[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4883 Enrolled Bill (ENR)]

        H.R.4883

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


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

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
Sec. 1. Table of contents.

             TITLE I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

Sec. 101. Short title; references.
Sec. 102. Definitions.
Sec. 103. Functions of Administrator.
Sec. 104. Quality assurance program.
Sec. 105. Hydrographic Services Review Panel.
Sec. 106. Authorization of appropriations.

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

Sec. 201. Short title.

                     Subtitle A--General Provisions

Sec. 211. Commissioned officer corps.
Sec. 212. Definitions.
Sec. 213. Authorized number on the active list.
Sec. 214. Strength and distribution in grade.
Sec. 215. Authorized number for fiscal years 2003 through 2005.

            Subtitle B--Appointment and Promotion of Officers

Sec. 221. Original appointments.
Sec. 222. Personnel boards.
Sec. 223. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 224. Promotion by selection to permanent grades above lieutenant 
          (junior grade).
Sec. 225. Length of service for promotion purposes.
Sec. 226. Appointments and promotions to permanent grades.
Sec. 227. General qualification of officers for promotion to higher 
          permanent grade.
Sec. 228. Positions of importance and responsibility.
Sec. 229. Temporary appointments and promotions generally.
Sec. 230. Temporary appointment or advancement of commissioned officers 
          in time of war or national emergency.
Sec. 231. Pay and allowances; date of acceptance of promotion.
Sec. 232. Service credit as deck officer or junior engineer for 
          promotion purposes.
Sec. 233. Suspension during war or emergency.

            Subtitle C--Separation and Retirement of Officers

Sec. 241. Involuntary retirement or separation.
Sec. 242. Separation pay.
Sec. 243. Mandatory retirement for age.
Sec. 244. Retirement for length of service.
Sec. 245. Computation of retired pay.
Sec. 246. Retired grade and retired pay.
Sec. 247. Retired rank and pay held pursuant to other laws unaffected.
Sec. 248. Continuation on active duty; deferral of retirement.
Sec. 249. Recall to active duty.

      Subtitle D--Service of Officers With the Military Departments

Sec. 251. Cooperation with and transfer to military departments.
Sec. 252. Relative rank of officers when serving with Army, Navy, or Air 
          Force.
Sec. 253. Rules and regulations when cooperating with military 
          departments.

                     Subtitle E--Rights and Benefits

Sec. 261. Applicability of certain provisions of title 10, United States 
          Code.
Sec. 262. Eligibility for veterans benefits and other rights, 
          privileges, immunities, and benefits under certain provisions 
          of law.
Sec. 263. Medical and dental care.
Sec. 264. Commissary privileges.
Sec. 265. Authority to use appropriated funds for transportation and 
          reimbursement of certain items.
Sec. 266. Presentation of United States flag upon retirement.

              Subtitle F--Repeals and Conforming Amendments

Sec. 271. Repeals.
Sec. 272. Conforming amendments.

       TITLE III--VARIOUS FISHERIES CONSERVATION REAUTHORIZATIONS

Sec. 301. Short title.
Sec. 302. Reauthorization and amendment of the Interjurisdictional 
          Fisheries Act of 1986.
Sec. 303. Reauthorization and amendment of the Anadromous Fish 
          Conservation Act.
Sec. 304. Reauthorization of the Atlantic Tunas Convention Act of 1975.
Sec. 305. Reauthorization of the Northwest Atlantic Fisheries Convention 
          Act of 1995.
Sec. 306. Extension of deadline.

                         TITLE IV--MISCELLANEOUS

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

            TITLE I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

SEC. 101. SHORT TITLE; REFERENCES.

    (a) Short Title.--This title may be cited as the ``Hydrographic 
Services Improvement Act Amendments of 2002''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this title an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.).

SEC. 102. DEFINITIONS.

    Section 302 (33 U.S.C. 892) is amended--
        (1) in paragraph (3) by inserting ``, geospatial, or 
    geomagnetic'' after ``geodetic''; and
        (2) in paragraph (4) by inserting ``geospatial, geomagnetic,'' 
    after ``geodetic,''.

SEC. 103. FUNCTIONS OF ADMINISTRATOR.

    (a) Hydrographic Monitoring Systems.--Section 303(b)(4) (33 U.S.C. 
892a(b)(4)) is amended to read as follows:
        ``(4) shall, subject to the availability of appropriations, 
    design, install, maintain, and operate real-time hydrographic 
    monitoring systems to enhance navigation safety and efficiency.''.
    (b) Conservation and Management of Coastal and Ocean Resources.--
Section 303 (33 U.S.C. 892a) is further amended by adding at the end 
the following:
    ``(c) Conservation and Management of Coastal and Ocean Resources.--
Where appropriate and to the extent that it does not detract from the 
promotion of safe and efficient navigation, the Secretary may use 
hydrographic data and services to support the conservation and 
management of coastal and ocean resources.''.

SEC. 104. QUALITY ASSURANCE PROGRAM.

    (a) In General.--Section 304(b)(1) (33 U.S.C. 892b(b)(1)) is 
amended to read as follows:
        ``(1) In general.--The Administrator--
            ``(A) by not later than 2 years after the date of enactment 
        of the Hydrographic Services Improvement Act Amendments of 
        2002, shall, subject to the availability of appropriations, 
        develop and implement a quality assurance program that is 
        equally available to all applicants, under which the 
        Administrator may certify hydrographic products that satisfy 
        the standards promulgated by the Administrator under section 
        303(a)(3) of this Act;
            ``(B) may authorize the use of the emblem or any trademark 
        of the Administration on a hydrographic product certified under 
        subparagraph (A); and
            ``(C) may charge a fee for such certification and use.''.

SEC. 105. HYDROGRAPHIC SERVICES REVIEW PANEL.

    Section 305 (33 U.S.C. 892c) is amended to read as follows:

``SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.

    ``(a) Establishment.--No later than 1 year after the date of 
enactment of the Hydrographic Services Improvement Act Amendments of 
2002, the Secretary shall establish the Hydrographic Services Review 
Panel.
    ``(b) Duties.--
        ``(1) In general.--The panel shall advise the Administrator on 
    matters related to the responsibilities and authorities set forth 
    in section 303 of this Act and such other appropriate matters as 
    the Administrator refers to the panel for review and advice.
        ``(2) Administrative resources.--The Administrator shall make 
    available to the panel such information, personnel, and 
    administrative services and assistance as it may reasonably require 
    to carry out its duties.
    ``(c) Membership.--
        ``(1) In general.--
            ``(A) The panel shall consist of 15 voting members who 
        shall be appointed by the Administrator. The Director of the 
        Joint Hydrographic Institute and no more than 2 employees of 
        the National Oceanic and Atmospheric Administration appointed 
        by the Administrator shall serve as nonvoting members of the 
        panel. The voting members of the panel shall be individuals 
        who, by reason of knowledge, experience, or training, are 
        especially qualified in one or more of the disciplines and 
        fields relating to hydrographic surveying, tide, current 
        geodetic and geospatial measurement, marine transportation, 
        port administration, vessel pilotage, and coastal and fishery 
        management.
            ``(B) An individual may not be appointed as a voting member 
        of the panel if the individual is a full-time officer or 
        employee of the United States.
            ``(C) Any voting member of the panel who is an applicant 
        for, or beneficiary (as determined by the Secretary) of, any 
        assistance under this Act shall disclose to the panel that 
        relationship, and may not vote on any matter pertaining to that 
        assistance.
        ``(2) Terms.--
            ``(A) The term of office of a voting member of the panel 
        shall be 4 years, except that of the original appointees, five 
        shall be appointed for a term of 2 years, five shall be 
        appointed for a term of 3 years, and five shall be appointed 
        for a term of 4 years, as specified by the Administrator at the 
        time of appointment.
            ``(B) Any individual appointed to a partial or full term 
        may be reappointed for one additional full term. A voting 
        member may serve after the date of the expiration of the term 
        of office for which appointed until his or her successor has 
        taken office.
        ``(3) Nominations.--At least once each year, the Secretary 
    shall publish a notice in the Federal Register soliciting 
    nominations for membership on the panel.
        ``(4) Chairman and vice chairman.--
            ``(A) The panel shall select one voting member to serve as 
        the Chairman and another voting member to serve as the Vice 
        Chairman.
            ``(B) The Vice Chairman shall act as Chairman in the 
        absence or incapacity of the Chairman.
    ``(d) Compensation.--Voting members of the panel shall--
        ``(1) receive compensation at a rate established by the 
    Secretary, not to exceed the maximum daily rate payable under 
    section 5376 of title 5, United States Code, when actually engaged 
    in the performance of duties for such panel; and
        ``(2) be reimbursed for actual and reasonable expenses incurred 
    in the performance of such duties.
    ``(e) Meetings.--The panel shall meet on a biannual basis and, at 
any other time, at the call of the Chairman or upon the request of a 
majority of the voting members or of the Secretary.
    ``(f) Powers.--The panel may exercise such powers as are reasonably 
necessary in order to carry out its duties under subsection (b).''.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following:
        ``(1) To carry out nautical mapping and charting functions 
    under sections 303 and 304 of this Act, except for conducting 
    hydrographic surveys--
            ``(A) $50,000,000 for fiscal year 2003;
            ``(B) $55,000,000 for fiscal year 2004;
            ``(C) $60,000,000 for fiscal year 2005;
            ``(D) $65,000,000 for fiscal year 2006; and
            ``(E) $70,000,000 for fiscal year 2007.
        ``(2) To contract for hydrographic surveys under section 
    303(b)(1), including the leasing or time chartering of vessels--
            ``(A) $40,000,000 for fiscal year 2003;
            ``(B) $42,500,000 for fiscal year 2004;
            ``(C) $45,000,000 for fiscal year 2005;
            ``(D) $47,500,000 for fiscal year 2006; and
            ``(E) $50,000,000 for fiscal year 2007.
        ``(3) To operate hydrographic survey vessels owned by the 
    United States and operated by the Administration--
            ``(A) $14,000,000 for fiscal year 2003;
            ``(B) $18,000,000 for fiscal year 2004; and
            ``(C) $21,000,000 for fiscal years 2005 through 2007.
        ``(4) To carry out geodetic functions under this title--
            ``(A) $27,500,000 for fiscal year 2003;
            ``(B) $30,000,000 for fiscal year 2004;
            ``(C) $32,500,000 for fiscal year 2005;
            ``(D) $35,000,000 for fiscal year 2006; and
            ``(E) $35,500,000 for fiscal year 2007.
        ``(5) To carry out tide and current measurement functions under 
    this title--
            ``(A) $25,000,000 for fiscal year 2003;
            ``(B) $27,500,000 for fiscal year 2004;
            ``(C) $30,000,000 for fiscal year 2005;
            ``(D) $32,500,000 for fiscal year 2006; and
            ``(E) $35,000,000 for fiscal year 2007.
        ``(6) To carry out activities authorized under this title that 
    enhance homeland security, including electronic navigation charts, 
    hydrographic surveys, real time tide and current measurements, and 
    geodetic functions, in addition to other amounts authorized by this 
    section, $20,000,000.''.

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

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002''.

                     Subtitle A--General Provisions

SEC. 211. COMMISSIONED OFFICER CORPS.

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

SEC. 212. DEFINITIONS.

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

SEC. 213. AUTHORIZED NUMBER ON THE ACTIVE LIST.

    (a) Annual Strength on Active List.--The annual strength of the 
commissioned corps in officers on the lineal list of active duty 
officers of the corps shall be prescribed by law.
    (b) Lineal List.--The Secretary shall maintain a list, known as the 
``lineal list'', of officers on active duty. Officers shall be carried 
on the lineal list by grade and, within grade, by seniority in grade.

SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

    (a) Relative Rank; Proportion.--Of the total authorized number of 
officers on the lineal list of the commissioned corps, there are 
authorized numbers in permanent grade, in relative rank with officers 
of the Navy, in proportions as follows:
        (1) 8 in the grade of captain.
        (2) 14 in the grade of commander.
        (3) 19 in the grade of lieutenant commander.
        (4) 23 in the grade of lieutenant.
        (5) 18 in the grade of lieutenant (junior grade).
        (6) 18 in the grade of ensign.
    (b) Computation of Number in Grade.--
        (1) In general.--Subject to paragraph (2), whenever a final 
    fraction occurs in computing the authorized number of officers in a 
    grade, the nearest whole number shall be taken, and if the fraction 
    is one-half the next higher whole number shall be taken.
        (2) Limitation on increase in total number.--The total number 
    of officers on the lineal list authorized by law may not be 
    increased as the result of the computations prescribed in this 
    section, and if necessary the number of officers in the lowest 
    grade shall be reduced accordingly.
    (c) Preservation of Grade and Pay, Etc.--No officer may be reduced 
in grade or pay or separated from the commissioned corps as the result 
of a computation made to determine the authorized number of officers in 
the various grades.
    (d) Filling of Vacancies; Additional Numbers.--Nothing in this 
section may be construed as requiring the filling of any vacancy or as 
prohibiting additional numbers in any grade to compensate for vacancies 
existing in higher grades.
    (e) Temporary Increase in Numbers.--The total number of officers 
authorized by law to be on the lineal list during a fiscal year may be 
temporarily exceeded so long as the average number on that list during 
that fiscal year does not exceed the authorized number.

SEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2005.

    There are authorized to be on the lineal list of the commissioned 
corps of the National Oceanic and Atmospheric Administration--
        (1) 270 officers for fiscal year 2003;
        (2) 285 officers for fiscal year 2004; and
        (3) 299 officers for fiscal year 2005.

           Subtitle B--Appointment and Promotion of Officers

SEC. 221. ORIGINAL APPOINTMENTS.

    (a) In General.--
        (1) Grades.--Original appointments may be made in the grades of 
    ensign, lieutenant (junior grade), and lieutenant.
        (2) Qualifications.--Under regulations prescribed by the 
    Secretary, such an appointment may be given only to a person who--
            (A) meets the qualification requirements specified in 
        paragraphs (1) through (4) of section 532(a) of title 10, 
        United States Code; and
            (B) has such other special qualifications as the Secretary 
        may prescribe by regulation.
        (3) Examination.--A person may be given such an appointment 
    only after passage of a mental and physical examination given in 
    accordance with regulations prescribed by the Secretary.
        (4) Revocation of commission of officers found not qualified.--
    The President may revoke the commission of any officer appointed 
    under this section during the officer's first three years of 
    service if the officer is found not qualified for the service. Any 
    such revocation shall be made under regulations prescribed by the 
    President.
    (b) Lineal List.--Each person appointed under this section shall be 
placed on the lineal list in a position commensurate with that person's 
age, education, and experience, in accordance with regulations 
prescribed by the Secretary.
    (c) Service Credit Upon Original Appointment in Grade Above 
Ensign.--
        (1) In general.--For the purposes of basic pay, a person 
    appointed under this section in the grade of lieutenant shall be 
    credited as having, on the date of that appointment, three years of 
    service, and a person appointed under this section in the grade of 
    lieutenant (junior grade) shall be credited as having, as of the 
    date of that appointment, 1\1/2\ years of service.
        (2) Higher credit under other law.--If a person appointed under 
    this section is entitled to credit for the purpose of basic pay 
    under any other provision of law that would exceed the amount of 
    credit authorized by paragraph (1), that person shall be credited 
    with that amount of service in lieu of the credit authorized by 
    paragraph (1).

SEC. 222. PERSONNEL BOARDS.

    (a) Convening.--At least once a year and at such other times as the 
Secretary determines necessary, the Secretary shall convene a personnel 
board. A personnel board shall consist of not less than five officers 
on the lineal list in the permanent grade of commander or above.
    (b) Duties.--Each personnel board shall--
        (1) recommend to the Secretary such changes in the lineal list 
    as the board may determine; and
        (2) make selections and recommendations to the Secretary and 
    President for the appointment, promotion, separation, continuation, 
    and retirement of officers as prescribed in this subtitle and 
    subtitle C.
    (c) Action on Recommendations Not Acceptable.--In a case in which 
any recommendation by a board convened under subsection (a) is not 
accepted by the Secretary or the President, the board shall make such 
further recommendations as are acceptable.

SEC. 223. PROMOTION OF ENSIGNS TO GRADE OF LIEUTENANT (JUNIOR GRADE).

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

SEC. 224. PROMOTION BY SELECTION TO PERMANENT GRADES ABOVE LIEUTENANT 
              (JUNIOR GRADE).

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

SEC. 225. LENGTH OF SERVICE FOR PROMOTION PURPOSES.

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

SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.

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

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

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

SEC. 228. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

    (a) Designation of Positions.--The Secretary may designate 
positions in the Administration as being positions of importance and 
responsibility for which it is appropriate that officers of the 
Administration, if serving in those positions, serve in the grade of 
vice admiral, rear admiral, or rear admiral (lower half), as designated 
by the Secretary for each position.
    (b) Assignment of Officers to Designated Positions.--The Secretary 
may assign officers to positions designated under subsection (a).
    (c) Director of NOAA Corps and Office of Marine and Aviation 
Operations.--The Secretary shall designate one position under this 
section as responsible for oversight of the vessel and aircraft fleets 
and for the administration of the commissioned officer corps. That 
position shall be filled by an officer on the lineal list serving in or 
above the grade of rear admiral (lower half). For the specific purpose 
of administering the commissioned officer corps, that position shall 
carry the title of Director of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps. For the specific purpose of 
administering the vessel and aircraft fleets, that position shall carry 
the title of Director of the Office of Marine and Aviation Operations.
    (d) Grade.--
        (1) Temporary appointment to grade designated for position.--An 
    officer assigned to a position under this section while so serving 
    has the grade designated for that position, if appointed to that 
    grade by the President, by and with the advice and consent of the 
    Senate.
        (2) Reversion to permanent grade.--An officer who has served in 
    a grade above captain, upon termination of the officer's assignment 
    to the position for which that appointment was made, shall, unless 
    appointed or assigned to another position for which a higher grade 
    is designated, revert to the grade and number the officer would 
    have occupied but for serving in a grade above that of captain. In 
    such a case, the officer shall be an extra number in that grade.
    (e) Number of Officers Appointed.--
        (1) Overall limit.--The total number of officers serving on 
    active duty at any one time in the grade of rear admiral (lower 
    half) or above may not exceed four.
        (2) Limit by grade.--The number of officers serving on active 
    duty under appointments under this section may not exceed--
            (A) one in the grade of vice admiral;
            (B) two in the grade of rear admiral; and
            (C) two in the grade of rear admiral (lower half).
    (f) Pay and Allowances.--An officer appointed to a grade under this 
section, while serving in that grade, shall have the pay and allowances 
of the grade to which appointed.
    (g) Effect of Appointment.--An appointment of an officer under this 
section--
        (1) does not vacate the permanent grade held by the officer; 
    and
        (2) creates a vacancy on the active list.

SEC. 229. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.

    (a) Ensign.--Temporary appointments in the grade of ensign may be 
made by the President alone. Each such temporary appointment terminates 
at the close of the next regular session of the Congress unless the 
Senate sooner gives its advice and consent to the appointment.
    (b) Lieutenant (Junior Grade).--Officers in the permanent grade of 
ensign may be temporarily promoted to and appointed in the grade of 
lieutenant (junior grade) by the President alone whenever vacancies 
exist in higher grades.
    (c) Any One Grade.--When determined by the Secretary to be in the 
best interest of the service, officers in any permanent grade may be 
temporarily promoted one grade by the President alone. Any such 
temporary promotion terminates upon the transfer of the officer to a 
new assignment.

