Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
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---
type: "LegalText"
title: "33 U.S.C. § 851a"
description: "Repealed. June 3, 1948, ch. 390, § 22(a), formerly § 21(a), 62 Stat. 300; renumbered § 22(a), Sept. 14, 1961, Pub. L. 87233, § 1(f), 75 Stat. 506"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "851a"
citation: "33 U.S.C. § 851a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s851a"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 851a - Repealed. June 3, 1948, ch. 390, § 22(a), formerly § 21(a), 62 Stat. 300; renumbered § 22(a), Sept. 14, 1961, Pub. L. 87233, § 1(f), 75 Stat. 506
## Notes
Section, act Jan. 19, 1942, ch. 6, § 1, 56 Stat. 6, related to distribution of the total number of commissioned officers in rank.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "33 U.S.C. § 852 to 852b"
description: "Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "852 to 852b"
citation: "33 U.S.C. § 852 to 852b"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s852...852b"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 852 to 852b - Omitted
## Notes
Editorial Notes
Codification Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director and covered their appointment, rank, pay, and allowances, have been omitted in view of 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title, which abolished such offices and transferred their functions to the Secretary of Commerce. For further details, see Transfer of Functions note set out under section 851 of this title. Section 852, acts June 4, 1920, ch. 228, § 1, 41 Stat. 825; June 5, 1920, ch. 235, § 1, 41 Stat. 929; Feb. 16, 1929, ch. 221, § 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164, provided for the appointment and reappointment of the Director of the Coast and Geodetic Survey. Section 852a, acts Feb. 16, 1929, ch. 221, § 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164; June 3, 1948, ch. 390, § 21(a), formerly § 20(a), 62 Stat. 300; renumbered § 21(a), Sept. 14, 1961, Pub. L. 87233, § 1(f), 75 Stat. 506, provided for the rank, pay, and allowances of the Director. Section 852b, acts Jan. 19, 1942, ch. 6, § 8, 56 Stat. 8; June 3, 1948, ch. 390, § 21(b), formerly § 20(b), 62 Stat. 300; renumbered § 21(b), Sept. 14, 1961, Pub. L. 87233, § 1(f), 75 Stat. 506; June 21, 1955, ch. 172, § 3(b), 69 Stat. 169; June 30, 1960, Pub. L. 86554, § 1, 74 Stat. 258, provided for the appointment, active and retired rank, pay, and allowances, of the Deputy Director of the Coast and Geodetic Survey.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "33 U.S.C. § 853"
description: "Power to settle claims"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853"
citation: "33 U.S.C. § 853"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853 - Power to settle claims
## Text
The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed $2,500, occasioned, subsequent to June 5, 1920, by acts for which the National Oceanic and Atmospheric Administration is responsible.
(June 5, 1920, ch. 256, 41 Stat. 1054; Pub. L. 93608, § 1(4), Jan. 2, 1975, 88 Stat. 1967; Pub. L. 98176, Nov. 29, 1983, 97 Stat. 1124.)
## Notes
Editorial Notes
Amendments1983—Pub. L. 98176 amended section generally, substituting “The Secretary of Commerce is” for “The Superintendent of the Coast and Geodetic Survey, subject to the approval of the Secretary of Commerce, is hereby”, “$2,500” for “$500”, and “the National Oceanic and Atmospheric Administration is responsible” for “the Coast and Geodetic Survey shall be found to be responsible”. 1975—Pub. L. 93608 struck out reporting requirement to Congress of amounts ascertained and determined due for payment as legal claims out of Congressional appropriations.
Statutory Notes and Related Subsidiaries
RepealsAct Aug. 2, 1946, ch. 753, title IV, § 424(a), 60 Stat. 846, repealed this section insofar as it concerned claims cognizable under sections 921 and 922 of former Title 28, Judicial Code and Judiciary (see sections 2672 and 2673 of Title 28, Judiciary and Judicial Procedure) which are caused by the negligent or wrongful act or omission of any Government employee acting within the scope of his employment, but by section 424(b) of that act, section 946 of former Title 28 (see note set out under section 2680 of Title 28), this section is specifically saved with reference to any claim which is not caused by the negligent or wrongful act or omission of any Government employee acting within the scope of his employment.
@@ -0,0 +1,63 @@
---
type: "LegalText"
title: "33 U.S.C. § 853a to 853l"
description: "Repealed. Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853a to 853l"
citation: "33 U.S.C. § 853a to 853l"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853a...853l"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853a to 853l - Repealed. Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section 853a, acts June 3, 1948, ch. 390, § 2, 62 Stat. 297; Pub. L. 87233, § 1(a), Sept. 14, 1961, 75 Stat. 506; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105384, title III, § 307(a), Nov. 13, 1998, 112 Stat. 3457, related to authorized numbers of commissioned officers on the active list of the National Oceanic and Atmospheric Administration. See sections 3004 and 3005 of this title.
Section 853b, act June 3, 1948, ch. 390, § 3, 62 Stat. 298, related to promotion by selection to grades above lieutenant. See section 3024 of this title.
Section 853c, act June 3, 1948, ch. 390, § 4, 62 Stat. 298, related to promotion to the grade of lieutenant and lieutenant commander upon completion of seven and fourteen years of service, respectively.
Section 853d, act June 3, 1948, ch. 390, § 5, 62 Stat. 298, related to promotion to the grade of commander and captain after completion of twenty-one and thirty years of service, respectively.
Section 853e, acts June 3, 1948, ch. 390, § 6, 62 Stat. 298; June 21, 1955, ch. 172, § 4(a), 69 Stat. 169; Pub. L. 87233, § 1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and separation from service of ensigns. See section 3023 of this title.
Section 853f, act June 3, 1948, ch. 390, § 7, 62 Stat. 298, related to length of service for purposes of promotion. See section 3025 of this title.
Section 853g, acts June 3, 1948, ch. 390, § 8, 62 Stat. 298; Pub. L. 98498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307, related to retirement or separation of officers. See section 3041 of this title.
Section 853h, acts June 3, 1948, ch. 390, § 9, 62 Stat. 299; Pub. L. 87649, § 9(b)(1), Sept. 7, 1962, 76 Stat. 495; Pub. L. 98498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307; Pub. L. 10254, § 13(m)(1), June 13, 1991, 105 Stat. 277; Pub. L. 10585, div. A, title VI, § 652(a), (b), Nov. 18, 1997, 111 Stat. 1803, 1804, related to separation pay of officers. See section 3042 of this title.
Section 853i, acts June 3, 1948, ch. 390, § 10, 62 Stat. 299; June 21, 1955, ch. 172, § 4(b), 69 Stat. 170, directed that appointments and promotions be made by President and authorized suspension of provisions in time of emergency. See sections 3026 and 3033 of this title.
Section 853j, act June 3, 1948, ch. 390, § 11, 62 Stat. 299, required passing of examinations for promotion.
Section 853j1, acts June 3, 1948, ch. 390, § 12, as added Pub. L. 87233, § 1(d), Sept. 14, 1961, 75 Stat. 506; amended Pub. L. 98498, title III, § 320(b), Oct. 19, 1984, 98 Stat. 2308, related to temporary appointments and promotions made by President. See section 3029 of this title.
Section 853k, acts June 3, 1948, ch. 390, § 13, formerly § 12, 62 Stat. 299; renumbered § 13, Pub. L. 87233, § 1(c), Sept. 14, 1961, 75 Stat. 506, related to retirement of officers for age. See section 3043 of this title.
Section 853l, acts June 3, 1948, ch. 390, § 14, formerly § 13, 62 Stat. 299; renumbered § 14 and amended Pub. L. 87233, § 1(e), Sept. 14, 1961, 75 Stat. 506, related to retirement for length of service upon application. See section 3044 of this title.
A prior section 14 of act June 3, 1948, was classified to section 853m of this title prior to repeal by act Oct. 12, 1949.
Statutory Notes and Related Subsidiaries
Short TitleSection 1 of act June 3, 1948, ch. 390, 62 Stat. 297, provided that act June 3, 1948, enacting sections 853a to 853o and 853p to 853v of this title, amending sections 852a, 852b, 854a, and 864d of this title, and repealing sections 851a, 854b, 854c, 864b, and 864c of this title, could be cited as the “Coast and Geodetic Survey Commissioned Officers Act of 1948”, prior to repeal by Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094.
@@ -0,0 +1,49 @@
---
type: "LegalText"
title: "33 U.S.C. § 853o1"
description: "Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853o1"
citation: "33 U.S.C. § 853o1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853o1"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853o1 - Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay
## Text
Active service in the National Oceanic and Atmospheric Administration as a deck officer or junior engineer and active service counted on June 30, 1922, for longevity pay, shall be credited to commissioned officers as active commissioned service for purposes of retirement and retirement pay.
(Pub. L. 87649, § 9(c), Sept. 7, 1962, 76 Stat. 496; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 302 of Title 37 prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87649, § 1, Sept. 7, 1962, 76 Stat. 451.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Nov. 1, 1962, see section 15 of Pub. L. 87649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Executive Documents
Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 853o"
description: "Repealed. Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853o"
citation: "33 U.S.C. § 853o"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853o"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853o - Repealed. Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section, acts June 3, 1948, ch. 390, § 16, 62 Stat. 299; Oct. 12, 1949, ch. 681, title V, § 531(b)(41), 63 Stat. 840; Pub. L. 85422, § 11(c), May 20, 1958, 72 Stat. 132; Pub. L. 87649, § 9(b)(2), Sept. 7, 1962, 76 Stat. 495; Pub. L. 96342, title VIII, § 813(g), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 9894, title IX, §§ 922(c), 923(e), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99348, title II, § 206, July 1, 1986, 100 Stat. 701, related to computation of retirement pay. See section 3045 of this title.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "33 U.S.C. § 853p to 853r"
description: "Repealed. Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853p to 853r"
citation: "33 U.S.C. § 853p to 853r"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853p...853r"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853p to 853r - Repealed. Pub. L. 107372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section 853p, act June 3, 1948, ch. 390, § 17, 62 Stat. 300, provided that retired pay be based on highest rank held. See section 3046 of this title.
Section 853q, act June 3, 1948, ch. 390, § 18, 62 Stat. 300, provided that Coast and Geodetic Survey Commissioned Officers Act of 1948 would not affect retired rank and pay held pursuant to other laws. See section 3047 of this title.
Section 853r, act June 3, 1948, ch. 390, § 19, 62 Stat. 300, related to personnel board. See section 3022 of this title.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 853s"
description: "Repealed. Pub. L. 88431, § 1(c)(2), Aug. 14, 1964, 78 Stat. 440"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853s"
citation: "33 U.S.C. § 853s"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853s"
source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853s - Repealed. Pub. L. 88431, § 1(c)(2), Aug. 14, 1964, 78 Stat. 440
## Notes
Section, act June 3, 1948, ch. 390, § 20, as added Sept. 14, 1961, Pub. L. 87233, § 1(g), 75 Stat. 506, related to transportation of motor vehicles for commissioned officers of Survey ordered to make a permanent change of station.
@@ -0,0 +1,39 @@
---
type: "LegalText"
title: "33 U.S.C. § 853t to 854"
description: "Repealed. Pub. L. 107372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "853t to 854"
citation: "33 U.S.C. § 853t to 854"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s853t...854"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 853t to 854 - Repealed. Pub. L. 107372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section 853t, act June 3, 1948, ch. 390, § 23, as added Pub. L. 87233, § 1(h), Sept. 14, 1961, 75 Stat. 506, related to original appointments. See section 3021 of this title.
Section 853u, act June 3, 1948, ch. 390, § 24, as added Pub. L. 98498, title III, § 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99145, title V, § 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105384, title III, § 307(b), Nov. 13, 1998, 112 Stat. 3458, related to designation of positions of importance and responsibility. See section 3028 of this title.
Section 853v, act June 3, 1948, ch. 390, § 25, as added Pub. L. 10665, div. A, title VI, § 652(c), Oct. 5, 1999, 113 Stat. 665, related to presentation of flag upon retirement. See section 3076 of this title.
Section 854, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(a), 69 Stat. 169, required mental and physical examination prior to appointment or promotion. See section 3027 of this title.
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# 33 U.S.C. § 854a1 - Temporary appointment or advancement of commissioned officers in time of war or national emergency
## Text
Personnel of the National Oceanic and Atmospheric 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 subject to the following limitations:
(1) Commissioned officers in the service of a military department, under the provisions of sections 854, 855, 856, 857, and 858 11 See References in Text note below. of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to higher ranks or grades.
(2) Commissioned officers in the service of the National Oceanic and Atmospheric 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 the provisions of sections 854, 855, 856, 857, and 858 1 of this title.
(3) Temporary appointments may be made in all grades to which original appointments in the National Oceanic and Atmospheric Administration are authorized: Provided, That the number of officers holding temporary appointments shall not exceed the number of officers transferred to a military department under the provisions of sections 854, 855, 856, 857, and 858 1 of this title.
(Dec. 3, 1942, ch. 670, § 1, 56 Stat. 1038; Pub. L. 89657, § 3, Oct. 14, 1966, 80 Stat. 907; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Editorial Notes
References in TextSections 854, 855, 856, 857, and 858 of this title, referred to in text, were repealed by Pub. L. 107372, title II, § 271(4), Dec. 19, 2002, 116 Stat. 3094.
Codification Provisions similar to this section are contained in section 3030 of this title.
Amendments1966—Pub. L. 89657 struck out reference to act of July 24, 1941 (Public, Numbered 188, Seventy-seventh Congress) which, for purposes of codification, has been changed to sections 350 to 350j of former title 34 and substituted Environmental Science Services Administration for Coast and Geodetic Survey, temporary advancement of commissioned officers for temporary promotions, military departments for Department of the Army or Navy Department, Secretary of the military department concerned for Secretary of the Army or Secretary of the Navy, and reference to temporary appointments in all grades to which original appointments in the Environmental Science Services Administration are authorized for reference to temporary appointment of regularly appointed deck officers and junior engineers to the rank and grade of ensign.
Executive Documents
Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.
Delegation of Functions Functions of President under pars. (1), (2), and (3) delegated to Secretary of Commerce, see section 1(b), (i) and (j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President.
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# 33 U.S.C. § 854a2 - Pay and allowances; date of acceptance of promotion
## Text
Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941, shall be deemed for all purposes to have accepted his promotion to higher grade upon the date such promotion is made by the President unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by section 3331 of title 5, shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous.
(Dec. 3, 1942, ch. 670, § 3, 56 Stat. 1039; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Editorial Notes
Codification “Section 3331 of title 5” substituted in text for “section 1757, Revised Statutes” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section 1757 of the Revised Statutes had been classified to section 16 of former Title 5, Executive Departments and Government Officers and Employees. Provisions similar to this section are contained in section 3031 of this title.
Executive Documents
Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 854a - Service credit as deck officer or junior engineer for promotion purposes
## Text
For purposes of promotion which is now or may hereafter be authorized for officers appointed after June 30, 1922, there shall be counted in addition to active commissioned service, service as deck officer and junior engineer.
(Jan. 19, 1942, ch. 6, § 2, 56 Stat. 6; June 3, 1948, ch. 390, § 22(a), formerly § 21(a), 62 Stat. 300, renumbered § 22(a), Pub. L. 87233, § 1(f), Sept. 14, 1961, 75 Stat. 506; Oct. 12, 1949, ch. 681, title V, § 531(b)(32), 63 Stat. 839; June 21, 1955, ch. 172, § 3(a), 69 Stat. 169.)
## Notes
Editorial Notes
Codification Provisions similar to this section are contained in section 3032 of this title.
Amendments1955—Act June 21, 1955, credited all service as deck officer and junior engineer. 1949—Act Oct. 12, 1949, repealed that part of second proviso of subsec. (b) relating to service credit as deck officer or junior engineer for pay, longevity pay, or retirement purposes. 1948—Act June 3, 1948, repealed subsecs. (a), (c), (d) and all of subsec. (b) except for second proviso which now comprises this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1949 AmendmentAct Oct. 12, 1949, ch. 681, title V, § 533(a), 63 Stat. 841, provided that: “Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on October 1, 1949, and no pay, allowances, or benefits provided herein shall accrue to any person for any period prior thereto.”
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# 33 U.S.C. § 855 - Repealed. Pub. L. 107372, title II, § 271(4), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section, acts May 22, 1917, ch. 20, § 16, 40 Stat. 87; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 89657, § 1(1), Oct. 14, 1966, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to cooperation with and transfer to military departments. See section 3061 of this title.
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# 33 U.S.C. § 855a - Repealed. Pub. L. 85857, § 14(79), Sept. 2, 1958, 72 Stat. 1272
## Notes
Section, acts Dec. 3, 1942, ch. 670, § 2, 56 Stat. 1038; Aug. 16, 1954, ch. 738, 68 Stat. 730, related to rights and benefits of commissioned officers of Coast and Geodetic Survey assigned to projects of Army and Navy outside continental United States or in hazardous military areas.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal by Pub. L. 85857 effective Jan. 1, 1959, see section 2 of Pub. L. 85857, set out as an Effective Date note preceding Part I of Title 38, Veterans Benefits.
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# 33 U.S.C. § 856 to 8575 - Repealed. Pub. L. 107372, title II, § 271(3), (4), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section 856, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(b), 69 Stat. 169; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to relative rank of National Oceanic and Atmospheric Administration officers when serving with Army, Navy, or Air Force. See section 3062 of this title.
Section 857, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; Aug. 1, 1956, ch. 837, title V, § 501(d)(1), 70 Stat. 883; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 10254, § 13(m)(2), June 13, 1991, 105 Stat. 277, related to service of commissioned officers of the National Oceanic and Atmospheric Administration for purposes of servicemens and veterans benefits. See section 3072 of this title.
Section 8571, Pub. L. 91621, § 1, Dec. 31, 1970, 84 Stat. 1863, related to applicable definitions. See section 3002 of this title.
Section 8572, Pub. L. 91621, § 2, Dec. 31, 1970, 84 Stat. 1863, related to retirement grade and pay. See section 3046 of this title.
Section 8573, Pub. L. 91621, § 3, Dec. 31, 1970, 84 Stat. 1863; Pub. L. 98498, title III, § 310(a), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 10254, § 13(m)(3), June 13, 1991, 105 Stat. 277, related to service for purposes of certain statutory rights, privileges, immunities, and benefits and provision of medical and dental care. See sections 3072 and 3073 of this title.
Section 8574, Pub. L. 91621, § 4, Dec. 31, 1970, 84 Stat. 1863, related to commissary privileges. See section 3074 of this title.
Section 8575, Pub. L. 91621, § 5, Dec. 31, 1970, 84 Stat. 1864, related to applicability of statutes that had applied to commissioned officers of the Coast and Geodetic Survey and the Environmental Science Services Administration.
Statutory Notes and Related Subsidiaries
RepealsPub. L. 91621, § 8, Dec. 31, 1970, 84 Stat. 1867, provided that all provisions of law inconsistent with Pub. L. 91621 were repealed, prior to repeal by Pub. L. 107372, title II, § 271(3), Dec. 19, 2002, 116 Stat. 3094.
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# 33 U.S.C. § 85713 - National Advisory Committee on Oceans and Atmosphere
## Text
There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in sections 85713 to 85718 of this title referred to as the “Committee”).
(Pub. L. 9563, § 2, July 5, 1977, 91 Stat. 265.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to that contained in this section, which established a National Advisory Committee on Oceans and Atmosphere with a membership of twenty-five, were contained in section 8576 of this title prior to repeal by section 7(a) of Pub. L. 9563.
Statutory Notes and Related Subsidiaries
Short TitleFor short title of Pub. L. 9563, see section 1 of Pub. L. 9563, set out as a note under section 851 of this title.
Transfer of Personnel, Positions, Records, and FundsPub. L. 9563, § 7(b), July 5, 1977, 91 Stat. 267, provided that: “All personnel, positions, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions specified by the Act of August 16, 1971 [former sections 8576 to 85712 of this title] (establishing an advisory committee on oceans and atmosphere), are hereby transferred to the National Advisory Committee on Oceans and Atmosphere established by this Act [sections 85713 to 85718 of this title]. The personnel transferred under this subsection shall be so transferred without reduction in classification or compensation except, that after such transfer, such personnel shall be subject to reductions in classification or compensation in the same manner, to the same extent, and according to the same procedure as other employees of the United States classified and compensated according to the General Schedule in title 5, United States Code.”
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
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# 33 U.S.C. § 85714 - Membership
## Text
(a) Appointment and qualifications The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President. Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in the following areas of direct concern to the Committee—
(1) one or more of the disciplines and fields included in marine science and technology, marine industry, marine-related State and local governmental functions, coastal zone management, or other fields directly appropriate for consideration of matters of ocean policy; or
(2) one or more of the disciplines and fields included in atmospheric science, atmospheric-related State and local governmental functions, or other fields directly appropriate for consideration of matters of atmospheric policy.
(b) Terms (1) The term of office of a member of the Committee shall be 3 years; except that of the original appointees, 6 shall be appointed for a term to expire on July 1, 1979, 6 shall be appointed for a term to expire on July 1, 1980, and 6 shall be appointed for a term to expire on July 1, 1981.
(2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be reappointed to the Committee for more than one additional 3-year term. A 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. The terms of office for members first appointed after July 5, 1977, shall begin on July 1, 1977.
(c) Chairman The President shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.
(d) Duties The Committee shall—
(1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone management, and the status of the marine and atmospheric science and service programs of the United States; and
(2) advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration.
(Pub. L. 9563, § 3, July 5, 1977, 91 Stat. 265; Pub. L. 95304, § 1(1), June 29, 1978, 92 Stat. 347; Pub. L. 9787, § 1(1), Dec. 1, 1981, 95 Stat. 1134.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those contained in this section, which related to membership, terms, and duties of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in section 8577 of this title prior to repeal by section 7(a) of Pub. L. 9563.
Amendments1981—Subsec. (b)(2). Pub. L. 9787 struck out “, or until ninety days after such date, whichever is earlier” after “until his or her successor has taken office”. 1978—Subsec. (b)(1). Pub. L. 95304 substituted provisions authorizing terms of members to expire on July 1, 1979, July 1, 1980, and July 1, 1981, respectively, for provisions authorizing terms of members to be for 1 year, 2 years, and 3 years, respectively.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
@@ -0,0 +1,51 @@
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# 33 U.S.C. § 85715 - Reports
## Text
(a) In general The Committee shall submit an annual report to the President and to the Congress setting forth an assessment, on a selective basis, of the status of the Nations marine and atmospheric activities, and shall submit such other reports as may from time to time be requested by the President or the Congress.
(b) Review by Secretary Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60 days after receipt thereof, transmit his or her comments and recommendations to the President and to the Congress.
(c) Annual report submittal The annual report required under subsection (a) shall be submitted on or before June 30 of each year, beginning with June 30, 1978.
(Pub. L. 9563, § 4, July 5, 1977, 91 Stat. 266.)
## Notes
Editorial Notes
Prior ProvisionsA provision similar to that contained in this section, which required an annual report, beginning June 30, 1972, from the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, was contained in section 8579 of this title prior to repeal by section 7(a) of Pub. L. 9563.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to submitting an annual report to Congress and provisions in subsec. (b) of this section relating to annually transmitting comments and recommendations to Congress, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 50 and 177 of House Document No. 1037.
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
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# 33 U.S.C. § 85716 - Compensation and travel expenses
## Text
Members of the Committee shall each be entitled to receive compensation not to exceed the daily rate for a GS18 for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Committee. In addition, while away from their homes or regular places of business in the performance of the duties of the Committee, each member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 11 See References in Text note below. of title 5.
(Pub. L. 9563, § 5, July 5, 1977, 91 Stat. 266; Pub. L. 9787, § 1(2), Dec. 1, 1981, 95 Stat. 1134.)
## Notes
Editorial Notes
References in TextSection 5703 of title 5, referred to in text, was amended generally by Pub. L. 9422, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b).
Prior ProvisionsA provision similar to that contained in this section, which authorized compensation and travel expenses for members of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, was contained in section 85710 of this title prior to repeal by section 7(a) of Pub. L. 9563.
Amendments1981—Pub. L. 9787 substituted “not to exceed the daily rate for a GS18” for “of $100 per day”.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
References in Other Laws to GS16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101509, set out in a note under section 5376 of Title 5.
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# 33 U.S.C. § 85717 - Interagency cooperation and assistance
## Text
(a) Liaison The head of each department or agency of the Federal Government concerned with marine and atmospheric matters shall designate a senior policy official to participate as observer in the work of the Committee and offer necessary assistance.
(b) Agency assistance The Committee is authorized to request from the head of any department, agency, or independent instrumentality of the Federal Government any information and assistance it deems necessary to carry out the functions assigned under sections 85713 to 85718 of this title. The head of each such department, agency, or instrumentality is authorized to cooperate with the Committee, and, to the extent permitted by law, to furnish such information and assistance to the Committee upon request made by the Chairman, without reimbursement for such services and assistance.
(c) Administrative assistance The Secretary of Commerce shall make available to the Committee such staff, information, personnel, and administrative services and assistance as may reasonably be required to carry out the provisions of sections 85713 to 85718 of this title.
(Pub. L. 9563, § 6, July 5, 1977, 91 Stat. 266.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those contained in this section, which required the designation of senior policy officials as observers, directed the Secretary of Commerce to provide administrative assistance, and authorized requests for assistance from Federal agencies by the Federal Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in sections 8578 and 85711 of this title prior to repeal by section 7(a) of Pub. L. 9563.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
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# 33 U.S.C. § 85718 - Authorization of appropriations
## Text
There are authorized to be appropriated for purposes of carrying out sections 85713 to 85718 of this title not to exceed $520,000 for the fiscal year ending September 30, 1978, $572,000 for the fiscal year ending September 30, 1979, $565,000 for the fiscal year ending September 30, 1980, $600,000 for the fiscal year ending September 30, 1981, and $555,000 for the fiscal year ending September 30, 1982. Such sums as may be appropriated under this section shall remain available until expended.
(Pub. L. 9563, § 8, July 5, 1977, 91 Stat. 267; Pub. L. 95304, § 1(2), June 29, 1978, 92 Stat. 347; Pub. L. 9626, June 21, 1979, 93 Stat. 74; Pub. L. 9787, § 1(3), Dec. 1, 1981, 95 Stat. 1134.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those contained in this section, which authorized appropriations, beginning with an authorization of $200,000 for the fiscal year ending June 30, 1972, for the operation of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in section 85712 of this title prior to repeal by section 7(a) of Pub. L. 9563.
Amendments1981—Pub. L. 9787 inserted provisions authorizing appropriations of not to exceed $555,000 for fiscal year ending Sept. 30, 1982, and provided that such sums as might be appropriated under authority of this section remain available until expended. 1979—Pub. L. 9626 substituted provisions authorizing appropriations of $565,000 for fiscal year ending Sept. 30, 1980, and $600,000 for fiscal year ending Sept. 30, 1981, for provisions directing that sums appropriated under this section remain available until expended. 1978—Pub. L. 95304 inserted provisions authorizing appropriations for fiscal year ending Sept. 30, 1979.
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# 33 U.S.C. § 85720 - Repealed. Pub. L. 116221, § 10, Dec. 18, 2020, 134 Stat. 1061
## Notes
Section, Pub. L. 107299, § 9, Nov. 26, 2002, 116 Stat. 2348, provided for coordination between the Under Secretary of Commerce for Oceans and Atmosphere and the Director of the National Science Foundation to jointly submit a report on the oceans and coastal research activities of the National Oceanic and Atmospheric Administration and of the National Science Foundation.
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# 33 U.S.C. § 8576 to 85712 - Repealed. Pub. L. 9563, § 7(a), July 5, 1977, 91 Stat. 267
## Notes
Section 8576, Pub. L. 92125, § 1, Aug. 16, 1971, 85 Stat. 344, established National Advisory Committee on Oceans and Atmosphere. See section 85713 of this title.
Section 8577, Pub. L. 92125, § 2, Aug. 16, 1971, 85 Stat. 344, provided for membership, terms of office, duties, and Chairman and Vice Chairman of Committee. See section 85714 of this title.
Section 8578, Pub. L. 92125, § 3, Aug. 16, 1971, 85 Stat. 344, provided for designation of a senior policy official of Federal departments and agencies to assist Committee. See section 85717(a) of this title.
Section 8579, Pub. L. 92125, § 4, Aug. 16, 1971, 85 Stat. 344; Pub. L. 9469, § 2, Aug. 5, 1975, 89 Stat. 384, provided for an annual report by Committee. See section 85715 of this title.
Section 85710, Pub. L. 92125, § 5, Aug. 16, 1971, 85 Stat. 344, provided for compensation and travel expenses of Committee members. See section 85716 of this title.
Section 85711, Pub. L. 92125, § 6, Aug. 16, 1971, 85 Stat. 345, provided for assistance to Committee by Federal departments and agencies. See section 85717 of this title.
Section 85712, Pub. L. 92125, § 7, Aug. 16, 1971, 85 Stat. 345; Pub. L. 92567, Oct. 25, 1972, 86 Stat. 1181; Pub. L. 9469, § 1, Aug. 5, 1975, 89 Stat. 384, authorized appropriations for operation of the Committee. See section 85718 of this title.
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# 33 U.S.C. § 859 - Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942
## Notes
Section, act June 10, 1922, ch. 212, 42 Stat. 625633, related to pay and allowances of commissioned officers.
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# 33 U.S.C. § 860 - Repealed. Pub. L. 87649, § 14b, Sept. 7, 1962, 76 Stat. 499
## Notes
Section, act May 18, 1920, ch. 190, § 11 (words before the first semicolon), 41 Stat. 603, made pay and allowances of naval officers applicable to Coast and Geodetic Survey generally.
@@ -0,0 +1,35 @@
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# 33 U.S.C. § 861 - Omitted
## Notes
Editorial Notes
Codification Section, acts Feb. 27, 1925, ch. 364, title III, 43 Stat. 1046; Apr. 29, 1926, ch. 195, title III, 44 Stat. 362, related to expenses of officers of the Coast and Geodetic Survey when traveling on Government owned vessels.
@@ -0,0 +1,33 @@
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confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 861a - Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641
## Notes
Section, act May 18, 1920, ch. 190, § 12, 41 Stat. 604, related to transportation for families of officers and enlisted men on permanent change of station.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 862"
description: "Repealed. Pub. L. 87649, § 14b, Sept. 7, 1962, 76 Stat. 498"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "862"
citation: "33 U.S.C. § 862"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
source_identifier: "/us/usc/t33/s862"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 862 - Repealed. Pub. L. 87649, § 14b, Sept. 7, 1962, 76 Stat. 498
## Notes
Section, acts Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1322; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 21, 1955, ch. 172, § 1, 69 Stat. 169; Sept. 26, 1961, Pub. L. 87304, § 9(b), 75 Stat. 665, authorized commissioned officers of the Coast and Geodetic Survey to make assignments or allotments of their pay. See section 706 of Title 37, Pay and Allowances of the Uniformed Services.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 862a"
description: "Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641"
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corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "862a"
citation: "33 U.S.C. § 862a"
status: "current"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 862a - Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641
## Notes
Section, acts Mar. 2, 1923, ch. 178, title I, 42 Stat. 1385; Aug. 4, 1949, ch. 393, § 11, 63 Stat. 559, prohibited the issuance of heat or light in kind to any person in the Coast and Geodetic Survey while such person is receiving an allowance for rental of quarters.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 863"
description: "Repealed. June 21, 1955, ch. 172, § 5(4), 69 Stat. 170"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "863"
citation: "33 U.S.C. § 863"
status: "current"
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release_date: "2026-06-26"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 863 - Repealed. June 21, 1955, ch. 172, § 5(4), 69 Stat. 170
## Notes
Section, acts Mar. 4, 1909, ch. 299, § 1, 35 Stat. 974; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, related to leaves of absence of officers of the Coast and Geodetic Survey on duty in the Philippine Islands.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 864"
description: "Repealed. Pub. L. 107372, title II, § 271(6), Dec. 19, 2002, 116 Stat. 3094"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
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section: "864"
citation: "33 U.S.C. § 864"
status: "current"
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source: "official"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 864 - Repealed. Pub. L. 107372, title II, § 271(6), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section, act May 18, 1920, ch. 190, § 11, 41 Stat. 603; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, provided that laws concerning retirement of commissioned Naval officers would apply to commissioned National Oceanic and Atmospheric Administration officers.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 864a"
description: "Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641"
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kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "864a"
citation: "33 U.S.C. § 864a"
status: "current"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 864a - Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641
## Notes
Section, act May 18, 1920, ch. 190, §§ 11 (proviso), 14, 41 Stat. 604, related to service credits in computing longevity pay of officers of the Coast and Geodetic Survey.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 864d"
description: "Repealed. Oct. 12, 1949, ch. 681, title V, § 531(b)(31), 63 Stat. 839, eff. Oct. 1, 1949"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "864d"
citation: "33 U.S.C. § 864d"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 864d - Repealed. Oct. 12, 1949, ch. 681, title V, § 531(b)(31), 63 Stat. 839, eff. Oct. 1, 1949
## Notes
Section, acts Jan. 19, 1942, ch. 6, § 7, 56 Stat. 8; June 3, 1948, ch. 390, § 22(b), formerly § 21(b), 62 Stat. 300; renumbered § 22(b), Sept. 14, 1961, Pub. L. 87233, § 1(f), 75 Stat. 506, related to rank or pay of officers retired for duty incurred disability. See sections 1201 et seq., 1371 et seq., and 1401 et seq. of Title 10, Armed Forces.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "33 U.S.C. § 864e"
description: "Repealed. Pub. L. 86465, § 1, May 13, 1960, 74 Stat. 130"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "864e"
citation: "33 U.S.C. § 864e"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 864e - Repealed. Pub. L. 86465, § 1, May 13, 1960, 74 Stat. 130
## Notes
Section, acts June 6, 1942, ch. 383, 56 Stat. 328; Aug. 4, 1949, ch. 393, § 15, 63 Stat. 560; Oct. 12, 1949, ch. 681, title V, § 522(b), 63 Stat. 836, provided that certain commissioned officers of the Coast and Geodetic Survey who have been specially commended for performance of duty in actual combat prior to Dec. 31, 1946, shall, upon retirement, be placed upon the retired list one grade higher than the grade in which they were serving at the time of retirement.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 86465, § 2, May 13, 1960, 74 Stat. 130, provided that: “This Act [repealing this section] becomes effective on November 1, 1959.”
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "33 U.S.C. § 865"
description: "Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "865"
citation: "33 U.S.C. § 865"
status: "current"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 865 - Omitted
## Notes
Editorial Notes
Codification Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925, ch. 209, 43 Stat. 872; May 21, 1926, ch. 355, 44 Stat. 604, related to computation of length of service of officers and expired with the appropriation acts of which it was a part.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 866"
description: "Repealed. Aug. 6, 1947, ch. 504, § 10(1), 61 Stat. 788"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "866"
citation: "33 U.S.C. § 866"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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source_identifier: "/us/usc/t33/s866"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 866 - Repealed. Aug. 6, 1947, ch. 504, § 10(1), 61 Stat. 788
## Notes
Section, act Jan. 31, 1925, ch. 121, 43 Stat. 802, related to seismological investigations. See section 883a of this title.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "33 U.S.C. § 868a"
description: "Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "868a"
citation: "33 U.S.C. § 868a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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source_identifier: "/us/usc/t33/s868a"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 33 U.S.C. § 868a - Omitted
## Notes
Editorial Notes
Codification Section, act Jan. 19, 1942, ch. 6, § 10, 56 Stat. 8; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Oct. 14, 1966, Pub. L. 89657, § 2, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to the purchase of commissary and quartermaster supplies by personnel from the National Oceanic and Atmospheric Administration, and has been superseded by former section 8574 of this title and section 3074 of this title.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "33 U.S.C. § 869"
description: "Repealed. July 1, 1944, ch. 373, title XIII, § 1313 58 Stat. 714"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "869"
citation: "33 U.S.C. § 869"
status: "current"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 869 - Repealed. July 1, 1944, ch. 373, title XIII, § 1313 58 Stat. 714
## Notes
Section, act Apr. 26, 1939, ch. 92, § 2, 53 Stat. 620, as affected by 1939 Reorg. Plan No. I, §§ 201, 205, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, provided for medical, dental, etc., treatment of Coast and Geodetic Surveys personnel and their families. See section 253 of Title 42, The Public Health and Welfare.
Statutory Notes and Related Subsidiaries
Renumbering of Repealing ActTitle XIII, § 1313, formerly title VI, § 611, of act July 1, 1944, which repealed this section, was renumbered title VII, § 711, by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; § 713, by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47; title VIII, § 813, by act July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; title IX, § 913, by Pub. L. 88581, § 4(b), Sept. 4, 1964, 78 Stat. 919; title X, § 1013, by Pub. L. 89239, § 3(b), Oct. 6, 1965, 79 Stat. 931; title XI, § 1113, by Pub. L. 91572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, § 1213, by Pub. L. 92294, § 3(b), May 16, 1972, 86 Stat. 137; title XIII, § 1313, by Pub. L. 93154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93222, § 7(b), Dec. 29, 1973, 87 Stat. 936.
@@ -0,0 +1,37 @@
---
type: "LegalText"
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description: "Repealed. Aug. 1, 1956, ch. 837, title V, § 502(7), 70 Stat. 886"
jurisdiction: "us"
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title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
chapter_number: "17"
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION"
section: "870"
citation: "33 U.S.C. § 870"
status: "current"
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tags: ["legal", "us-code"]
---
# 33 U.S.C. § 870 - Repealed. Aug. 1, 1956, ch. 837, title V, § 502(7), 70 Stat. 886
## Notes
Section, acts Jan. 19, 1942, ch. 6, § 9, 56 Stat. 8; Mar. 29, 1944, ch. 141, § 4, 58 Stat. 130; July 15, 1954, ch. 507, § 15, 68 Stat. 481, provided for payment of death gratuity to survivors of commissioned officers of Coast and Geodetic Survey.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "33 U.S.C. § 871"
description: "Repealed. Dec. 28, 1945, ch. 597, § 4, 59 Stat. 662"
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# 33 U.S.C. § 871 - Repealed. Dec. 28, 1945, ch. 597, § 4, 59 Stat. 662
## Notes
Section, act Oct. 27, 1943, ch. 287, § 6, 57 Stat. 583, provided for reimbursement for property lost or destroyed in service while serving with the Navy.
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# 33 U.S.C. § 872 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 86451, title I, § 301, May 13, 1960, 74 Stat. 94, which prescribed the rate of extra compensation for recorders, instrument observers and other Federal employees while making oceanographic observations or tending seismographs, was from an appropriation act. See section 873 of this title, which authorizes Secretary of Commerce to establish rates of compensation for such personnel.
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# 33 U.S.C. § 873 - Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations
## Text
The Secretary of Commerce is authorized to pay extra compensation to members of crews of vessels when assigned duties as instrument observer or recorder, and to employees of other Federal agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates as may be specified from time to time by him and without regard to section 5533 of title 5.
(July 22, 1947, ch. 286, § 2, 61 Stat. 400; Pub. L. 86397, § 1, Mar. 28, 1960, 74 Stat. 11; Pub. L. 88448, title IV, § 401(l), Aug. 19, 1964, 78 Stat. 491.)
## Notes
Editorial Notes
Codification “Section 5533 of title 5” substituted in text for “section 301 of the Dual Compensation Act [5 U.S.C. 3105]” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments1964—Pub. L. 88448 inserted “and without regard to section 301 of the Dual Compensation Act”. 1960—Pub. L. 86397 substituted “Secretary of Commerce” for “Coast and Geodetic Survey” and “instrument observer or recorder” for “bombers or fathometer readers,” inserted reference to employees tending magnetographs, and authorized Secretary to establish rates of compensation.
Statutory Notes and Related Subsidiaries
Effective Date of 1964 AmendmentAmendment by Pub. L. 88448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88448.
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# 33 U.S.C. § 874 - Repealed. Pub. L. 107372, title II, § 271(5), Dec. 19, 2002, 116 Stat. 3094
## Notes
Section, act July 22, 1947, ch. 286, § 1, 61 Stat. 400; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to transportation of deceased officers effects and reimbursement for supplies furnished distressed and shipwrecked persons. See section 3075 of this title.
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# 33 U.S.C. § 875 - Powers of officers as notaries
## Text
In places where the National Oceanic and Atmospheric Administration is serving which are not within the jurisdiction of any one of the States of the continental United States, excluding Alaska, commanding officers of National Oceanic and Atmospheric Administration vessels, and such other officers of the National Oceanic and Atmospheric Administration as the Secretary of Commerce may designate, may exercise the general powers of the notary public in the administration of oaths for the execution, acknowledgment, and attestation of instruments and papers, and the performance of all other notarial acts. The powers conferred shall be limited to acts performed in behalf of the personnel of the National Oceanic and Atmospheric Administration or in connection with the proper execution of the functions of that agency.
(Aug. 3, 1956, ch. 932, § 1, 70 Stat. 988; Pub. L. 86624, § 24, July 12, 1960, 74 Stat. 418; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Editorial Notes
Amendments1960—Pub. L. 86624 substituted “the States of the continental United States, excluding Alaska” for “the several States”.
Executive Documents
Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 876 - Fees for notarial acts; prima facie evidence of authority
## Text
No fee of any kind shall be paid to any officer for the performance of any notarial act authorized by section 875 of this title. The signature without seal together with indication of grade of any officer performing any notarial act shall be prima facie evidence of his authority.
(Aug. 3, 1956, ch. 932, § 2, 70 Stat. 988.)
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# 33 U.S.C. § 877 - Appropriations; advances from
## Text
Advances of money from available appropriations may be made to the National Ocean Survey and by authority of the Director thereof to chiefs of parties and accounts arising under such advances shall be rendered through and by the disbursing officer of the National Ocean Survey to the Government Accountability Office as under advances made to chiefs of parties prior to July 1, 1918.
(July 1, 1918, ch. 113, § 1, 40 Stat. 688; June 5, 1920, ch. 235, § 1, 41 Stat. 929; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; Pub. L. 92310, title II, § 231(z), June 6, 1972, 86 Stat. 212; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Editorial Notes
Codification Section was a provision of the Sundry Civil Appropriation Act of July 1, 1918. Section was formerly classified to section 550 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.
Amendments1972—Pub. L. 92310 struck out provisions which required chiefs of parties to give bonds.
