CHAPTER 17 —NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—SURVEYS
SUBCHAPTER III—NOAA FLEET MODERNIZATION
SUBCHAPTER IV—NOAA HYDROGRAPHIC SERVICES
SUBCHAPTER V—RESEARCH, DEVELOPMENT, EDUCATION, AND INNOVATION
SUBCHAPTER VI—SEXUAL HARASSMENT AND ASSAULT PREVENTION
SUBCHAPTER I—GENERAL PROVISIONS
Statutory Notes and Related Subsidiaries
Acquisition of Aircraft for Agency Air, Atmosphere, and Weather Reconnaissance and Research Mission
"(a)
"(1)
"(A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and
"(B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes.
"(2)
"(b)
"(1) the first newly acquired aircraft to be fully operational before the retirement of the last WP–3D aircraft operated by the National Oceanic and Atmospheric Administration; and
"(2) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A).
"(c)
"(d)
Co-Location Agreements
"(a)
"(b)
"(1) the government of any State, territory, possession, or locality of the United States;
"(2) any Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
"(3) any subdivision of—
"(A) a government described in paragraph (1); or
"(B) an organization described in paragraph (2); or
"(4) any organization that is—
"(A) organized under the laws of the United States or any jurisdiction within the United States; and
"(B) described in section 501(c) of the Internal Revenue Code of 1986 [
"(c)
"(d)
"(1) to affect the authority of the Administrator of General Services; or
"(2) to grant the Administrator of the National Oceanic and Atmospheric Administration any additional authority to enter into a lease without approval of the General Services Administration."
§851. Omitted
Editorial Notes
Codification
Section,
Similar provisions were contained in the following prior appropriation acts:
June 20, 1956, ch. 415, title I,
June 30, 1955, ch. 253, title I,
July 2, 1954, ch. 456, title III,
Aug. 5, 1953, ch. 328, title III,
July 10, 1952, ch. 651, title III,
Oct. 22, 1951, ch. 533, title III,
Sept. 6, 1950, ch. 896, Ch. III, title III,
July 20, 1949, ch. 354, title III,
June 3, 1948, ch. 400, title III,
July 9, 1947, ch. 211, title III,
July 5, 1946, ch. 541, title III,
May 21, 1945, ch. 129, title III,
June 28, 1944, ch. 294, title III,
July 1, 1943, ch. 182, title III,
July 2, 1942, ch. 472, title III,
June 28, 1941, ch. 258, title II,
May 14, 1940, ch. 189, title II,
June 29, 1939, ch. 248, title III,
Apr. 27, 1938, ch. 180, title III,
June 16, 1937, ch. 359, title III,
May 15, 1936, ch. 405,
Mar. 22, 1935, ch. 39,
Feb. 27, 1925, ch. 364, title III,
Statutory Notes and Related Subsidiaries
Short Title of 2008 Amendment
Short Title of 2002 Amendment
Short Title of 1998 Amendment
Short Title of 1992 Amendment
Short 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 offices of Director and Deputy Director of Coast and Geodetic Survey abolished, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
The functions of all officers of Department of Commerce and all functions of all officers and employees of such Department, were, with a few exceptions, transferred to Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
REORGANIZATION PLAN NO. 2 OF 1965
Eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318 , as amended Pub. L. 90–83, §10(c), Sept. 11, 1967, 81 Stat. 224
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 13, 1965, pursuant to the provisions of the Reorganization Act of 1949,
ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE
Section 1. Transfer of Functions
All functions vested by law in the Weather Bureau, the Chief of the Weather Bureau, the Coast and Geodetic Survey, the Director of the Coast and Geodetic Survey, and any officer, employee, or organizational entity of that Bureau or Survey, and not heretofore transferred to the Secretary of Commerce, hereinafter referred to as the Secretary, are hereby transferred to the Secretary.
Sec. 2. Abolitions
(a) The offices of Director of the Coast and Geodetic Survey, Deputy Director of the Coast and Geodetic Survey, and Chief of the Weather Bureau are hereby abolished. The Secretary shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this section.
(b) The abolitions effected by the provision of subsection (a) of this section shall exclude the abolition of rights to which the present incumbents of the abolished offices would be entitled under law upon the termination of their appointments.
Sec. 3. Environmental Science Services Administration
(a) The Coast and Geodetic Survey and the Weather Bureau are hereby consolidated to form a new agency in the Department of Commerce which shall be known as the Environmental Science Services Administration, hereinafter referred to as the Administration.
(b) The Secretary shall from time to time establish such constituent organizational entities of the Administration, with such names, as he shall determine.
Sec. 4. Officers of the Administration
(a) There shall be at the head of the Administration the Administrator of the Environmental Science Services Administration, hereinafter referred to as the Administrator. The Administrator shall be appointed by the President by and with the advice and consent of the Senate. He shall perform such functions as the Secretary may from time to time direct.
(b)(1) There shall be in the Administration a Deputy Administrator of the Environmental Science Services Administration, hereinafter referred to as the Deputy Administrator, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Secretary may from time to time direct, and, unless he is compensated in pursuance of the provisions of paragraph (2), below, shall receive compensation in accordance with the Classification Act of 1949, as amended [
(2) The office of Deputy Administrator may be filled at the discretion of the President by appointment (by and with the advice and consent of the Senate) from the active list of commissioned officers of the Administration in which case the appointment shall create a vacancy on the active list and while holding the office of Deputy Administrator the officer shall have rank, pay and allowances not exceeding those of a Vice Admiral.
(c) The Deputy Administrator of such other official of the Department of Commerce as the Secretary shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
(d) At any one time, one principal constituent organizational entity of the Administration may, if the Secretary so elects, be headed by a commissioned officer of the Administration, who shall be designated by the Secretary. Such designation of an officer shall create a vacancy on the active list and while serving under this paragraph the officer shall have rank, pay and allowances not exceeding those of a Rear Admiral (upper half).
(e) Any commissioned officer of the Administration who has served as Deputy Administrator or has served in a rank above that of Captain as the head of a principal constituent organizational entity of the Administration, and is retired while so serving or is retired after the completion of such service while serving in a lower rank or grade, shall be retired with the rank, pay and allowances authorized by law for the highest grade and rank held by him; but any such officer, upon termination of his appointment in a rank above that of Captain, shall, unless appointed or assigned to some other position for which a higher rank or grade is provided, revert to the grade and number he would have occupied had he not served in a rank above that of Captain and such officer shall be an extra number in that grade. [As amended
Sec. 5. Authority of the Secretary
Nothing in this organization plan shall divert the Secretary of any function vested in him by law or by Reorganization Plan No. 5 of 1950 (
Sec. 6. Personnel, Property, Records and Funds
(a) The personnel (including commissioned officers) employed in the Coast and Geodetic Survey, the personnel employed in the Weather Bureau, and the property and records held or used by the Weather Bureau or the Coast and Geodetic Survey shall be deemed to be transferred to the Administration.
(b) Unexpended balances of appropriations, allocations, and other funds available or to be made available in connection with functions now administered by the Weather Bureau or by the Coast and Geodetic Survey shall be available to the Administration hereunder in connection with those functions.
(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the foregoing provisions of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.
Sec. 7. Interim Officers
(a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be.
(b) The President may similarly authorize any such person to act as Deputy Administrator.
(c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled.
[The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1965, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended [see now
The reorganization plan consolidates the Coast and Geodetic Survey and the Weather Bureau to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration. It is the intention of the Secretary of Commerce to transfer the Central Radio Propagation Laboratory of the National Bureau of Standards to the Administration when the reorganization plan takes effect. The new Administration will then provide a single national focus for our efforts to describe, understand, and predict the state of the oceans, the state of the lower and upper atmosphere, and the size and shape of the earth.
Establishment of the Administration will mark a significant step forward in the continual search by the Federal Government for better ways to meet the needs of the Nation for environmental science services. The organizational improvements made possible by the reorganization plan will enhance our ability to develop an adequate warning system for the severe hazards of nature—for hurricanes, tornadoes, floods, earthquakes, and seismic sea waves, which have proved so disastrous to the Nation in recent years. These improvements will permit us to provide better environmental information to vital segments of the Nation's economy—to agriculture, transportation, communications, and industry, which continually require information about the physical environment. They will mean better services to other Federal departments and agencies—to those that are concerned with the national defense, the exploration of outer space, the management of our mineral and water resources, the protection of the public health against environmental pollution, and the preservation of our wilderness and recreation areas.
The new Administration will bring together a number of allied scientific disciplines that are concerned with the physical environment. The integration will better enable us to look at man's physical environment as a scientific whole and to seek to understand the interactions among air, sea, and earth and between the upper and lower atmosphere. It will facilitate the development of programs dealing with the physical environment and will permit better management of these programs. It will enhance our capability to identify and solve important long-range scientific and technological problems associated with the physical environment. The new Administration will, in consequence, promote a fresh sense of scientific dedication, discovery, and challenge, which are essential if we are to attract scientists and engineers of creativity and talent to Federal employment in this field.
The reorganization plan provides for an Administrator at the head of the Administration, and for a Deputy Administrator, each of whom will be appointed by the President by and with the advice and consent of the Senate. As authorized by the civil service and other laws and regulations, subordinate officers of the Administration will be appointed by the Secretary of Commerce or be assigned by him from among a corps of commissioned officers. The Administration will perform such functions as the Secretary of Commerce may delegate or otherwise assign to it and will be under his direction and control.
Commissioned officers of the Coast and Geodetic Survey will become commissioned officers of the Administration and may serve at the discretion of the Secretary of Commerce throughout the Administration. The reorganization plan authorizes the President at his discretion to fill the Office of Deputy Administrator by appointment, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Administration.
The reorganization plan transmitted herewith abolishes—and thus excludes from the consolidation mentioned above—the offices of (1) Chief of the Weather Bureau, provided for in the act of October 1, 1890 (
After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended [see now
In addition to permitting more effective management within the Department of Commerce, the new organization will ultimately produce economies. These economies will be of two types. The first, and probably the most significant, is the savings and avoidance of costs which will result from the sharing of complex and expensive facilities such as satellites, computers, communication systems, aircraft, and ships. These economies will increase in significance as developments in science and technology bring into being still more advanced equipment. Second, integration of the existing headquarters and field organizations will permit more efficient utilization of existing administrative staffs and thereby produce future economies. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan.
I recommend that the Congress allow the accompanying reorganization plan to become effective.
Lyndon B. Johnson.
§851a. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300 ; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section, act Jan. 19, 1942, ch. 6, §1,
§§852 to 852b. Omitted
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,
Section 852, acts June 4, 1920, ch. 228, §1,
Section 852a, acts Feb. 16, 1929, ch. 221, §5,
Section 852b, acts Jan. 19, 1942, ch. 6, §8,
§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.
(June 5, 1920, ch. 256,
Editorial Notes
Amendments
1983—
1975—
Statutory Notes and Related Subsidiaries
Repeals
Act Aug. 2, 1946, ch. 753, title IV, §424(a),
§§853a to 853l. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section 853a, acts June 3, 1948, ch. 390, §2,
Section 853b, act June 3, 1948, ch. 390, §3,
Section 853c, act June 3, 1948, ch. 390, §4,
Section 853d, act June 3, 1948, ch. 390, §5,
Section 853e, acts June 3, 1948, ch. 390, §6,
Section 853f, act June 3, 1948, ch. 390, §7,
Section 853g, acts June 3, 1948, ch. 390, §8,
Section 853h, acts June 3, 1948, ch. 390, §9,
Section 853i, acts June 3, 1948, ch. 390, §10,
Section 853j, act June 3, 1948, ch. 390, §11,
Section 853j–1, acts June 3, 1948, ch. 390, §12, as added
Section 853k, acts June 3, 1948, ch. 390, §13, formerly §12,
Section 853l, acts June 3, 1948, ch. 390, §14, formerly §13,
A prior section 14 of act June 3, 1948, was classified to
Statutory Notes and Related Subsidiaries
Short Title
Section 1 of act June 3, 1948, ch. 390,
§§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,
Section 853n, act June 3, 1948, ch. 390, §15,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as an Effective Date of 1949 Amendment note under
§853o. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section, acts June 3, 1948, ch. 390, §16,
§853o–1. 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.
(
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Nov. 1, 1962, see section 15 of
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,
§§853p to 853r. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section 853p, act June 3, 1948, ch. 390, §17,
Section 853q, act June 3, 1948, ch. 390, §18,
Section 853r, act June 3, 1948, ch. 390, §19,
§853s. Repealed. Pub. L. 88–431, §1(c)(2), Aug. 14, 1964, 78 Stat. 440
Section, act June 3, 1948, ch. 390, §20, as added Sept. 14, 1961,
§§853t to 854. Repealed. Pub. L. 107–372, title II, §271(1), (4), Dec. 19, 2002, 116 Stat. 3094
Section 853t, act June 3, 1948, ch. 390, §23, as added
Section 853u, act June 3, 1948, ch. 390, §24, as added
Section 853v, act June 3, 1948, ch. 390, §25, as added
Section 854, acts May 22, 1917, ch. 20, §16,
§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.
(Jan. 19, 1942, ch. 6, §2,
Editorial Notes
Codification
Provisions similar to this section are contained in
Amendments
1955—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 Amendment
Act Oct. 12, 1949, ch. 681, title V, §533(a),
§854a–1. 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 858 1 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,
Editorial Notes
References in Text
Codification
Provisions similar to this section are contained in
Amendments
1966—
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,
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
1 See References in Text note below.
§854a–2. 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
(Dec. 3, 1942, ch. 670, §3,
Editorial Notes
Codification
"
Provisions similar to this section are contained in
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,
§§854b, 854c. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300 ; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section 854b, act Jan. 19, 1942, ch. 6, §3,
Section 854c, act Jan. 19, 1942, ch. 6, §4,
§855. Repealed. Pub. L. 107–372, title II, §271(4), Dec. 19, 2002, 116 Stat. 3094
Section, acts May 22, 1917, ch. 20, §16,
§855a. Repealed. Pub. L. 85–857, §14(79), Sept. 2, 1958, 72 Stat. 1272
Section, acts Dec. 3, 1942, ch. 670, §2,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal by
§§856 to 857–5. Repealed. Pub. L. 107–372, title II, §271(3), (4), Dec. 19, 2002, 116 Stat. 3094
Section 856, acts May 22, 1917, ch. 20, §16,
Section 857, acts May 22, 1917, ch. 20, §16,
Section 857–1,
Section 857–2,
Section 857–3,
Section 857–4,
Section 857–5,
Statutory Notes and Related Subsidiaries
Repeals
§§857–6 to 857–12. Repealed. Pub. L. 95–63, §7(a), July 5, 1977, 91 Stat. 267
Section 857–6,
Section 857–7,
Section 857–8,
Section 857–9,
Section 857–10,
Section 857–11,
Section 857–12,
§857–13. 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
(
Editorial Notes
Prior Provisions
Provisions 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
Statutory Notes and Related Subsidiaries
Short Title
For short title of
Transfer of Personnel, Positions, Records, and Funds
Termination of Advisory Committees
Advisory 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
§857–14. 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.
(
Editorial Notes
Prior Provisions
Provisions 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
Amendments
1981—Subsec. (b)(2).
1978—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory 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
§857–15. 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 Nation's 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.
(
Editorial Notes
Prior Provisions
A 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
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For 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
Termination of Advisory Committees
Advisory 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
§857–16. Compensation and travel expenses
Members of the Committee shall each be entitled to receive compensation not to exceed the daily rate for a GS–18 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.
(
Editorial Notes
References in Text
Prior Provisions
A 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
Amendments
1981—
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory 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
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 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
1 See References in Text note below.
§857–17. 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
(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
(
Editorial Notes
Prior Provisions
Provisions 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
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory 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
§857–18. Authorization of appropriations
There are authorized to be appropriated for purposes of carrying out
(
Editorial Notes
Prior Provisions
Provisions 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
Amendments
1981—
1979—
1978—
§857–19. 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.
(
Statutory Notes and Related Subsidiaries
National Ocean Policy
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Oceans Act of 2000'.
"SEC. 2. PURPOSE AND OBJECTIVES.
"The purpose of this Act is to establish a commission to make recommendations for coordinated and comprehensive national ocean policy that will promote—
"(1) the protection of life and property against natural and manmade hazards;
"(2) responsible stewardship, including use, of fishery resources and other ocean and coastal resources;
"(3) the protection of the marine environment and prevention of marine pollution;
"(4) the enhancement of marine-related commerce and transportation, the resolution of conflicts among users of the marine environment, and the engagement of the private sector in innovative approaches for sustainable use of living marine resources and responsible use of non-living marine resources;
"(5) the expansion of human knowledge of the marine environment including the role of the oceans in climate and global environmental change and the advancement of education and training in fields related to ocean and coastal activities;
"(6) the continued investment in and development and improvement of the capabilities, performance, use, and efficiency of technologies for use in ocean and coastal activities, including investments and technologies designed to promote national energy and food security;
"(7) close cooperation among all government agencies and departments and the private sector to ensure—
"(A) coherent and consistent regulation and management of ocean and coastal activities;
"(B) availability and appropriate allocation of Federal funding, personnel, facilities, and equipment for such activities;
"(C) cost-effective and efficient operation of Federal departments, agencies, and programs involved in ocean and coastal activities; and
"(D) enhancement of partnerships with State and local governments with respect to ocean and coastal activities, including the management of ocean and coastal resources and identification of appropriate opportunities for policy-making and decision-making at the State and local level; and
"(8) the preservation of the role of the United States as a leader in ocean and coastal activities, and, when it is in the national interest, the cooperation by the United States with other nations and international organizations in ocean and coastal activities.
"SEC. 3. COMMISSION ON OCEAN POLICY.
"(a)
"(b)
"(1)
"(2)
"(A) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Majority Leader of the Senate in consultation with the Chairman of the Senate Committee on Commerce, Science, and Transportation.
"(B) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Speaker of the House of Representatives in consultation with the Chairmen of the House Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology].
"(C) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the Senate in consultation with the Ranking Member of the Senate Committee on Commerce, Science, and Transportation.
"(D) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the House in consultation with the Ranking Members of the House Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology].
"(3)
"(A) the assignment of duties and responsibilities among staff personnel and their continuing supervision; and
"(B) the use and expenditure of funds available to the Commission.
"(4)
"(c)
"(1) is authorized to secure directly from any Federal agency or department any information it deems necessary to carry out its functions under this Act, and each such agency or department is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information (other than information described in
"(2) may enter into contracts, subject to the availability of appropriations for contracting, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, as provided by
"(3) in consultation with the Ocean Studies Board of the National Research Council of the National Academy of Sciences, shall establish a multidisciplinary science advisory panel of experts in the sciences of living and non-living marine resources to assist the Commission in preparing its report, including ensuring that the scientific information considered by the Commission is based on the best scientific information available.
"(d)
"(e)
"(1)
"(2)
"(A) All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting.
"(B) Minutes of each meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to
"(3)
"(4)
"(A) The Northeast (including the Great Lakes).
"(B) The Southeast (including the Caribbean).
"(C) The Southwest (including Hawaii and the Pacific Territories).
"(D) The Northwest.
"(E) The Gulf of Mexico.
"(f)
"(1)
"(2)
"(A) An assessment of existing and planned facilities associated with ocean and coastal activities including human resources, vessels, computers, satellites, and other appropriate platforms and technologies.
"(B) A review of existing and planned ocean and coastal activities of Federal entities, recommendations for changes in such activities necessary to improve efficiency and effectiveness and to reduce duplication of Federal efforts.
"(C) A review of the cumulative effect of Federal laws and regulations on United States ocean and coastal activities and resources and an examination of those laws and regulations for inconsistencies and contradictions that might adversely affect those ocean and coastal activities and resources, and recommendations for resolving such inconsistencies to the extent practicable. Such review shall also consider conflicts with State ocean and coastal management regimes.
"(D) A review of the known and anticipated supply of, and demand for, ocean and coastal resources of the United States.
"(E) A review of and recommendations concerning the relationship between Federal, State, and local governments and the private sector in planning and carrying out ocean and coastal activities.
"(F) A review of opportunities for the development of or investment in new products, technologies, or markets related to ocean and coastal activities.
"(G) A review of previous and ongoing State and Federal efforts to enhance the effectiveness and integration of ocean and coastal activities.
"(H) Recommendations for any modifications to United States laws, regulations, and the administrative structure of Executive agencies, necessary to improve the understanding, management, conservation, and use of, and access to, ocean and coastal resources.
