[House Report 107-621]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-621

======================================================================
 
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HYDROGRAPHIC SERVICES 
                              IMPROVEMENT

                                _______
                                

 July 26, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4883]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4883) to reauthorize the Hydrographic Services 
Improvement Act of 1998, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  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. Plan regarding photogrammetry and remote sensing.
Sec. 107. 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 2008.

           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 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.''.
  (b) Acceptance and Recognition of Certifications.--Section 304(b) (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.''.
  (c) Implementation of Executive Order and OMB Circular.--Section 304 
(33 U.S.C. 892b) is amended by adding at the end the following:
  ``(f) Annual Study and Report Regarding Implementation of Executive 
Order and OMB Circular.--
          ``(1) In general.--The Administrator shall annually conduct a 
        study of, and report to the panel established under section 305 
        regarding, steps taken to comply with section 3(d) of Executive 
        Order 12906 and Office of Management and Budget Circular A-16 
        with respect to the collection and production of new 
        hydrographic data and products by the Administration.
          ``(2) Consultation.--In carrying out the study and report, 
        the Administrator shall consult with the Federal Geographic 
        Data Committee.''.

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. 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 title, 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 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 contracting procedures in 
                accordance with 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. 107. 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 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.''.

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 2008.

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

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

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

SEC. 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''.

                          Purpose of the Bill

    The purpose of H.R. 4883 is to reauthorize the Hydrographic 
Services Improvement Act of 1998 and for other purposes.

                  Background and Need For Legislation

    When the United States was founded, its economy was largely 
dependent on maritime trade with Europe, and shipwrecks were an 
unfortunate but common cost of doing business. In 1807, 
President Thomas Jefferson recognized that safe navigation was 
essential to the success of the young nation, and established 
the Coast Survey to make charts of U.S. waters. Now, both U.S. 
law and international treaties require the United States to 
provide charts adequate to ensure safe navigation in U.S. 
waters, and require most vessels operating in U.S. waters to 
carry up-to-date charts of all areas in which they travel. The 
National Ocean Service (NOS), one of the five line offices of 
the National Oceanic and Atmospheric Administration (NOAA) of 
the Department of Commerce, now carries out this 
responsibility. NOS conducts hydrographic surveys of U.S. 
waters; measures tides and currents in coastal areas throughout 
the U.S.; establishes standard height references from which 
measurements can be taken; and issues nearly a thousand regular 
chart editions as well as tide and current predictions for the 
entire U.S. coastline.
    Accurate nautical charts and other navigational information 
are still fundamental to the national transportation 
infrastructure. Ninety-eight percent of U.S. foreign trade by 
weight (47 percent by value) travels by ship, and shipping 
cannot take place safely or efficiently without accurate and 
up-to-date charts. In addition, much of the cargo that travels 
through U.S. waters is oil or other hazardous material, and 
inaccurate charts or incorrect tide and current measurements 
can cause financial and environmental disasters. Many natural 
and artificial processes continually change the shape of the 
seafloor, and continual updates and improvements to charts are 
necessary to prevent such accidents. A 1996 study by the 
National Academy of Public Administration noted that, ``A 
single oil spill resulting from an out-of-date chart could 
cause damage exceeding the costs of the nautical charting 
program for a decade or more.''
    During the post-World War II economic boom in this country, 
hydrographic surveying and nautical charting received strong 
financial support. The invention of the acoustic depth sounder 
in the 1940s greatly increased survey speed and accuracy over 
the previous technique of casting a weighted line over the side 
of the vessel at intervals. Much of the data incorporated in 
present charts was collected between the 1940s and the 1970s. 
Since then, however, support for the program has eroded 
significantly. Funding for navigation services (in constant 
1994 dollars) dropped from $94.5 million in 1979 to $47.7 
million in 1994, a decrease of 50 percent. In 1971, NOAA had 11 
hydrographic survey ships, most of them less than ten years 
old. Today, NOAA has only three ocean-going hydrographic survey 
ships, the youngest of which was built in 1968. A fourth vessel 
also built in 1968 is being reactivated.
    This erosion of support significantly reduced the 
effectiveness of the program. In 1993, NOS identified a backlog 
of 43,000 square nautical miles of ``critical areas''--that is, 
areas with heavy large vessel traffic, shallow water, and 
inadequate or obsolete surveys--which must be resurveyed to 
ensure safe navigation. NOAA expects the backlog to be 
approximately 27,965 square nautical miles by the end of the 
current fiscal year. Many of these critical areas are 
approaches to major ports, or heavily used inshore areas with 
unstable bottom topography. The rest are large areas, primarily 
in Alaska waters, which have never been surveyed with modern 
equipment but have recently experienced major increases in oil 
tanker, cargo carrier, and cruise ship traffic. NOAA estimated 
that it would require more than 20 years at Fiscal Year 2000 
funding levels to complete these critical surveys. This does 
not include the additional 200-300 reports of new wrecks and 
obstructions that NOAA must investigate every year. The 
President requested additional funds for hydrographic surveying 
in Fiscal Year 2003. Materials accompanying NOAA's Fiscal Year 
2003 budget request notes the importance of updated 
hydrographic data to homeland security efforts and sets a goal 
of 10 years to complete surveying the remaining areas 
considered critical to navigation.
    This lack of updated chart data is particularly worrisome 
in light of recent advances in navigation technology. Using new 
Global Positioning System satellite navigation technology, 
ships can determine their position with an error of only a few 
meters. Older charts were drawn using less accurate positioning 
systems, and shallows, rocks, wrecks or other obstructions can 
be plotted as much as several hundred meters away from their 
true position. If old, inaccurate data are incorporated into 
new navigation systems, this mismatch between different 
navigation techniques may actually increase the danger of 
accidents. New, more accurate navigation systems have the 
potential to greatly improve safety and efficiency, but this 
cannot be realized if charts remain based on old, less precise 
data.
    In 1997, NOAA presented a plan for addressing the survey 
backlog. The agency proposed to modernize the equipment on its 
three existing survey vessels and use those vessels for the 
remainder of their service lives; significantly increase 
contracting with private-sector survey companies for 
hydrographic data; and investigate leasing of privately-owned 
survey ships and outsourcing operation of federally-owned 
vessels as possible options. The equipment upgrades have been 
completed, and funds have been provided to replace the RUDE, 
the smallest of the NOAA's survey vessels, with a small 
waterplane area twin hull vessel. Funds have also been provided 
to reactivate the FAIRWEATHER, a NOAA hydrographic vessel that 
was laid up due to earlier budget cuts. The agency has 
increased contracting significantly, and received funds in 
Fiscal Year 2002 to enter into a vessel time charter for a 
hydrographic vessel.
    In response to the need to modernize the U.S. hydrographic 
services program, Congress adopted the Hydrographic Services 
Improvement Act of 1998 (HSIA), Title III of Public Law 105-
384. NSIA authorizes NOAA to maintain sufficient equipment, 
personnel, and expertise to ensure the quality of all data 
incorporated into United States nautical charts and other 
navigational products, and authorizes NOAA to select 
hydrographic contractors under Title IX of the Federal Property 
and Administrative Services Act of 1949 (the ``Brooks Act''). 
The Brooks Act allows government agencies to let contracts on a 
qualifications basis rather than a cost basis for certain 
technical services.
    The reduction in funding for NOAA navigation services 
programs from the mid-1970s through the mid-1990s also crippled 
tide and current measurement and prediction programs. Inthe 
past, pilots entering ports have relied on tide predictions, which are 
computed months in advance, to tell them how much water they are likely 
to have under their keel and how strong the current is likely to be. 
Since actual water levels and currents can differ significantly from 
predicted values, this creates a risk of grounding if the water level 
is lower than predicted, as well as a missed opportunity to move 
vessels in and out of port when the water level is higher than 
predicted.
    A lack of funding to collect tide and current data means 
that two-thirds of the data used for tidal predictions are more 
than 40 years old. Since natural and artificial changes in the 
shape of channels continuously affect tide and current 
patterns, tide predictions for some regions are now dangerously 
obsolete. In fact, NOAA has withdrawn current predictions in 
some major ports. This threatens to reduce the international 
competitiveness of U.S. ports, and significantly increase the 
risk of accidents. Many members of the commercial shipping 
industry feel that improving real-time tide and current 
information should be the highest priority in modernizing U.S. 
navigation services.
    Many large international ports now have real-time systems 
that measure water level, current, wind, and other parameters 
throughout channels and maneuvering areas, and deliver this 
information continuously to pilots. These systems can yield 
huge improvements in port safety and efficiency. Seven U.S. 
ports--New York/New Jersey, Houston/Galveston, San Francisco, 
Tampa, Narragansett, Los Angeles/Long Beach, and Soo Locks in 
Saulte Ste Marie, Michigan--are now equipped with such systems, 
called PORTS. PORTS are being implemented in the Delaware River 
and Bay and the Chesapeake Bay. Seven less comprehensive 
systems are in place in other ports, and planning and 
discussions are under way to expand this coverage.
    Currently, NOAA is responsible for the accuracy of tide and 
current data, and ensures that tide and current information 
collection, analysis, and distribution procedures are 
standardized throughout U.S. waters. Individual municipalities 
or port authorities operate and maintain the instruments that 
collect this locally applicable data. Existing NOAA policy and 
direction in the Department of Commerce Appropriations Act 
require the beneficiaries of real-time tide and current systems 
to pay for operation and maintenance of those systems.
    Federal navigational services programs yield a payoff in 
both economic competitiveness, human safety, and environmental 
protection. Therefore, lack of attention to these programs 
reduces U.S. competitiveness and lessens the protection of 
human life and the environment.
    The NOAA Commissioned Officer Corps, formerly the Coast and 
Geodetic Survey, is the smallest of the seven uniformed 
services of the United States, and like the Public Health 
Service is not military in nature. The NOAA Corps officers 
serve in staff assignments throughout NOAA, and operate the 
agency's ships, and aircraft. Corps officers are primary 
collectors of NOAA's hydrographic data. Title II of H.R. 4883 
updates and consolidates the patchwork of existing authorities 
governing the Corps. The renewed authorities are entirely 
organizational and include the authorized number of personnel, 
appointment and promotion of officers, separation and 
retirement authorities, and rights and benefits. No changes to 
Corps authorities or benefits are intended by these changes.

