Northwest Atlantic Fisheries Convention 
Act of 1995 (16 U.S.C. 5610) is amended by striking "2001" and 
inserting "2006". 
SEC. 306. EXTENSION OF DEADLINE. 
(a) EXTENSION OF DEADLINE.—The Oceans Act of 2000 (Public 
Law 106-256) is amended— 
33 use 857-19 
(1) in section 3(i) (114 Stat. 648) by striking "30 days" 
note. 
and inserting "90 days"; and 
(2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note) 
by striking "120 days" and inserting "90 days". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3(j) of such 
33 use 857-19 
Act (114 Stat. 648) is amended by striking "$6,000,000" and 
note. 
inserting "$8,500,000". 
(c) TECHNICAL CORRECTIONS.—Section 3(e) of such Act (114 
33 use 857-19 
Stat. 646) is amended— 
note. 
(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 DOCU-
MENTS.—"; and 
(3) by redesignating the subsequent paragraphs in order 
as paragraphs (3) £ind (4), respectively. 
TITLE IV—MISCELLANEOUS 
SEC 401. CHESAPEAKE BAY OFFICE. 
(a) REAUTHORIZATION OF OFFICE.—Section 307 of the National 
Oceanic and Atmospheric Administration Authorization 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 Commerce shall 
establish, within the National Oceanic and Atmospheric Administra-
tion, 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 consultation with the 
Chesapeake Executive Council. Any individueJ appointed as 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3097 
Director shall have knowledge and experience in research or 
resource management efforts in the Chesapeake Bay. 
"(3) The Director may appoint such additional personnel for 
the Office as the Director determines necessary to carry out this 
section. 
"(b) FUNCTIONS.—The Office, in consultation with the Chesa-
peake Executive Council, shall— 
"(1) provide technical assistance to the Administrator, to 
other Federal departments and agencies, and to State and 
local government agencies in— 
"(A) assessing the processes that shape the Chesapeake 
Bay system and affect its living resources; 
"(B) identifying technical and management alternatives 
for the restoration and protection of living resources and 
the habitats they depend upon; and 
"(C) monitoring the implementation £uid 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 responsibilities of the Secretary of Commerce in 
such a manner as to assist the cooperative, intergovernmental 
Chesapesike Bay Program to meet the commitments of the 
Chesapeake Bay Agreement; 
"(3) coordinate the programs and activities of the vsirious 
orgEuiizations within the National Oceanic and Atmospheric 
Administration, the Chesapeake Bay Regional Sea Grant Pro-
grams, and the Chesapeake Bay units of the National Estuarine 
Research Reserve System, including— 
"(A) programs and activities in— 
"(i) coastal and estuarine research, monitoring, and 
assessment; 
"(ii) fisheries research and stock assessments; 
"(iii) data management; 
"(iv) remote sensing; 
"(v) coastal management; 
"(vi) habitat conservation and restoration; and 
"(vii) atmospheric deposition; and 
"(B) programs and activities of the Cooperative Oxford 
Laboratory of the National Ocean Service with respect 
to— 
"(i) nonindigenous species; 
"(ii) estuarine and marine species pathology; 
"(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 Environ-
mental Protection Agency and other Federal, State, and local 
agencies; 
"(5) establish an effective mechanism which shall ensure 
that projects have undergone appropriate peer review and pro-
vide other appropriate means to determine that projects have 
acceptable scientific and technical merit for the purpose of 
achieving maximimi utilization of available funds and resources 
to benefit the Chesapeake Bay area; 
116 STAT. 3098 
PUBLIC LAW 107-372—DEC. 19, 2002 
"(6) remain cognizant of ongoing research, monitoring, and 
management projects and assist in the dissemination of the 
results and findings of those projects; and 
Reports. 
"(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, monitoring, and 
data collection activities necessary to continue implementa-
tion of the strategy described in paragraph (2); and 
"(B) proposals for— 
"(i) continuing any new National Oceanic and 
Atmospheric Administration activities in the Chesa-
peake Bay; and 
"(ii) the integration of those activities with the 
activities of the partners in the Chesapeake Bay Pro-
gram to meet the commitments of the Chesapeake 
2000 agreement and subsequent agreements. 
"(c) CHESAPEAKE BAY FISHERY AND HABITAT RESTORATION 
SMALL WATERSHED GRANTS PROGRAM.— 
"(1) IN GENERAL.—The Director of the Chesapeake Bay 
Office of the National Oceanic and Atmospheric Administration 
(in this section referred to as the 'Director'), in cooperation 
with the Chesapeake Executive Council, shall carry out a 
commiuiity-based fishery and habitat restoration small grants 
and technical assistance program in the Chesapeake Bay water-
shed. 
