[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4883 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4883

_______________________________________________________________________

                                 AN ACT


 
 To reauthorize the Hydrographic Services Improvement Act of 1998, and 
                          for other 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--NOAA 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 
                            (junior 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.
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 cooperating with military 
                            departments.
                    Subtitle E--Rights and Benefits

Sec. 261. Applicability of certain provisions of title 10, United 
                            States Code.
Sec. 262. Eligibility for veterans benefits and other rights, 
                            privileges, immunities, 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 
                            reimbursement 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 Tunas Convention Act of 1975.
Sec. 305. Reauthorization of the Northwest Atlantic Fisheries 
                            Convention Act of 1995.
Sec. 306. Extension of deadline.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Chesapeake Bay Office.
Sec. 402. Conveyance of NOAA laboratory in Tiburon, California.
Sec. 403. Emergency assistance for subsistence whale hunters.

            TITLE I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

SEC. 101. SHORT TITLE; REFERENCES.

    (a) Short Title.--This title may be cited as the ``Hydrographic 
Services Improvement Act Amendments of 2002''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this title an amendment or repeal 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 
        geomagnetic'' 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:
            ``(4) shall, subject to the availability of appropriations, 
        design, install, maintain, and operate real-time hydrographic 
        monitoring systems to enhance navigation safety and 
        efficiency.''.
    (b) Conservation and Management of Coastal and Ocean Resources.--
Section 303 (33 U.S.C. 892a) is further amended by adding at the end 
the following:
    ``(c) Conservation and Management of Coastal and Ocean Resources.--
Where appropriate and to the extent that it does not detract from the 
promotion of safe 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)(1)) is 
amended to read as follows:
            ``(1) In general.--The Administrator--
                    ``(A) by not later than 2 years after the date of 
                enactment of the Hydrographic Services Improvement Act 
                Amendments of 2002, shall, subject to the availability 
                of appropriations, 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 Administrator under section 
                303(a)(3) of this Act;
                    ``(B) may authorize the use of the emblem or any 
                trademark of the Administration on a hydrographic 
                product certified under 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.

    ``(a) Establishment.--No later than 1 year after the date of 
enactment of the Hydrographic Services Improvement Act Amendments of 
2002, the Secretary shall establish the Hydrographic Services Review 
Panel.
    ``(b) Duties.--
            ``(1) In general.--The panel shall advise the Administrator 
        on matters related to the 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 available to the panel such information, personnel, and 
        administrative services and assistance as it may reasonably 
        require to carry out its duties.
    ``(c) Membership.--
            ``(1) In general.--
                    ``(A) The panel shall consist of 15 voting members 
                who shall be appointed by the Administrator. The 
                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 knowledge, experience, or 
                training, are especially qualified in one or more of 
                the disciplines and fields relating to hydrographic 
                surveying, tide, current geodetic and geospatial 
                measurement, marine 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 
                Secretary) of, any assistance under this Act shall 
                disclose to the panel that relationship, and may not 
                vote on any matter pertaining to that assistance.
            ``(2) Terms.--
                    ``(A) The term of office of a voting 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, 
                and five shall be appointed for a term of 4 years, as 
                specified by the Administrator at the time of 
                appointment.
                    ``(B) Any individual appointed to a partial or full 
                term may be reappointed for one 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 
        nominations for membership on the panel.
            ``(4) Chairman and vice chairman.--
                    ``(A) The panel shall select one voting member to 
                serve as the Chairman and another voting member to 
                serve as the Vice Chairman.
                    ``(B) The Vice Chairman shall act as Chairman in 
                the absence or incapacity of the Chairman.
    ``(d) Compensation.--Voting members of the panel shall--
            ``(1) receive compensation at a rate established by the 
        Secretary, not to exceed the maximum daily rate payable under 
        section 5376 of title 5, United 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 Chairman or upon the request of a 
majority of the voting members or of the Secretary.
    ``(f) Powers.--The panel may exercise such powers as are reasonably 
necessary in order to carry out its duties under subsection (b).''.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    Section 306 (33 U.S.C. 892d) is amended to read as follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following:
            ``(1) To carry out nautical mapping and charting functions 
        under sections 303 and 304 of this Act, except for conducting 
        hydrographic surveys--
                    ``(A) $50,000,000 for fiscal year 2003;
                    ``(B) $55,000,000 for fiscal year 2004;
                    ``(C) $60,000,000 for fiscal year 2005;
                    ``(D) $65,000,000 for fiscal year 2006; and
                    ``(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.''.

TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED 
                             OFFICER CORPS

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

SEC. 211. COMMISSIONED OFFICER CORPS.

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

SEC. 212. DEFINITIONS.