SEC. 230. TEMPORARY APPOINTMENT OR ADVANCEMENT OF COMMISSIONED OFFICERS 
              IN TIME OF WAR OR NATIONAL EMERGENCY.

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

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

    (a) Acceptance and Date of Promotion.--An officer of the 
commissioned corps who is promoted to a higher grade--
        (1) is deemed for all purposes to have accepted the promotion 
    upon the date the promotion is made by the President, unless the 
    officer expressly declines the promotion; and
        (2) shall receive the pay and allowances of the higher grade 
    from that date unless the officer is entitled under another 
    provision of law to receive the pay and allowances of the higher 
    grade from an earlier date.
    (b) Oath of Office.--An officer who subscribed to the oath of 
office required by section 3331 of title 5, United States Code, shall 
not be required to renew such oath or to take a new oath upon promotion 
to a higher grade, if the service of the officer after the taking of 
such oath is continuous.

SEC. 232. SERVICE CREDIT AS DECK OFFICER OR JUNIOR ENGINEER FOR 
              PROMOTION PURPOSES.

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

SEC. 233. SUSPENSION DURING WAR OR EMERGENCY.

    In time of emergency declared by the President or by the Congress, 
and in time of war, the President is authorized, in the President's 
discretion, to suspend the operation of all or any part of the 
provisions of law pertaining to promotion of commissioned officers of 
the Administration.

           Subtitle C--Separation and Retirement of Officers

SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION.

    (a) Transfer of Officers to Retired List; Separation From 
Service.--As recommended by a personnel board convened under section 
222--
        (1) an officer in the permanent grade of captain or commander 
    may be transferred to the retired list; and
        (2) an officer in the permanent grade of lieutenant commander, 
    lieutenant, or lieutenant (junior grade) who is not qualified for 
    retirement may be separated from the service.
    (b) Computations.--In any fiscal year, the total number of officers 
selected for retirement or separation under subsection (a) plus the 
number of officers retired for age may not exceed the whole number 
nearest 4 percent of the total number of officers authorized to be on 
the active list, except as otherwise provided by law.
    (c) Effective Date of Retirements and Separations.--A retirement or 
separation under subsection (a) shall take effect on the first day of 
the sixth month beginning after the date on which the Secretary 
approves the retirement or separation, except that if the officer 
concerned requests an earlier retirement or separation date, the date 
shall be as determined by the Secretary.

SEC. 242. SEPARATION PAY.

    (a) Authorization of Payment.--An officer who is separated under 
section 241(a)(2) and who has completed more than three years of 
continuous active service immediately before that separation is 
entitled to separation pay computed under subsection (b) unless the 
Secretary determines that the conditions under which the officer is 
separated do not warrant payment of that pay.
    (b) Amount of Separation Pay.--
        (1) Six or more years.--In the case of an officer who has 
    completed six or more years of continuous active service 
    immediately before that separation, the amount of separation pay to 
    be paid to the officer under this section is 10 percent of the 
    product of--
            (A) the years of active service creditable to the officer; 
        and
            (B) 12 times the monthly basic pay to which the officer was 
        entitled at the time of separation.
        (2) Three to six years.--In the case of an officer who has 
    completed three or more but fewer than six years of continuous 
    active service immediately before that separation, the amount of 
    separation pay to be paid to the officer under this section is one-
    half of the amount computed under paragraph (1).
    (c) Other Conditions, Requirements, and Administrative 
Provisions.--The provisions of subsections (f), (g), and (h) of section 
1174 of title 10, United States Code, shall apply to separation pay 
under this section in the same manner as such provisions apply to 
separation pay under that section.

SEC. 243. MANDATORY RETIREMENT FOR AGE.

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

SEC. 244. RETIREMENT FOR LENGTH OF SERVICE.

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

SEC. 245. COMPUTATION OF RETIRED PAY.

    (a) Officers First Becoming Members Before September 8, 1980.--Each 
officer on the retired list who first became a member of a uniformed 
service before September 8, 1980, shall receive retired pay at the rate 
determined by multiplying--
        (1) the retired pay base determined under section 1406(g) of 
    title 10, United States Code; by
        (2) 2\1/2\ percent of the number of years of service that may 
    be credited to the officer under section 1405 of such title as if 
    the officer's service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired 
pay base.
    (b) Officers First Becoming Members on or After September 8, 
1980.--Each officer on the retired list who first became a member of a 
uniformed service on or after September 8, 1980, shall receive retired 
pay at the rate determined by multiplying--
        (1) the retired pay base determined under section 1407 of title 
    10, United States Code; by
        (2) the retired pay multiplier determined under section 1409 of 
    such title for the number of years of service that may be credited 
    to the officer under section 1405 of such title as if the officer's 
    service were service as a member of the Armed Forces.
    (c) Treatment of Full and Fractional Parts of Months in Computing 
Years of Service.--
        (1) In general.--In computing the number of years of service of 
    an officer for the purposes of subsection (a)--
            (A) each full month of service that is in addition to the 
        number of full years of service creditable to the officer shall 
        be credited as \1/12\ of a year; and
            (B) any remaining fractional part of a month shall be 
        disregarded.
        (2) Rounding.--Retired pay computed under this section, if not 
    a multiple of $1, shall be rounded to the next lower multiple of 
    $1.

SEC. 246. RETIRED GRADE AND RETIRED PAY.

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

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

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

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

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

SEC. 249. RECALL TO ACTIVE DUTY.

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

     Subtitle D--Service of Officers With the Military Departments

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

    (a) Transfers of Resources and Officers During National 
Emergency.--
        (1) Transfers authorized.--The President may, whenever in the 
    judgment of the President a sufficient national emergency exists, 
    transfer to the service and jurisdiction of a military department 
    such vessels, equipment, stations, and officers of the 
    Administration as the President considers to be in the best 
    interest of the country.
        (2) Responsibility for funding of transferred resources and 
    officers.--After any such transfer all expenses connected therewith 
    shall be defrayed out of the appropriations for the department to 
    which the transfer is made.
        (3) Return of transferred resources and officers.--Such 
    transferred vessels, equipment, stations, and officers shall be 
    returned to the Administration when the national emergency ceases, 
    in the opinion of the President.
        (4) Rule of construction.--Nothing in this section shall be 
    construed as transferring the Administration or any of its 
    functions from the Department of Commerce except in time of 
    national emergency and to the extent provided in this section.
    (b) Limitation on Transfer of Officers.--This section does not 
authorize the transfer of an officer of the Administration to a 
military department if the accession or retention of that officer in 
that military department is otherwise not authorized by law.
    (c) Status of Transferred Officers.--An officer of the 
Administration transferred under this section, shall, while under the 
jurisdiction of a military department, have proper military status and 
shall be subject to the laws, regulations, and orders for the 
government of the Army, Navy, or Air Force, as the case may be, insofar 
as the same may be applicable to persons whose retention permanently in 
the military service of the United States is not contemplated by law.

