[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4882 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4882

      To revise and modernize the provisions of law governing the 
  commissioned officer corps of the National Oceanic and Atmospheric 
                            Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2002

   Mr. Young of Alaska (for himself, Mr. Gilchrest, and Mr. Saxton) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
      To revise and modernize the provisions of law governing the 
  commissioned officer corps of the National Oceanic and Atmospheric 
                            Administration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Oceanic 
and Atmospheric Administration Commissioned Officer Corps Act of 
2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Commissioned officer corps.
Sec. 102. Definitions.
Sec. 103. Authorized number on the active list.
Sec. 104. Strength and distribution in grade.
Sec. 105. Authorized number for fiscal years 2003 through 2008.
            TITLE II--APPOINTMENT AND PROMOTION OF OFFICERS

Sec. 201. Original appointments.
Sec. 202. Personnel boards.
Sec. 203. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 204. Promotion by selection to permanent grades above lieutenant 
                            (junior grade).
Sec. 205. Length of service for promotion purposes.
Sec. 206. Appointments and promotions to permanent grades.
Sec. 207. General qualification of officers for promotion to higher 
                            permanent grade.
Sec. 208. Positions of importance and responsibility.
Sec. 209. Temporary appointments and promotions generally.
Sec. 210. Temporary appointment or advancement of commissioned officers 
                            in time of war or national emergency.
Sec. 211. Pay and allowances; date of acceptance of promotion.
Sec. 212. Service credit as deck officer or junior engineer for 
                            promotion purposes.
Sec. 213. Suspension during war or emergency.
            TITLE III--SEPARATION AND RETIREMENT OF OFFICERS

Sec. 301. Involuntary retirement or separation.
Sec. 302. Separation pay.
Sec. 303. Mandatory retirement for age.
Sec. 304. Retirement for length of service.
Sec. 305. Computation of retired pay.
Sec. 306. Retired grade and retired pay.
Sec. 307. Retired rank and pay held pursuant to other laws unaffected.
Sec. 308. Continuation on active duty; deferral of retirement.
Sec. 309. Recall to active duty.
      TITLE IV--SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

Sec. 401. Cooperation with and transfer to military departments.
Sec. 402. Relative rank of officers when serving with Army, Navy, or 
                            Air Force.
Sec. 403. Rules and regulations when cooperating with military 
                            departments.
                      TITLE V--RIGHTS AND BENEFITS

Sec. 501. Applicability of certain provisions of title 10, United 
                            States Code.
Sec. 502. Eligibility for veterans benefits and other rights, 
                            privileges, immunities, and benefits under 
                            certain provisions of law.
Sec. 503. Medical and dental care.
Sec. 504. Commissary privileges.
Sec. 505. Authority to use appropriated funds for transportation and 
                            reimbursement of certain items.
Sec. 506. Presentation of United States flag upon retirement.
              TITLE VI--REPEALS AND CONFORMING AMENDMENTS

Sec. 601. Repeals.
Sec. 602. Conforming amendments.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. COMMISSIONED OFFICER CORPS.

    There shall be in the National Oceanic and Atmospheric 
Administration a commissioned officer corps.

SEC. 102. DEFINITIONS.

    (a) Applicability of Definitions in Title 10, United States Code.--
Except as provided in subsection (b), the definitions provided in 
section 101 of title 10, United States Code, apply to the provisions of 
this Act.
    (b) Additional Definitions.--In this Act:
            (1) Active duty.--The term ``active duty'' means full-time 
        duty in the active service of a uniformed service.
            (2) Grade.--The term ``grade'' means a step or degree, in a 
        graduated scale of office or rank, that is established and 
        designated as a grade by law or regulation.
            (3) Officer.--The term ``officer'' means an officer of the 
        commissioned corps.
            (4) Flag officer.--The term ``flag officer'' means an 
        officer serving in, or having the grade of, vice admiral, rear 
        admiral, or rear admiral (lower half).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (6) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.

SEC. 103. AUTHORIZED NUMBER ON THE ACTIVE LIST.

    (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. 104. STRENGTH AND DISTRIBUTION IN GRADE.

    (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 lieutenant (junior grade).
            (6) 18 in the grade of ensign.
    (b) Computation of Number in Grade.--
            (1) In general.--Subject to paragraph (2), whenever a final 
        fraction occurs in computing the authorized number of officers 
        in a grade, the nearest whole number shall be taken, and if the 
        fraction is one-half the next higher whole number shall be 
        taken.
            (2) Limitation on increase in total 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 authorized 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 vacancy or as 
prohibiting additional numbers in any grade to compensate for vacancies 
existing in higher grades.
    (e) Temporary Increase in Numbers.--The total number of officers 
authorized by law to be on the lineal list during a fiscal year may be 
temporarily exceeded so long as the average number on that list during 
that fiscal year does not exceed the authorized number.