                            Committee Action

    H.R. 4883 was introduced on June 6, 2002, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On June 20, 2002, 
the Subcommittee met to mark up the bill. Congressman Wayne 
Gilchrest (R-MD) offered an amendment in the nature of a 
substitute which incorporates the text of H.R. 4882, the 
National Oceanic and Atmospheric Administration Commissioned 
Officer Corps Act of 2002, into the bill. It was adopted by 
unanimous consent. The bill was then ordered favorably reported 
to the Full Committee. On June 25, 2002, the Full Resources 
Committee met to consider the bill. No further amendments were 
offered and the bill as amended was then ordered favorably 
reported to the House of Representatives by unanimous consent.

                      Section-By-Section Analysis


               TITLE I--HYDROGRAPHIC SERVICES IMPROVEMENT

Section 101. Short Title; References.

    The short title of Title I is the ``Hydrographic Services 
Improvement Act Amendments of 2002''. Unless otherwise 
indicated any amendments made in Title I are to the 
Hydrographic Services Improvement Act of 2002.

Section 102. Definitions.

    The HSIA directs the Secretary acquire hydrographic data 
through contracts to the greatest extent practicable and cost-
effective. It also directs the Secretary to award contracts for 
hydrographic data through Brooks Act procedures. The Secretary 
uses this authority routinely to enter into contracts for 
bathymetric surveys. However, concerns have been raised that 
the Secretary has not adopted the routine use of these 
contracts for other geospatial measurements. The addition of 
geospatial measurements to the definitions of hydrographic data 
and hydrographic services is meant to make clear the 
Committee's intention that the contracting requirement in 
Section 303(a)(8) and the Brooks Act provision in Section 
303(b)(3) apply to contracts and subcontracts for services paid 
for with Federal funds to acquire any geospatial data used to 
provide hydrographic services, including the acquisition of 
graphical or digital data depicting natural or man made 
physical features, phenomena or boundaries of the earth and any 
information related thereto, including but not limited to 
surveys, maps, charts, remote sensing data and images and 
aerial photographic services performed by professionals such as 
surveyors, photogrammetrists, hydrographers, geodesists and 
cartographers. The Committee also intends that, on vessels time 
chartered under contracts paid for with Federal funds, 
hydrographers that acquire hydrographic data used to provide 
hydrographic services be hired used Brooks Act procedures. 
Geomagnetic measurements are added to the definitions to assure 
conformity with the Act of 1947.

Section 103. Functions of the Administrator.

    Subsection (a) directs the Secretary of Commerce, subject 
to the availability of appropriations, to not only maintain a 
data quality assurance program, but to design, install maintain 
and operate real-time hydrographic systems monitoring systems, 
which can be either comprehensive physical oceanographic real 
time systems or less comprehensive systems that meet the needs 
of smaller or hydrographically complex ports.
    Data collected to provide hydrographic services may also 
have uses in coastal or fishery management. The Committee does 
not want to divert NOAA's navigation services programs from 
their primary mission, but does want to encourage the 
distribution of appropriate data to coastal and fishery 
managers who have a use for it. Therefore, subsection (b) 
directs the Secretary to use hydrographic data to support the 
conservation and management of coastal and ocean resources 
where it does not interfere the promotion of safe and efficient 
navigation.

Section 104. Quality Assurance Program.

    HSIA authorized the Secretary of Commerce to establish a 
quality assurance program to certify hydrographic products 
produced by private firms. No such program has been 
established. Subsection (a) directs NOAA to establish such a 
program not later than two years after the date of enactment. 
Subsection (b) directs NOAA, to the maximum extent practicable, 
to assure that U.S. certified hydrographic products meet 
international carriage requirements. Subsection (f) directs 
NOAA to report annually to the Hydrographic Services Review 
Panel on NOAA's compliance with Section 3(d) of Executive Order 
12906 and Office of Management and Budget Circular A-16 with 
respect to the collection and production of new hydrographic 
data and products by NOAA.

Section 105. Hydrographic Services Review Panel.

    Hydrographic services users and private sector geospatial 
contractors have been vital to efforts to modernize NOAA's 
navigation services program over the last eight years. They 
have provided advice on the types and characteristics of 
products that would useful, and technical innovations that are 
available in the collection and dissemination of hydrographic 
data. They have also played a crucial role in developing 
support within Congress and NOAA for modernizing NOAA's 
navigation services program. Section 105 establishes the 
Hydrographic Services Review Panel which gives navigation 
services user groups and those with expertise in geospatial 
reference technologies a formal mechanism for working with the 
NOAA on these issues.

Section 106. Plan Regarding Photogrammetry and Remote Sensing.

    As was discussed above, concerns have been expressed that 
NOAA's efforts to contract for geospatial measurements other 
than hydrographic surveys have lagged behind expectations 
embodied in the HSIA. Section 106 directs NOAA to submit a plan 
to the appropriate Congressional committees to increasing 
contracting for photogrammetric, remote sensing and other 
geospatial reference services related to hydrographic data 
acquisition or hydrographic services.

Section 107. Authorization of Appropriations.

    Section 107 authorizes appropriations for the program under 
the HSIA through Fiscal Year 2007.

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

    Title II may be cited as ``The National Oceanic and 
Atmospheric Administration Commissioned Officers Corps Act of 
2002''. It updates and consolidates the patchwork of existing 
authorities for governing the Corps. The renewed authorities 
are entirely organizational and include the authorized number 
of personnel, appointment and promotion of officers, separation 
and retirement authorities, and rights and benefits.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Hydrographic 
Services Improvement Act of 1998.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 12, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4883, the 
Hydrographic Services Improvement Act Amendments of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4883--Hydrographic Services Improvement Act Amendments of 2002

    Summary: H.R. 4883 would authorize the appropriation of 
$886 million over the 2003-2007 period for hydrographic 
activities carried out by the National Oceanic and Atmospheric 
Administration (NOAA). Such services include nautical mapping 
and charting, collecting hydrographic data, maintaining a 
geodetic reference system, and measuring tides and currents. Of 
the amounts authorized, $50 million would be earmarked for 
activities related to homeland security.
    Title II of the bill would consolidate existing laws that 
govern the NOAA commissioned officers corps. Such laws involve 
authorized personnel levels, appointments and promotions, 
separation and retirement, and rights and benefits. CBO 
estimates that enacting title II would have no budgetary 
impact.
    Enacting H.R. 4883 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: Assuming 
appropriation of the amounts authorized by H.R. 4883, CBO 
estimates that NOAA would spend $811 million over the 2003-2007 
period to perform ongoing hydrographic services. (An additional 
$75 million of the authorized total would be spend after 2007.) 
The estimated cost of the bill is summarized in the following 
table. The costs of this legislation fall within budget 
function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2002    2003    2004    2005    2006    2007
----------------------------------------------------------------------------------------------------------------
Spending on Hydrographic Services, Under Current Law:
    Budget Authority \1\........................................     120       0       0       0       0       0
    Estimated Outlays...........................................     120      36      10       0       0       0
Proposed Changes:
    Authorization Level.........................................       0     193     155     168     180     191
    Estimated Outlays...........................................       0     110     150     170     185     196
Spending on Hydrographic Services, Under H.R. 4883:
    Authorization Level \1\.....................................     120     193     155     168     180     191
    Estimated Outlays...........................................     120     146     160     170     185     196
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year.

    Basis of estimate: For each year, the proposed 
authorization level is equal to the amounts specified by the 
bill, including $50 million for fiscal year 2003 to enhance 
this program's contributions to homeland security. The 
estimated outlays are based on historical spending patterns for 
hydrographic services and related activities.
    CBO estimates that enacting title II would have no impact 
on the federal budget. Most of the provisions of this title 
involve reorganizing existing statutes. The few changes made to 
existing law would not affect the cost of maintaining a 
commissioned officers corps.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4883 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimated prepared by: Federal costs: Deborah Reis; impact 
on state, local, and tribal governments: Elyse Goldman; impact 
on the private sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance with Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998

TITLE III--NOAA HYDROGRAPHIC SERVICES

           *       *       *       *       *       *       *


SEC. 302. DEFINITIONS.

  In this title:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Oceanic and 
        Atmospheric Administration.

           *       *       *       *       *       *       *

          (3) Hydrographic data.--The term ``hydrographic 
        data'' means information acquired through hydrographic 
        or bathymetric surveying, photogrammetry, geodetic, 
        geospatial, or geomagnetic measurements, tide and 
        current observations, or other methods, that is used in 
        providing hydrographic services.
          (4) Hydrographic services.--The term ``hydrographic 
        services'' means--
                  (A) the management, maintenance, 
                interpretation, certification, and 
                dissemination of bathymetric, hydrographic, 
                geodetic, geospatial, geomagnetic, and tide and 
                current information, including the production 
                of nautical charts, nautical information 
                databases, and other products derived from 
                hydrographic data;

           *       *       *       *       *       *       *


SEC. 303. FUNCTIONS OF THE ADMINISTRATOR.

  (a) * * *
  (b) Authorities.--To fulfill the data gathering and 
dissemination duties of the Administration under the Act of 
1947, and subject to the availability of appropriations, the 
Administrator--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) may design and install where appropriate 
        Physical Oceanographic Real-Time Systems to enhance 
        navigation safety and efficiency.]
          (4) shall, subject to the availability of 
        appropriations, design, install, maintain, and operate 
        real-time hydrographic monitoring systems to enhance 
        navigation safety and efficiency.
  (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. 304. QUALITY ASSURANCE PROGRAM.

  (a) * * *
  (b) Program.--
          [(1) In general.--The Administrator may--
                  [(A) 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);
                  [(B) authorize the use of the emblem or any 
                trademark of the Administration on a 
                hydrographic product certified under 
                subparagraph (A); and
                  [(C) charge a fee for such certification and 
                use.]
          (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.

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

  (f) Annual Study and Report Regarding Implementation of 
Executive Order and OMB Circular.--
          (1) In general.--The Administrator shall annually 
        conduct a study of, and report to the panel established 
        under section 305 regarding, steps taken to comply with 
        section 3(d) of Executive Order 12906 and Office of 
        Management and Budget Circular A-16 with respect to the 
        collection and production of new hydrographic data and 
        products by the Administration.
          (2) Consultation.--In carrying out the study and 
        report, the Administrator shall consult with the 
        Federal Geographic Data Committee.

           *       *       *       *       *       *       *


[SEC. 305. REPORTS.

  [(b) Maintaining Federal Expertise in Hydrographic 
Services.--
          [(1) In general.--Not later than 6 months after the 
        date of the enactment of this Act, the Administrator 
        shall report to the Congress on a plan to ensure that 
        Federal competence and expertise in hydrographic 
        surveying will be maintained after the decommissioning 
        of the 3 existing Administration hydrographic survey 
        vessels.
          [(2) Contents.--The report shall include--
                  [(A) an evaluation of the seagoing capacity, 
                personnel, and equipment necessary to maintain 
                Federal expertise in hydrographic services;
                  [(B) an estimated schedule for 
                decommissioning the 3 existing survey vessels;
                  [(C) a plan to maintain Federal expertise in 
                hydrographic services after the decommissioning 
                of these vessels; and
                  [(D) an estimate of the cost of carrying out 
                this plan.

[SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

  [There is authorized to be appropriated to the Administrator 
the following:
          [(1) To carry out nautical mapping and charting 
        functions under the Act of 1947 and sections 303 and 
        304, except for conducting hydrographic surveys, 
        $33,000,000 for fiscal year 1999, $34,000,000 for 
        fiscal year 2000, and $35,000,000 for fiscal year 2001.
          [(2) To conduct hydrographic surveys under section 
        303(a)(1), including the leasing of ships, $33,000,000 
        for fiscal year 1999, $35,000,000 for fiscal year 2000, 
        and $37,000,000 for fiscal year 2001. Of these amounts, 
        no more than $16,000,000 is authorized for any one 
        fiscal year to operate hydrographic survey vessels 
        owned and operated by the Administration.
          [(3) To carry out geodetic functions under the Act of 
        1947, $25,000,000 for fiscal year 1999, $30,000,000 for 
        fiscal year 2000, and $30,000,000 for fiscal year 2001.
          [(4) To carry out tide and current measurement 
        functions under the Act of 1947, $22,500,000 for each 
        of fiscal years 1999 through 2001. Of these amounts 
        $4,500,000 is authorized for each fiscal year to 
        implement and operate a national quality control system 
        for real-time tide and current and maintain the 
        national tide network, and $7,000,000 is authorized for 
        each fiscal year to design and install real-time tide 
        and current data measurement systems under section 
        303(b)(4).]

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. 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 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.

           *       *       *       *       *       *       *

                              ----------                              


      COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948

                              [SHORT TITLE

  [Section 1. That this Act may be cited as the ``Coast and 
Geodetic Survey Commissioned Officers' Act of 1948''.

                     [AUTHORIZED NUMBERS IN GRADES

  [Sec. 2. (a)(1) Except as provided in paragraph (2), there 
are authorized to be not less than 264 and not more than 299 
commissioned officers on the active list of the National 
Oceanic and Atmospheric Administration for fiscal years 1999, 
2000, 2001, 2002, and 2003.
  [(2) The Administrator may reduce the number of commissioned 
officers on the active list below 264 if the Administrator 
determines that it is appropriate, taking into consideration--
          [(A) the number of billets on the fisheries, 
        hydrographic, and oceanographic vessels owned and 
        operated by the Administration;
          [(B) the need of the Administration to collect high-
        quality oceanographic, fisheries, and hydrographic data 
        and information on a continuing basis;
          [(C) the need for effective and safe operation of the 
        Administration's fisheries, hydrographic and 
        oceanographic vessels;
          [(D) the need for effective management of the 
        commissioned Corps; and
          [(E) the protection of the interests of taxpayers.
  [(3) At least 90 days before beginning any reduction as 
described in paragraph (2), the Administrator shall provide 
notice of such reduction to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Resources 
of the House of Representatives.
  [(b) Of the total authorized number of commissioned officers 
on the active list of the Coast and Geodetic Survey, there are 
authorized numbers in permanent grade, in relative rank with 
officers of the Navy, in the proportion of eight in the grade 
of captain, to fourteen in the grade of commander, to nineteen 
in the grade of lieutenant commander, to twenty-three in the 
grade of lieutenant, to eighteen in the grade of lieutenant 
(junior grade), to eighteen in the grade of ensign.
  [(c) Whenever a final fraction occurs in computing the 
authorized number of officers in any grade, the nearest whole 
number shall be taken, and if such fraction be one-half the 
next higher whole number shall be taken: Provided, That the 
total number of officers as authorized by law shall not be 
increased as the result of the computations prescribed herein, 
and if necessary the number of officers in the lowest grade 
shall be reduced accordingly.
  [(d) No officer shall be reduced in grade or pay or separated 
from the active list as the result of any computations made to 
determine the authorized number of officers in the various 
grades.
  [(e) Nothing in this section shall 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.
  [(f) The total number of officers on active duty as 
authorized by law may be temporarily exceeded provided that the 
average number on active duty for the fiscal year shall not 
exceed the authorized number.

                 [PROMOTION AND SEPARATION OF OFFICERS

  [Sec. 3. Promotion to fill vacancies in all permanent grades 
above that of lieutenant (junior grade) shall be made by 
selection from the next lower respective grades upon 
recommendation of the personnel board hereinafter provided for.
  [Sec. 4. Irrespective of any vacancies, each officer in the 
permanent grade of lieutenant (junior grade) and lieutenant 
shall be considered by the personnel board for promotion to the 
grade of lieutenant and lieutenant commander in sufficient time 
so that, if found fully qualified, such officer may be promoted 
to and appointed in such grade upon completion of seven and 
fourteen years of service, respectively. All promotions under 
this section shall be made on the date on which the required 
service is completed, and the authorized number of officers in 
the grade of lieutenant and lieutenant commander shall be 
temporarily increased, if necessary, to authorize such 
appointments: Provided, That an officer found not fully 
qualified in accordance with this section may be promoted on 
such later date on which he may be found fully qualified.
  [Sec. 5. Irrespective of any vacancies, any officer in the 
permanent grade of lieutenant commander who has completed 
twenty-one years of service and any officer in the permanent 
grade of commander who has completed thirty years of service 
may be considered by the personnel board at any time for 
promotion to the grade of commander and captain, respectively. 
If selected, he may be promoted at any time and the authorized 
number of officers in the grade of commander and captain shall 
be temporarily increased, if necessary, to authorize such 
appointments.
  [Sec. 6. (a) Officers in the permanent grade of ensign shall 
be promoted to and appointed in the grade of lieutenant (junior 
grade) on completion of three years of service, and the 
authorized number of officers in the grade of lieutenant 
(junior grade) shall from time to time be temporarily increased 
as necessary to authorize such appointments.
  [(b) Ensigns who are found not fully qualified at any time 
shall have their commissions revoked and be separated from the 
commissioned service.
  [Sec. 7. Each officer shall be assumed to have, for promotion 
purposes, at least the same length of service as any officer 
below him on the lineal list, except that an officer who has 
lost numbers shall be assumed to have for promotion purposes no 
greater service than the officer next above him in his new 
position on the lineal list.
  [Sec. 8. (a) As recommended by the personnel board--
          [(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) 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 four percent of the total number of officers 
authorized to be on the active list, except as otherwise 
provided by law.
  [(c) Any 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 of Commerce approves the 
retirement or separation, except that if the officer concerned 
requests earlier retirement or separation, the date shall be as 
determined by the Secretary.
  [Sec. 9. (a) An officer who is separated under section 8 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 of Commerce determines that the conditions under 
which the officer is separated do not warrant payment of that 
pay.
  [(b)(1) In the case of an officer who has completed five or 
more years of continuous active service immediately before that 
separation, the amount of separation pay which may 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) twelve times the monthly basic pay to which the officer was 
entitled at the time of separation.
  [(2) In the case of an officer who has completed three but 
fewer than five years of continuous active service immediately 
before that separation, the amount of separation pay which may 
be paid to the officer under this section is one-half of the 
amount computed under paragraph (1).
  [(c) In determining an officer's years of active service for 
the purpose of computing separation pay under this section, 
each full month of service that is in addition to the number of 
full years of service creditable to the officer is counted as 
one-twelfth of a year and any remaining fractional part of a 
month is disregarded.
  [(d) A period for which an officer has previously received 
separation pay, severance pay, or readjustment pay under any 
other provision of law based on service in a uniformed service 
may not be included in determining the years of creditable 
service that may be counted in computing the separation pay of 
the officer under this section.
  [(e)(1) An officer who has received separation pay under this 
section, or separation pay, severance pay, or readjustment pay 
under any other provision of law, based on service in a 
uniformed service and who later qualifies for retired pay under 
this Act shall have deducted from each payment of retired pay 
so much of that pay as is based on the service for which the 
officer received that separation pay, severance pay, or 
readjustment pay until the total amount deducted is equal to 
the total amount of separation pay, severance pay, and 
readjustment pay received.
  [(2) An officer who has received separation pay under this 
section may not be deprived, by reason of receipt of that pay, 
of any disability compensation to which the officer is entitled 
under the laws administered by the Secretary of Veterans 
Affairs, but there shall be deducted from that disability 
compensation an amount equal to the total amount of separation 
pay received, less the amount of Federal income tax withheld 
from such pay (such withholding being at the flat withholding 
rate for Federal income tax withholding, as in effect pursuant 
to regulations prescribed under chapter 24 of the Internal 
Revenue Code of 1986). Notwithstanding the preceding sentence, 
no deduction may be made from disability compensation for the 
amount of separation pay received because of an earlier 
discharge, separation, or release from a period of active duty 
if the disability which is the basis for that disability 
compensation was incurred or aggravated during a later period 
of active duty.
  [Sec. 10. (a) Appointments in and promotions to all permanent 
grades shall be made by the President, by and with the advice 
and consent of the Senate.
  [(b) In time of emergency declared by the President or by the 
Congress, and in time of war, the President is authorized, in 
his discretion, to suspend the operation of all or any part or 
parts of the several provisions of law pertaining to promotion.
  [Sec. 11. Nothing in this Act shall be construed to modify 
the provisions of existing law relating to examination of 
officers for promotion, and no officer shall be promoted until 
he shall have passed the prescribed examinations.
  [Sec. 12. (a) Temporary appointment in the grade of ensign 
may be made by the President alone, provided such temporary 
appointment will be terminated at the close of the next regular 
session of the Congress unless confirmed by the Senate.
  [(b) 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) When determined by the Secretary of Commerce 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.