Statutory Notes and Related Subsidiaries
Transfer of Functions “Government Accountability Office” substituted in text for “General Accounting Office” pursuant to section 8(b) of Pub. L. 108271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, “General Accounting Office” substituted in text for “Treasury Department” pursuant to act June 10, 1921, which transferred all powers and duties of Comptroller, six auditors, and certain other employees of Treasury to General Accounting Office. See section 701 et seq. of Title 31.
Executive Documents
Transfer of Functions Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 878 - Appropriations; purchases from
## Text
The Secretary of Commerce is authorized to purchase, from the appropriation for the National Ocean Survey, provisions, clothing, and small stores for the enlisted men, and food supplies for field parties working in remote localities, such provisions, clothing, small stores, and food supplies to be sold to the employees of said survey and the appropriation reimbursed.
(Mar. 3, 1901, ch. 853, § 1, 31 Stat. 1144; Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826.)
## Notes
Editorial Notes
Codification Section was a provision of the Sundry Civil Appropriation Act of Mar. 3, 1901. Upon incorporation into the Code, the words “Secretary of Commerce” were substituted for “Secretary of the Treasury” to conform to act Feb. 14, 1903. Section was formerly classified to section 661 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.
Executive Documents
Transfer of Functions Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 878a - Contract for development of a major program; costs; Major Program Annual Report for satellite development program
## Text
(a) Definitions For purposes of this section—
(1) the term “Under Secretary” means Under Secretary of Commerce for Oceans and Atmosphere;
(2) the term “appropriate congressional committees” means—
(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives;
(3) the term “satellite” means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA);
(4) the term “development” means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216108, Department of Commerce Administrative Order 2083, and NASAs Procedural Requirements 7120.5c, dated March 22, 2005;
(5) the term “development cost” means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program;
(6) the term “life-cycle cost” means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control;
(7) the term “major program” means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; and
(8) the term “baseline” means the program as set following contract award and preliminary design review of the space and ground systems.
(b) Contract requirements for major programs (1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that—
(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;
(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;
(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce;
(D) the program has demonstrated a high likelihood of accomplishing its intended goals; and
(E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAAs mission.
(2) The Under Secretary shall transmit a report describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program.
(3) The Under Secretary may not delegate the determination requirement under this subsection, except in cases in which the Under Secretary has a conflict of interest.
(c) Reports (1) Annually, at the same time as the Presidents annual budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be known as the Major Program Annual Report.
(2) The first Major Program Annual Report for NOAAs satellite development program shall include a Baseline Report that shall, at a minimum, include—
(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;
(C) the schedule for development, including key program milestones;
(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.
(3) For the major program for which a Baseline Report has been submitted, subsequent Major Program Annual Reports shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.
(d) Notification to Under Secretary of excess development costs (1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under Secretary any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible, the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more.
(2) Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the change in the cost of the program for which notification was provided under paragraph (1).
(3) Not later than 15 days after the Under Secretary receives a written notification under paragraph (2), the Under Secretary shall transmit the notification to the appropriate congressional committees.
(e) Determination by Under Secretary of excess development costs Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall—
(1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes—
(A) a description of the increase in cost and a detailed explanation for the increase;
(B) a description of actions taken or proposed to be taken in response to the cost increase; and
(C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; and
(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—
(A) the projected cost and schedule for completing the program if current requirements of the program are not modified;
(B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and
(C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.
(f) Completion and transmittal of analysis NOAA shall complete an analysis initiated under subsection (e)(2) not later than 6 months after the Under Secretary makes a determination under subsection (e). The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion.
(Pub. L. 11255, div. B, title I, § 105, Nov. 18, 2011, 125 Stat. 599; Pub. L. 1136, div. B, title I, § 105(a), Mar. 26, 2013, 127 Stat. 242.)
## Notes
Editorial Notes
Codification Section is from the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012, which is division B of the Consolidated and Further Continuing Appropriations Act, 2012.
Prior ProvisionsProvisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 110161, div. B, title I, § 112, Dec. 26, 2007, 121 Stat. 1894.
Amendments2013—Subsec. (f). Pub. L. 1136 substituted “subsection (e)(2)” for “paragraph (2)” and “subsection (e)” for “this subsection”.
Statutory Notes and Related Subsidiaries
Requirements Adopted by ReferencePub. L. 11974, div. A, title I, § 104, Jan. 23, 2026, 140 Stat. 15, provided that: “The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 11255) [33 U.S.C. 878a], as amended by section 105 of title I of division B of Public Law 1136, are hereby adopted by reference and made applicable with respect to fiscal year 2026”. Similar provisions were contained in the following prior appropriation acts: Pub. L. 11842, div. C, title I, § 104, Mar. 9, 2024, 138 Stat. 130. Pub. L. 117328, div. B, title I, § 104, Dec. 29, 2022, 136 Stat. 4519. Pub. L. 117103, div. B, title I, § 104, Mar. 15, 2022, 136 Stat. 111. Pub. L. 116260, div. B, title I, § 104, Dec. 27, 2020, 134 Stat. 1243. Pub. L. 11693, div. B, title I, § 104, Dec. 20, 2019, 133 Stat. 2394. Pub. L. 1166, div. C, title I, § 104, Feb. 15, 2019, 133 Stat. 100. Pub. L. 115141, div. B, title I, § 104, Mar. 23, 2018, 132 Stat. 408. Pub. L. 11531, div. B, title I, § 104, May 5, 2017, 131 Stat. 191. Pub. L. 114113, div. B, title I, § 104, Dec. 18, 2015, 129 Stat. 2294. Pub. L. 113235, div. B, title I, § 104, Dec. 16, 2014, 128 Stat. 2181. Pub. L. 11376, div. B, title I, § 104, Jan. 17, 2014, 128 Stat. 51. Pub. L. 1136, div. B, title I, § 105(b), Mar. 26, 2013, 127 Stat. 242.
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# 33 U.S.C. § 878b - Safety and health regulations for scientific and occupational diving
## Text
On and after March 11, 2009, the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration.
(Pub. L. 1118, div. B, title I, § 106, Mar. 11, 2009, 123 Stat. 568.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Commerce Appropriations Act, 2009, which is title I of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, which is div. B of the Omnibus Appropriations Act, 2009.
Similar ProvisionsProvisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 110161, div. B, title I, § 110, Dec. 26, 2007, 121 Stat. 1893.
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# 33 U.S.C. § 881 to 883 - Repealed. Aug. 6, 1947, ch. 504, § 10(2)(5), 61 Stat. 788
## Notes
Section 881, R.S. § 4681, related to authority of the President to order surveys of coasts of the United States. See section 883a of this title.
Section 882, R.S. § 4682, related to additional authority to order surveys beyond twenty-league limit. See section 883a of this title.
Section 883, R.S. §§ 4683, 4684, related to mode of conducting surveys generally. See sections 883a and 883b of this title.
File diff suppressed because one or more lines are too long
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# 33 U.S.C. § 883b - Dissemination of data; further activities
## Text
In order that full public benefit may be derived from the operations of the National Ocean Survey by the dissemination of data resulting from the activities herein authorized and of related data from other sources, the Secretary of Commerce is authorized to conduct the following activities:
(1) Analysis and prediction of tide and current data;
(2) Processing and publication of data, information, compilations, and reports;
(3) Compilation and printing of nautical charts;
(4) Distribution of nautical charts and related navigational publications.
(Aug. 6, 1947, ch. 504, § 2, 61 Stat. 787; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 106181, title VI, § 605(a), Apr. 5, 2000, 114 Stat. 154.)
## Notes
Editorial Notes
Amendments2000—Par. (3). Pub. L. 106181, § 605(a)(1), (2), redesignated par. (4) as (3), substituted “charts;” for “charts of the United States, its Territories, and possessions;” and struck out former par. (3) which read as follows: “Compilation and printing of aeronautical charts of the United States, its Territories, and possessions; and, in addition, the compilation and printing of such aeronautical charts covering international airways as are required primarily by United States Civil aviation;”. Par. (4). Pub. L. 106181, § 605(a)(1), (3), redesignated par. (6) as (4) and substituted “publications” for “publications for the United States, its Territories, and possessions”. Former par. (4) redesignated (3). Par. (5). Pub. L. 106181, § 605(a)(1), struck out par. (5) which read as follows: “Distribution of aeronautical charts and related navigational publications required by United States civil aviation;”. Par. (6). Pub. L. 106181, § 605(a)(1), redesignated par. (6) as (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of Title 49, Transportation.
Executive Documents
Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science Services Administration abolished and National Oceanic and Atmospheric Administration established by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. By Department Organization Order 255A, Secretary delegated to NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 883c - Geomagnetic data; collection, correlation, and dissemination
## Text
To provide for the orderly collection of geomagnetic data from domestic and foreign sources, and to assure that such data shall be readily available to Government and private agencies and individuals, the National Ocean Survey is designated as the central depository of the United States Government for geomagnetic data, and the Secretary of Commerce is authorized to collect, correlate, and disseminate such data.
(Aug. 6, 1947, ch. 504, § 3, 61 Stat. 787; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Executive Documents
Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science Services Administration abolished and National Oceanic and Atmospheric Administration established by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. By Department Organization Order 255A, Secretary delegated to NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 883d - Improvement of methods, instruments, and equipments; investigations and research
## Text
To improve the efficiency of the National Ocean Survey and to increase engineering and scientific knowledge, the Secretary of Commerce is authorized to conduct developmental work for the improvement of surveying and cartographic methods, instruments, and equipments; and to conduct investigations and research in geophysical sciences (including geodesy, oceanography, seismology, and geomagnetism).
(Aug. 6, 1947, ch. 504, § 4, 61 Stat. 788; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Executive Documents
Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science Services Administration abolished and National Oceanic and Atmospheric Administration established by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. By Department Organization Order 255A, Secretary delegated to NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 883e - Agreements for surveys and investigations; contribution of costs incurred by National Oceanic and Atmospheric Administration
## Text
(1) The Secretary of Commerce is authorized to enter into cooperative agreements, or any other agreements, with, and to receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual, for surveys or investigations authorized herein, or for performing related surveying and mapping activities, including special-purpose maps, and for the preparation and publication of the results thereof.
(2) The Secretary of Commerce is authorized to establish the terms of any agreement entered into under this section, including the amount of funds to be received, and may contribute that portion of the costs incurred by the National Oceanic and Atmospheric Administration, including shiptime and personnel expenses, which the Secretary determines represents the amount of benefits derived by the Administration from the agreement.
(Aug. 6, 1947, ch. 504, § 5, 61 Stat. 788; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 99272, title VI, § 6085, Apr. 7, 1986, 100 Stat. 138; Pub. L. 106181, title VI, § 605(b), Apr. 5, 2000, 114 Stat. 154.)
## Notes
Editorial Notes
Amendments2000—Par. (1). Pub. L. 106181, § 605(b)(1), substituted “cooperative agreements, or any other agreements,” for “cooperative agreements”. Par. (2). Pub. L. 106181, § 605(b)(2), which directed the striking of “cooperative”, was executed by striking “cooperative” before “agreement” in two places, to reflect the probable intent of Congress. 1986—Pub. L. 99272 designated existing provisions as par. (1), inserted “any Federal agency,” after “or subdivision thereof,” and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of Title 49, Transportation.
Executive Documents
Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 883f - Contracts with qualified organizations
## Text
The Secretary of Commerce is authorized to contract with qualified organizations for the performance of any part of the authorized functions of the National Ocean Survey when he deems such procedure to be in the public interests.
(Aug. 6, 1947, ch. 504, § 6, 61 Stat. 788; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
## Notes
Executive Documents
Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2, of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science Services Administration abolished and National Oceanic and Atmospheric Administration established by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. By Department Organization Order 255A, Secretary delegated to NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title.
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# 33 U.S.C. § 883g - Repealed. Pub. L. 88611, § 4(a)(2), Oct. 2, 1964, 78 Stat. 991
## Notes
Section, act Aug. 6, 1947, ch. 504, § 7, 61 Stat. 788, provided for acceptance of gifts or bequests and exemption from Federal taxes. See sections 1522 and 1523 of Title 15, Commerce and Trade.
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# 33 U.S.C. § 883h - Employment of public vessels
## Text
The President is authorized to cause to be employed such of the public vessels as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper in order to carry out the provisions of this subchapter.
(Aug. 6, 1947, ch. 504, § 8, 61 Stat. 788.)
## Notes
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of Commerce, see section 1(l) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
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# 33 U.S.C. § 883i - Authorization of appropriations
## Text
There are authorized to be appropriated such funds as may be necessary to acquire, construct, maintain, and operate ships, stations, equipment, and facilities and for such other expenditures, including personal services at the seat of government and elsewhere and including the erection of temporary observatory buildings and lease of sites therefor, as may be necessary for the conduct of the activities herein authorized.
(Aug. 6, 1947, ch. 504, § 9, 61 Stat. 788.)
## Notes
Editorial Notes
References in TextHerein, referred to in text, means act Aug. 6, 1947, ch. 504, 61 Stat. 787, which is classified generally to this subchapter (§ 883a et seq.). For complete classification of this Act to the Code, see Tables.
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# 33 U.S.C. § 883j - Ocean satellite data
## Text
The Administrator of the National Oceanic and Atmospheric Administration (hereinafter referred to in this subtitle 11 See References in Text note below. as the “Administration”) shall take such actions, including the sponsorship of applied research, as may be necessary to assure the future availability and usefulness of ocean satellite data to the maritime community.
(Pub. L. 99272, title VI, § 6082, Apr. 7, 1986, 100 Stat. 135.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in text, is subtitle H (§§ 60816085) of title VI of Pub. L. 99272, Apr. 7, 1986, 100 Stat. 135, which enacted this section and section 1530 of Title 15, Commerce and Trade, amended section 883e of this title and sections 330e, 2903 and 2904 of Title 15, and repealed section 2905 of Title 15. For complete classification of this subtitle to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions of Secretary and other officers of Department of Commerce under this section that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts, products, and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000, see section 44721(c)(2) of Title 49, Transportation.
Report on Satellite OceanographyPub. L. 102567, title I, § 116, Oct. 29, 1992, 106 Stat. 4279, directed the Federal Coordinating Council for Science, Engineering, and Technology through the Committee on Earth and Environmental Sciences, in consultation with Federal, academic, and commercial users of remotely sensed data, to consider and develop findings and recommendations regarding the most urgent current needs of oceanographic researchers for remote sensing capabilities and remotely sensed data and the major goals of satellite oceanography for the next 10 years, and, not later than one year after Oct. 29, 1992, to submit to Congress a report which described the findings and recommendations of the Committee.
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# 33 U.S.C. § 883k - Acquisition of land for facilities
## Text
For fiscal year 1990 and hereafter funds appropriated under this heading shall be available for acquisition of land for facilities.
(Pub. L. 101162, title I, Nov. 21, 1989, 103 Stat. 992.)
## Notes
Editorial Notes
References in TextFunds appropriated under this heading, referred to in text, refers to funds appropriated under the headings “National Oceanic and Atmospheric Administration” and “operations, research, and facilities” of title I, “Department of Commerce”, of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990, Pub. L. 101162.
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# 33 U.S.C. § 883l - Contracts for surveying and mapping services
## Text
On and after February 20, 2003, the Secretary of Commerce may award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services in accordance with title IX of the Federal Property and Administrative Services Act of 1949.11 See References in Text note below.
(Pub. L. 1087, div. B, title II, § 206, Feb. 20, 2003, 117 Stat. 77.)
## Notes
Editorial Notes
References in TextThe Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
Prior ProvisionsSimilar provisions were contained in the following prior appropriation acts: Pub. L. 10777, title II, § 206, Nov. 28, 2001, 115 Stat. 778. Pub. L. 106553, § 1(a)(2) [title II, § 207], Dec. 21, 2000, 114 Stat. 2762, 2762A79. Pub. L. 106113, div. B, § 1000(a)(1) [title II, § 208], Nov. 29, 1999, 113 Stat. 1535, 1501A32. Pub. L. 105277, div. A, § 101(b) [title II, § 208], Oct. 21, 1998, 112 Stat. 268150, 268187. Pub. L. 105119, title II, § 208, Nov. 26, 1997, 111 Stat. 2480. Pub. L. 104208, div. A, title I, § 101(a) [title II, § 209], Sept. 30, 1996, 110 Stat. 3009, 300941. Pub. L. 104134, title I, § 101(a) [title II, § 212], Apr. 26, 1996, 110 Stat. 1321, 132132.
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# 33 U.S.C. § 884 - Power to use books, maps, etc., and to employ persons
## Text
The President is authorized, in executing the provisions of title 56 of the Revised Statutes relating to the coast survey, to use all maps, charts, books, instruments, and apparatus belonging to the United States, and to direct where the same shall be deposited, and to employ all persons in the land or naval service of the United States, and such astronomers and other persons as he shall deem proper.
(R.S. § 4685.)
## Notes
Editorial Notes
References in TextTitle 56 of the Revised Statutes, referred to in text, was in the original “this Title”, meaning title 56 of the Revised Statutes, consisting of R.S. §§ 4681 to 4691 of the Revised Statutes, which are classified to sections 881 to 883 and 884 to 888 of this title. For complete classification of R.S. §§ 4681 to 4691 to the Code, see Tables.
Codification Section was not enacted as part of act Aug. 6, 1947, ch. 504, 61 Stat. 787, which comprises this subchapter. R.S. § 4685 derived from act July 10, 1832, ch. 191, § 2, 4 Stat. 571.
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# 33 U.S.C. § 885 - Repealed. Aug. 6, 1947, ch. 504, § 10(6), 61 Stat. 788
## Notes
Section, R.S. § 4686, related to use of public vessels on coast surveys. See section 883h of this title.
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# 33 U.S.C. § 888 - Omitted
## Notes
Editorial Notes
Codification Section, R.S. §§ 264, 4690; acts Feb. 14, 1903, ch. 552, §§ 4, 10, 32 Stat. 826, 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 5, 1920, ch. 235, § 1, 41 Stat. 929, relating to an annual statement on coast surveys by the Coast and Geodetic Survey [now the National Ocean Survey], was partially repealed by acts May 29, 1928, ch. 901, § 1(104), 45 Stat. 994; Aug. 7, 1946, ch. 770, § 1(5), 60 Stat. 866; and Aug. 30, 1954, ch. 1076, § 1(13), 68 Stat. 967.
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# 33 U.S.C. § 891 - Definitions
## Text
In this subchapter, the term—
(1) “NOAA” means the National Oceanic and Atmospheric Administration within the Department of Commerce.
(2) “NOAA fleet” means the fleet of research vessels owned or operated by NOAA.
(3) “Plan” means the NOAA Fleet Replacement and Modernization Plan described in section 891b of this title.
(4) “Secretary” means the Secretary of Commerce.
(5) “UNOLS” means University-National Oceanographic Laboratory System.
(Pub. L. 102567, title VI, § 602, Oct. 29, 1992, 106 Stat. 4299.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitleFor short title of this subchapter as the “NOAA Fleet Modernization Act”, see section 601 of Pub. L. 102567, set out as a Short Title of 1992 Amendment note under section 851 of this title.
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# 33 U.S.C. § 891a - Operation and maintenance of NOAA fleet
## Text
The Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this subchapter.
(Pub. L. 102567, title VI, § 603, Oct. 29, 1992, 106 Stat. 4300; Pub. L. 11960, div. H, title LXXXIV, § 8402(a)(1), Dec. 18, 2025, 139 Stat. 1908.)
## Notes
Editorial Notes
Amendments2025—Pub. L. 11960 substituted “Operation and maintenance of NOAA fleet” for “Fleet replacement and modernization program” in section catchline and “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this subchapter.” for “is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet.” in text.
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# 33 U.S.C. § 891b - Fleet replacement and modernization Plan
## Text
(a) In general To carry out the program authorized in section 891a of this title, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after December 18, 2025, and every 2 years thereafter.
(b) Plan elements The Plan required in subsection (a) shall include the following—
(1) the number of vessels in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;
(2) a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements;
(3) the number of vessels proposed to be constructed by NOAA;
(4) the number of vessels proposed to be acquired, leased, or chartered by NOAA;
(5) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS;
(6) the number of vessels that will be made available to NOAA by the Secretary of the Navy, the Director of the National Science Foundation, or any other Federal official, and the terms and conditions for the availability of those vessels;
(7) the proposed acquisition of modern scientific instrumentation for the NOAA fleet, including acoustic systems, data transmission positioning and communication systems, physical, chemical, and meteorological oceanographic systems, and data acquisition and processing systems;
(8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;
(9) the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and
(10) current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.
(c) Vessel procurement approval The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.
(Pub. L. 102567, title VI, § 604, Oct. 29, 1992, 106 Stat. 4300; Pub. L. 11960, div. H, title LXXXIV, § 8402(a)(2), Dec. 18, 2025, 139 Stat. 1908.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960, § 8402(a)(2)(A), substituted “Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after December 19, 2025, and every 2 years thereafter.” for “Secretary shall develop and submit to Congress a replacement and modernization Plan for the NOAA fleet covering the years authorized under section 891h of this title.” Subsec. (b). Pub. L. 11960, § 8402(a)(2)(C), redesignated subsec. (c) as (b). Pub. L. 11960, § 8402(a)(2)(B), struck out subsec. (b). Text read as follows: “The Plan required in subsection (a) shall be submitted to Congress within 30 days of October 29, 1992, and updated on an annual basis.” Subsec. (b)(1). Pub. L. 11960, § 8402(a)(2)(D)(i), substituted “in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;” for “proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements;”. Subsec. (b)(2) to (10). Pub. L. 11960, § 8402(a)(2)(D)(ii)(viii), added pars. (2) and (3) and redesignated former pars. (2) to (5) as (4) to (7), respectively; in par. (4), substituted “acquired, leased, or chartered by NOAA” for “constructed, leased, or chartered”; in par. (6), substituted “the Director of the National Science Foundation, or any other Federal official” for “or any other federal official” and “the availability of those vessels” for “their availability”; struck out former par. (6), which related to the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet; and added pars. (8) to (10). Subsec. (c). Pub. L. 11960, § 8402(a)(2)(E), added subsec. (c). Pub. L. 11960, § 8402(a)(2)(C), redesignated subsec. (c) as (b). Subsec. (d). Pub. L. 11960, § 8402(a)(2)(B), struck out subsec. (d). Text read as follows: “The Secretary may not enter into any contract for the construction, lease, or service life extension of a vessel of the NOAA fleet before the date of the submission to Congress of the Plan required in subsection (a).”
Statutory Notes and Related Subsidiaries
Fishery Survey Vessel AcquisitionPub. L. 106450, title III, Nov. 7, 2000, 114 Stat. 1945, as amended by Pub. L. 11960, div. H, title LXXXIV, § 8402(b), Dec. 18, 2025, 139 Stat. 1910, provided that: “SEC. 301. SHORT TITLE.“This title may be cited as the Fisheries Survey Vessel Authorization Act of 2000. “SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.“(a) In General.—The Secretary, subject to the availability of appropriations, may acquire, by purchase, lease, lease-purchase, or charter, and equip fishery survey vessels in accordance with this section and the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.). “(b) Vessel Requirements.—Any vessel acquired and equipped under this section must—“(1) be capable of—“(A) staying at sea continuously for at least 30 days; “(B) conducting fishery population surveys using hydroacoustic, longlining, deep water, and pelagic trawls, and other necessary survey techniques; and “(C) conducting other work necessary to provide fishery managers with the accurate and timely data needed to prepare and implement fishery management plans; and “(2) have a hull that meets the International Council for Exploration of the Sea standard regarding acoustic quietness. “(c) Authorization.—To carry out this section there are authorized to be appropriated to the Secretary $60,000,000 for each of fiscal years 2002 and 2003.”
Deactivation of NOAA Research VesselsPub. L. 102567, title IV, § 401(b)(4), Oct. 29, 1992, 106 Stat. 4291, as amended by Pub. L. 11960, div. H, title LXXXIV, § 8402(c), Dec. 18, 2025, 139 Stat. 1910, provided that: The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives 60 days prior to the proposed deactivation of any other research vessel of the National Oceanic and Atmospheric Administration.”
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# 33 U.S.C. § 891c - Design of NOAA vessels
## Text
(a) Design requirement Except for the vessel designs identified under subsection (b), the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall—
(1) prepare requirements for each class of vessel to be constructed or converted under the Plan; and
(2) contract competitively from nongovernmental entities with expertise in shipbuilding for vessel design and construction based on the requirements for each class of vessel to be acquired.
(b) Exception The Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, as part of the annual update of the Plan required in section 891b of this title, any existing vessel design or design proposals that meet the requirements of the Plan.
(Pub. L. 102567, title VI, § 605, Oct. 29, 1992, 106 Stat. 4300; Pub. L. 11960, div. H, title LXXXIV, § 8402(a)(3), Dec. 18, 2025, 139 Stat. 1909.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960, § 8402(a)(3)(A), substituted “acting through the Assistant Administrator of NOAA for Marine and Aviation Operations” for “working through the Office of the NOAA Corps Operations and the Systems Procurement Office” in introductory provisions. Pub. L. 11960, § 8402(a)(3)(B), substituted “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,” for “shall— “(1) report to Congress identifying any existing vessel design or design proposal that meets the requirements of the Plan within 30 days after October 29, 1992, and shall promptly advise the Congress of any modification of these designs; and “(2) submit to Congress”, and struck out “subsequent” before “existing vessel design”.
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# 33 U.S.C. § 891d - Contract authority
## Text
(a) Multiyear contracts (1) In general Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and subsections (a) and (b) of section 6301 of title 41, the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts.
(2) Required findings The Secretary may not enter into a contract pursuant to this subsection unless the Secretary finds with respect to that contract that—
(A) there is a reasonable expectation that throughout the contemplated contract period the Secretary will request from Congress funding for the contract at the level required to avoid contract termination; and
(B) the use of the contract will promote the best interests of the United States by encouraging competition and promoting economic efficiency in the operation of the NOAA fleet.
(3) Required contract provisions The Secretary may not enter into a contract pursuant to this subsection unless the contract includes—
(A) a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments;
(B) a provision that specifies the term of effectiveness of the contract; and
(C) appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to subparagraph (B), the United States shall only be liable for the lesser of—
(i) an amount specified in the contract for such a termination; or
(ii) amounts that—
(I) were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract; and
(II) are unobligated on the date of the termination.
(b) Service contracts Notwithstanding any other provision of law, the Secretary may enter into multiyear contracts for oceanographic research, fisheries research, and mapping and charting services to assist the Secretary in fulfilling NOAA missions. The Secretary may only enter into these contracts if—
(1) the Secretary finds that it is in the public interest to do so;
(2) the contract is for not more than 7 years; and
(3) (A) the cost of the contract is less than the cost (including the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or
(B) NOAA vessels are not available or cannot provide those services.
(c) Bonding authority Notwithstanding any other law, the Secretary may not require a contractor for the construction, alteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract.
(Pub. L. 102567, title VI, § 606, Oct. 29, 1992, 106 Stat. 4301.)
## Notes
Editorial Notes
Codification In subsec. (a)(1), “subsections (a) and (b) of section 6301 of title 41” substituted for “section 3732 of the Revised Statutes of the United States (41 U.S.C. 11)” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
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# 33 U.S.C. § 891e1 - Shipyards located outside of the United States
## Text
On and after December 26, 2007, none of the funds made available in this Act or any other Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States.
(Pub. L. 110161, div. B, title V, § 506, Dec. 26, 2007, 121 Stat. 1925.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is div. B of Pub. L. 110161, Dec. 26, 2007, 121 Stat. 1884, known as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008. For complete classification of this Act to the Code, see Tables.
Codification Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the NOAA Fleet Modernization Act which comprises this subchapter.
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# 33 U.S.C. § 891e - Restriction with respect to certain shipyard subsidies
## Text
(a) In general The Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard.
(b) “Significant subsidy” defined In this section, the term “significant subsidy” includes, but is not limited to, any of the following:
(1) Officially supported export credits.
(2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to—
(A) grants;
(B) loans and loan guarantees other than those available on the commercial market;
(C) forgiveness of debt;
(D) equity infusions on terms inconsistent with commercially reasonable investment practices; and
(E) preferential provision of goods and services.
(3) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures.
(4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises.
(5) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons or firms not engaged in shipbuilding or repair.
(6) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements.
(7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders.
(8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement.
(Pub. L. 102567, title VI, § 607, Oct. 29, 1992, 106 Stat. 4302; Pub. L. 10636, title I, § 1002(f), June 25, 1999, 113 Stat. 133.)
## Notes
Editorial Notes
Amendments1999—Subsec. (b)(8). Pub. L. 10636 substituted “Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement” for “Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade or any other export subsidy that may be prohibited as a result of the Uruguay Round of trade negotiations.”
Statutory Notes and Related Subsidiaries
Fisheries Research Vessel ProcurementPub. L. 106450, title IV, § 401, Nov. 7, 2000, 114 Stat. 1945, provided that: “Notwithstanding section 644 of title 15, United States Code, and section 19.5022 of title 48, Code of Federal Regulations, the Secretary of Commerce shall seek to procure Fisheries Research Vessels through full and open competition from responsible United States shipbuilding companies irrespective of size.”
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# 33 U.S.C. § 891f - Use of vessels
## Text
In implementing the NOAA fleet replacement and modernization program, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall use excess capacity of UNOLS vessels where appropriate and may enter into memoranda of agreement with the operators of these vessels to carry out this requirement.
(Pub. L. 102567, title VI, § 608, Oct. 29, 1992, 106 Stat. 4303; Pub. L. 11960, div. H, title LXXXIV, § 8402(a)(4), Dec. 18, 2025, 139 Stat. 1910.)
## Notes
Editorial Notes
Amendments2025—Pub. L. 11960 struck out subsec. (a) designation and heading “Vessel Agreements” and struck out subsec. (b), which required the Comptroller General to provide a report within one year after October 29, 1992 comparing the cost-efficiency, accounting, and operating practices of the vessels of NOAA, UNOLS, other Federal agencies, and the United States private sector in meeting the missions of NOAA.
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# 33 U.S.C. § 891g - Interoperability
## Text
The Secretary shall consult with the Oceanographer of the Navy regarding appropriate measures that should be taken, on a reimbursable basis, to ensure that NOAA vessels are interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels.
(Pub. L. 102567, title VI, § 609, Oct. 29, 1992, 106 Stat. 4303.)
## Notes
Statutory Notes and Related Subsidiaries
Interoperability of VesselsPub. L. 102567, title IV, § 401(b)(5), Oct. 29, 1992, 106 Stat. 4291, provided that: “The Secretary of Commerce shall consult with the Oceanographer of the Navy regarding appropriate cost effective and practical measures to allow vessels of the National Oceanic and Atmospheric Administration to be interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels.”
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# 33 U.S.C. § 891h - Authorization of appropriations
## Text
(a) In general There are authorized to be appropriated to the Secretary $93,000,000 for the period of fiscal years 2025 through 2026 to carry out this subchapter and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106450; 114 Stat. 1945; 33 U.S.C. 891b note).
(b) Limitation on fleet modernization activities All NOAA fleet modernization, shipbuilding, and conversion shall be conducted in accordance with this subchapter.
(Pub. L. 102567, title VI, § 610, Oct. 29, 1992, 106 Stat. 4303; Pub. L. 11960, div. H, title LXXXIV, § 8402(a)(5), Dec. 18, 2025, 139 Stat. 1910.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960, § 8402(a)(5)(A), substituted “$93,000,000 for the period of fiscal years 2025 through 2026 to carry out this subchapter and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106450; 114 Stat. 1945; 33 U.S.C. 891b note).” for “carrying out this subchapter— “(1) $50,000,000 for fiscal year 1993; “(2) $100,000,000 for fiscal year 1994; and “(3) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997.” Subsec. (b). Pub. L. 11960, § 8402(a)(5)(B), substituted “NOAA fleet modernization,” for “National Oceanic and Atmospheric Administration fleet modernization”.
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# 33 U.S.C. § 892 - Definitions
## Text
In this subchapter:
(1) Administrator The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2) Administration The term “Administration” means the National Oceanic and Atmospheric Administration.
(3) Hydrographic data The term “hydrographic data” means information that—
(A) is acquired through—
(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying;
(ii) geodetic, geospatial, or geomagnetic measurements;
(iii) tide, water level, and current observations; or
(iv) other methods; and
(B) is used in providing hydrographic services.
(4) Hydrographic services The term “hydrographic services” means—
(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, hydrodynamic forecast and datum transformation models, and other products derived from hydrographic data;
(B) the development of nautical information systems; and
(C) related activities.
(5) Coast and Geodetic Survey Act The term “Coast and Geodetic Survey Act” means the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 (33 U.S.C. 883a et seq.).
(Pub. L. 105384, title III, § 302, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107372, title I, § 102, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110386, § 2, Oct. 10, 2008, 122 Stat. 4106; Pub. L. 117263, div. J, title CIII, § 10308(a), Dec. 23, 2022, 136 Stat. 3980.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 105384, Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete classification of this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables. Act of August 6, 1947, referred to in par. (5), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, which is classified generally to subchapter II of this chapter. For complete classification of this Act to the Code, see Tables.
Amendments2022—Par. (4)(A). Pub. L. 117263 inserted “hydrodynamic forecast and datum transformation models,” after “nautical information databases,”. 2008—Pars. (3) to (5). Pub. L. 110386, which directed the amendment of section “303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892)” by adding pars. (3) to (5) and striking out former pars. (3) to (5), was executed to this section, which is section 302 of the Hydrographic Services Improvement Act of 1998, to reflect the probable intent of Congress. Prior to amendment, pars. (3) to (5) defined the terms “hydrographic data”, “hydrographic services”, and “Act of 1947”, respectively. 2002—Par. (3). Pub. L. 107372, § 102(1), inserted “, geospatial, or geomagnetic” after “geodetic”. Par. (4). Pub. L. 107372, § 102(2), inserted “geospatial, geomagnetic,” after “geodetic,”.
Statutory Notes and Related Subsidiaries
Short TitleFor short title of this subchapter as the “Hydrographic Services Improvement Act of 1998”, see section 301 of Pub. L. 105384, set out as a Short Title of 1998 Amendment note under section 851 of this title.
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# 33 U.S.C. § 892a - Functions of the Administrator
## Text
(a) Responsibilities To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, the Administrator shall—
(1) acquire and disseminate hydrographic data and provide hydrographic services;
(2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services;
(3) promulgate standards for hydrographic services provided by the Administration;
(4) ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies;
(5) maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies;
(6) provide hydrographic services in uniform, easily accessible formats;
(7) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and
(8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (6) through contracts or other agreements with private sector entities.
(b) Authorities To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote precision navigation, safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, subject to the availability of appropriations, the Administrator—
(1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services;
(2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems and hydrodynamic forecast models to enhance navigation safety and efficiency and provide foundational information and services required to support coastal resilience planning for coastal transportation and other infrastructure, coastal protection and restoration projects, and related activities;
(3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources;
(4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 741 of title 6);
(5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this subchapter; and
(6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with chapter 11 of title 40.
(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.
(Pub. L. 105384, title III, § 303, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107372, title I, § 103, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110386, § 3, Oct. 10, 2008, 122 Stat. 4107; Pub. L. 117263, div. J, title CIII, § 10308(b), Dec. 23, 2022, 136 Stat. 3980; Pub. L. 11960, div. G, title LXXVII, § 7701(h), Dec. 18, 2025, 139 Stat. 1836.)
## Notes
Editorial Notes
Amendments2025—Subsecs. (a), (b). Pub. L. 11960, § 7701(h)(1), (2)(A), in introductory provisions, made technical amendment to reference in original act which appears in text as reference to “this subchapter”, requiring no change in text. Subsec. (b)(6). Pub. L. 11960, § 7701(h)(2)(B), substituted “chapter 11” for “subchapter VI of chapter 10”. 2022—Subsec. (b). Pub. L. 117263, § 10308(b)(1), inserted “precision navigation,” after “promote” in introductory provisions. Subsec. (b)(2). Pub. L. 117263, § 10308(b)(2), inserted “and hydrodynamic forecast models” after “monitoring systems” and “and provide foundational information and services required to support coastal resilience planning for coastal transportation and other infrastructure, coastal protection and restoration projects, and related activities” after “efficiency” and struck out “and” after semicolon at end. 2008—Subsec. (a). Pub. L. 110386, § 3(1), substituted “the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter,” for “the Act of 1947,” in introductory provisions. Subsec. (a)(1). Pub. L. 110386, § 3(2), substituted “data and provide hydrographic services;” for “data;”. Subsec. (b). Pub. L. 110386, § 3(3), added subsec. (b) and struck out former subsec. (b) which related to actions of Administrator to fulfill data gathering and dissemination duties of the Administration under the Act of 1947. 2002—Subsec. (b)(4). Pub. L. 107372, § 103(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “may design and install where appropriate Physical Oceanographic Real-Time Systems to enhance navigation safety and efficiency.” Subsec. (c). Pub. L. 107372, § 103(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Charting and Survey ServicesPub. L. 116259, title V, § 501, Dec. 23, 2020, 134 Stat. 1178, provided that: “(a) In General.—Not later than 270 days after the development of the strategy required by section 1002(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 [Pub. L. 115282] (33 U.S.C. 892a note), the Secretary of Commerce shall enter into not fewer than 2 multi-year contracts with 1 or more private entities for the performance of charting and survey services by vessels. “(b) Charting and Surveys in the Arctic.—In soliciting and engaging the services of vessels under subsection (a), the Secretary shall particularly emphasize the need for charting and surveys in the Arctic.”
System for Tracking and Reporting All-Inclusive Cost of Hydrographic SurveysPub. L. 115282, title X, § 1002, Dec. 4, 2018, 132 Stat. 4365, provided that: “(a) In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 4, 2018], the Secretary of Commerce shall—“(1) develop and implement a system to track and report the full cost to the Department of Commerce of hydrographic data collection, including costs relating to vessel acquisition, vessel repair, and administration of contracts to procure data; “(2) evaluate measures for comparing cost per unit effort in addition to measures of cost per nautical square mile; and “(3) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on which additional measures for comparing cost per unit effort the Secretary intends to use and the rationale for such use. “(b) Development of Strategy for Increased Contracting With Nongovernmental Entities for Hydrographic Data Collection.—Not later than 180 days after the date on which the Secretary completes the activities required by subsection (a), the Secretary shall develop a strategy for how the National Oceanic and Atmospheric Administration will increase contracting with nongovernmental entities for hydrographic data collection in a manner that is consistent with the requirements of the Ocean and Coastal Mapping Integration Act ([subtitle B of title XII of] Public Law 11111; 33 U.S.C. 3501 et seq.).”
Hydrographic SurveyPub. L. 106541, title V, § 554, Dec. 11, 2000, 114 Stat. 2679, provided that: “The Secretary [of the Army] shall enter into an agreement with the Administrator of the National Oceanic and Atmospheric Administration— “(1) to require the Secretary, not later than 60 days after the Corps of Engineers completes a project involving dredging of a channel, to provide data to the Administration in a standard digital format on the results of a hydrographic survey of the channel conducted by the Corps of Engineers; and “(2) to require the Administrator to provide the final charts with respect to the project to the Secretary in digital format, at no charge, for the purpose of enhancing the mission of the Corps of Engineers of maintaining Federal navigation projects.”
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# 33 U.S.C. § 892b - Quality assurance program
## Text
(a) Definition For purposes of this section, the term “hydrographic product” means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data.
(b) Program (1) In general The Administrator—
(A) by not later than 2 years after December 19, 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 892a(a)(3) of this title;
(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.
(2) Limitation on fee amount Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title, including the cost of administering such a program.
(c) Limitation on liability The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.
(d) Hydrographic Services Account (1) Establishment There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
(2) Content The account shall consist of—
(A) amounts received by the United States as fees charged under subsection (b)(1)(C); and
(B) such other amounts as may be provided by law.
(3) Use Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.
(e) Limitation on new fees and increases in existing fees for hydrographic services After November 13, 1998, the Administrator may not—
(1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or
(2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44.
(Pub. L. 105384, title III, § 304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107372, title I, § 104(a), Dec. 19, 2002, 116 Stat. 3080; Pub. L. 117263, div. J, title CIII, § 10308(c), Dec. 23, 2022, 136 Stat. 3980.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a). Pub. L. 117263 substituted “product or service produced or disseminated” for “product produced”. 2002—Subsec. (b)(1). Pub. L. 107372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Administrator may— “(A) develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title; “(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and “(C) charge a fee for such certification and use.”
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# 33 U.S.C. § 892c - Hydrographic Services Review Panel
## Text
(a) Establishment No later than 1 year after December 19, 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 892a of this title 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 Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center 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 1 or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator.
(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 subchapter 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 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).
(Pub. L. 105384, title III, § 305, Nov. 13, 1998, 112 Stat. 3456; Pub. L. 105383, title IV, § 432(c), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107372, title I, § 105, Dec. 19, 2002, 116 Stat. 3080; Pub. L. 110386, § 4, Oct. 10, 2008, 122 Stat. 4107.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (c)(1)(C), was in the original “this Act”, and was translated, to reflect the probable intent of Congress, as reading “this title”, meaning title III of Pub. L. 105384, Nov. 13, 1998, 112 Stat. 3454, known as the Hydrographic Services Improvement Act of 1998, which is classified principally to this subchapter. For complete classification of title III to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables.
Amendments2008—Subsec. (c)(1)(A). Pub. L. 110386 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “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.” 2002—Pub. L. 107372 amended section generally, substituting provisions establishing Hydrographic Services Review Panel for provisions requiring report, not later than 6 months after November 13, 1998, on a plan to ensure maintenance of Federal competence and expertise in hydrographic surveying. 1998—Pub. L. 105383, which directed the amendment of this section by striking out subsecs. (a) and (d), was executed by striking out subsec. (a), because no subsec. (d) has been enacted. Prior to amendment, subsec. (a) read as follows: “(a) Ports.—Not later than 6 months after November 13, 1998, the Administrator and the Commandant of the Coast Guard shall report to the Congress on— “(1) the status of implementation of real-time tide and current data systems in United States ports; “(2) existing safety and efficiency needs in United States ports that could be met by increased use of those systems; and “(3) a plan for expanding those systems to meet those needs, including an estimate of the cost of implementing those systems in priority locations.”
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentPub. L. 105383, title IV, § 432(a), Nov. 13, 1998, 112 Stat. 3444, provided that: “Subsections (b) and (c) [amending this section and section 892d of this title] shall take effect immediately after the later of— “(1) the enactment of the Hydrographic Services Improvement Act of 1998 [Pub. L. 105384, title III, Nov. 13, 1998]; or “(2) the enactment of this Act [Nov. 13, 1998].”
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# 33 U.S.C. § 892d - Authorization of appropriations
## Text
(a) In general There are authorized to be appropriated to the Administrator the following:
(1) To carry out nautical mapping and charting functions under sections 892b and 892c of this title, except for conducting hydrographic surveys, $71,000,000 for each of fiscal years 2023 through 2028.
(2) To contract for hydrographic surveys under section 892b(b)(1) of this title, including the leasing or time chartering of vessels, $34,000,000 for each of fiscal years 2023 through 2028.
(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration, $38,000,000 for each of fiscal years 2023 through 2028.
(4) To carry out geodetic functions under this subchapter, $45,000,000 for each of fiscal years 2023 through 2028.
(5) To carry out tide and current measurement functions under this subchapter, $35,000,000 for each of fiscal years 2023 through 2028.
(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.
(b) Arctic programs Of the amount authorized by this section for each fiscal year—
(1) $10,000,000 is authorized for use in the Arctic—
(A) to acquire hydrographic data;
(B) to provide hydrographic services;
(C) to conduct coastal change analyses necessary to ensure safe navigation;
(D) to improve the management of coastal change; and
(E) to reduce risks of harm to subsistence and coastal communities associated with increased international maritime traffic; and
(2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended Continental Shelf.
(c) Limitation on administrative expenses for surveys Of amounts authorized by this section for each fiscal year for contract hydrographic surveys, not more than 5 percent is authorized for administrative costs associated with contract management.
(Pub. L. 105384, title III, § 306, Nov. 13, 1998, 112 Stat. 3457; Pub. L. 105383, title IV, § 432(b), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107372, title I, § 106, Dec. 19, 2002, 116 Stat. 3081; Pub. L. 110386, § 5, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 115282, title X, § 1001, Dec. 4, 2018, 132 Stat. 4364; Pub. L. 117263, div. J, title CIII, § 10308(d), Dec. 23, 2022, 136 Stat. 3980.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (a)(4), (5), was in the original “this title”, meaning title III of Pub. L. 105384, Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete classification of this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables.
Amendments2022—Subsec. (a)(1). Pub. L. 117263, § 10308(d)(1), substituted “$71,000,000 for each of fiscal years 2023 through 2028” for “$70,814,000 for each of fiscal years 2019 through 2023”. Subsec. (a)(2). Pub. L. 117263, § 10308(d)(2), substituted “$34,000,000 for each of fiscal years 2023 through 2028” for “$25,000,000 for each of fiscal years 2019 through 2023”. Subsec. (a)(3). Pub. L. 117263, § 10308(d)(3), substituted “$38,000,000 for each of fiscal years 2023 through 2028” for “$29,932,000 for each of fiscal years 2019 through 2023”. Subsec. (a)(4). Pub. L. 117263, § 10308(d)(4), substituted “$45,000,000 for each of fiscal years 2023 through 2028” for “$26,800,000 for each of fiscal years 2019 through 2023”. Subsec. (a)(5). Pub. L. 117263, § 10308(d)(5), substituted “$35,000,000 for each of fiscal years 2023 through 2028” for “$30,564,000 for each of fiscal years 2019 through 2023”. 2018—Subsec. (a). Pub. L. 115282, § 1001(a)(1), designated existing provisions as subsec. (a) and inserted heading. Subsec. (a)(1). Pub. L. 115282, § 1001(a)(2)(A), substituted “surveys, $70,814,000 for each of fiscal years 2019 through 2023.” for “surveys— “(A) $55,000,000 for fiscal year 2009; “(B) $56,000,000 for fiscal year 2010; “(C) $57,000,000 for fiscal year 2011; and “(D) $58,000,000 for fiscal year 2012.” Subsec. (a)(2). Pub. L. 115282, § 1001(a)(2)(B), substituted “vessels, $25,000,000 for each of fiscal years 2019 through 2023.” for “vessels— “(A) $32,130,000 for fiscal year 2009; “(B) $32,760,000 for fiscal year 2010; “(C) $33,390,000 for fiscal year 2011; and “(D) $34,020,000 for fiscal year 2012.” Subsec. (a)(3). Pub. L. 115282, § 1001(a)(2)(C), substituted “Administration, $29,932,000 for each of fiscal years 2019 through 2023.” for “Administration— “(A) $25,900,000 for fiscal year 2009; “(B) $26,400,000 for fiscal year 2010; “(C) $26,900,000 for fiscal year 2011; and “(D) $27,400,000 for fiscal year 2012.” Subsec. (a)(4). Pub. L. 115282, § 1001(a)(2)(D), substituted “subchapter, $26,800,000 for each of fiscal years 2019 through 2023.” for “subchapter— “(A) $32,640,000 for fiscal year 2009; “(B) $33,280,000 for fiscal year 2010; “(C) $33,920,000 for fiscal year 2011; and “(D) $34,560,000 for fiscal year 2012.” Subsec. (a)(5). Pub. L. 115282, § 1001(a)(2)(E), substituted “subchapter, $30,564,000 for each of fiscal years 2019 through 2023.” for “subchapter— “(A) $27,000,000 for fiscal year 2009; “(B) $27,500,000 for fiscal year 2010; “(C) $28,000,000 for fiscal year 2011; and “(D) $28,500,000 for fiscal year 2012.” Subsec. (b). Pub. L. 115282, § 1001(a)(3), added subsec. (b). Subsec. (c). Pub. L. 115282, § 1001(b), added subsec. (c). 2008—Pub. L. 110386 amended section generally. Prior to amendment, section authorized appropriations for fiscal years 2003 through 2007. 2002—Pub. L. 107372 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Administrator the following: “(1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 892a and 892b of this title, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 2001. “(2) To conduct hydrographic surveys under section 892a(a)(1) of this title, including the leasing of ships, $33,000,000 for fiscal year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year 2001. Of these amounts, no more than $16,000,000 is authorized for any one fiscal year to operate hydrographic survey vessels owned and operated by the Administration. “(3) To carry out geodetic functions under the Act of 1947, $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, and $30,000,000 for fiscal year 2001. “(4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each of fiscal years 1999 through 2001. Of these amounts $4,500,000 is authorized for each fiscal year to implement and operate a national quality control system for real-time tide and current and maintain the national tide network, and $7,000,000 is authorized for each fiscal year to design and install real-time tide and current data measurement systems under section 892a(b)(4) of this title.” 1998—Pub. L. 105383 amended section generally, substituting present provisions for substantially identical provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105383 effective immediately after enactment of Pub. L. 105384, Nov. 13, 1998, see section 432(a) of Pub. L. 105383, set out as a note under section 892c of this title.
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# 33 U.S.C. § 893 - Ocean and atmospheric research and development program
## Text
(a) In general The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Director of the National Science Foundation and the Administrator of the National Aeronautics and Space Administration, shall establish a coordinated program of ocean, coastal, Great Lakes, and atmospheric research and development, in collaboration with academic institutions and other nongovernmental entities, that shall focus on the development of advanced technologies and analytical methods that will promote United States leadership in ocean and atmospheric science and competitiveness in the applied uses of such knowledge.
(b) Oceanic and atmospheric research and development program The Administrator shall implement programs and activities—
(1) to identify emerging and innovative research and development priorities to enhance United States competitiveness, support development of new economic opportunities based on NOAA research, observations, monitoring modeling, and predictions that sustain ecosystem services;
(2) to promote United States leadership in oceanic and atmospheric science and competitiveness in the applied uses of such knowledge, including for the development and expansion of economic opportunities; and
(3) to advance ocean, coastal, Great Lakes, and atmospheric research and development, including potentially transformational research, in collaboration with other relevant Federal agencies, academic institutions, the private sector, and nongovernmental programs, consistent with NOAAs mission to understand, observe, and model the Earths atmosphere and biosphere, including the oceans, in an integrated manner.
(c) Report No later than 12 months after January 4, 2011, the Administrator, in consultation with the National Science Foundation or other such agencies with mature transformational research portfolios, shall develop and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology that describes NOAAs strategy for enhancing transformational research in its research and development portfolio to increase United States competitiveness in oceanic and atmospheric science and technology. The report shall—
(1) define “transformational research”;
(2) identify emerging and innovative areas of research and development where transformational research has the potential to make significant and revolutionary 11 So in original. advancements in both understanding and U.S. science leadership;
(3) describe how transformational research priorities are identified and appropriately 1 balanced in the context of NOAAs broader research portfolio;
(4) describe NOAAs plan for developing a competitive peer review and priority-setting 1 process, funding mechanisms, performance and evaluation measures, and transition-to-operation guidelines for transformational research; and
(5) describe partnerships with other agencies involved in transformational research.
(Pub. L. 11069, title IV, § 4001, Aug. 9, 2007, 121 Stat. 599; Pub. L. 111358, title III, § 301, Jan. 4, 2011, 124 Stat. 3996.)
## Notes
Editorial Notes
Amendments2011—Pub. L. 111358 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
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# 33 U.S.C. § 893a - NOAA ocean and atmospheric science education programs
## Text
(a) In general The Administrator of the National Oceanic and Atmospheric Administration shall conduct, develop, support, promote, and coordinate formal and informal educational activities at all levels to enhance public awareness and understanding of ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. In conducting those activities, the Administrator shall build upon the educational programs and activities of the agency, with consideration given to the goal of promoting the participation of individuals identified in sections 1885a and 1885b of title 42 in STEM fields and in promoting the acquisition and retention of highly qualified and motivated young scientists to complement and supplement workforce needs.
(b) Educational program goals The education programs developed by NOAA shall, to the extent applicable—
(1) carry out and support research based programs and activities designed to increase student interest and participation in STEM;
(2) improve public literacy in STEM;
(3) employ proven strategies and methods for improving student learning and teaching in STEM;
(4) provide curriculum support materials and other resources that—
(A) are designed to be integrated with comprehensive STEM education;
(B) are aligned with national science education standards;
(C) are designed considering the unique needs of underrepresented groups, translating such materials and other resources;
(D) promote the adoption and implementation of high-quality education practices that build toward college and career-readiness; and
(E) are promoted widely, especially among individuals identified in sections 1885a and 1885b of title 42; and
(5) create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improves the STEM content and knowledge of the teachers, including through programs linking STEM teachers with STEM educators at the higher education level.
(c) NOAA science education plan The Administrator, appropriate National Oceanic and Atmospheric Administration programs, ocean atmospheric science and education experts, and interested members of the public shall maintain a science education plan setting forth education goals and strategies for the Administration, as well as programmatic actions to carry out such goals and priorities over the next 20 years, and evaluate and update such plan every 5 years.
(d) Metrics In executing the National Oceanic and Atmospheric Administration science education plan under subsection (c), the Administrator shall maintain a comprehensive system for evaluating the Administrations educational programs and activities. In so doing, the Administrator shall ensure that such education programs have measurable objectives and milestones as well as clear, documented metrics for evaluating programs. For each such education program or portfolio of similar programs, the Administrator shall—
(1) encourage the collection of evidence as relevant to the measurable objectives and milestones; and
(2) ensure that program or portfolio evaluations focus on educational outcomes and not just inputs, activities completed, or the number of participants.
(e) Construction Nothing in this section may be construed to affect the application of section 1232a of title 20 or sections 794 and 794d of title 29.
(f) STEM defined In this section, the term “STEM” means the academic and professional disciplines of science, technology, engineering, and mathematics.
(Pub. L. 11069, title IV, § 4002, Aug. 9, 2007, 121 Stat. 600; Pub. L. 111358, title III, § 302, Jan. 4, 2011, 124 Stat. 3997; Pub. L. 114329, title III, § 314, Jan. 6, 2017, 130 Stat. 3015.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a). Pub. L. 114329, § 314(a), substituted “the agency, with consideration given to the goal of promoting the participation of individuals identified in sections 1885a and 1885b of title 42” for “agency, with consideration given to the goal of promoting the participation of individuals from underrepresented groups”. Subsec. (b)(4)(C) to (E). Pub. L. 114329, § 314(b), added subpars. (C) and (E) and redesignated former subpar. (C) as (D). Subsecs. (d) to (f). Pub. L. 114329, § 314(c), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2011—Subsec. (a). Pub. L. 111358, § 302(1), substituted “agency, with consideration given to the goal of promoting the participation of individuals from underrepresented groups in STEM fields and in promoting the acquisition and retention of highly qualified and motivated young scientists to complement and supplement workforce needs.” for “the agency.” Subsec. (b). Pub. L. 111358, § 302(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 111358, § 302(4), substituted “maintain” for “develop”. Pub. L. 111358, § 302(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 111358, § 302(2), redesignated subsec. (c) as (d). Subsec. (e). Pub. L. 111358, § 302(5), added subsec. (e).
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# 33 U.S.C. § 893b - NOAAs contribution to innovation
## Text
(a) Participation in interagency activities The National Oceanic and Atmospheric Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the agency mission, including authorized activities.
(b) Historic foundation In order to carry out the participation described in subsection (a), the Administrator of the National Oceanic and Atmospheric Administration shall build on the historic role of the National Oceanic and Atmospheric Administration in stimulating excellence in the advancement of ocean and atmospheric science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, technology, engineering, and mathematics.
(Pub. L. 11069, title IV, § 4003, Aug. 9, 2007, 121 Stat. 600.)