"(I) A review of the effectiveness and adequacy of existing Federal interagency ocean policy coordination mechanisms, and recommendations for changing or improving the effectiveness of such mechanisms necessary to respond to or implement the recommendations of the Commission.
"(3)
"(4)
"(g)
"(1)
"(A) publish in the Federal Register a notice that a draft report is available for public review; and
"(B) provide a copy of the draft report to the Governor of each coastal State, the Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology] of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
"(2)
"(h)
"(i)
"(j)
"SEC. 4. NATIONAL OCEAN POLICY.
"(a)
"(b)
"SEC. 5. BIENNIAL REPORT.
"[Enacted this section.]
"SEC. 6. DEFINITIONS.
"In this Act:
"(1)
"(A) the oceans, including coastal and offshore waters;
"(B) the continental shelf; and
"(C) the Great Lakes.
"(2)
"(3)
"SEC. 7. EFFECTIVE DATE.
"This Act shall become effective on January 20, 2001."
[
The following appropriations acts contained provisions similar to those in section 3(f)(1) of
Executive Documents
Executive Order No. 13366
Ex. Ord. No. 13366, Dec. 17, 2004, 69 F.R. 76591, which established the Committee on Ocean Policy, was revoked by Ex. Ord. No. 13547, §10, July 19, 2010, 75 F.R. 43027, formerly set out below.
Executive Order No. 13547
Ex. Ord. No. 13547, July 19, 2010, 75 F.R. 43023, which established policy regarding stewardship of the ocean, coasts, and the Great Lakes and established the National Ocean Council, was revoked by Ex. Ord. No. 13840, §7, June 19, 2018, 83 F.R. 29433, set out below.
Ex. Ord. No. 13840. Ocean Policy To Advance the Economic, Security, and Environmental Interests of the United States
Ex. Ord. No. 13840, June 19, 2018, 83 F.R. 29431, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
This order maintains and enhances these and other benefits to the Nation through improved public access to marine data and information, efficient interagency coordination on ocean-related matters, and engagement with marine industries, the science and technology community, and other ocean stakeholders. To advance these national interests, this order recognizes and supports Federal participation in regional ocean partnerships, to the extent appropriate and consistent with national security interests and statutory authorities.
(a) coordinate the activities of executive departments and agencies (agencies) regarding ocean-related matters to ensure effective management of ocean, coastal, and Great Lakes waters and to provide economic, security, and environmental benefits for present and future generations of Americans;
(b) continue to promote the lawful use of the ocean by agencies, including United States Armed Forces;
(c) exercise rights and jurisdiction and perform duties in accordance with applicable domestic law and—if consistent with applicable domestic law—international law, including customary international law;
(d) facilitate the economic growth of coastal communities and promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America's energy security;
(e) ensure that Federal regulations and management decisions do not prevent productive and sustainable use of ocean, coastal, and Great Lakes waters;
(f) modernize the acquisition, distribution, and use of the best available ocean-related science and knowledge, in partnership with marine industries; the ocean science and technology community; State, tribal, and local governments; and other ocean stakeholders, to inform decisions and enhance entrepreneurial opportunity; and
(g) facilitate, as appropriate, coordination, consultation, and collaboration regarding ocean-related matters, consistent with applicable law, among Federal, State, tribal, and local governments, marine industries, the ocean science and technology community, other ocean stakeholders, and foreign governments and international organizations.
(a) "Ocean-related matters" means management, science, and technology matters involving the ocean, coastal, and Great Lakes waters of the United States (including its territories and possessions), and related seabed, subsoil, waters superadjacent to the seabed, and natural resources.
(b) "Regional ocean partnership" means a regional organization of coastal or Great Lakes States, territories, or possessions voluntarily convened by governors to address cross-jurisdictional ocean matters, or the functional equivalent of such a regional ocean organization designated by the governor or governors of a State or States.
(i) The Committee shall consist of the following:
(1) The Chairman of the Council on Environmental Quality (CEQ) and the Director of the Office of Science and Technology Policy (OSTP), who shall serve as Co-Chairs;
(2) The Secretary of State, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation, Secretary of Energy, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Director of the Office of Management and Budget, Administrator of the National Aeronautics and Space Administration, Director of the National Science Foundation, Director of National Intelligence, Chairman of the Joint Chiefs of Staff, Under Secretary of Commerce for Oceans and Atmosphere, Assistant Secretary of the Army (Civil Works), and Commandant of the Coast Guard;
(3) The Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy;
(4) A representative from the Office of the Vice President designated by the Vice President; and
(5) Such other officers or employees of the Federal Government as the Co-Chairs may from time to time designate.
(b) The Co-Chairs, in coordination with the Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy, shall regularly convene and preside at meetings of the Committee, determine its agenda, and direct its work, and shall establish and direct subcommittees of the Committee as appropriate. The Committee shall, as appropriate, establish subcommittees with responsibility for advising the Committee on matters pertaining to ocean science and technology and ocean-resource management.
(i) Committee members may designate, to perform their Committee or subcommittee functions, any person who is within their department, agency, or office who is:
(1) a civilian official appointed by the President;
(2) a member of the Senior Executive Service or the Senior Intelligence Service;
(3) a general officer or flag officer; or
(4) an employee of the Office of the Vice President.
(ii) Consistent with applicable law and subject to the availability of appropriations, OSTP or CEQ shall provide the Committee with funding, including through the National Science and Technology Council pursuant to title VII, section 723 of [division E of] the Consolidated Appropriations Act, 2018 (
(iii) The Committee shall be administered by an Executive Director and such full-time staff as the Co-Chairs recommend.
(a) provide advice regarding policies concerning ocean-related matters to:
(i) the President; and
(ii) the head of any agency who is a member of the Committee;
(b) engage and collaborate, under existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
(c) coordinate the timely public release of unclassified data and other information related to the ocean, coasts, and Great Lakes that agencies collect, and support the common information management systems, such as the Marine Cadastre, that organize and disseminate this information;
(d) coordinate and inform the ocean policy-making process and identify priority ocean research and technology needs, to facilitate:
(i) the use of science in the establishment of policy; and
(ii) the collection, development, dissemination, and exchange of information between and among agencies on ocean-related matters;
(e) coordinate and ensure Federal participation in projects conducted under the National Oceanographic Partnership Program through the Committee's members, as appropriate, to maximize the effectiveness of agency investments in ocean research; and
(f) obtain information and advice concerning ocean-related matters from:
(i) State, tribal, and local governments; and
(ii) private-sector entities and individuals.
(i) the authority granted by law to an executive department, agency, or the head thereof;
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; or
(iii) functions assigned by the President to the National Security Council or Homeland Security Council (including subordinate bodies) relating to matters affecting foreign affairs, national security, homeland security, or intelligence.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§857–20. Repealed. Pub. L. 116–221, §10, Dec. 18, 2020, 134 Stat. 1061
Section,
§§857a, 858. Repealed. Pub. L. 107–372, title II, §271(2), (4), Dec. 19, 2002, 116 Stat. 3094
Section 857a, acts Aug. 10, 1956, ch. 1041, §3,
Section 858, acts May 22, 1917, ch. 20, §16,
§859. Repealed. June 16, 1942, ch. 413, §19, 56 Stat. 369 , eff. June 1, 1942
Section, act June 10, 1922, ch. 212,
§860. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499
Section, act May 18, 1920, ch. 190, §11 (words before the first semicolon),
§861. Omitted
Editorial Notes
Codification
Section, acts Feb. 27, 1925, ch. 364, title III,
§861a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 18, 1920, ch. 190, §12,
§§861b, 861c. Omitted
Editorial Notes
Codification
Section 861b, act Feb. 21, 1929, ch. 288,
Section 861c, act June 24, 1935, ch. 291, §3,
§862. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 498
Section, acts Mar. 4, 1907, ch. 2918, §1,
§862a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, acts Mar. 2, 1923, ch. 178, title I,
§863. Repealed. June 21, 1955, ch. 172, §5(4), 69 Stat. 170
Section, acts Mar. 4, 1909, ch. 299, §1,
§864. Repealed. Pub. L. 107–372, title II, §271(6), Dec. 19, 2002, 116 Stat. 3094
Section, act May 18, 1920, ch. 190, §11,
§864a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 18, 1920, ch. 190, §§11 (proviso), 14,
§§864b, 864c. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300 ; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section 864b, act Jan. 19, 1942, ch. 6, §5,
Section 864c, act Jan. 19, 1942, ch. 6, §7,
§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,
§864e. Repealed. Pub. L. 86–465, §1, May 13, 1960, 74 Stat. 130
Section, acts June 6, 1942, ch. 383,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§865. Omitted
Editorial Notes
Codification
Section, acts May 28, 1924, ch. 203,
§866. Repealed. Aug. 6, 1947, ch. 504, §10(1), 61 Stat. 788
Section, act Jan. 31, 1925, ch. 121,
§§867, 868. Repealed. Oct. 31, 1951, ch. 654, §1(39), (60), 65 Stat. 702 , 703
Section 867, act June 5, 1920, ch. 235, §1,
Section 868, act July 1, 1918, ch. 113, §1,
§868a. Omitted
Editorial Notes
Codification
Section, act Jan. 19, 1942, ch. 6, §10,
§869. Repealed. July 1, 1944, ch. 373, title XIII, §1313 58 Stat. 714
Section, act Apr. 26, 1939, ch. 92, §2,
Statutory Notes and Related Subsidiaries
Renumbering of Repealing Act
Title 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,
§870. Repealed. Aug. 1, 1956, ch. 837, title V, §502(7), 70 Stat. 886
Section, acts Jan. 19, 1942, ch. 6, §9,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.
§871. Repealed. Dec. 28, 1945, ch. 597, §4, 59 Stat. 662
Section, act Oct. 27, 1943, ch. 287, §6,
§872. Omitted
Editorial Notes
Codification
Section,
§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
(July 22, 1947, ch. 286, §2,
Editorial Notes
Codification
"
Amendments
1964—
1960—
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by
§874. Repealed. Pub. L. 107–372, title II, §271(5), Dec. 19, 2002, 116 Stat. 3094
Section, act July 22, 1947, ch. 286, §1,
§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.
(Aug. 3, 1956, ch. 932, §1,
Editorial Notes
Amendments
1960—
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,
§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
(Aug. 3, 1956, ch. 932, §2,
§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.