    (a) Applicability of Definitions in Title 10, United States Code.--
Except as provided in subsection (b), the definitions provided in 
section 101 of title 10, United States Code, apply to the provisions of 
this title.
    (b) Additional Definitions.--In this title:
            (1) Active duty.--The term ``active duty'' means full-time 
        duty in the active service of a 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. 213. 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. 214. 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. 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

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 
                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. 222. PERSONNEL BOARDS.

    (a) Convening.--At least once a year and at such other times as the 
Secretary determines necessary, the Secretary shall convene a personnel 
board. A personnel board shall consist of not less than five officers 
on the lineal list in the permanent grade of commander or above.
    (b) Duties.--Each personnel board shall--
            (1) recommend to the Secretary such changes in the lineal 
        list as the board may determine; and
            (2) make selections and recommendations to the Secretary 
        and President for the appointment, promotion, separation, 
        continuation, and retirement of officers as prescribed in this 
        subtitle and subtitle C.
    (c) Action on Recommendations Not 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. 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. 224. PROMOTION BY SELECTION TO PERMANENT GRADES ABOVE LIEUTENANT 
              (JUNIOR GRADE).

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

SEC. 225. 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. 226. 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. 227. GENERAL QUALIFICATION OF OFFICERS FOR PROMOTION TO HIGHER 
              PERMANENT GRADE.

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

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 
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 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 
        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. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.

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

    (a) In General.--Officers of the Administration shall be subject in 
like manner and to the same extent as personnel of the Navy to all laws 
authorizing temporary appointment or advancement of commissioned 
officers in time of war or national emergency.
    (b) Limitations.--Subsection (a) shall be applied subject to the 
following limitations:
            (1) A commissioned officer in the service of a military 
        department under section 251 may, upon the recommendation of 
        the Secretary of the military department concerned, be 
        temporarily promoted to a higher rank or grade.
            (2) A commissioned officer in the service of the 
        Administration may be temporarily promoted to fill vacancies in 
        ranks and grades caused by the transfer 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 
        temporary appointments may not exceed the number of officers 
        transferred to a military department under section 251.

SEC. 231. PAY AND ALLOWANCES; DATE OF ACCEPTANCE OF PROMOTION.

    (a) Acceptance and Date of Promotion.--An 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. 232. SERVICE CREDIT AS DECK OFFICER OR JUNIOR ENGINEER FOR 
              PROMOTION PURPOSES.

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

SEC. 233. SUSPENSION DURING WAR OR EMERGENCY.

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

SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.

    (a) Transfer 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 
        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. 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 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. 243. MANDATORY RETIREMENT FOR AGE.

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

SEC. 244. RETIREMENT FOR LENGTH OF SERVICE.

    An officer who has completed 20 years of service, of which at least 
10 years was service as a commissioned 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. 245. COMPUTATION OF RETIRED PAY.

    (a) Officers First Becoming Members Before September 8, 1980.--Each 
officer on the retired list who first became a member of a uniformed 
service before 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. 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, if--
            (1) the officer's performance of duty in such highest grade 
        has been satisfactory, as determined by the Secretary of the 
        department or departments under whose jurisdiction the officer 
        served; and
            (2) unless retired for disability, the officer's length of 
        service in such highest grade is no less than that required by 
        the Secretary of officers retiring under permanent appointment 
        in that grade.

SEC. 247. RETIRED RANK AND PAY HELD PURSUANT TO OTHER LAWS UNAFFECTED.

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

SEC. 248. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF RETIREMENT.

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

SEC. 249. RECALL TO ACTIVE DUTY.

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

     Subtitle D--Service of Officers With the Military Departments

SEC. 251. COOPERATION WITH AND TRANSFER TO MILITARY DEPARTMENTS.

    (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 
        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 national 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.--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. 252. RELATIVE RANK OF OFFICERS WHEN SERVING WITH ARMY, NAVY, OR 
              AIR FORCE.

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

SEC. 253. RULES AND REGULATIONS WHEN COOPERATING WITH MILITARY 
              DEPARTMENTS.

    (a) Joint Regulations.--The Secretary of Defense and the Secretary 
of Commerce shall jointly prescribe regulations--
            (1) governing the duties to be performed by the 
        Administration in time of war; and
            (2) providing for the cooperation of the 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, 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 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 Commerce).
            (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 concerned'', or 
``the Secretary of Defense'' with respect to the provisions of law 
referred to in subsection (a) shall be exercised, with respect to the 
commissioned officer corps of the Administration, by the Secretary of 
Commerce or the Secretary's designee.

SEC. 262. ELIGIBILITY FOR VETERANS BENEFITS AND OTHER RIGHTS, 
              PRIVILEGES, IMMUNITIES, AND BENEFITS UNDER CERTAIN 
              PROVISIONS OF LAW.

    (a) In General.--Active service of officers of the 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. 263. 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. 264. 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. 265. AUTHORITY TO USE APPROPRIATED FUNDS FOR TRANSPORTATION AND 
              REIMBURSEMENT OF CERTAIN ITEMS.