"(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 para-
graph (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 subsection include— 
"(i) the improvement of fish passageways; 
"(ii) the creation of natural or artificial reefs or 
substrata for habitats; 
"(iii) the restoration of wetland or sea grass; 
"(iv) the production of oysters for restoration 
projects; and 
"(v) the prevention, identification, and control of 
nonindigenous species. 
"(3) ELIGIBLE ENTITIES.—The following entities are eligible 
to receive grants under this subsection: 
"(A) The government of a political subdivision of a 
State in the Chesapeake Bay watershed, and the govern-
ment of the District of Columbia. 
"(B) An organization in the Chesapeake Bay watershed 
(such as an educational institution or a community 
organization)— 
"(i) that is described in section 501(c) of the 
Internal Revenue Code of 1986 and is exempt fi-om 
taxation under section 501(a) of that Code; and 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3099 
"(ii) that will administer such grants in coordina-
tion with a government referred to in subparagraph 
(A). 
"(4) ADDITIONAL REQUIREMENTS.—The Director may pre-
scribe any additional requirements, including procedures, that 
the Director considers necessary to carry out the program under 
this subsection. 
"(d) CHESAPEAKE EXECUTIVE COUNCIL.—For purposes of this 
section, 'Chesapeake Executive Council' means the representatives 
from the Commonwealth of Virginia, the State of Maryland, the 
Commonwealth of Pennsylvania, the Environmental Protection 
Agency, the District of Columbia, and the Chesapeake Bay Commis-
sion, who are signatories to the Chesapeake Bay Agreement, and 
any futiu-e signatories to that Agreement. 
"(e) AUTHORIZATION OF APPROPRL\TIONS.—There is authorized 
to be appropriated to the Department of Commerce for the Chesa-
peake Bay Office $6,000,000 for each of fiscal years 2002 through 
2006.". 
(b) CONFORMING AMENDMENT.—Section 2 of the National Oce-
anic 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.— 
15 use isiid 
(1) IN GENERAL.—Not later than 180 days after the date note 
of enactment of this Act, the Director of the Chesapeake Bay l^eadiine. 
Office of the National Oceanic and Atmospheric Administration 
shall begin a 5-year study, in cooperation with the scientific 
community of the Chesapeake Bay, appropriate State and inter-
state resource management entities, and appropriate Federal 
agencies— 
(A) to determine and expand the understanding of 
the role and response of living resources in the Chesapeake 
Bay ecosystem; and 
(B) to develop a multiple species management strategy 
for the Chesapeake Bay. 
(2) REQUIRED ELEMENTS OF STUDY.—In order to improve 
the understanding necessary for the development 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 
tributEu^es and are selected for study; 
(B) evaluate and assess interactions among the fish 
and shellfish referred to in subparagraph (A) and other 
living resources, with particular attention to the impact 
of changes within and among trophic levels; and 
(C) recommend management actions to optimize the 
return of a healthy and balanced ecosystem for the Chesa-
peake Bay. 
SEC. 402. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALI-
FORNIA. 
(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 accord-
ance 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 
116 STAT. 3100 
PUBLIC LAW 107-372—DEC. 19, 2002 
States in the balance of the National Oceanic and Atmospheric 
Administration property known as the Tiburon Laboratory, located 
in Tiburon, California, as described in Exhibit A of the notarized, 
revocable license between the Administration and Romberg Tiburon 
Center for Environmental Studies at San Francisco State University 
dated November 5, 2001 (Hcense number 01ABF779-N). 
(b) CONDITIONS.—^As a condition of any conveyance by the Sec-
retary under this section the Secretary shall require the following: 
(1) The property conveyed shall be administered by the 
Romberg Tiburon Center for Environmental Studies at San 
Francisco State University and used only for the following 
purposes: 
(A) To enhance estuarine scientific research 
and 
estuary restoration activities within San Francisco Bay. 
(B) To administer and coordinate management activi-
ties at the San Francisco Bay National Estuarine Research 
Reserve. 
(C) To conduct education and interpretation and out-
reach activities to enhance public awareness and apprecia-
tion of estuary resources, and for other purposes. 
(2) The Board shall— 
(A) tEike title to the property as is; 
(B) assume full responsibility for all facility mainte-
nance and repair, security, fire prevention, utilities, signs, 
and grounds maintenance; 
(C) allow the Secretary to have EJI necessary ingress 
and egress over the property of the Board to access Depart-
ment of Commerce building and related facilities, equip-
ment, improvements, modifications, and alterations; and 
(D) not erect or allow to be erected any structure 
or structures or obstruction of whatever 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 
Secretary to the Board. 