                        [RETIREMENT OF OFFICERS

  [Sec. 13. (a) When any commissioned officer serving in a rank 
below that of rear admiral has attained the age of sixty years, 
he shall be placed on the retired list: Provided, That this 
subsection shall not become effective until a date six months 
subsequent to the enactment of this Act, and until such 
effective date the retirement age for officers serving in a 
rank below that of rear admiral shall be sixty-two years.
  [(b) When any officer serving in a rank above that of captain 
has attained the age of sixty-two years, he shall be placed on 
the retired list: Provided, That the President may, in his 
discretion, defer placing any such officer on the retired list 
for the length of time he deems advisable but not later than 
the date upon which such officer attains the age of sixty-four 
years.
  [Sec. 14. When any commissioned officer has completed twenty 
years of service, he may at any time thereafter, upon his own 
application, in the discretion of the President, be placed on 
the retired list.
  [Sec. 16. (a) Each commissioned officer on the retired list 
who first became a member of a uniformed service (as defined in 
section 101 of title 10, United States Code) 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) Each commissioned officer on the retired list who first 
became a member of a uniformed service (as defined in section 
101 of title 10, United States Code) 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)(1) 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) Retired pay computed under this section, if not a 
multiple of $1, shall be rounded to the next lower multiple of 
$1.
  [Sec. 17. (a) Each commissioned officer heretofore or 
hereafter retired pursuant to any provision of law shall be 
placed on the retired list with the highest rank, permanent or 
temporary, held by him while on active duty, if his performance 
of duty, in the case of temporary rank, has been satisfactory 
as determined by the Secretary of the department or departments 
under whose jurisdiction the officer served, and shall receive 
retired pay based on such higher rank: Provided, That for the 
purposes of this section the words ``temporary rank'' shall 
mean temporary rank held prior to June 30, 1946.
  [(b) Officers on the retired list returned to an inactive 
status with higher rank pursuant to subsection (a) of this 
section shall receive retired pay based on such higher rank.
  [Sec. 18. Nothing in this Act shall prevent any officer from 
being placed on the retired list with the highest rank and with 
the highest retired pay to which he might be entitled under 
other provision of law.

                            [PERSONNEL BOARD

  [Sec. 19. At least once a year and at such other times as may 
be necessary, the Secretary of Commerce shall appoint a 
personnel board consisting of not less than five officers not 
below the permanent rank of commander on the active list, to 
recommend such changes in the lineal list as the board may 
determine, and to make selections and recommendations for the 
promotion, separation, and retirement of officers as herein 
prescribed: Provided, That in case any recommendation by the 
board is not acceptable to the Secretary of Commerce or to the 
President, the board shall make such further recommendations as 
shall be acceptable.

  [AMENDMENTS TO THE REPEAL OF APPOINTMENT, PROMOTION, AND RETIREMENT 
                                  LAWS

  [Sec. 21. (a) Section 5 of the Act of February 16, 1929 (45 
Stat. 1186), as amended by the Act of March 18, 1936 (ch. 147, 
49 Stat. 1164), is hereby further amended by deleting the word 
``not'' in the third line
  [(b) Section 8 of the Act of January 19, 1942 (59 Stat. 8), 
is hereby amended by deleting the word ``not'' in the fourth 
line, by changing the period at the end of the section to a 
colon, and by adding the words ``Provided further, That any 
officer, upon expiration of his appointment as Director or 
Assistant Director, shall, unless reappointed, revert to the 
grade and number that he would have occupied had he not served 
as Director or Assistant Director. Such officer shall be an 
extra number in his grade and the authorized number of ensigns 
shall be decreased accordingly.''
  [Sec. 22. (a) Sections 1, 2 (except the second proviso of 
section 2 (b)), 3, 4, 5, and 6 of the Act of January 19, 1942 
(59 Stat. 8) are hereby repealed.
  [(b) The word ``physicial'' in the first line of section 7 of 
the said Act of January 19, 1942, is hereby amended to read 
``physical''.
  [Sec. 23. (a) Original appointments may be made in grades up 
to and including lieutenant after passage of a mental and 
physical examination given in accordance with regulations 
prescribed by the Secretary of Commerce: Provided, That the 
President, under such regulations as he may prescribe, may 
revoke the commission of any officer appointed under this 
section during his first three years of service if he is found 
not qualified for the service.
  [(b) Any person appointed under authority of this section 
shall be placed on the lineal list of active duty officers in a 
position commensurate with his age, education, and experience 
in accordance with regulations prescribed by the Secretary of 
Commerce.
  [(c)(1) For the purposes of basic pay any person appointed 
under this section to the grade of lieutenant or lieutenant 
(junior grade) shall be considered as having, on date of 
appointment, three years or one and one-half years service 
respectively.
  [(2) If a person appointed under this section is entitled to 
credit for the purpose of basic pay under other provision of 
law which would exceed that authorized by subsection (c)(1) he 
shall be credited with that service in lieu of the credit 
provided by subsection (c)(1).
  [Sec. 24. (a) The Secretary may designate positions in the 
Administration as being positions of importance and 
responsibility for which it is appropriate that commissioned 
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, and may assign officers to those positions. One such 
position shall be appointed from the officers on the active 
duty promotion list serving in or above the grade of captain, 
and who shall be responsible for administration of the 
commissioned officers, and for oversight of the operation of 
the vessel fleet, of the Administration. An officer assigned to 
any position under this section 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.
  [(b) The number of officers serving on active duty under 
appointments under this section may not exceed--
          [(1) one in the grade of vice admiral;
          [(2) three in the grade of rear admiral; and
          [(3) three in the grade of rear admiral (lower half).
  [(c) 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.
  [(d) 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.
  [(e) The provisions of section 2(g) of Reorganization Plan 
Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an 
officer who serves in a grade above captain under an 
appointment under this section in the same manner as if the 
officer served in that grade under section 2(d) or 2(f) of that 
Reorganization Plan.
  [Sec. 25. (a) Presentation of Flag Upon Retirement.--Upon the 
release of a commissioned officer from active commissioned 
service for retirement, the Secretary of Commerce 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.]
                              ----------                              


                SECTION 3 OF THE ACT OF AUGUST 10, 1956

 AN ACT To revise, codify, and enact into law, title 10 of the United 
  States Code, entitled ``Armed Forces'', and title 32 of the United 
               States Code, entitled ``National Guard''.

  [Sec. 3. (a) The rules of law that apply to the Armed Forces 
under the following provisions of title 10, Armed Forces, 
United States Code, as those provisions are in effect from time 
to time, apply also to the commissioned officer corps of the 
National Oceanic and Atmospheric Administration:
          [(1) Section 1036, Escorts for dependents of members: 
        transportation and travel allowances.
          [(2) Chapter 61, Retirement or Separation for 
        Physical Disability.
          [(3) Chapter 69, Retired Grade, except sections 1370, 
        1375, and 1376(a).
          [(4) Chapter 71, Computation of Retired Pay, except 
        formula No. 3 of section 1401.
          [(5) Chapter 73, Retired Serviceman's Family 
        Protection Plan; Survivor Benefit Plan.
          [(6) Chapter 75, Death Benefits.
          [(7) Section 2771, Final settlement of accounts: 
        deceased members.
          [(8) Sections 2731, 2732, and 2735, property loss 
        incident to service.
          [(9) Such other provisions of subtitle A as may be 
        adopted for applicability to the commissioned officer 
        corps of the National Oceanic and Atmospheric 
        Administration by any other provision of law.
          [(10) Chapter 40. Leave.
          [(11) Section 2634, Motor vehicles: for members on 
        permanent change of station.
          [(12) Section 1035, Deposits of Savings.
          [(13) Section 716, Commissioned officers: transfers 
        between armed forces and to and from National Oceanic 
        and Atmospheric Administration.
          [(14) Section 7572(b), Quarters: accommodations in 
        place of for members on sea duty.
          [(15) Section 1174a, 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).
          [(16) Section 1052, Reimbursement for adoption 
        expenses.
          [(17) Section 1059, Transitional compensation and 
        commissary and exchange benefits for dependents of 
        members separated for dependent abuse.
  [(b) 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 National 
Oceanic and Atmospheric Administration, by the Secretary of 
Commerce or his designee.]
                              ----------                              


