Pub.L. 107-373 To designate the Cedar Creek and Belle Grove National Historical Park as a unit of the National Park System, and for other purposes. <> ...

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                 NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

[[Page 116 STAT. 3078]]

Public Law 107-372
107th Congress

                                 An Act


 
 To reauthorize the Hydrographic Services Improvement Act of 1998, and 
       for other purposes. <<NOTE: Dec. 19, 2002 -  [H.R. 4883]>> 

    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.

[[Page 116 STAT. 3079]]

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 <<NOTE: Hydrographic Services Improvement Act Amendments 
of 2002.>>  HYDROGRAPHIC SERVICES IMPROVEMENT

SEC. 101. SHORT TITLE; REFERENCES.

    (a) <<NOTE: 33 USC 851 note.>>  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:

[[Page 116 STAT. 3080]]

            ``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>>  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

[[Page 116 STAT. 3081]]

                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;

[[Page 116 STAT. 3082]]

                    ``(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 

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