SEC. 105. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2008.

    There are authorized to be not less than 264 and not more than 299 
officers on the lineal list of the commissioned corps of the National 
Oceanic and Atmospheric Administration for each of fiscal years 2003 
through 2008.

            TITLE II--APPOINTMENT AND PROMOTION OF OFFICERS

SEC. 201. ORIGINAL APPOINTMENTS.

    (a) In General.--
            (1) Grades.--Original appointments may be made in the 
        grades of ensign, lieutenant (junior grade), and lieutenant.
            (2) Qualifications.--Under regulations 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 
                Secretary may prescribe by regulation.
            (3) Examination.--A person may be given such an appointment 
        only after passage of a mental and physical examination given 
        in accordance with regulations prescribed by the Secretary.
            (4) Revocation of commission of officers found not 
        qualified.--The President may revoke the commission of any 
        officer appointed under this section during the officer's first 
        three years of service if the officer is found not qualified 
        for the service. Any such revocation shall be made under 
        regulations prescribed by the President.
    (b) Lineal List.--Each person appointed under this section shall be 
placed on the lineal list in a position 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, 1\1/2\ years of 
        service.
            (2) Higher credit under other law.--If a person appointed 
        under this section is entitled to credit for the purpose of 
        basic pay under any other provision of law that would exceed 
        the amount of credit authorized by paragraph (1), that person 
        shall be credited with that amount of service in lieu of the 
        credit authorized by paragraph (1).

SEC. 202. PERSONNEL BOARDS.

    (a) Convening.--At least once a year and at such other times as the 
Secretary determines necessary, the Secretary shall convene a personnel 
board. A personnel board shall consist of not less than five officers 
on the lineal list in the permanent grade of commander or above.
    (b) Duties.--Each personnel board shall--
            (1) recommend to the Secretary such changes in the lineal 
        list as the board may determine; and
            (2) make selections and recommendations to the Secretary 
        and President for the appointment, promotion, separation, 
        continuation, and retirement of officers as prescribed in this 
        title and title III.
    (c) Action on Recommendations Not 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. 203. PROMOTION OF ENSIGNS TO GRADE OF LIEUTENANT (JUNIOR GRADE).

    (a) In General.--An officer in the permanent grade of ensign shall 
be promoted to and appointed in the grade of lieutenant (junior grade) 
upon completion of three years of service. The authorized number of 
officers in the grade of lieutenant (junior grade) shall be temporarily 
increased as necessary to authorize such appointment.
    (b) Separation of Ensigns Found Not Fully Qualified.--If an officer 
in the permanent grade of ensign is at any time found not fully 
qualified, the officer's commission shall be revoked and the officer 
shall be separated from the commissioned service.

SEC. 204. PROMOTION BY SELECTION TO PERMANENT GRADES ABOVE LIEUTENANT 
              (JUNIOR GRADE).

    Promotion to fill vacancies in each permanent grade above the grade 
of lieutenant (junior grade) shall be made  by selection from the next 
lower grade upon recommendation of the personnel board.

SEC. 205. LENGTH OF SERVICE FOR PROMOTION PURPOSES.

    (a) General Rule.--Each officer shall be assumed to have, for 
promotion purposes, at least the same length of service as any other 
officer below that officer on the lineal list.
    (b) Exception.--Notwithstanding subsection (a), an officer who has 
lost numbers shall be assumed to have, for promotion purposes, no 
greater service than the officer next above such officer in such 
officer's new position on the lineal list.

SEC. 206. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.

    Appointments in and promotions to all permanent grades shall be 
made by the President, by and with the advice and consent of the 
Senate.

SEC. 207. GENERAL QUALIFICATION OF OFFICERS FOR PROMOTION TO HIGHER 
              PERMANENT GRADE.

    No officer may be promoted to a higher permanent grade on the 
active list until the officer has passed a satisfactory mental and 
physical examination in accordance with regulations prescribed by the 
Secretary.

SEC. 208. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

    (a) Designation of Positions.--The Secretary may designate 
positions in the Administration as being positions of importance and 
responsibility for which it is appropriate that officers of the 
Administration, if serving in those 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 Positions.--The Secretary 
may assign officers to positions designated under subsection (a).
    (c) Director of NOAA Corps.--The Secretary shall designate one 
position under this section as the Director of the commissioned corps, 
to be filled by an officer on the lineal list serving in or above the 
grade of rear admiral (lower half). The Director shall be responsible 
for administration of the officers, and for oversight of the operation 
of the vessel fleet, of the Administration.
    (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 
        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 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.