                        ACT OF DECEMBER 31, 1970

                          (Public Law 91-621)

 AN ACT To clarify the status and benefits of commissioned officers of 
  the National Oceanic and Atmospheric Administration, 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. Definitions listed in section 101 of title 10, 
United States Code, apply to this Act, except as noted below:
          [(1) ``active duty'' means full-time duty in the 
        active service of a uniformed service;
          [(2) ``Administration'' means the National Oceanic 
        and Atmospheric Administration;
          [(3) ``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;
          [(4) ``officer'' means a commissioned officer;
          [(5) ``Secretary'' means the Secretary of Commerce;
          [(6) ``Secretary concerned'' is defined in section 
        101 of title 37, United States Code;
          [(7) ``uniformed services'' is defined in section 101 
        of title 37, United States Code.
  [Sec. 2. Each officer retired pursuant to any provision of 
law shall be placed on the retired list with the highest grade 
satisfactorily held by him while on active duty including 
active duty pursuant to recall, under permanent or temporary 
appointment, and he shall receive retired pay based on such 
highest grade: Provided, That his 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, unless retired for 
disability, his 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. 3. (a) Active service of officers of the Administration 
shall be deemed to be active military service in the armed 
forces of the United States for the purposes of all rights, 
privileges, immunities, and benefits now or hereafter provided 
by--
          [(1) laws administered by the Secretary of Veterans 
        Affairs;
          [(2) laws administered by the Interstate Commerce 
        Commission; and
          [(3) the Soldiers' and Sailors' Civil Relief Act of 
        1940, as amended.
In the administration of these laws and regulations, with 
respect to the National Oceanic and Atmospheric Administration, 
the authority vested in the Secretary of Defense, the Secretary 
of the Army, the Secretary of the Navy, and the Secretary of 
the Air Force and their respective departments shall be 
exercised by the Secretary of Commerce.
  [(b) 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. 4. (a) 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 men of those services.
  [(b) 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) Rights extended to members of the uniformed services in 
this section are extended to their widows and to such others as 
are designated by the Secretary concerned.
  [Sec. 5. (a) All statutes that applied to commissioned 
officers of the Coast and Geodetic Survey on July 12, 1965, 
shall apply to officers of the Environmental Science Services 
Administration on that date and subsequent thereto, unless 
amended or repealed, and service as a commissioned officer in 
the Coast and Geodetic Survey shall constitute service as a 
commissioned officer in the Environmental Science Services 
Administration.
  [(b) All statutes that applied to commissioned officers of 
the Coast and Geodetic Survey on July 12, 1965, and to 
commissioned officers of the Environmental Science Services 
Administration subsequent to that date shall apply to officers 
of the National Oceanic and Atmospheric Administration on 
October 3, 1970, and subsequent thereto, unless amended or 
repealed, and service as a commissioned officer in the Coast 
and Geodetic Survey or the Environmental Science Services 
Administration shall constitute service as a commissioned 
officer in the National Oceanic and Atmospheric Administration.
  [(c) The enactment of this Act does not increase or decrease 
the pay or allowances of any person.
  [(d) A reference to a law replaced by this Act, including a 
reference in a regulation, order, or other law, is deemed to 
refer to the corresponding provisions enacted by this Act.
  [(e) An order, rule, or regulation in effect under a law 
replaced by this Act continues in effect under the 
corresponding provisions enacted by this Act until repealed, 
amended, or superseded.
  [(f) An inference of a legislative construction is not to be 
drawn by reason of the location in the United States Code of a 
provision enacted by this Act or by reason of the caption or 
catchline thereof.
  [(g) If any provision of this Act or the application thereof 
to any person or circumstances is held invalid, the remainder 
of this Act and the application of such provision to other 
persons or circumstances shall not be affected thereby.
  [Sec. 6. (a) Title 38, United States Code, is amended as 
follows:
          [(1) Section 101(21)(C) of such title 38 is amended 
        by inserting the words ``the National Oceanic and 
        Atmospheric Administration or its predecessor 
        organization'' after ``officer of'' in the first line;
          [(2) Section 101(25)(F) of such title 38 is amended 
        by inserting ``the National Oceanic and Atmospheric 
        Administration or its predecessor organization'' after 
        ``concerning''; and
          [(3) Section 3105 of such title 38 is amended by 
        striking ``Coast and Geodetic Survey'' and substituting 
        ``National Oceanic and Atmospheric Administration''.
  [(b) The effective date of an award by the Veterans' 
Administration of disability compensation or dependency and 
indemnity compensation arising from an injury or death 
occurring prior to enactment of this Act and based on a claim 
filed by an individual who first became eligible for veterans' 
benefits by reason of the amendments made by the foregoing 
subsections shall be the date following the date of his 
discharge or release, or the first day of the month in which 
death occurred: Provided, That application therefor is filed 
within six months after the effective date of this Act.
  [Sec. 7. (a) Section 216 of title II of the National Housing 
Act, as amended, is amended to read as follows:

           [``WAIVER OF OCCUPANCY REQUIREMENTS FOR SERVICEMEN

  [``Sec. 216. The Secretary is hereby authorized to insure any 
mortgage otherwise eligible for insurance under any of the 
provisions of this Act without regard to any requirement that 
the mortgagor be the occupant of the property at the time of 
insurance, where the Secretary is satisfied that the inability 
of the mortgagor to occupy the property is by reason of his 
entry on active duty in a uniformed service subsequent to the 
filing of an application for insurance and the mortgagor 
expresses an intent to occupy the property upon his release 
from active duty.''
  [(b) Section 222 of title II of the National Housing Act, as 
amended, is amended to read as follows:

                  [``MORTGAGE INSURANCE FOR SERVICEMEN

  [``Sec. 222. (a) The purpose of this section is to aid in the 
provision of housing accommodations for servicemen in the armed 
forces of the United States Coast Guard and their families, and 
servicemen in the United States National Oceanic and 
Atmospheric Administration and their families by supplementing 
the insurance of mortgages under section 203 of this title with 
a system of mortgage insurance specially designed to assist the 
financing required for the construction or purchase of 
dwellings by those persons. As used in this section, as 
`serviceman' means a person to whom the Secretary of Defense 
(or any officer or employee designated by him), the Secretary 
of Transportation (or any officer or employee designated by 
him), or the Secretary of Commerce (or any officer or employee 
designated by him), as the case may be, has issued a 
certificate hereunder indicating that such person requires 
housing, is serving on active duty in the armed forces of the 
United States, in the United States Coast Guard, or in the 
United States National Oceanic and Atmospheric Administration 
and has served on active duty for more than two years, but a 
certificate shall not be issued hereunder to any person ordered 
to active duty for training purposes only. The Secretary of 
Defense, the Secretary of Transportation, and the Secretary of 
Commerce, respectively, are authorized to prescribe rules and 
regulations governing the issuance of such certificates and may 
withhold issuance of more than one such certificate to a 
serviceman whenever in his discretion issuance is not justified 
due to circumstances resulting from military assignment, or, in 
the case of the United States Coast Guard or the United States 
National Oceanic and Atmospheric Administration, other 
assignment.
  [``(b) To be eligible for insurance under this section a 
mortgage shall--
          [``(1) meet the requirements of section 203(b), 
        203(i), 221(d)(2), or 234(c), except as such 
        requirements are modified by this section;
          [``(2) involve a principal obligation (including such 
        initial service charges, appraisal, inspection, and 
        other fees as the Secretary shall approve) in an amount 
        not to exceed $33,000, except that in the case of a 
        mortgage meeting the requirements of section 203(i) or 
        section 221(d)(2) such principal obligation shall not 
        exceed the maximum limits prescribed for such section;
          [``(3) have a principal obligation not in excess of 
        the sum of (i) 97 per centum of $15,000 of the 
        appraised value of the property as of the date the 
        mortgage is accepted for insurance, (ii) 90 per centum 
        of such value in excess of $15,000 but not in excess of 
        $25,000, and (iii) 85 per centum of such value in 
        excess of $25,000; and
          [``(4) be executed by a mortgagor who at the time of 
        application for insurance is certified as a 
        `serviceman' and who at the time of insurance is the 
        owner of the property and either occupies the property 
        or certifies that his failure to do so is the result of 
        his military assignment, or, in the case of the United 
        States Coast Guard or the United States National 
        Oceanic and Atmospheric Administration, other 
        assignment.
  [``(c) The Secretary may prescribe the manner in which a 
mortgage may be accepted for insurance under this section. 
Premiums fixed by the Secretary under section 203 with respect 
to, or payable during, the period of ownership by a serviceman 
of the property involved shall not be payable by the mortgage 
but shall be paid not less frequently than once each year, upon 
request of the Secretary to the Secretary of Defense, the 
Secretary of Transportation, or the Secretary of Commerce, as 
the case may be, from the respective appropriations available 
for pay and allowances of persons eligible for mortgage 
insuance under this section. As used herein, `the period of 
ownership by a serviceman' means the period, for which premiums 
are fixed, prior to the date that the Secretary of Defense (or 
any officer or employee or other person designated by him), the 
Secretary of Transportation (or any officer or employee or 
other person designated by him), or the Secretary of Commerce 
(or any officer or employee or other person designated by him), 
as the case may be, furnishes the Secretary with a 
certification that such ownership (as defined by the 
Secretary), has terminated.
  [``(d) Any mortgage under a mortgage insured under this 
section is entitled to the benefits of the insurance as 
provided in section 204(a) with respect to mortgages insured 
under section 203.
  [``(e) The provisions of subsections (b), (c), (d), (e), (f), 
(g), (h), (j), and (k) of section 204 shall apply to mortgages 
insured under this section, except that as applied to those 
mortgages (1) all references to the Fund, or Mutual Mortgage 
Insurance Fund, shall refer to the General Insurance Fund, and 
(2) all references to section 203 shall refer to this section.
  [``(f) The Secretary is authorized to transfer to this 
section the insurance on any mortgage covering a single-family 
dwelling or a one-family unit in a condominium project insured 
under this Act, if the mortgage indebtedness thereof has been 
assumed by a serviceman who at the time of assumption is the 
owner of the property and either occupies the property or 
certifies that his failure to do so is the result of his 
military assignment, or, in the case of the United States Coast 
Guard or the United States National Oceanic and Atmospheric 
Administration, other assignment.
  [``(g) Where a serviceman dies while on active duty in the 
armed forces of the United States or in the United States Coast 
Guard or in the United States National Oceanic and Atmospheric 
Administration, leaving a surviving widow as owner of the 
property, the period of ownership by the serviceman (within the 
meaning of subsection (c) of this section) shall extend for two 
years beyond the date of the serviceman's death or until the 
date the widow disposes of the property, whichever date occurs 
first. The Secretary of Defense or the Secretary of 
Transportation, or the Secretary of Commerce, as the case may 
be, shall notify such widow promptly following the serviceman's 
death of the additional costs to be borne by the mortgagor 
following termination of the two-year period.''
  [Sec. 8. All provisions of law inconsistent with this Act are 
hereby repealed.]
                              ----------                              


                 SECTION 16 OF THE ACT OF MAY 22, 1917

CHAP. 20.--An Act To temporarily increase the commissioned and warrant 
   and enlisted strength of the Navy and Marine Corps, and for other 
                               purposes.

  [Sec. 16. The President is authorized, whenever in his 
judgment a sufficient national emergency exists, to transfer to 
the service and jurisdiction of a military department such 
vessels, equipment, stations, and commissioned officers of the 
Environmental Science Services Administration as he may deem to 
the best interest of the country, and after such transfer all 
expenses connected therewith shall be defrayed out of the 
appropriations for the department to which transfer is made: 
Provided, That such vessels, equipment, stations, and 
commissioned officers shall be returned to the Environmental 
Science Services Administration when such national emergency 
ceases, in the opinion of the President, and nothing in this 
section shall be construed as transferring the Environmental 
Science Services Administration or any of its functions from 
the Department of Commerce except in time of national emergency 
and to the extent herein provided: Provided further, That any 
of the commissioned officers of the Environmental Science 
Services Administration who may be transferred as provided in 
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.
  [Nothing in this Act shall reduce the total amount of pay and 
allowances they were receiving at the time of transfer. Active 
service of commissioned officers of the Coast and Geodetic 
Survey shall be deemed to be active military service for the 
purposes of all laws administered by the Secretary of Veterans 
Affairs (except the Servicemen's Indemnity Act of 1951) and 
section 217 of the Social Security Act, and for the purposes of 
section 210 of the Social Security Act as in effect prior to 
the Social Security Act Amendments of 1950.
  [When serving with the Army, Navy, or Air Force, commissioned 
officers of the Coast and Geodetic Survey shall rank with and 
after officers of corresponding grade in the Army, Navy, or Air 
Force of the same length of service in grade.
  [And nothing in this Act shall be construed to affect or 
alter their rates of pay and allowances when not assigned to 
military duty as hereinbefore mentioned.
  [The Secretary of Defense and the Secretary of Commerce shall 
jointly prescribe regulations governing the duties to be 
performed by the Environmental Science Services Administration 
in time of war, and for the cooperation of that service with 
the military departments in time of peace in preparation for 
its duties in war, which regulations shall not be effective 
unless approved by each of those Secretaries, and included 
therein may be rules and regulations for making reports and 
communications between a military department and the 
Environmental Science Services Administration.]
                              ----------                              


                 SECTION 1 OF THE ACT OF JULY 22, 1947

   AN ACT To provide basic authority for the performance of certain 
  functions and activities of the Coast and Geodetic Survey, and for 
                            other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled[, That the 
Coast and Geodetic Survey is hereby authorized to provide, for 
appropriations now or hereafter made available to the Survey, 
for--
  [(a) Transportation (including packing, unpacking, crating, 
and uncrating) of personal and household effects of 
commissioned officers who die on active duty to the official 
residence of record for such officers, or, upon application by 
their dependents, to such other locations as may be determined 
by the Director of the Coast and Geodetic Survey or by such 
person as he may designate.
  [(b) Reimbursement, under regulations prescribed by the 
Secretary, of commissioned officers for food, clothing, 
medicines, and other supplies furnished by them for the 
temporary relief of distressed persons in remote localities and 
to shipwrecked persons temporarily provided for by them.]

           *       *       *       *       *       *       *

                              ----------                              


                 SECTION 11 OF THE ACT OF MAY 18, 1920

 CHAP. 190.--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.