(c) RETAINED INTERESTS.—The Secretary shall retain 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, 
improvements, modifications, or alterations made by the Sec-
retary; 
(2) rights-of-way and easements that are determined by 
the Secretary to be reasonable and convenient to ensiu-e all 
necessary ingress, egress, utilities, drainage, and sewage dis-
posal for the property retained under paragraph (1), including 
access to the existing boat launch ramp (or equivalent) and 
parking that is suitable to the Secretary; 
(3) the exclusive right to install, maintain, repair, replace, 
and remove its facilities, fixtures, and equipment on the 
retained property, and to authorize other persons to take any 
such action; 
(4) the right to grade, condition, and install drainage facili-
ties, and to seed soil on the retained property, if necessary; 
and 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3101 
(5) the right to remove all obstructions from the retained 
property that may constitute a hindrance to the establishment 
and maintenance of the retained property. 
(d) EQUIVALENT ALTERNATIVE.— 
(1) IN GENERAL.—^At any time, either the Secretary 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 
equivalent in function to the property retained under subsection 
(c) that is acceptable to the Secretary. 
(2) LOCATION.—Property conveyed by the Board under this 
subsection is not required to be located on the property referred 
to in subsection (a). 
(3) COSTS.—If the Secretary and the Board engage in a 
property exchange under this subsection, all costs for repair, 
removal, and moving of facilities, equipment, fixtures, improve-
ments, modifications, or alterations, including power, control, 
and utilities, that are necessary for the exchange— 
(A) shall be the responsibility of the Secretary, if the 
action to seek an equivalent alternative was requested 
by the Secretary in response to factors unrelated to the 
activities of the Board or its operatives in the operation 
of its facilities; or 
(B) shall be the responsibility of the Board, if the 
Secretary's request for an equivalent alternative was in 
response to changes or modifications made by the Board 
or its operatives that adversely affected the Secretary'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 remediated, at its 
sole cost, all hazardous or toxic substance 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 contami-
nation found on the property conveyed under subsection 
(a) that are not directly attributable to the installation, 
operation, or maintenance of the Secretary's facilities, 
equipment, fixtures, improvements, modifications, or alter-
ations; 
(2) the Secretary shall remediate, at the sole cost of the 
United States, all hazardous or toxic substance contamination 
on the property retained under subsection (c) that is found 
to have occurred as a direct result of the installation, operation, 
or maintenance of the Secretary's facilities, equipment, fixtures, 
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; 
99-194 O - 03 -- 22A: QL 3 Part 4 
116 STAT. 3102 
PUBLIC LAW 107-372—DEC. 19, 2002 
(B) remove facilities, equipment, fixtures, improve-
ments, modifications, or alterations and restore the prop-
erty to as good a condition as existed at the time the 
property was retained under subsection (c), taking into 
account ordinary wear and tear and exposure to natural 
elements or phenomena; or 
(C) surrender 
all facilities, 
equipment, 
fixtures, 
improvements, modifications, or alterations to the Board 
in lieu of restoration, whereupon title shall vest in the 
Board of Trustees, and whereby all obligations of restora-
tion 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 PROPERTY.—^Any property 
that reverts to the United States under this subsection shall 
be under the administrative jurisdiction of the Administrator 
of General Services. 
(3) ANNUAL CERTIFICATION.—One year after the date of 
a conveyance made pursuant to subsection (a), and annually 
thereafter, the Board shall certify to the Administrator of Gen-
eral Services or his or her designee that the Board and its 
designees are in compliance with the conditions of conveyance 
under subsections (b) and (e). 
(g) DEFINITIONS.—In this section: 
(1) BOARD.—The term "Board" means the Board of Trustees 
of the California State University. 
(2) CENTER.—The term "Center" means the Romberg 
Tiburon Center for Environmental Studies at San Francisco 
State University. 
(3) SECRETARY.—The term "Secretary" means the Secretsiry 
of Commerce. 
16 use 916c 
SEC. 
403. EMERGENCY ASSISTANCE FOR 
SUBSISTENCE WHALE 
note. 
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 waters off the coast of Alaska 
is authorized, if such towing is performed upon a request for emer-
gency assistance made by a subsistence whale hunting organization 
formally recognized by an agency of the United States Government, 
PUBLIC LAW 107-372—DEC. 19, 2002 
116 STAT. 3103 
or made by a member of such an organization, to prevent the 
loss of a whale. 
Approved December 19, 2002. 
LEGISLATIVE HISTORY—H.R. 4883: 
HOUSE REPORTS: No. 107-621 (Coram, on Resources). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Nov. 14, considered and passed House. 
Nov. 20, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Dec. 19, Presidential statement.