SEC. 252. RELATIVE RANK OF OFFICERS WHEN SERVING WITH ARMY, NAVY, OR 
              AIR FORCE.

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

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

    (a) Joint Regulations.--The Secretary of Defense and the Secretary 
of Commerce shall jointly prescribe regulations--
        (1) governing the duties to be performed by the Administration 
    in time of war; and
        (2) providing for the cooperation of the Administration with 
    the military departments in time of peace in preparation for its 
    duties in time of war.
    (b) Approval.--Regulations under subsection (a) shall not be 
effective unless approved by each of those Secretaries.
    (c) Communications.--Regulations under subsection (a) may provide 
procedures for making reports and communications between a military 
department and the Administration.

                    Subtitle E--Rights and Benefits

SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
              STATES CODE.

    (a) Provisions Made Applicable to the Corps.--The rules of law that 
apply to the Armed Forces under the following provisions of title 10, 
United States Code, as those provisions are in effect from time to 
time, apply also to the commissioned officer corps of the 
Administration:
        (1) Chapter 40, relating to leave.
        (2) Section 533(b), relating to constructive service.
        (3) Section 716, relating to transfers between the armed forces 
    and to and from National Oceanic and Atmospheric Administration.
        (4) Section 1035, relating to deposits of savings.
        (5) Section 1036, relating to transportation and travel 
    allowances for escorts for dependents of members.
        (6) Section 1052, relating to reimbursement for adoption 
    expenses.
        (7) Section 1174a, relating to special separation benefits 
    (except that benefits under subsection (b)(2)(B) of such section 
    are subject to the availability of appropriations for such purpose 
    and are provided at the discretion of the Secretary of Commerce).
        (8) Chapter 61, relating to retirement or separation for 
    physical disability.
        (9) Chapter 69, relating to retired grade, except sections 
    1370, 1375, and 1376.
        (10) Chapter 71, relating to computation of retired pay.
        (11) Chapter 73, relating to annuities based on retired or 
    retainer pay.
        (12) Subchapter II of chapter 75, relating to death benefits.
        (13) Section 2634, relating to transportation of motor vehicles 
    for members on permanent change of station.
        (14) Sections 2731 and 2735, relating to property loss incident 
    to service.
        (15) Section 2771, relating to final settlement of accounts of 
    deceased members.
        (16) Such other provisions of subtitle A of that title as may 
    be adopted for applicability to the commissioned officer corps of 
    the National Oceanic and Atmospheric Administration by any other 
    provision of law.
    (b) References.--The authority vested by title 10, United States 
Code, in the ``military departments'', ``the Secretary concerned'', or 
``the Secretary of Defense'' with respect to the provisions of law 
referred to in subsection (a) shall be exercised, with respect to the 
commissioned officer corps of the Administration, by the Secretary of 
Commerce or the Secretary's designee.

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

    (a) In General.--Active service of officers of the Administration 
shall be deemed to be active military service for the purposes of all 
rights, privileges, immunities, and benefits under the following:
        (1) Laws administered by the Secretary of Veterans Affairs.
        (2) The Soldiers' and Sailors' Civil Relief Act of 1940 (50 
    App. U.S.C. 501 et seq.).
        (3) Section 210 of the Social Security Act (42 U.S.C. 410), as 
    in effect before September 1, 1950.
    (b) Exercise of Authority.--In the administration of the laws and 
regulations referred to in subsection (a), with respect to the 
Administration, the authority vested in the Secretary of Defense and 
the Secretaries of the military departments and their respective 
departments shall be exercised by the Secretary of Commerce.

SEC. 263. MEDICAL AND DENTAL CARE.

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

SEC. 264. COMMISSARY PRIVILEGES.

    (a) Extension of Privilege.--Commissioned officers, ships' 
officers, and members of crews of vessels of the Administration shall 
be permitted to purchase commissary and quartermaster supplies as far 
as available from the Armed Forces at the prices charged officers and 
enlisted members of the Armed Forces.
    (b) Sales of Rations, Stores, Uniforms, and Related Equipment.--The 
Secretary may purchase ration supplies for messes, stores, uniforms, 
accouterments, and related equipment for sale aboard ship and shore 
stations of the Administration to members of the uniformed services and 
to personnel assigned to such ships or shore stations. Sales shall be 
in accordance with regulations prescribed by the Secretary, and 
proceeds therefrom shall, as far as is practicable, fully reimburse the 
appropriations charged without regard to fiscal year.
    (c) Surviving Spouses' Rights.--Rights extended to members of the 
uniformed services in this section are extended to their surviving 
spouses and to such others as are designated by the Secretary 
concerned.

SEC. 265. AUTHORITY TO USE APPROPRIATED FUNDS FOR TRANSPORTATION AND 
              REIMBURSEMENT OF CERTAIN ITEMS.

    (a) Transportation of Effects of Deceased Officers.--In the case of 
an officer who dies on active duty, the Secretary may provide, from 
appropriations made available to the Administration, transportation 
(including packing, unpacking, crating, and uncrating) of personal and 
household effects of that officer to the official residence of record 
of that officer. However, upon application by the dependents of such an 
officer, such transportation may be provided to such other location as 
may be determined by the Secretary.
    (b) Reimbursement for Supplies Furnished by Officers to Distressed 
and Shipwrecked Persons.--Under regulations prescribed by the 
Secretary, appropriations made available to the Administration may be 
used to reimburse an officer for food, clothing, medicines, and other 
supplies furnished by the officer--
        (1) for the temporary relief of distressed persons in remote 
    localities; or
        (2) to shipwrecked persons who are temporarily provided for by 
    the officer.

SEC. 266. PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT.

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

             Subtitle F--Repeals and Conforming Amendments

SEC. 271. REPEALS.