SEC. 209. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.

    (a) Ensign.--Temporary appointments in the grade of ensign may be 
made by the President alone. Each such temporary appointment terminates 
at the close of the next regular session of the Congress unless the 
Senate sooner gives its advice and consent to the appointment.
    (b) Lieutenant (Junior Grade).--Officers in the permanent grade of 
ensign may be temporarily promoted to and appointed in the grade of 
lieutenant (junior grade) by the President alone whenever vacancies 
exist in higher grades.
    (c) Any One Grade.--When determined by the 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. 210. TEMPORARY APPOINTMENT OR ADVANCEMENT OF COMMISSIONED OFFICERS 
              IN TIME OF WAR OR NATIONAL EMERGENCY.

    (a) In General.--Officers of the Administration shall be subject in 
like manner and to the same extent as personnel of the Navy to all laws 
authorizing temporary appointment or advancement of commissioned 
officers in time of war or national emergency.
    (b) Limitations.--Subsection (a) shall be applied subject to the 
following limitations:
            (1) A commissioned officer in the service of a military 
        department under section 401 may, upon the recommendation of 
        the Secretary of the military department concerned, be 
        temporarily promoted to a higher rank or grade.
            (2) A commissioned officer in the service of the 
        Administration may be temporarily promoted to fill vacancies in 
        ranks and grades caused by the transfer of commissioned 
        officers to the service and jurisdiction of a military 
        department under section 401.
            (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 
        temporary appointments may not exceed the number of officers 
        transferred to a military department under section 401.

SEC. 211. PAY AND ALLOWANCES; DATE OF ACCEPTANCE OF PROMOTION.

    (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 
        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 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.

SEC. 212. SERVICE CREDIT AS DECK OFFICER OR JUNIOR ENGINEER FOR 
              PROMOTION PURPOSES.

    For purposes of promotion, there shall be counted in addition to 
active commissioned service, service as deck officer or junior 
engineer.

SEC. 213. SUSPENSION DURING WAR OR EMERGENCY.

    In time of emergency declared by the President or by the Congress, 
and in time of war, the President is 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.

            TITLE III--SEPARATION AND RETIREMENT OF OFFICERS

SEC. 301. INVOLUNTARY RETIREMENT OR SEPARATION.

    (a) Transfer of Officers to Retired List; Separation From 
Service.--As recommended by a personnel board convened under section 
202--
            (1) an officer in the permanent grade of captain or 
        commander may be transferred to the retired list; and
            (2) an officer in the permanent grade of lieutenant 
        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 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.

SEC. 302. SEPARATION PAY.

    (a) Authorization of Payment.--An officer who is separated under 
section 301(a)(2) and who has completed more than three years of 
continuous active service immediately before that separation is 
entitled to separation 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 or 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 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 immediately before that separation, the amount 
        of separation pay to be paid to the officer under this section 
        is one-half of the amount computed under paragraph (1).
    (c) Other Conditions, Requirements, and Administrative 
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. 303. MANDATORY RETIREMENT FOR AGE.

    (a) Officers Below Grade of Rear Admiral (Lower Half).--Unless 
retired or separated earlier, each officer on the lineal list of the 
commissioned corps who is serving in a grade below the grade of rear 
admiral (lower half) shall be retired on the first day of the month 
following the month in which the officer becomes 62 years of age.
    (b) Flag Officers.--Notwithstanding subsection (a), the President 
may defer the retirement of an officer serving in a position that 
carries a grade above captain for such period as the President 
considers advisable, but such a deferment may not extend beyond the 
first day of the month following the month in which the officer becomes 
64 years of age.

SEC. 304. RETIREMENT FOR LENGTH OF SERVICE.

    An officer who has completed 20 years of service, of which at least 
10 years was service as a commissioned officer, may at any time 
thereafter, upon application by such officer and in the discretion of 
the President, be placed on the retired list.

SEC. 305. COMPUTATION OF RETIRED PAY.

