[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4883 Reported in House (RH)]
Union Calendar No. 372
107th CONGRESS
2d Session
H. R. 4883
[Report No. 107-621]
To reauthorize the Hydrographic Services Improvement Act of 1998, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2002
Mr. Young of Alaska (for himself, Mr. Hansen, Mr. Gilchrest, and Mr.
Saxton) introduced the following bill; which was referred to the
Committee on Resources
July 26, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June 6,
2002]
_______________________________________________________________________
A BILL
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. 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''.
Union Calendar No. 372
107th CONGRESS
2d Session
H. R. 4883
[Report No. 107-621]
_______________________________________________________________________
A BILL
To reauthorize the Hydrographic Services Improvement Act of 1998, and
for other purposes.
_______________________________________________________________________
July 26, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed