TITLE 33 - US CODE - CHAPTER 17 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

TITLE 33 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS

33 USC 851 - Omitted

33 USC 851a - Repealed.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

Section, act Jan. 19, 1942, ch. 6, 1, 56 Stat. 6, related to distribution of the total number of commissioned officers in rank.

852 to 852b. Omitted

33 USC 853 - Power to settle claims

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.

853a to 853l. Repealed. Pub. L. 107372, title II, 271(1), Dec. 19, 2002, 116 Stat. 3094

Section 853a, acts June 3, 1948, ch. 390, 2, 62 Stat. 297; Pub. L. 87–233, § 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. 105–384, 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. 87–233, § 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. 98–498, 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. 87–649, § 9(b)(1), Sept. 7, 1962, 76 Stat. 495; Pub. L. 98–498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307; Pub. L. 102–54, § 13(m)(1), June 13, 1991, 105 Stat. 277; Pub. L. 105–85, 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 853j–1, acts June 3, 1948, ch. 390, 12, as added Pub. L. 87–233, § 1(d), Sept. 14, 1961, 75 Stat. 506; amended Pub. L. 98–498, 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. 87–233, § 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. 87–233, § 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.

853m, 853n. Repealed. Oct. 12, 1949, ch. 681, title V, 531(b)(41), 63 Stat. 840

Section 853m, act June 3, 1948, ch. 390, 14, 62 Stat. 299, related to retirement for disability. See section 1201 et seq. of Title 10, Armed Forces. Section 853n, act June 3, 1948, ch. 390, 15, 62 Stat. 299, related to computation of service for retirement purposes. See sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10.

33 USC 853o - Repealed. Pub. L. 107372, title II, 271(1), Dec. 19, 2002, 116 Stat. 3094

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. 85–422, § 11(c), May 20, 1958, 72 Stat. 132; Pub. L. 87–649, § 9(b)(2), Sept. 7, 1962, 76 Stat. 495; Pub. L. 96–342, title VIII, § 813(g), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 98–94, title IX, §§ 922(c), 923 (e), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 206, July 1, 1986, 100 Stat. 701, related to computation of retirement pay. See section 3045 of this title.

33 USC 853o1 - Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay

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.

853p to 853r. Repealed. Pub. L. 107372, title II, 271(1), Dec. 19, 2002, 116 Stat. 3094

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.

33 USC 853s - Repealed. Pub. L. 88431, 1(c)(2), Aug. 14, 1964, 78 Stat. 440

Section, act June 3, 1948, ch. 390, 20, as added Sept. 14, 1961, Pub. L. 87–233, § 1(g), 75 Stat. 506, related to transportation of motor vehicles for commissioned officers of Survey ordered to make a permanent change of station.

853t to 854. Repealed. Pub. L. 107372, title II, 271(1), (4), Dec. 19, 2002, 116 Stat. 3094

Section 853t, act June 3, 1948, ch. 390, 23, as added Pub. L. 87–233, § 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. 98–498, title III, § 320(c)(1), Oct. 19, 1984, 98 Stat. 2308; amended Pub. L. 99–145, title V, § 514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105–384, 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. 106–65, 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.

33 USC 854a - Service credit as deck officer or junior engineer for promotion purposes

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.

33 USC 854a1 - Temporary appointment or advancement of commissioned officers in time of war or national emergency

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 8581 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 8581 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 8581 of this title.
[1] See References in Text note below.

33 USC 854a2 - Pay and allowances; date of acceptance of promotion

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.

854b, 854c. 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

Section 854b, act Jan. 19, 1942, ch. 6, 3, 56 Stat. 7, related to composition, powers and duties of a Personnel Board. Section 854c, act Jan. 19, 1942, ch. 6, 4, 56 Stat. 7, related to submission of reports of the Personnel Boards to the President.

33 USC 855 - Repealed. Pub. L. 107372, title II, 271(4), Dec. 19, 2002, 116 Stat. 3094

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. 89–657, § 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.

33 USC 855a - Repealed. Pub. L. 85857, 14(79), Sept. 2, 1958, 72 Stat. 1272

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.

