[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[House]
[Pages H8881-H8889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2002

  Mr. HANSEN. Mr. Speaker, I ask unanimous consent for the immediate 
consideration of the bill (H.R. 4883) to reauthorize the Hydrographic 
Services Improvement Act of 1998, and for other purposes.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4883

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

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``Hydrographic Services 
     Improvement Act Amendments of 2002''.

     SEC. 2. DEFINITIONS.

       Section 302 of the Hydrographic Services Improvement Act of 
     1998 (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. 3. FUNCTIONS OF ADMINISTRATOR.

       (a) Hydrographic Monitoring Systems.--Section 303(b)(4) of 
     the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 
     892a(b)(4)) is amended to read as follows:
       ``(4) shall 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 of such Act (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. 4. QUALITY ASSURANCE PROGRAM.

       (a) In General.--Section 304(b)(1) of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892b(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.''.
       (b) Acceptance and Recognition of Certifications.--Section 
     304(b) of such Act (33 U.S.C. 892b(b)) is amended by adding 
     at the end the following:
       ``(3) Acceptance and recognition of certifications.--The 
     Administrator shall, to the maximum extent practicable, 
     assure that any international organizations and agreements to 
     which the United States is a party which affect hydrographic 
     products and nautical charts accept or recognize, 
     respectively, hydrographic products certified by the 
     Administrator under this subsection.''.

     SEC. 5. HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 305 of the Hydrographic Services Improvement Act of 
     1998 (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. 6. PLAN REGARDING PHOTOGRAMMETRY AND REMOTE SENSING.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration shall submit to the 
     Congress a plan for increasing, consistent with this Act, 
     contracting with the private sector for photogrammetric, 
     remote sensing, and other geospatial reference services 
     related to hydrographic data acquisition or hydrographic 
     services activities performed by the National Ocean Service. 
     In preparing the plan, the Administrator shall consult with 
     private sector entities knowledgeable in photogrammetry and 
     remote sensing.
       (b) Contents.--The plan shall include the following:
       (1) An assessment of which of the photogrammetric, remote 
     sensing, and other geospatial reference services related to 
     hydrographic data acquisition or hydrographic services 
     activities performed by the National Ocean Service can be 
     performed adequately by private-sector entities.
       (2) An evaluation of the relative cost-effectiveness of the 
     Federal Government and private-sector entities in performing 
     those activities.
       (3) A strategy for enhancing and improving the acquisition 
     and contract management capabilities of the National Oceanic 
     and Atmospheric Administration to assist in the utilization 
     of private sector entities for photogrammetric, remote 
     sensing and other geospatial reference services related to 
     hydrographic data acquisition or hydrographic

[[Page H8882]]

     services activities performed by the National Ocean Service, 
     including--
       (A) the transfer and retraining of personnel to become 
     contracting officer technical representatives;
       (B) education in the use of the procedures described in 
     section 303(b)(3) of the Hydrographic Services Improvement 
     Act of 1998, as amended by this Act; and
       (C) the utilization of training, education, and acquisition 
     and contract management capabilities of other Federal 
     agencies that are expert and experienced in contracting for 
     such services.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 306 of such Act (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(d)(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 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.
       ``(4) 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.
       ``(5) 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, $50,000,000.''.


     Amendment in the Nature of a Substitute Offered by Mr. Hansen

  Mr. HANSEN. Mr. Speaker, I offer an amendment in the nature of a 
substitute in lieu of the committee amendment.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Hansen:
       Strike all after the enacting clause and insert the 
     following:

     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.''.

[[Page H8883]]

     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.

[[Page H8884]]

           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--

[[Page H8885]]

       (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.

[[Page H8886]]

     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

[[Page H8887]]

     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:
       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).

[[Page H8888]]

       ``(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.

[[Page H8889]]

       (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.
  Mr. HANSEN. (during the reading). Mr. Speaker, I ask unanimous 
consent that the amendment in the nature of a substitute be considered 
as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________