    (a) Officers First Becoming Members Before September 8, 1980.--Each 
officer on the retired list who first became a member of a uniformed 
service before 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) 2\1/2\ percent of the number of years of service that 
        may be credited to the officer under section 1405 of such title 
        as if the officer's service were service as a member of the 
        Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired 
pay base.
    (b) Officers First Becoming Members on or After September 8, 
1980.--Each officer on the retired list who first became a member of a 
uniformed service on or after September 8, 1980, shall receive retired 
pay at the rate determined by multiplying--
            (1) the retired pay base determined under section 1407 of 
        title 10, United States Code; by
            (2) the retired pay multiplier determined under section 
        1409 of such title for the number of years of service that may 
        be credited to the officer under section 1405 of such title as 
        if the officer's service were service as a member of the Armed 
        Forces.
    (c) Treatment of Full and Fractional Parts of Months in Computing 
Years of Service.--
            (1) In general.--In computing the number of years of 
        service of an officer for the purposes of 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 \1/12\ of a year; and
                    (B) any remaining fractional part of a month shall 
                be disregarded.
            (2) Rounding.--Retired pay computed under this section, if 
        not a multiple of $1, shall be rounded to the next lower 
        multiple of $1.

SEC. 306. RETIRED GRADE AND RETIRED PAY.

    Each officer retired pursuant to law shall be placed on the retired 
list with the highest grade satisfactorily held by that officer while 
on active duty including active duty pursuant to recall, under 
permanent or temporary appointment, and shall receive retired pay based 
on such highest grade, if--
            (1) the officer's performance of duty in such highest grade 
        has been satisfactory, as determined by the Secretary of the 
        department or departments under whose jurisdiction the officer 
        served; and
            (2) unless retired for disability, the officer's length of 
        service in such highest grade is no less than that required by 
        the Secretary of officers retiring under permanent appointment 
        in that grade.

SEC. 307. RETIRED RANK AND PAY HELD PURSUANT TO OTHER LAWS UNAFFECTED.

    Nothing in this title shall prevent an officer from being placed on 
the retired list with the highest rank and with the highest retired pay 
to which the officer is entitled under any other provision of law.

SEC. 308. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF RETIREMENT.

    The provisions of subchapter IV of chapter 36 of title 10, United 
States Code, relating to continuation on active duty and deferral of 
retirement shall apply to commissioned officers of the Administration.

SEC. 309. RECALL TO ACTIVE DUTY.

    The provisions of chapter 39 of title 10, United States Code, 
relating to recall of retired officers to active duty, including the 
limitations on such recalls, shall apply to commissioned officers of 
the Administration.

      TITLE IV--SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS

SEC. 401. COOPERATION WITH AND TRANSFER TO MILITARY DEPARTMENTS.

    (a) In General.--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. After 
any such transfer all expenses connected therewith shall be defrayed 
out of the appropriations for the department to which the transfer is 
made. Such transferred vessels, equipment, stations, and officers shall 
be returned to the Administration when the national emergency ceases, 
in the opinion of the President. Nothing in this section shall be 
construed as transferring the Administration or any of its functions 
from the Department of Commerce except in time of national emergency 
and to the extent provided in this section.
    (b) Status of Transferred Officers.--An officer of the 
Administration transferred under this section, shall, while under the 
jurisdiction of a military department, have proper military status and 
shall be subject to the laws, regulations, and orders for the 
government of the Army, Navy, or Air Force, as the case may be, insofar 
as the same may be applicable to persons whose retention permanently in 
the military service of the United States is not contemplated by law.

SEC. 402. RELATIVE RANK OF OFFICERS WHEN SERVING WITH ARMY, NAVY, OR 
              AIR FORCE.

    When serving with the Army, Navy, or Air Force, an officer of the 
Administration shall rank with and after officers of corresponding 
grade in the Army, Navy, or Air Force of the same length of service in 
grade. Nothing in this title shall be construed to affect or alter an 
officer's rates of pay and allowances when not assigned to military 
duty.

SEC. 403. RULES AND REGULATIONS WHEN COOPERATING WITH MILITARY 
              DEPARTMENTS.

    (a) Joint Regulations.--The Secretary of Defense and the Secretary 
of Commerce shall jointly prescribe regulations--
            (1) governing the duties to be performed by the 
        Administration in time of war; and
            (2) providing for the cooperation of the 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.

                      TITLE V--RIGHTS AND BENEFITS

SEC. 501. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
              STATES CODE.