    The following provisions of law are repealed:
        (1) The Coast and Geodetic Survey Commissioned Officers' Act of 
    1948 (33 U.S.C. 853a et seq.).
        (2) Section 3 of the Act of August 10, 1956 (33 U.S.C. 857a).
        (3) Public Law 91-621 (33 U.S.C. 857-1 et seq.).
        (4) Section 16 of the Act of May 22, 1917 (33 U.S.C. 854, 855, 
    856, 857, and 858).
        (5) Section 1 of the Act of July 22, 1947 (33 U.S.C. 874).
        (6) Section 11 of the Act entitled ``An Act to increase the 
    efficiency of the commissioned and enlisted personnel of the Army, 
    Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and 
    Public Health Service'', enacted May 18, 1920 (33 U.S.C. 864).
        (7) Section 636(a)(17) of the Foreign Assistance Act of 1961 
    (22 U.S.C. 2396(a)(17)).

SEC. 272. CONFORMING AMENDMENTS.

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

       TITLE III--VARIOUS FISHERIES CONSERVATION REAUTHORIZATIONS

SEC. 301. SHORT TITLE.

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

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

    (a) Reauthorization.--Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
        (1) by amending subsection (a) to read as follows:
    ``(a) General Appropriations.--There are authorized to be 
appropriated to the Department of Commerce for apportionment to carry 
out the purposes of this title--
        ``(1) $5,400,000 for each of fiscal years 2003 and 2004; and
        ``(2) $5,900,000 for each of fiscal years 2005 and 2006.''; and
        (2) in subsection (c) by striking ``$700,000 for fiscal year 
    1997, and $750,000 for each of the fiscal years 1998, 1999, and 
    2000'' and inserting ``$850,000 for each of fiscal years 2003 and 
    2004, and $900,000 for each of fiscal years 2005 and 2006''.
    (b) Purposes of the Interjurisdictional Fisheries Act of 1986.--
Section 302 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
4101) is amended by striking ``and'' after the semicolon at the end of 
paragraph (1), striking the period at the end of paragraph (2) and 
inserting ``; and'', and adding at the end the following:
        ``(3) to promote and encourage research in preparation for the 
    implementation of the use of ecosystems and interspecies approaches 
    to the conservation and management of interjurisdictional fishery 
    resources throughout their range.''.

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

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


                    ``authorization of appropriations

    ``Sec. 4. (a)(1) There are authorized to be appropriated to carry 
out the purposes of this Act not to exceed the following sums:
        ``(A) $4,750,000 for each of fiscal years 2003 and 2004; and
        ``(B) $5,000,000 for each of fiscal years 2005 and 2006.
    ``(2) Sums appropriated under this subsection are authorized to 
remain available until expended.
    ``(b) Not more than $625,000 of the funds appropriated under this 
section in any one fiscal year shall be obligated in any one State.''.
    (b) Research on and Use of Ecosystems and Interspecies Approaches 
to Conservation and Management.--The first section of the Anadromous 
Fish Conservation Act (16 U.S.C. 757a) is amended in subsection (b) by 
inserting ``(1)'' after ``(b)'', and by adding at the end the 
following:
    ``(2) In carrying out responsibilities under this section, the 
Secretary shall conduct, promote, and encourage research in preparation 
for the implementation of the use of ecosystems and interspecies 
approaches to the conservation and management of anadromous and Great 
Lakes fishery resources.''.

SEC. 304. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.

    Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended to read as follows:


                    ``authorization of appropriations

    ``Sec. 10. (a) In General.--There are authorized to be appropriated 
to carry out this Act, including use for payment of the United States 
share of the joint expenses of the Commission as provided in Article X 
of the Convention, the following sums:
        ``(1) For each of fiscal years 2003 and 2004, $5,480,000.
        ``(2) For each of fiscal years 2005 and 2006, $5,495,000.
    ``(b) Allocation.--Of amounts available under this section for each 
fiscal year--
        ``(1) $150,000 are authorized for the advisory committee 
    established under section 4 and the species working groups 
    established under section 4A; and
        ``(2) $4,240,000 are authorized for research activities under 
    this Act and the Act of September 4, 1980 (16 U.S.C. 971i).''.

SEC. 305. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES 
              CONVENTION ACT OF 1995.

    Section 211 of the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5610) is amended by striking ``2001'' and inserting 
``2006''.

SEC. 306. EXTENSION OF DEADLINE.

    (a) Extension of Deadline.--The Oceans Act of 2000 (Public Law 106-
256) is amended--
        (1) in section 3(i) (114 Stat. 648) by striking ``30 days'' and 
    inserting ``90 days''; and
        (2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note) by 
    striking ``120 days'' and inserting ``90 days''.
    (b) Authorization of Appropriations.--Section 3(j) of such Act (114 
Stat. 648) is amended by striking ``$6,000,000'' and inserting 
``$8,500,000''.
    (c) Technical Corrections.--Section 3(e) of such Act (114 Stat. 
646) is amended--
        (1) in paragraph (1) by striking the colon in the third 
    sentence and inserting a period;
        (2) by inserting immediately after such period the following:
        ``(2) Notice; Minutes; Public Availability of Documents.--''; 
    and
        (3) by redesignating the subsequent paragraphs in order as 
    paragraphs (3) and (4), respectively.

                        TITLE IV--MISCELLANEOUS

SEC. 401. CHESAPEAKE BAY OFFICE.

    (a) Reauthorization of Office.--Section 307 of the National Oceanic 
and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 
1511d) is amended to read as follows:

``SEC. 307. CHESAPEAKE BAY OFFICE.