856 to 8575. Repealed. Pub. L. 107372, title II, 271(3), (4), Dec. 19, 2002, 116 Stat. 3094

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. 102–54, § 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 857–1, Pub. L. 91–621, § 1, Dec. 31, 1970, 84 Stat. 1863, related to applicable definitions. See section 3002 of this title. Section 857–2, Pub. L. 91–621, § 2, Dec. 31, 1970, 84 Stat. 1863, related to retirement grade and pay. See section 3046 of this title. Section 857–3, Pub. L. 91–621, § 3, Dec. 31, 1970, 84 Stat. 1863; Pub. L. 98–498, title III, § 310(a), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 102–54, § 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 857–4, Pub. L. 91–621, § 4, Dec. 31, 1970, 84 Stat. 1863, related to commissary privileges. See section 3074 of this title. Section 857–5, Pub. L. 91–621, § 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.

8576 to 85712. Repealed. Pub. L. 9563, 7(a), July 5, 1977, 91 Stat. 267

Section 857–6, Pub. L. 92–125, § 1, Aug. 16, 1971, 85 Stat. 344, established National Advisory Committee on Oceans and Atmosphere. See section 857–13 of this title. Section 857–7, Pub. L. 92–125, § 2, Aug. 16, 1971, 85 Stat. 344, provided for membership, terms of office, duties, and Chairman and Vice Chairman of Committee. See section 857–14 of this title. Section 857–8, Pub. L. 92–125, § 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 857–17 (a) of this title. Section 857–9, Pub. L. 92–125, § 4, Aug. 16, 1971, 85 Stat. 344; Pub. L. 94–69, § 2, Aug. 5, 1975, 89 Stat. 384, provided for an annual report by Committee. See section 857–15 of this title. Section 857–10, Pub. L. 92–125, § 5, Aug. 16, 1971, 85 Stat. 344, provided for compensation and travel expenses of Committee members. See section 857–16 of this title. Section 857–11, Pub. L. 92–125, § 6, Aug. 16, 1971, 85 Stat. 345, provided for assistance to Committee by Federal departments and agencies. See section 857–17 of this title. Section 857–12, Pub. L. 92–125, § 7, Aug. 16, 1971, 85 Stat. 345; Pub. L. 92–567, Oct. 25, 1972, 86 Stat. 1181; Pub. L. 94–69, § 1, Aug. 5, 1975, 89 Stat. 384, authorized appropriations for operation of the Committee. See section 857–18 of this title.

33 USC 85713 - National Advisory Committee on Oceans and Atmosphere

There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in sections 857–13 to 857–18 of this title referred to as the Committee).

33 USC 85714 - Membership

(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.

33 USC 85715 - Reports

(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) of this section shall be submitted on or before June 30 of each year, beginning with June 30, 1978.

33 USC 85716 - Compensation and travel expenses

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)1 of title 5.
[1] See References in Text note below.

33 USC 85717 - Interagency cooperation and assistance

(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 857–13 to 857–18 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 857–13 to 857–18 of this title.

33 USC 85718 - Authorization of appropriations

There are authorized to be appropriated for purposes of carrying out sections 857–13 to 857–18 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.

33 USC 85719 - Biennial report

Beginning in September, 2001, the President shall transmit to the Congress biennially a report that includes a detailed listing of all existing Federal programs related to ocean and coastal activities, including a description of each program, the current funding for the program, linkages to other Federal programs, and a projection of the funding level for the program for each of the next 5 fiscal years beginning after the report is submitted.

33 USC 85720 - Coordination

Not later than February 15 of each year, the Under Secretary of Commerce for Oceans and Atmosphere and the Director of the National Science Foundation shall jointly submit to the Committees on Resources and Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on how the oceans and coastal research activities of the National Oceanic and Atmospheric Administration, including the Coastal Ocean Program and the National Sea Grant College Program, and of the National Science Foundation will be coordinated during the fiscal year following the fiscal year in which the report is submitted. The report shall describe in detail any overlapping ocean and coastal research interests between the agencies and specify how such research interests will be pursued by the programs in a complementary manner.

857a, 858. Repealed. Pub. L. 107372, title II, 271(2), (4), Dec. 19, 2002, 116 Stat. 3094

Section 857a, acts Aug. 10, 1956, ch. 1041, 3, 70A Stat. 619; Pub. L. 85–861, § 3, Sept. 2, 1958, 72 Stat. 1546; Pub. L. 86–160, § 2, Aug. 14, 1959, 73 Stat. 358; Pub. L. 87–233, § 4, Sept. 14, 1961, 75 Stat. 507; Pub. L. 87–649, § 9(a), Sept. 7, 1962, 76 Stat. 495; Pub. L. 88–132, § 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88–431, § 1(c)(1), Aug. 14, 1964, 78 Stat. 439; Pub. L. 89–538, § 3(a), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92–425, § 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96–215, § 1, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96–357, § 4, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96–513, title V, § 507(f)(1), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 98–94, title X, § 1007(d), Sept. 24, 1983, 97 Stat. 662; Pub. L. 104–106, div. A, title V, 566(a), (b), Feb. 10, 1996, 110 Stat. 327; Pub. L. 105–85, div. A, title VI, 653(b), title X, 1073(f), Nov. 18, 1997, 111 Stat. 1804, 1906; Pub. L. 107–107, div. A, title VI, 653(b), Dec. 28, 2001, 115 Stat. 1153, related to applicability of certain provisions of Title 10, Armed Forces. See section 3071 of this title. Section 858, acts May 22, 1917, ch. 20, 16, 40 Stat. 88; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 89–657, § 1(2), Oct. 14, 1966, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to rules and regulations when cooperating with military departments. See section 3063 of this title.