(July 1, 1918, ch. 113, §1,
Editorial Notes
Codification
Section was a provision of the Sundry Civil Appropriation Act of July 1, 1918.
Section was formerly classified to
Amendments
1972—
Statutory Notes and Related Subsidiaries
Transfer of Functions
"Government Accountability Office" substituted in text for "General Accounting Office" pursuant to section 8(b) of
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,
§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.
(Mar. 3, 1901, ch. 853, §1,
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
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,
§878a. Contract for development of a major program; costs; Major Program Annual Report for satellite development program
(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 216–108, Department of Commerce Administrative Order 208–3, and NASA's 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 NOAA's 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 President's 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 NOAA's 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.
(
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 Provisions
Provisions similar to those in this section were contained in the following prior appropriation act:
Amendments
2013—Subsec. (f).
Statutory Notes and Related Subsidiaries
Requirements Adopted by Reference
Similar provisions were contained in the following prior appropriation acts:
§878b. Safety and health regulations for scientific and occupational diving
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.
(
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 Provisions
Provisions similar to those in this section were contained in the following prior appropriation act:
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 882, R.S. §4682, related to additional authority to order surveys beyond twenty-league limit. See
Section 883, R.S. §§4683, 4684, related to mode of conducting surveys generally. See
§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.
(Aug. 6, 1947, ch. 504, §1,
Editorial Notes
Amendments
1960—
Statutory Notes and Related Subsidiaries
Continuous Plankton Recorder Survey
"(a)
"(b)
"(1) to the extent possible, utilize the resources of and partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal agencies;
"(2) in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available;
"(3) prioritize the collection of plankton samples and data that inform the conservation of North Atlantic right whales; and
"(4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribution.
"(c)
Great Lakes Environmental Sensitivity Index
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Great Lakes Environmental Sensitivity Index Act of 2020'.
"SEC. 2. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES.
"(a)
"(b)
"(1) periodically update the environmental sensitivity index products of the Administration; and
"(2) endeavor to do so not less frequently than once every 7 years.
"(c)
"(1) the age of existing environmental sensitivity index products for the areas;
"(2) the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update;
"(3) the natural variability of shoreline and coastal environment; and
"(4) the volume of vessel traffic and general vulnerability to spilled pollutants.
"(d)
"(e)
Great Lakes Mapping
"SEC. 3201. SHORT TITLE.
"This subtitle may be cited as the 'Great Lakes Shoreline Mapping Act of 1987'.
"SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.
"(a)
"(b)
"(1) a work proposal and a division of responsibilities between the National Oceanic and Atmospheric Administration and the United States Geological Survey;
"(2) a time schedule for completion of maps;
"(3) recommendation of funding needed for preparing the maps; and
"(4) an area mapping schedule, with first priority given to shoreline areas subject to a high risk of erosion or flooding.
"SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.
"(a)
"(b)
"(1) shall include—
"(A) bathymetry of the nearshore area, to the extent that this area will affect coastal erosion and flooding;
"(B) topography of the adjacent shoreline, to the extent that this area will directly affect or be affected by coastal erosion and flooding;
"(C) the geological conditions of the nearshore area and shoreline to the extent that these areas will directly affect or be affected by coastal erosion and flooding;
"(D) information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and
"(E) appropriate information for use in predicting and preventing damage caused by erosion and flooding in the Great Lakes;
"(2) shall be of appropriate scale and detail and take into account the greater informational needs of areas subject to a high risk of erosion or flooding; and
"(3) to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada.
"(c)
"(1) the Army Corps of Engineers;
"(2) the Federal Emergency Management Agency;
"(3) other appropriate Federal agencies;
"(4) the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;
"(5) appropriate local government units; and
"(6) the general public.
"(d)
"(1) Federal agencies;
"(2) State governments;
"(3) local government units;
"(4) the Government of Canada; and
"(5) the general public.
"(e)
"SEC. 3204. CONTRACT AUTHORITY.
"The Director may, subject to appropriations, enter into contracts and agreements on a reimbursable or cost-sharing basis with other Federal agencies, State governments, local governments, and private entities, to carry out this subtitle.
"SEC. 3205. DEFINITIONS.
"For purposes of this subtitle—
"(1) The term 'Director' means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmospheric Administration.
"(2) The term 'Great Lakes' means Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint Mary's River, the Saint Clair River, the Detroit River, the Niagara River, the Saint Lawrence River to the Canadian border, to the extent such lakes and rivers are subject to the jurisdiction of the United States.
"(3) The term 'high risk of erosion' means subject to erosion at a rate greater than 1 foot per year.
"SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out section 3202 not more than $100,000 for fiscal year 1989. Amounts appropriated pursuant to this section shall remain available until expended."
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
Transfer of Functions
Functions of Secretary and other officers of Department of Commerce under
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,
§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.
(Aug. 6, 1947, ch. 504, §2,
Editorial Notes
Amendments
2000—Par. (3).
Par. (4).
Par. (5).
Par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
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,
§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.
(Aug. 6, 1947, ch. 504, §3,
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,
§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).
(Aug. 6, 1947, ch. 504, §4,
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,
§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.
(Aug. 6, 1947, ch. 504, §5,
Editorial Notes
Amendments
2000—Par. (1).
Par. (2).