    ``(a) Establishment.--(1) The Secretary of Commerce shall 
establish, within the National Oceanic and Atmospheric Administration, 
an office to be known as the Chesapeake Bay Office (in this section 
referred to as the `Office').
    ``(2) The Office shall be headed by a Director who shall be 
appointed by the Secretary of Commerce, in consultation with the 
Chesapeake Executive Council. Any individual appointed as Director 
shall have knowledge and experience in research or resource management 
efforts in the Chesapeake Bay.
    ``(3) The Director may appoint such additional personnel for the 
Office as the Director determines necessary to carry out this section.
    ``(b) Functions.--The Office, in consultation with the Chesapeake 
Executive Council, shall--
        ``(1) provide technical assistance to the Administrator, to 
    other Federal departments and agencies, and to State and local 
    government agencies in--
            ``(A) assessing the processes that shape the Chesapeake Bay 
        system and affect its living resources;
            ``(B) identifying technical and management alternatives for 
        the restoration and protection of living resources and the 
        habitats they depend upon; and
            ``(C) monitoring the implementation and effectiveness of 
        management plans;
        ``(2) develop and implement a strategy for the National Oceanic 
    and Atmospheric Administration that integrates the science, 
    research, monitoring, data collection, regulatory, and management 
    responsibilities of the Secretary of Commerce in such a manner as 
    to assist the cooperative, intergovernmental Chesapeake Bay Program 
    to meet the commitments of the Chesapeake Bay Agreement;
        ``(3) coordinate the programs and activities of the various 
    organizations within the National Oceanic and Atmospheric 
    Administration, the Chesapeake Bay Regional Sea Grant Programs, and 
    the Chesapeake Bay units of the National Estuarine Research Reserve 
    System, including--
            ``(A) programs and activities in--
                ``(i) coastal and estuarine research, monitoring, and 
            assessment;
                ``(ii) fisheries research and stock assessments;
                ``(iii) data management;
                ``(iv) remote sensing;
                ``(v) coastal management;
                ``(vi) habitat conservation and restoration; and
                ``(vii) atmospheric deposition; and
            ``(B) programs and activities of the Cooperative Oxford 
        Laboratory of the National Ocean Service with respect to--
                ``(i) nonindigenous species;
                ``(ii) estuarine and marine species pathology;
                ``(iii) human pathogens in estuarine and marine 
            environments; and
                ``(iv) ecosystem health;
        ``(4) coordinate the activities of the National Oceanic and 
    Atmospheric Administration with the activities of the Environmental 
    Protection Agency and other Federal, State, and local agencies;
        ``(5) establish an effective mechanism which shall ensure that 
    projects have undergone appropriate peer review and provide other 
    appropriate means to determine that projects have acceptable 
    scientific and technical merit for the purpose of achieving maximum 
    utilization of available funds and resources to benefit the 
    Chesapeake Bay area;
        ``(6) remain cognizant of ongoing research, monitoring, and 
    management projects and assist in the dissemination of the results 
    and findings of those projects; and
        ``(7) submit a biennial report to the Congress and the 
    Secretary of Commerce with respect to the activities of the Office 
    and on the progress made in protecting and restoring the living 
    resources and habitat of the Chesapeake Bay, which report shall 
    include an action plan consisting of--
            ``(A) a list of recommended research, monitoring, and data 
        collection activities necessary to continue implementation of 
        the strategy described in paragraph (2); and
            ``(B) proposals for--
                ``(i) continuing any new National Oceanic and 
            Atmospheric Administration activities in the Chesapeake 
            Bay; and
                ``(ii) the integration of those activities with the 
            activities of the partners in the Chesapeake Bay Program to 
            meet the commitments of the Chesapeake 2000 agreement and 
            subsequent agreements.
    ``(c) Chesapeake Bay Fishery and Habitat Restoration Small 
Watershed Grants Program.--
        ``(1) In general.--The Director of the Chesapeake Bay Office of 
    the National Oceanic and Atmospheric Administration (in this 
    section referred to as the `Director'), in cooperation with the 
    Chesapeake Executive Council, shall carry out a community-based 
    fishery and habitat restoration small grants and technical 
    assistance program in the Chesapeake Bay watershed.
        ``(2) Projects.--
            ``(A) Support.--The Director shall make grants under this 
        subsection to pay the Federal share of the cost of projects 
        that are carried out by entities eligible under paragraph (3) 
        for the restoration of fisheries and habitats in the Chesapeake 
        Bay.
            ``(B) Federal share.--The Federal share under subparagraph 
        (A) shall not exceed 75 percent.
            ``(C) Types of projects.--Projects for which grants may be 
        made under this subsection include--
                ``(i) the improvement of fish passageways;
                ``(ii) the creation of natural or artificial reefs or 
            substrata for habitats;
                ``(iii) the restoration of wetland or sea grass;
                ``(iv) the production of oysters for restoration 
            projects; and
                ``(v) the prevention, identification, and control of 
            nonindigenous species.
        ``(3) Eligible entities.--The following entities are eligible 
    to receive grants under this subsection:
            ``(A) The government of a political subdivision of a State 
        in the Chesapeake Bay watershed, and the government of the 
        District of Columbia.
            ``(B) An organization in the Chesapeake Bay watershed (such 
        as an educational institution or a community organization)--
                ``(i) that is described in section 501(c) of the 
            Internal Revenue Code of 1986 and is exempt from taxation 
            under section 501(a) of that Code; and
                ``(ii) that will administer such grants in coordination 
            with a government referred to in subparagraph (A).
        ``(4) Additional requirements.--The Director may prescribe any 
    additional requirements, including procedures, that the Director 
    considers necessary to carry out the program under this subsection.
    ``(d) Chesapeake Executive Council.--For purposes of this section, 
`Chesapeake Executive Council' means the representatives from the 
Commonwealth of Virginia, the State of Maryland, the Commonwealth of 
Pennsylvania, the Environmental Protection Agency, the District of 
Columbia, and the Chesapeake Bay Commission, who are signatories to the 
Chesapeake Bay Agreement, and any future signatories to that Agreement.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Commerce for the Chesapeake Bay 
Office $6,000,000 for each of fiscal years 2002 through 2006.''.
    (b) Conforming Amendment.--Section 2 of the National Oceanic and 
Atmospheric Administration Marine Fisheries Program Authorization Act 
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection 
(e).
    (c) Multiple Species Management Strategy.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Director of the Chesapeake Bay Office of 
    the National Oceanic and Atmospheric Administration shall begin a 
    5-year study, in cooperation with the scientific community of the 
    Chesapeake Bay, appropriate State and interstate resource 
    management entities, and appropriate Federal agencies--
            (A) to determine and expand the understanding of the role 
        and response of living resources in the Chesapeake Bay 
        ecosystem; and
            (B) to develop a multiple species management strategy for 
        the Chesapeake Bay.
        (2) Required elements of study.--In order to improve the 
    understanding necessary for the development of the strategy under 
    paragraph (1)(B), the study shall--
            (A) determine the current status and trends of fish and 
        shellfish that live in the Chesapeake Bay and its tributaries 
        and are selected for study;
            (B) evaluate and assess interactions among the fish and 
        shellfish referred to in subparagraph (A) and other living 
        resources, with particular attention to the impact of changes 
        within and among trophic levels; and
            (C) recommend management actions to optimize the return of 
        a healthy and balanced ecosystem for the Chesapeake Bay.