33 USC 859 - Repealed. June 16, 1942, ch. 413, 19, 56 Stat. 369, eff. June 1, 1942

Section, act June 10, 1922, ch. 212, 42 Stat. 625–633, related to pay and allowances of commissioned officers.

33 USC 860 - Repealed. Pub. L. 87649, 14b, Sept. 7, 1962, 76 Stat. 499

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.

33 USC 861 - Omitted

33 USC 861a - Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641

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.

861b, 861c. Omitted

33 USC 862 - Repealed. Pub. L. 87649, 14b, Sept. 7, 1962, 76 Stat. 498

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. 87–304, § 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.

33 USC 862a - Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641

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.

33 USC 863 - Repealed. June 21, 1955, ch. 172, 5(4), 69 Stat. 170

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.

33 USC 864 - Repealed. Pub. L. 107372, title II, 271(6), Dec. 19, 2002, 116 Stat. 3094

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.

33 USC 864a - Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641

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.

864b, 864c. 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

Section 864b, act Jan. 19, 1942, ch. 6, 5, 56 Stat. 7, related to retirement of officers. See, sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10, Armed Forces. Section 864c, act Jan. 19, 1942, ch. 6, 7, 56 Stat. 8, related to pay of officers retired upon recommendation of Personnel Board.

33 USC 864d - Repealed. Oct. 12, 1949, ch. 681, title V, 531(b)(31), 63 Stat. 839, eff. Oct. 1, 1949

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. 87–233, § 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.

33 USC 864e - Repealed. Pub. L. 86465, 1, May 13, 1960, 74 Stat. 130

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.

33 USC 865 - Omitted

33 USC 866 - Repealed. Aug. 6, 1947, ch. 504, 10(1), 61 Stat. 788

Section, act Jan. 31, 1925, ch. 121, 43 Stat. 802, related to seismological investigations. See section 883a of this title.

867, 868. Repealed. Oct. 31, 1951, ch. 654, 1(39), (60), 65 Stat. 702, 703

Section 867, act June 5, 1920, ch. 235, 1, 41 Stat. 930, related to transfer of instruments to institutions. Section 868, act July 1, 1918, ch. 113, 1, 40 Stat. 688, related to purchase of supplies or procurement of services in the field. See section 5 of Title 41, Public Contracts.

33 USC 868a - Omitted

33 USC 869 - Repealed. July 1, 1944, ch. 373, title XIII, 1313 58 Stat. 714

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.

33 USC 870 - Repealed. Aug. 1, 1956, ch. 837, title V, 502(7), 70 Stat. 886

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.

33 USC 871 - Repealed. Dec. 28, 1945, ch. 597, 4, 59 Stat. 662

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.

33 USC 872 - Omitted

33 USC 873 - Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations

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.

33 USC 874 - Repealed. Pub. L. 107372, title II, 271(5), Dec. 19, 2002, 116 Stat. 3094

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.

33 USC 875 - Powers of officers as notaries

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.

33 USC 876 - Fees for notarial acts; prima facie evidence of authority

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.

33 USC 877 - Appropriations; advances from

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.

33 USC 878 - Appropriations; purchases from

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.

33 USC 878a - Contract for development of a major program; costs; Major Program Annual Report for satellite development program

(a) 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 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, other than the National Polar-orbiting Operational Environmental Satellite System (NPOESS);
(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;
(8) the term baseline means the program as set following contract award and critical design review of the space and ground systems.
(b) 
(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) 
(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) 
(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) 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.[1]
(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. NOAA shall complete an analysis initiated under paragraph (2) not later than 6 months after the Under Secretary makes a determination under this subsection. The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion.
(f) For the purposes of determining whether cost of the Geostationary Operational Environmental Satellite Program exceeds 20 percent more than the baseline under this section, the estimate of the total life-cycle cost for GOESR shall be the estimate provided with the NOAA Fiscal Year 2008 Presidential Budget justification (page 513).
[1] So in original. Probably should be “NOAA; and”.