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# 33 U.S.C. § 893c - Workforce study
## Text
(a) In general The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with the Secretary of Education, shall request the National Academy of Sciences to conduct a study on the scientific workforce in the areas of oceanic and atmospheric research and development. The study shall investigate—
(1) whether there is a shortage in the number of individuals with advanced degrees in oceanic and atmospheric sciences who have the ability to conduct high quality scientific research in physical and chemical oceanography, meteorology, and atmospheric modeling, and related fields, for government, nonprofit, and private sector entities;
(2) whether there is a shortage in the number of individuals with technical or trade-based degrees, skillsets, or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations;
(3) what Federal programs are available to help facilitate the education of students hoping to pursue these degrees, skillsets, or credentials;
(4) barriers to transitioning highly qualified oceanic and atmospheric scientists or highly qualified technical professionals and tradespeople into Federal civil service scientist career tracks;
(5) what institutions of higher education, the private sector, and the Congress could do to increase the number of individuals with such post baccalaureate degrees, skillsets, or credentials;
(6) the impact of an aging Federal workforce on the ability of Federal agencies to conduct high quality scientific research, observations, and monitoring;
(7) what actions the Federal government can take to assist the transition of highly qualified scientists, technical professionals, and tradespeople into Federal career positions;
(8) workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and
(9) actions the Federal Government can take to shorten the hiring backlog for such workforce.
(b) Coordination The Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of Education shall consult with the heads of other Federal agencies and departments with oceanic and atmospheric expertise or authority in preparing the specifications for the study.
(c) Report No later than 18 months after December 23, 2022, the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of Education shall transmit a joint report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, detailing the findings and recommendations of the study and setting forth a prioritized plan to implement the recommendations.
(d) Program and plan The Under Secretary of Commerce for Oceans and Atmosphere shall evaluate the National Academy of Sciences study and develop a workforce program and plan to institutionalize the Administrations Federal science career pathways and address aging workforce issues. The program and plan shall be developed in consultation with the Administrations cooperative institutes and other academic partners.
(Pub. L. 111358, title III, § 303, Jan. 4, 2011, 124 Stat. 3998; Pub. L. 117263, div. J, title CI, § 10103, Dec. 23, 2022, 136 Stat. 3957.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a). Pub. L. 117263, § 10103(a)(1), substituted “Under Secretary of Commerce for Oceans and Atmosphere” for “Secretary of Commerce” in introductory provisions. Subsec. (a)(2). Pub. L. 117263, § 10103(a)(8), added par. (2). Former par. (2) redesignated (3). Pub. L. 117263, § 10103(a)(2), inserted “, skillsets, or credentials” after “degrees”. Subsec. (a)(3). Pub. L. 117263, § 10103(a)(7), redesignated par. (2) as (3). Former par. (3) redesignated (4). Pub. L. 117263, § 10103(a)(3), inserted “or highly qualified technical professionals and tradespeople” after “atmospheric scientists”. Subsec. (a)(4). Pub. L. 117263, § 10103(a)(7), redesignated par. (3) as (4). Former par. (4) redesignated (5). Pub. L. 117263, § 10103(a)(4), inserted “, skillsets, or credentials” after “degrees”. Subsec. (a)(5). Pub. L. 117263, § 10103(a)(7), redesignated par. (4) as (5). Former par. (5) redesignated (6). Pub. L. 117263, § 10103(a)(5), struck out “scientist” after “aging Federal” and substituted “, observations, and monitoring;” for “; and”. Subsec. (a)(6). Pub. L. 117263, § 10103(a)(7), redesignated par. (5) as (6). Former par. (6) redesignated (7). Pub. L. 117263, § 10103(a)(6), substituted “, technical professionals, and tradespeople into Federal career positions;” for “into Federal career scientist positions and ensure that the experiences of retiring Federal scientists are adequately documented and transferred prior to retirement from Federal service.” Subsec. (a)(7). Pub. L. 117263, § 10103(a)(7), redesignated par. (6) as (7). Subsec. (a)(8), (9). Pub. L. 117263, § 10103(a)(9), added pars. (8) and (9). Subsec. (b). Pub. L. 117263, § 10103(b), substituted “Under Secretary of Commerce for Oceans and Atmosphere” for “Secretary of Commerce”. Subsec. (c). Pub. L. 117263, § 10103(c), substituted “December 23, 2022” for “January 4, 2011”, “Under Secretary of Commerce for Oceans and Atmosphere” for “Secretary of Commerce”, and “to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives” for “to each committee of Congress with jurisdiction over the programs described in section 893a(b) of this title, as amended by section 302 of this Act”. Subsec. (d). Pub. L. 117263, § 10103(d), substituted “Under Secretary of Commerce for Oceans and Atmosphere” for “Administrator of the National Oceanic and Atmospheric Administration” and “academic partners.” for “academic partners to identify and implement programs and mechanisms to ensure that— “(1) sufficient highly qualified scientists are able to transition into Federal career scientist positions in the Administrations laboratories and programs; and “(2) the technical and management experiences of senior employees are documented and transferred before leaving Federal service.”
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# 33 U.S.C. § 894 - Actions to address sexual harassment at National Oceanic and Atmospheric Administration
## Text
(a) Required policy Not later than 1 year after December 23, 2016, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a policy on the prevention of and response to sexual harassment involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
(b) Matters to be specified in policy The policy developed under subsection (a) shall include—
(1) establishment of a program to promote awareness of the incidence of sexual harassment;
(2) clear procedures an individual should follow in the case of an occurrence of sexual harassment, including—
(A) a specification of the person or persons to whom an alleged occurrence of sexual harassment should be reported by an individual and options for confidential reporting, including—
(i) options and contact information for after-hours contact; and
(ii) a procedure for obtaining assistance and reporting sexual harassment while working in a remote scientific field camp, at sea, or in another field status; and
(B) a specification of any other person whom the victim should contact;
(3) establishment of a mechanism by which—
(A) questions regarding sexual harassment can be confidentially asked and confidentially answered; and
(B) incidents of sexual harassment can be reported on a restricted or unrestricted basis; and
(4) a prohibition on retaliation and consequences for retaliatory actions.
(c) Consultation and assistance In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.
(d) Availability of policy The Secretary shall ensure that the policy developed under subsection (a) is available to—
(1) all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and
(2) the public.
(e) Geographic distribution of equal employment opportunity personnel The Secretary shall designate out of existing staff at least 1 employee of the Administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment at each marine and aviation center of the Administration.
(f) Quarterly reports (1) In general Not less frequently than 4 times each year, the Director of the Civil Rights Office of the Administration shall submit to the Under Secretary a report on sexual harassment in the Administration.
(2) Contents Each report submitted under paragraph (1) shall include the following:
(A) The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered by the policy developed under subsection (a).
(B) The number of open actionable sexual harassment cases and how long the cases have been open.
(C) Such trends or region-specific issues as the Director may have discovered with respect to sexual harassment in the Administration.
(D) Such recommendations as the Director may have with respect to sexual harassment in the Administration.
(Pub. L. 114328, div. C, title XXXV, § 3541, Dec. 23, 2016, 130 Stat. 2800; Pub. L. 116259, title V, § 504(a)(1), Dec. 23, 2020, 134 Stat. 1180.)
## Notes
Editorial Notes
Amendments2020—Subsec. (b)(3)(B). Pub. L. 116259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”.
@@ -0,0 +1,109 @@
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# 33 U.S.C. § 894a - Actions to address sexual assault at National Oceanic and Atmospheric Administration
## Text
(a) Comprehensive policy on prevention of and response to sexual assaults Not later than 1 year after December 23, 2016, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a comprehensive policy on the prevention of and response to sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
(b) Elements of comprehensive policy The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) A list of support resources an individual may use in the occurrence of sexual assault, including—
(A) options and contact information for after-hours contact; and
(B) a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status.
(4) Easy and ready availability of information described in paragraph (3).
(5) Establishing a mechanism by which—
(A) questions regarding sexual assault can be confidentially asked and confidentially answered; and
(B) incidents of sexual assault can be reported on a restricted or unrestricted basis.
(6) Protocols for the investigation of complaints by command and law enforcement personnel.
(7) Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault.
(8) Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault.
(9) Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c).
(10) Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations.
(c) Victim advocacy (1) In general The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
(2) Victim advocates For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who—
(A) is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and
(B) serves as a victim advocate voluntarily and in addition to the employees other duties as an employee of the Administration.
(3) Primary duties The primary duties of a victim advocate established under paragraph (1) shall include the following:
(A) Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims.
(B) Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault.
(C) Helping to identify resources to ensure the safety of victims of sexual assault.
(4) Location The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed—
(A) in each region in which the Administration conducts operations; and
(B) in each marine and aviation center of the Administration.
(5) Hotline (A) In general In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate.
(B) 24-hour access The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times.
(C) Partnership The Secretary shall, where possible, use established hotlines for purposes of this paragraph.
(6) Formal relationships with other entities The Secretary may enter into formal relationships with other entities to make available additional victim advocates.
(d) Availability of policy The Secretary shall ensure that the policy developed under subsection (a) is available to—
(1) all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and
(2) the public.
(e) Consultation and assistance In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.
(Pub. L. 114328, div. C, title XXXV, § 3542, Dec. 23, 2016, 130 Stat. 2801; Pub. L. 116259, title V, § 504(a)(2), Dec. 23, 2020, 134 Stat. 1180.)
## Notes
Editorial Notes
Amendments2020—Subsec. (b)(5)(B). Pub. L. 116259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”.
@@ -0,0 +1,35 @@
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# 33 U.S.C. § 894b - Rights of the victim of a sexual assault
## Text
A victim of a sexual assault covered by the comprehensive policy developed under section 894a(a) of this title has the right to be reasonably protected from the accused.
(Pub. L. 114328, div. C, title XXXV, § 3543, Dec. 23, 2016, 130 Stat. 2803.)
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# 33 U.S.C. § 894c - Change of station
## Text
(a) Change of station, unit transfer, or change of work location of victims (1) Timely consideration and action upon request The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall—
(A) in the case of a member of the commissioned officer corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim; and
(B) in the case of an employee of the Administration who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault, accommodate a request for a change of work location of the victim.
(2) Procedures (A) Period for approval and disapproval The Secretary, acting through the Under Secretary, shall ensure that an application or request submitted under paragraph (1) for a change of station, unit transfer, or change of work location is approved or denied within 72 hours of the submission of the application or request.
(B) Review If an application or request submitted under paragraph (1) by a victim of a sexual assault for a change of station, unit transfer, or change of work location of the victim is denied—
(i) the victim may request the Secretary to review the denial; and
(ii) the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving such request, affirm or overturn the denial.
(b) Change of station, unit transfer, and change of work location of alleged perpetrators (1) In general The Secretary, acting through the Under Secretary, shall develop a policy for the protection of victims of sexual assault described in subsection (a)(1) by providing the alleged perpetrator of the sexual assault with a change of station, unit transfer, or change of work location, as the case may be, if the alleged perpetrator is a member of the commissioned officer corps of the Administration or an employee of the Administration.
(2) Policy requirements The policy required by paragraph (1) shall include the following:
(A) A means to control access to the victim.
(B) Due process for the victim and the alleged perpetrator.
(c) Regulations (1) In general The Secretary shall promulgate regulations to carry out this section.
(2) Consistency When practicable, the Secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the Secretary of Defense.
(Pub. L. 114328, div. C, title XXXV, § 3544, Dec. 23, 2016, 130 Stat. 2803.)
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# 33 U.S.C. § 894d1 - Investigation requirement
## Text
(a) Requirement to investigate (1) In general The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall ensure that each allegation of sexual harassment reported under section 894 of this title and each allegation of sexual assault reported under section 894a of this title is investigated thoroughly and promptly.
(2) Sense of Congress on commencement of investigation It is the sense of Congress that the Secretary should ensure that an investigation of alleged sexual harassment reported under section 894 of this title or sexual assault reported under section 894a of this title commences not later than 48 hours after the time at which the allegation was reported.
(b) Notification of delay In any case in which the time between the reporting of alleged sexual harassment or sexual assault under section 894 or 894a of this title, respectively, and commencement of an investigation of the allegation exceeds 48 hours, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives of the delay.
(Pub. L. 114328, div. C, title XXXV, § 3546, as added Pub. L. 116259, title V, § 504(b)(2), Dec. 23, 2020, 134 Stat. 1180.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3546 of Pub. L. 114328 was renumbered section 3548 and is classified to section 894e of this title.
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# 33 U.S.C. § 894d2 - Criminal referral
## Text
If the Secretary of Commerce finds, pursuant to an investigation under section 894d1 of this title, evidence that a crime may have been committed, the Secretary shall refer the matter to the appropriate law enforcement authorities, including the appropriate United States Attorney.
(Pub. L. 114328, div. C, title XXXV, § 3547, as added Pub. L. 116259, title V, § 504(b)(2), Dec. 23, 2020, 134 Stat. 1180.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3547 of Pub. L. 114328 was renumbered section 3549 and is classified to section 894f of this title.
@@ -0,0 +1,35 @@
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# 33 U.S.C. § 894d - Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract
## Text
The Under Secretary for Oceans and Atmosphere shall ensure that each contract into which the Under Secretary enters for the use of a vessel by the National Oceanic and Atmospheric Administration that covers the crew of the vessel, if any, shall include as a condition of the contract a provision that subjects such crew to the policy developed under section 894(a) of this title and the comprehensive policy developed under section 894a(a) of this title.
(Pub. L. 114328, div. C, title XXXV, § 3545, Dec. 23, 2016, 130 Stat. 2804.)
@@ -0,0 +1,47 @@
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# 33 U.S.C. § 894e - Annual report on sexual assaults in the National Oceanic and Atmospheric Administration
## Text
(a) In general Not later than January 15 of each year, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
(b) Contents Each report submitted under subsection (a) shall include, with respect to the previous calendar year, the following:
(1) The number of alleged sexual assaults involving employees, members, and individuals described in subsection (a).
(2) A synopsis of each case and the disciplinary action taken, if any, in each case.
(3) The policies, procedures, and processes implemented by the Secretary, and any updates or revisions to such policies, procedures, and processes.
(4) A summary of the reports received by the Under Secretary for Oceans and Atmosphere under section 894(f) of this title.
(c) Privacy protection In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the contents of the report.
(Pub. L. 114328, div. C, title XXXV, § 3548, formerly § 3546, Dec. 23, 2016, 130 Stat. 2804; renumbered § 3548, Pub. L. 116259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.)
@@ -0,0 +1,35 @@
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# 33 U.S.C. § 894f - Sexual assault defined
## Text
In this subchapter, the term “sexual assault” shall have the meaning given such term in section 12291(a) of title 34.
(Pub. L. 114328, div. C, title XXXV, § 3549, formerly § 3547, Dec. 23, 2016, 130 Stat. 2805; renumbered § 3549, Pub. L. 116259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.)