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

    (a) In General.--Except as provided in subsection (c), the 
Secretary of Commerce shall convey to the Board of Trustees of the 
California State University, by suitable instrument, in accordance with 
this section, by as soon as practicable, but not later than 180 days 
after the date of the enactment of this Act, and without consideration, 
all right, title, and interest of the United States in the balance of 
the National Oceanic and Atmospheric Administration property known as 
the Tiburon Laboratory, located in Tiburon, California, as described in 
Exhibit A of the notarized, revocable license between the 
Administration and Romberg Tiburon Center for Environmental Studies at 
San Francisco State University dated November 5, 2001 (license number 
01ABF779-N).
    (b) Conditions.--As a condition of any conveyance by the Secretary 
under this section the Secretary shall require the following:
        (1) The property conveyed shall be administered by the Romberg 
    Tiburon Center for Environmental Studies at San Francisco State 
    University and used only for the following purposes:
            (A) To enhance estuarine scientific research and estuary 
        restoration activities within San Francisco Bay.
            (B) To administer and coordinate management activities at 
        the San Francisco Bay National Estuarine Research Reserve.
            (C) To conduct education and interpretation and outreach 
        activities to enhance public awareness and appreciation of 
        estuary resources, and for other purposes.
        (2) The Board shall--
            (A) take title to the property as is;
            (B) assume full responsibility for all facility maintenance 
        and repair, security, fire prevention, utilities, signs, and 
        grounds maintenance;
            (C) allow the Secretary to have all necessary ingress and 
        egress over the property of the Board to access Department of 
        Commerce building and related facilities, equipment, 
        improvements, modifications, and alterations; and
            (D) not erect or allow to be erected any structure or 
        structures or obstruction of whatever kind that will interfere 
        with the access to or operation of property retained for the 
        United States under subsection (c)(1), unless prior written 
        consent has been provided by the Secretary to the Board.
    (c) Retained Interests.--The Secretary shall retain for the United 
States--
        (1) all right, title, and interest in and to the portion of the 
    property referred to in subsection (a) comprising Building 86, 
    identified as Parcel C on Exhibit A of the license referred to in 
    subsection (a), including all facilities, equipment, fixtures, 
    improvements, modifications, or alterations made by the Secretary;
        (2) rights-of-way and easements that are determined by the 
    Secretary to be reasonable and convenient to ensure all necessary 
    ingress, egress, utilities, drainage, and sewage disposal for the 
    property retained under paragraph (1), including access to the 
    existing boat launch ramp (or equivalent) and parking that is 
    suitable to the Secretary;
        (3) the exclusive right to install, maintain, repair, replace, 
    and remove its facilities, fixtures, and equipment on the retained 
    property, and to authorize other persons to take any such action;
        (4) the right to grade, condition, and install drainage 
    facilities, and to seed soil on the retained property, if 
    necessary; and
        (5) the right to remove all obstructions from the retained 
    property that may constitute a hindrance to the establishment and 
    maintenance of the retained property.
    (d) Equivalent Alternative.--
        (1) In general.--At any time, either the Secretary or the Board 
    may request of each other to enter into negotiations pursuant to 
    which the Board may convey if appropriate to the United States, in 
    exchange for property conveyed by the United States under 
    subsection (a), another building that is equivalent in function to 
    the property retained under subsection (c) that is acceptable to 
    the Secretary.
        (2) Location.--Property conveyed by the Board under this 
    subsection is not required to be located on the property referred 
    to in subsection (a).
        (3) Costs.--If the Secretary and the Board engage in a property 
    exchange under this subsection, all costs for repair, removal, and 
    moving of facilities, equipment, fixtures, improvements, 
    modifications, or alterations, including power, control, and 
    utilities, that are necessary for the exchange--
            (A) shall be the responsibility of the Secretary, if the 
        action to seek an equivalent alternative was requested by the 
        Secretary in response to factors unrelated to the activities of 
        the Board or its operatives in the operation of its facilities; 
        or
            (B) shall be the responsibility of the Board, if the 
        Secretary's request for an equivalent alternative was in 
        response to changes or modifications made by the Board or its 
        operatives that adversely affected the Secretary's interest in 
        the property retained under subsection (c).
    (e) Additional Conditions.--As conditions of any conveyance under 
subsection (a)--
        (1) the Secretary shall require that--
            (A) the Board remediate, or have remediated, at its sole 
        cost, all hazardous or toxic substance contamination found on 
        the property conveyed under subsection (a), whether known or 
        unknown at the time of the conveyance or later discovered; and
            (B) the Board of Trustees hold harmless the Secretary for 
        any and all costs, liabilities, or claims by third parties that 
        arise out of any hazardous or toxic substance contamination 
        found on the property conveyed under subsection (a) that are 
        not directly attributable to the installation, operation, or 
        maintenance of the Secretary's facilities, equipment, fixtures, 
        improvements, modifications, or alterations;
        (2) the Secretary shall remediate, at the sole cost of the 
    United States, all hazardous or toxic substance contamination on 
    the property retained under subsection (c) that is found to have 
    occurred as a direct result of the installation, operation, or 
    maintenance of the Secretary's facilities, equipment, fixtures, 
    improvements, modifications, or alterations; and
        (3) if the Secretary decides to terminate future occupancy and 
    interest of the property retained under subsection (c), the 
    Secretary shall--
            (A) provide written notice to the Board at least 60 days 
        prior to the scheduled date when the property will be vacated;
            (B) remove facilities, equipment, fixtures, improvements, 
        modifications, or alterations and restore the property to as 
        good a condition as existed at the time the property was 
        retained under subsection (c), taking into account ordinary 
        wear and tear and exposure to natural elements or phenomena; or
            (C) surrender all facilities, equipment, fixtures, 
        improvements, modifications, or alterations to the Board in 
        lieu of restoration, whereupon title shall vest in the Board of 
        Trustees, and whereby all obligations of restoration under this 
        subsection shall be waived, and all interests retained under 
        subsection (c) shall be revoked.
    (f) Reversionary Interest.--
        (1) In general.--All right, title, and interest in and to all 
    property and interests conveyed by the United States under this 
    section shall revert to the United States on the date on which the 
    Board uses any of the property for any purpose other than the 
    purposes described in subsection (b)(1).
        (2) Administration of reverted property.--Any property that 
    reverts to the United States under this subsection shall be under 
    the administrative jurisdiction of the Administrator of General 
    Services.
        (3) Annual certification.--One year after the date of a 
    conveyance made pursuant to subsection (a), and annually 
    thereafter, the Board shall certify to the Administrator of General 
    Services or his or her designee that the Board and its designees 
    are in compliance with the conditions of conveyance under 
    subsections (b) and (e).
    (g) Definitions.--In this section:
        (1) Board.--The term ``Board'' means the Board of Trustees of 
    the California State University.
        (2) Center.--The term ``Center'' means the Romberg Tiburon 
    Center for Environmental Studies at San Francisco State University.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    Commerce.

SEC. 403. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.