  [Sec. 11. That in lieu of compensation now prescribed by law, 
commissioned officers of the Coast and Geodetic Survey shall 
receive the same pay and allowances as now are or hereafter may 
be prescribed for officers of the Navy with whom they hold 
relative rank as prescribed in the Act of May 22, 1917, 
entitled ``An Act to temporarily increase the commissioned and 
warrant and enlisted strength of the Navy and Marine Corps, and 
for other purposes,'' including longevity; and all laws 
relating to the retirement of commissioned officers of the Navy 
shall hereafter apply to commissioned officers of the Coast and 
Geodetic Survey: Provided, That hereafter longevity pay for 
officers in the Army, Navy, Marine Corps, Coast Guard, Public 
Health Service, and Coast and Geodetic Survey shall be based on 
the total of all service in any or all of said services.]
                              ----------                              


           SECTION 636 OF THE FOREIGN ASSISTANCE ACT OF 1961

  Sec. 636. Provisions on Uses of Funds.--(a) Appropriations 
for the purposes of or pursuant to this Act (except for Part 
II), allocations to any agency of the United States Government, 
from other appropriations, for functions directly related to 
the purposes of this Act, and funds made available for other 
purposes to the agency primarily responsible for administering 
part I, shall be available for:
          (1) * * *
          * * * * * * *
          [(17) expenses in connection with travel of personnel 
        outside the United States, including travel expenses of 
        dependents (including expenses during necessary 
        stopovers while engaged in such travel), and 
        transportation of personal effects, household goods, 
        and automobiles of such personnel when any part of such 
        travel or transportation begins in one fiscal year 
        pursuant to travel orders issued in that fiscal year, 
        notwithstanding the fact that such travel or 
        transportation may not be completed during the same 
        fiscal year, and cost of transporting automobiles to 
        and from a place of storage, and the cost of storing 
        automobiles of such personnel when it is in the public 
        interest or more economical to authorize storage.]
          * * * * * * *
                              ----------                              


              SECTION 1406 OF TITLE 10, UNITED STATES CODE

Sec. 1406. Retired pay base for members who first became members before 
                    September 8, 1980: final basic pay

  (a) * * *
          * * * * * * *
  (g) Commissioned Corps of National Oceanic and Atmospheric 
Administration.--In the case of an officer whose retired pay is 
computed under [section 16 of the Coast and Geodetic Survey 
Commissioned Officers' Act of 1948 (33 U.S.C. 853o)] section 
305 of the National Oceanic and Atmospheric Administration 
Commissioned Officers Act of 2002, the retired pay base is the 
basic pay of the rank with which the officer retired.
          * * * * * * *
                              ----------                              


 SECTION 566 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
                                  1996

SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF 
                    COMMISSIONED CORPS OF NATIONAL OCEANIC AND 
                    ATMOSPHERIC ADMINISTRATION.

  (a) * * *
          * * * * * * *
  (c) Temporary Early Retirement Authority.--Section 4403 
(other than subsection (f)) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the 
commissioned officer corps of the National Oceanic and 
Atmospheric Administration in the same manner and to the same 
extent as that section applies to the Department of Defense. 
The Secretary of Commerce shall implement the provisions of 
that section with respect to such commissioned officer corps 
and shall apply the provisions of that section to the 
provisions of [the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948] the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 relating 
to the retirement of members of such commissioned officer 
corps.
          * * * * * * *

                        Committee Correspondence

                          House of Representatives,
                                    Committee on Resources,
                                     Washington, DC, July 18, 2002.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: On June 26, 2002, the Committee on 
Resources ordered reported with an amendment H.R. 4883, to 
reauthorize the Hydrographic Services Improvement Act of 1998, 
and for other purposes. In Committees, the text of H.R. 4882, 
to revise and modernize the provisions of law governing the 
commissioned officer corps of the National Oceanic and 
Atmospheric Administration, was added as title II of H.R. 4883. 
Based on my discussions with the Parliamentarian, the Committee 
on Science would have some jurisdictional interest in title II 
of the reported bill.
    Becuase of the very few legislative days remaining in the 
107th Congress, I ask that the Committee on Science not seek a 
sequential referral of H.R. 4883, as amended. By foregoing this 
referral, the Committee on Science does not waive any subject 
matter jurisdiction over the reported text of title II nor 
should this action be considered as precedent for future 
actions. In addition, should a conference on this bill or a 
similar Senate bill become necessary, I agree to support your 
request for conferees on those matters within the Committee on 
Science's jurisdiction. Finally, I would be pleased to include 
my letter and your response in the bill report on H.R. 4883.
    Thank you for your continued cooperation in matters under 
our shared jurisdiction and I look forward to seeing H.R. 4883 
on the Floor soon.
            Sincerely,
                                           James V. Hansen,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                      Committee on Science,
                                     Washington, DC, July 19, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: Thank you for you letter of July 18, 
2002 concerning H.R. 4883, a bill to reauthorize the 
Hydrographic Services Improvement Act of 1998, and for other 
purposes. As you state in your letter, certain of the 
provisions of the bill fall within the jurisdiction of the 
Committee on Science. However, realizing your desire to bring 
the bill to the floor in an expeditious manner the Committee on 
Science will not seek a referral on the bill.
    By not seeking a referral the Committee on Science will in 
no way prejudice any of its jurisdictional prerogatives. 
Further, it is my understanding you will support our request 
for conferees should a conference between the House and the 
Senate be called on this or similar legislation. Finally, our 
exchange or correspondence will be entered into the report on 
H.R. 4883.
    Thank you for your cooperation in this matter.
            Sincerely,
                                         Sherwood Boehlert,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                            Committee on Veterans' Affairs,
                                     Washington, DC, July 25, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
Longworth House Office Building, Washington, DC.
    Dear Mr. Hansen: On June 27, 2002, I sent a letter to the 
Speaker with a copy to you regarding jurisdictional concerns of 
the Committee on Veterans' Affairs about section 262 of H.R. 
4883 (letter enclosed). The Committee on Veterans' Affairs 
would strongly object to any changes to the Soldiers' and 
Sailors' Civil Relief Act (SSCRA) or to laws on veterans' 
benefits being made by other committees. My understanding is 
that the intent of the Committee on Resources is not to make 
any changes to current law, but to restate current law with 
respect to coverage of commissioned officers of the National 
Atmospheric and Oceanic Administration by the SSCRA and with 
respect to veterans' benefits for those officers. I also 
understand that the Committee on Resources acknowledges the 
exclusive jurisdiction of the Committee on Veterans' Affairs 
over SSCRA and veterans' benefits under House Rule X.
    Upon confirmation of these understandings, the Committee 
would not object to consideration of H.R. 4883 without a 
sequential referral for section 262.
            Sincerely,
                                      Christopher H. Smith,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                     Committee on Resources
                                     Washington, DC, July 25, 2002.
Hon. Christopher H. Smith,
Chairman, Committee on Veterans' Affairs,
Cannon House Office Building, Washington, DC.
    Dear Mr. Chairman: The understandings stated in your letter 
of July 25, 2002, are correct. The Committee on Resources 
intends for section 262 of H.R. 4883 only to restate the 
current provision of title 33, United States Code, that 
includes commissioned officers of the National Oceanic and 
Atmospheric Administration under the coverage of the Soldiers' 
and Sailors' Civil Relief Act (SSCRA) and laws administered by 
the Secretary of Veterans Affairs. Section 262 would make no 
change to SSCRA or veteran' benefits.
    The Committee on Resources recognizes that under Rule X of 
the rules of the House of Representatives the Committee on 
Veterans' Affairs has exclusive jurisdiction over SSCRA and 
veterans' benefits.
    Thank you for agreeing to help expedite consideration of 
H.R. 4883 and for the outstanding work of Kingston Smith of 
your staff. I look forward to working with you for the 
remainder of the 107th Congress on issues of mutual interest to 
our two Committees.
    Sincerely,
                                           James V. Hansen,
                                                          Chairman.

                                