TITLE 33 - US CODE - SUBCHAPTER II - SURVEYS

881 to 883. Repealed. Aug. 6, 1947, ch. 504, 10(2)(5), 61 Stat. 788

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.

33 USC 883a - Surveys and other activities

To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities:
(1) Hydrographic and topographic surveys;
(2) Tide and current observations;
(3) Geodetic-control surveys;
(4) Field surveys for aeronautical charts;
(5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude.

33 USC 883b - Dissemination of data; further activities

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.

33 USC 883c - Geomagnetic data; collection, correlation, and dissemination

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.

33 USC 883d - Improvement of methods, instruments, and equipments; investigations and research

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).

33 USC 883e - Agreements for surveys and investigations; contribution of costs incurred by National Oceanic and Atmospheric Administration

(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.

33 USC 883f - Contracts with qualified organizations

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.

33 USC 883g - Repealed. Pub. L. 88611, 4(a)(2), Oct. 2, 1964, 78 Stat. 991

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.

33 USC 883h - Employment of public vessels

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.

33 USC 883i - Authorization of appropriations

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.

33 USC 883j - Ocean satellite data

The Administrator of the National Oceanic and Atmospheric Administration (hereinafter referred to in this subtitle[1] 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.
[1] See References in Text note below.

33 USC 883k - Acquisition of land for facilities

For fiscal year 1990 and hereafter funds appropriated under this heading shall be available for acquisition of land for facilities.

33 USC 883l - Contracts for surveying and mapping services

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.[1]
[1] See References in Text note below.

33 USC 884 - Power to use books, maps, etc., and to employ persons

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.

33 USC 885 - Repealed. Aug. 6, 1947, ch. 504, 10(6), 61 Stat. 788

Section, R.S. 4686, related to use of public vessels on coast surveys. See section 883h of this title.

886, 887. Repealed. June 21, 1955, ch. 172, 5(1), (2), 69 Stat. 170

Section 886, R.S. 4687, related to employment of officers of Army and Navy in the work of surveying the coast of the United States. Section 887, R.S. 4688; acts Aug. 30, 1890, ch. 837, 1, 26 Stat. 382; June 5, 1920, ch. 235, 1, 41 Stat. 929, provided for allowance for subsistence to officers of Army and Navy while employed on coast survey service.

33 USC 888 - Omitted

889, 890. Repealed. June 21, 1955, ch. 172, 5(5), 69 Stat. 170

Section 889, acts Mar. 4, 1909, ch. 313, 1, 35 Stat. 1064; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736, authorized cooperation with North Carolina State Fish Commission in survey of waters of State. Section 890, acts Mar. 4, 1909, ch. 313, 2, 35 Stat. 1065; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736, provided for marking triangulation points of North Carolina survey.

TITLE 33 - US CODE - SUBCHAPTER III - NOAA FLEET MODERNIZATION

33 USC 891 - Definitions

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.

33 USC 891a - Fleet replacement and modernization program

The Secretary is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet.

33 USC 891b - Fleet replacement and modernization Plan

(a) In general 
To carry out the program authorized in section 891a of this title, the 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.
(b) Timing 
The Plan required in subsection (a) of this section shall be submitted to Congress within 30 days of October 29, 1992, and updated on an annual basis.
(c) Plan elements 
The Plan required in subsection (a) of this section shall include the following
(1) the number of vessels proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements;
(2) the number of vessels proposed to be constructed, leased, or chartered;
(3) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS;
(4) the number of vessels that will be made available to NOAA by the Secretary of the Navy, or any other federal[1] official, and the terms and conditions for their availability;
(5) 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; and
(6) the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet.
(d) Contracting limitation 
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) of this section.
[1] So in original. Probably should be capitalized.

33 USC 891c - Design of NOAA vessels

(a) Design requirement 
Except for the vessel designs identified under subsection (b) of this section, the Secretary, working through the Office of the NOAA Corps Operations and the Systems Procurement Office, 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 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 as part of the annual update of the Plan required in section 891b of this title, any subsequent existing vessel design or design proposals that meet the requirements of the Plan.

33 USC 891d - Contract authority

(a) Multiyear contracts 

(1) In general 
Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and section 11 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.

33 USC 891e - Restriction with respect to certain shipyard subsidies

(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.

33 USC 891e1 - Shipyards located outside of the United States

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.