    (a) Provisions Made Applicable to the Corps.--The rules of law that 
apply to the Armed Forces under the following provisions of title 10, 
United States Code, as those provisions are in effect from time to 
time, apply also to the commissioned officer corps of the 
Administration:
            (1) Chapter 40, relating to leave.
            (2) Section 716, relating to transfers between the armed 
        forces and to and from National Oceanic and Atmospheric 
        Administration.
            (3) Section 1035, relating to deposits of savings.
            (4) Section 1036, relating to transportation and travel 
        allowances for escorts for dependents of members.
            (5) Section 1052, relating to reimbursement for adoption 
        expenses.
            (6) Section 1174a, relating to special separation benefits 
        (except that benefits under subsection (b)(2)(B) of such 
        section are subject to the availability of appropriations for 
        such purpose and are provided at the discretion of the 
        Secretary of Commerce).
            (7) Chapter 61, relating to retirement or separation for 
        physical disability.
            (8) Chapter 69, relating to retired grade, except sections 
        1370, 1375, and 1376.
            (9) Chapter 71, relating to computation of retired pay.
            (10) Chapter 73, relating to annuities based on retired or 
        retainer pay.
            (11) Subchapter II of chapter 75, relating to death 
        benefits.
            (12) Section 2634, relating to transportation of motor 
        vehicles for members on permanent change of station.
            (13) Sections 2731 and 2735, relating to property loss 
        incident to service.
            (14) Section 2771, relating to final settlement of accounts 
        of deceased members.
            (15) Such other provisions of subtitle A of that title as 
        may be adopted for applicability to the 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 concerned'', or 
``the Secretary of Defense'' with respect to the provisions of law 
referred to in subsection (a) shall be exercised, with respect to the 
commissioned officer corps of the Administration, by the Secretary of 
Commerce or the Secretary's designee.

SEC. 502. ELIGIBILITY FOR VETERANS BENEFITS AND OTHER RIGHTS, 
              PRIVILEGES, IMMUNITIES, AND BENEFITS UNDER CERTAIN 
              PROVISIONS OF LAW.

    (a) In General.--Active service of officers of the Administration 
shall be deemed to be active military service for the purposes of all 
rights, privileges, immunities, and benefits under the following:
            (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 
Administration, the authority vested in the Secretary of Defense and 
the Secretaries of the military departments and their respective 
departments shall be exercised by the Secretary of Commerce.

SEC. 503. MEDICAL AND DENTAL CARE.

    The Secretary may provide medical and dental care, including care 
in private facilities, for personnel of the Administration entitled to 
that care by law or regulation.

SEC. 504. COMMISSARY PRIVILEGES.

    (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 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 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. 505. AUTHORITY TO USE APPROPRIATED FUNDS FOR TRANSPORTATION AND 
              REIMBURSEMENT OF CERTAIN ITEMS.

    (a) Transportation of Effects of Deceased Officers.--In the case of 
an officer who dies on active duty, the Secretary may provide, from 
appropriations made available to the Administration, transportation 
(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 regulations prescribed 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. 506. PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT.

    (a) Presentation of Flag Upon Retirement.--Upon the release of a 
commissioned officer from active commissioned service for retirement, 
the Secretary shall present a United States flag to the officer.
    (b) Multiple Presentations Not Authorized.--An officer is not 
eligible for presentation of a flag under subsection (a) if the officer 
has previously been presented a flag under this section or any other 
provision of law providing for the presentation of a United States flag 
incident to release from active service for retirement.
    (c) No Cost to Recipient.--The presentation of a flag under this 
section shall be at no cost to the recipient.

              TITLE VI--REPEALS AND CONFORMING AMENDMENTS

SEC. 601. REPEALS.

    The following provisions of law are repealed:
            (1) The Coast and Geodetic Survey 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) Public Law 91-621 (33 U.S.C. 857-1 et seq.).
            (4) Section 16 of the Act of May 22, 1917 (33 U.S.C. 854, 
        855, 856, 857, and 858).
            (5) Section 1 of the Act of July 22, 1947 (33 U.S.C. 874).
            (6) The Act of August 6, 1947 (33 U.S.C. 883a et seq.).
            (7) Section 11 of the Act entitled ``An Act to increase the 
        efficiency of the commissioned and enlisted personnel of the 
        Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic 
        Survey, and Public Health Service'', enacted May 18, 1920 (33 
        U.S.C. 864).
            (8) Section 636(a)(17) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2396(a)(17)).

SEC. 602. CONFORMING AMENDMENTS.

    (a) Title 10, United States Code.--Section 1406(g) of title 10, 
United States Code, is amended by striking ``section 16 of the Coast 
and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 
853o)'' and inserting ``section 305 of the National Oceanic and 
Atmospheric Administration Commissioned Officers Act of 2002''.
    (b) Public Law 104-106.--Section 566(c) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
328; 10 U.S.C. 1293 note) is amended by striking ``the Coast and 
Geodetic Survey Commissioned Officers' Act of 1948'' and inserting 
``the National Oceanic and Atmospheric Administration Commissioned 
Officer Corps Act of 2002''.
                                 <all>