    (a) Transportation of Effects of Deceased Officers.--In the case of 
an officer who dies on active 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. 266. PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT.

    (a) Presentation of Flag Upon Retirement.--Upon the release of a 
commissioned officer from active commissioned service for retirement, 
the Secretary shall present a United States flag to the officer.
    (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.

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

SEC. 272. CONFORMING AMENDMENTS.

    (a) Title 10, United States Code.--Section 1406(g) of title 10, 
United States Code, is amended by 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''.

       TITLE III--VARIOUS FISHERIES CONSERVATION REAUTHORIZATIONS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Fisheries Conservation Act of 
2002''.

SEC. 302. REAUTHORIZATION AND AMENDMENT OF THE INTERJURISDICTIONAL 
              FISHERIES ACT OF 1986.

    (a) Reauthorization.--Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(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; 
        and
            ``(2) $5,900,000 for each of fiscal years 2005 and 2006.''; 
        and
            (2) in subsection (c) by striking ``$700,000 for fiscal 
        year 1997, and $750,000 for each of the fiscal years 1998, 
        1999, and 2000'' and inserting ``$850,000 for each of fiscal 
        years 2003 and 2004, 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 
        interjurisdictional fishery resources throughout their 
        range.''.

SEC. 303. REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS FISH 
              CONSERVATION ACT.

    (a) Reauthorization.--Section 4 of the Anadromous Fish Conservation 
Act (16 U.S.C. 757d) is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 4. (a)(1) There are authorized to be appropriated to carry 
out the purposes of this Act not to exceed the following sums:
            ``(A) $4,750,000 for each of fiscal years 2003 and 2004; 
        and
            ``(B) $5,000,000 for each of fiscal years 2005 and 2006.
    ``(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 section 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:

                   ``authorization of appropriations

    ``Sec. 10. (a) In General.--There are authorized to be appropriated 
to carry out this Act, including use for payment of the United States 
share of the joint expenses 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 FISHERIES 
              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--
            (1) in section 3(i) (114 Stat. 648) by striking ``30 days'' 
        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 Act (114 
Stat. 648) is amended by striking ``$6,000,000'' and inserting 
``$8,500,000''.
    (c) Technical Corrections.--Section 3(e) of such Act (114 Stat. 
646) is amended--
            (1) in paragraph (1) by striking the colon in the third 
        sentence and inserting a period;
            (2) by inserting immediately after such period the 
        following:
            ``(2) Notice; Minutes; Public Availability of Documents.--
        ''; and
            (3) by redesignating the subsequent paragraphs in order as 
        paragraphs (3) and (4), respectively.

                        TITLE IV--MISCELLANEOUS

SEC. 401. CHESAPEAKE BAY OFFICE.