33 USC 891f - Use of vessels

(a) Vessel agreements 
In implementing the NOAA fleet replacement and modernization program, the Secretary 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.
(b) Report to Congress 
Within one year after October 29, 1992, the Comptroller General of the United States shall provide a report to Congress, in consultation with the Secretary, 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.

33 USC 891g - Interoperability

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.

33 USC 891h - Authorization of appropriations

(a) In general 
There are authorized to be appropriated to the Secretary 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.
(b) Limitation on fleet modernization activities 
All National Oceanic and Atmospheric Administration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter.

TITLE 33 - US CODE - SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

33 USC 892 - Definitions

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 acquired through hydrographic or bathymetric surveying, photogrammetry, geodetic, geospatial, or geomagnetic measurements, tide and current observations, or other methods, that is used in providing hydrographic services.
(4) Hydrographic services 
The term hydrographic services means
(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, geodetic, geospatial, geomagnetic, and tide and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;
(B) the development of nautical information systems; and
(C) related activities.
(5) Act of 1947 
The term Act of 1947 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.).

33 USC 892a - Functions of the Administrator

(a) Responsibilities 
To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947, the Administrator shall
(1) acquire and disseminate hydrographic data;
(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 Act of 1947, and 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) may enter into contracts and other agreements with qualified entities, consistent with subsection (a)(8) of this section, for the acquisition of hydrographic data and the provision of hydrographic services;
(3) shall award contracts for the acquisition of hydrographic data in accordance with title IX of the Federal Property and Administrative Services Act of 1949;[1] and
(4) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency.
(c) Conservation and management of coastal and ocean resources 
Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hydrographic data and services to support the conservation and management of coastal and ocean resources.
[1] See References in Text note below.

33 USC 892b - Quality assurance program

(a) Definition 
For purposes of this section, the term hydrographic product means any publicly or commercially available product produced 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) of this section; 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.

33 USC 892c - Hydrographic Services Review Panel

(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 Director of the Joint Hydrographic Institute and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and coastal and fishery management.
(B) An individual may not be appointed as a voting member of the panel if the individual is a full-time officer or employee of the United States.
(C) Any voting member of the panel who is an applicant for, or beneficiary (as determined by the Secretary) of, any assistance under this 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) of this section.

33 USC 892d - Authorization of appropriations

There are authorized to be appropriated to the Administrator the following:
(1) To carry out nautical mapping and charting functions under sections 892a and 892b of this title, except for conducting hydrographic surveys
(A) $50,000,000 for fiscal year 2003;
(B) $55,000,000 for fiscal year 2004;
(C) $60,000,000 for fiscal year 2005;
(D) $65,000,000 for fiscal year 2006; and
(E) $70,000,000 for fiscal year 2007.
(2) To contract for hydrographic surveys under section 892a (b)(1) of this title, including the leasing or time chartering of vessels
(A) $40,000,000 for fiscal year 2003;
(B) $42,500,000 for fiscal year 2004;
(C) $45,000,000 for fiscal year 2005;
(D) $47,500,000 for fiscal year 2006; and
(E) $50,000,000 for fiscal year 2007.
(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration
(A) $14,000,000 for fiscal year 2003;
(B) $18,000,000 for fiscal year 2004; and
(C) $21,000,000 for fiscal years 2005 through 2007.
(4) To carry out geodetic functions under this subchapter
(A) $27,500,000 for fiscal year 2003;
(B) $30,000,000 for fiscal year 2004;
(C) $32,500,000 for fiscal year 2005;
(D) $35,000,000 for fiscal year 2006; and
(E) $35,500,000 for fiscal year 2007.
(5) To carry out tide and current measurement functions under this subchapter
(A) $25,000,000 for fiscal year 2003;
(B) $27,500,000 for fiscal year 2004;
(C) $30,000,000 for fiscal year 2005;
(D) $32,500,000 for fiscal year 2006; and
(E) $35,000,000 for fiscal year 2007.
(6) To carry out activities authorized under this subchapter that enhance homeland security, including electronic navigation charts, hydrographic surveys, real time tide and current measurements, and geodetic functions, in addition to other amounts authorized by this section, $20,000,000.

TITLE 33 - US CODE - SUBCHAPTER V - RESEARCH, DEVELOPMENT, EDUCATION, AND INNOVATION

33 USC 893 - Ocean and atmospheric research and development program

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.

33 USC 893a - NOAA ocean and atmospheric science education programs

(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.
(b) 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 develop 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.
(c) 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.

33 USC 893b - NOAAs contribution to innovation

(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.