    (a) Reauthorization of Office.--Section 307 of the National Oceanic 
and Atmospheric Administration 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 Administration, 
an office to be known as the Chesapeake Bay Office (in this section 
referred to as the `Office').
    ``(2) The Office shall be headed by a Director who shall be 
appointed by the Secretary of Commerce, in consultation with the 
Chesapeake Executive Council. Any individual appointed as Director 
shall have knowledge and experience in research or resource management 
efforts in the Chesapeake Bay.
    ``(3) The Director may appoint such additional personnel for the 
Office as the Director determines necessary to carry out this section.
    ``(b) Functions.--The Office, in consultation with the Chesapeake 
Executive Council, shall--
            ``(1) provide technical assistance to the 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 and 
                effectiveness of management plans;
            ``(2) develop and implement a strategy for the National 
        Oceanic and Atmospheric Administration that integrates the 
        science, research, monitoring, data collection, regulatory, and 
        management responsibilities of the Secretary of Commerce in 
        such a manner as to assist the cooperative, intergovernmental 
        Chesapeake Bay Program to meet the commitments of the 
        Chesapeake Bay Agreement;
            ``(3) coordinate the programs and activities of the various 
        organizations within the National Oceanic and Atmospheric 
        Administration, the Chesapeake Bay Regional Sea Grant Programs, 
        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 
        Environmental 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 
        provide other appropriate means to determine that projects have 
        acceptable scientific and technical merit for the purpose of 
        achieving maximum utilization of available funds and resources 
        to benefit the Chesapeake Bay area;
            ``(6) remain cognizant of ongoing research, monitoring, and 
        management projects and assist in the dissemination of the 
        results and findings of those projects; and
            ``(7) submit a biennial report to the Congress and the 
        Secretary of Commerce with respect to the activities of the 
        Office and on the progress made in protecting and restoring the 
        living resources and habitat of the Chesapeake Bay, which 
        report shall include an action plan consisting of--
                    ``(A) a list of recommended research, monitoring, 
                and data collection activities necessary to continue 
                implementation of the strategy described in paragraph 
                (2); and
                    ``(B) proposals for--
                            ``(i) continuing any new National Oceanic 
                        and Atmospheric Administration activities in 
                        the Chesapeake Bay; and
                            ``(ii) the integration of those activities 
                        with the activities of the partners in the 
                        Chesapeake Bay Program to meet the commitments 
                        of the Chesapeake 2000 agreement and subsequent 
                        agreements.
    ``(c) Chesapeake Bay Fishery and Habitat 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 
        community-based fishery and habitat restoration small grants 
        and technical assistance program in the Chesapeake Bay 
        watershed.
            ``(2) Projects.--
                    ``(A) Support.--The Director shall make grants 
                under this subsection to pay the Federal share of the 
                cost of projects that are carried out by entities 
                eligible under paragraph (3) for the restoration of 
                fisheries and habitats in the Chesapeake Bay.
                    ``(B) Federal share.--The Federal share under 
                subparagraph (A) shall not exceed 75 percent.
                    ``(C) Types of projects.--Projects for which grants 
                may be made under this 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 
                government 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 from taxation under section 501(a) of 
                        that Code; and
                            ``(ii) that will administer such grants in 
                        coordination with a government referred to in 
                        subparagraph (A).
            ``(4) Additional requirements.--The Director may prescribe 
        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 Commission, who are signatories to the 
Chesapeake Bay Agreement, and any future signatories to that Agreement.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Commerce for the Chesapeake Bay 
Office $6,000,000 for each of fiscal years 2002 through 2006.''.
    (b) Conforming Amendment.--Section 2 of the National Oceanic and 
Atmospheric Administration Marine Fisheries Program Authorization Act 
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection 
(e).
    (c) Multiple Species Management Strategy.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director of the Chesapeake Bay 
        Office of the National Oceanic and Atmospheric Administration 
        shall begin a 5-year study, in cooperation with the scientific 
        community of the Chesapeake Bay, appropriate State and 
        interstate 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 
                tributaries 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 
                Chesapeake Bay.

SEC. 402. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALIFORNIA.

    (a) In General.--Except as provided in subsection (c), the 
Secretary of Commerce shall convey to the Board of Trustees of the 
California State University, by suitable instrument, in accordance with 
this section, by as soon as practicable, but not later than 180 days 
after the date of the enactment of this Act, and without consideration, 
all right, title, and interest of the United States in the balance of 
the National Oceanic and Atmospheric 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 (license number 
01ABF779-N).
    (b) Conditions.--As a condition of any conveyance by the Secretary 
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 
                activities at the San Francisco Bay National Estuarine 
                Research Reserve.
                    (C) To conduct education and interpretation and 
                outreach activities to enhance public awareness and 
                appreciation of estuary resources, and for other 
                purposes.
            (2) The Board shall--
                    (A) take title to the property as is;
                    (B) assume full responsibility for all facility 
                maintenance and repair, security, fire prevention, 
                utilities, signs, and grounds maintenance;
                    (C) allow the Secretary to have all necessary 
                ingress and egress over the property of the Board to 
                access Department of Commerce building and related 
                facilities, equipment, 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 Secretary;
            (2) rights-of-way and easements that are determined by the 
        Secretary to be reasonable and convenient to ensure all 
        necessary ingress, egress, utilities, drainage, and sewage 
        disposal 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 
        facilities, and to seed soil on the retained property, if 
        necessary; and
            (5) the right to remove all obstructions from the retained 
        property that may constitute a 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, 
        improvements, 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 contamination 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 alterations;
            (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;
                    (B) remove facilities, equipment, fixtures, 
                improvements, modifications, or alterations and restore 
                the property to as good a condition as existed at the 
                time the property was retained under subsection (c), 
                taking into account 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 restoration 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 
        General Services or his or her designee that the Board and its 
        designees are in compliance with the conditions of conveyance 
        under subsections (b) and (e).
    (g) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Board of Trustees 
        of the California State University.
            (2) Center.--The term ``Center'' means the Romberg Tiburon 
        Center for Environmental Studies at San Francisco State 
        University.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 403. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS.

    Notwithstanding any provision of law, the use of a vessel to tow a 
whale taken in a traditional subsistence whale hunt permitted by 
Federal law and conducted in waters off the coast of Alaska is 
authorized, if such towing is performed upon a request for emergency 
assistance made by a subsistence whale hunting organization formally 
recognized by an agency of the United States Government, or made by a 
member of such an organization, to prevent the loss of a whale.

            Passed the House of Representatives November 15 
      (legislative day, November 14), 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                               H. R. 4883

_______________________________________________________________________

                                 AN ACT

 To reauthorize the Hydrographic Services Improvement Act of 1998, and 
                          for other purposes.