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
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,
§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.
(Aug. 6, 1947, ch. 504, §6,
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,
§883g. Repealed. Pub. L. 88–611, §4(a)(2), Oct. 2, 1964, 78 Stat. 991
Section, act Aug. 6, 1947, ch. 504, §7,
§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.
(Aug. 6, 1947, ch. 504, §8,
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
§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.
(Aug. 6, 1947, ch. 504, §9,
Editorial Notes
References in Text
Herein, referred to in text, means act Aug. 6, 1947, ch. 504,
§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.
(
Editorial Notes
References in Text
This subtitle, referred to in text, is subtitle H (§§6081–6085) of title VI of
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
Report on Satellite Oceanography
1 See References in Text note below.
§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.
(
Editorial Notes
References in Text
Funds appropriated under this heading, referred to in text, refers to funds appropriated under the headings "
§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
(
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288,
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
1 See References in Text note below.
§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.
(R.S. §4685.)
Editorial Notes
References in Text
Title 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
Codification
Section was not enacted as part of act Aug. 6, 1947, ch. 504,
R.S. §4685 derived from act July 10, 1832, ch. 191, §2,
§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
§§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,
Statutory Notes and Related Subsidiaries
Additional Repeal
Sections were also repealed by act Aug. 10, 1956, ch. 1041, §53,
§888. Omitted
Editorial Notes
Codification
Section, R.S. §§264, 4690; acts Feb. 14, 1903, ch. 552, §§4, 10,
§§889, 890. Repealed. June 21, 1955, ch. 172, §5(5), 69 Stat. 170
Section 889, acts Mar. 4, 1909, ch. 313, §1,
Section 890, acts Mar. 4, 1909, ch. 313, §2,
SUBCHAPTER III—NOAA FLEET MODERNIZATION
§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
(4) "Secretary" means the Secretary of Commerce.
(5) "UNOLS" means University-National Oceanographic Laboratory System.
(
Statutory Notes and Related Subsidiaries
Short Title
For short title of this subchapter as the "NOAA Fleet Modernization Act", see section 601 of
§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.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", and was translated as reading "this title", meaning title VI of
§891b. Fleet replacement and modernization Plan
(a) In general
To carry out the program authorized in
(b) Timing
The Plan required in subsection (a) 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) 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).
(
Statutory Notes and Related Subsidiaries
Fishery Survey Vessel Acquisition
"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)
"(b)
"(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)
Deactivation of NOAA Research Vessels
"(A) Unless necessary for safety reasons, the Secretary of Commerce shall not deactivate the ALBATROSS IV (if active), until an equivalent replacement vessel is operational.
"(B) The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries [now 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, if an equivalent replacement vessel will not become operational at the time of deactivation."
1 So in original. Probably should be capitalized.
§891c. Design of NOAA vessels
(a) Design requirement
Except for the vessel designs identified under subsection (b), 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
(
§891d. Contract authority
(a) Multiyear contracts
(1) In general
Subject to paragraphs (2) and (3), and notwithstanding
(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.
(
Editorial Notes
Codification
In subsec. (a)(1), "subsections (a) and (b) of
§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
(
Editorial Notes
Amendments
1999—Subsec. (b)(8).
Statutory Notes and Related Subsidiaries
Fisheries Research Vessel Procurement
§891e–1. 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.
(
Editorial Notes
References in Text
This Act, referred to in text, is div. B of
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.
§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.
(
§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.
(
Statutory Notes and Related Subsidiaries
Interoperability of Vessels
§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.
(
SUBCHAPTER IV—NOAA HYDROGRAPHIC SERVICES
§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 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 (
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title III of
Act of August 6, 1947, referred to in par. (5), is act Aug. 6, 1947, ch. 504,
Amendments
2022—Par. (4)(A).
2008—Pars. (3) to (5).
2002—Par. (3).
Par. (4).
Statutory Notes and Related Subsidiaries
Short Title
For short title of this subchapter as the "Hydrographic Services Improvement Act of 1998", see section 301 of
§892a. Functions of the Administrator
(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
(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 subchapter VI of
(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.
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a) and (b), was in the original "this Act", and was translated, to reflect the probable intent of Congress, as reading "this title", meaning title III of
Subchapter VI of
Amendments
2022—Subsec. (b).
Subsec. (b)(2).
2008—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
2002—Subsec. (b)(4).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Charting and Survey Services
"(a)
"(b)
System for Tracking and Reporting All-Inclusive Cost of Hydrographic Surveys
"(a)
"(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)
Hydrographic Survey
"(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."
1 See References in Text note below.
§892b. Quality assurance program
(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
(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
(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
(
Editorial Notes
Amendments
2022—Subsec. (a).
2002—Subsec. (b)(1).
"(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
"(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."
§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
(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
(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).
(
Editorial Notes
References in Text
This 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
Amendments
2008—Subsec. (c)(1)(A).
2002—
1998—
"(a)
"(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 Amendment
"(1) the enactment of the Hydrographic Services Improvement Act of 1998 [
"(2) the enactment of this Act [Nov. 13, 1998]."
§892d. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Administrator the following:
(1) To carry out nautical mapping and charting functions under
(2) To contract for hydrographic surveys under
(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.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a)(4), (5), was in the original "this title", meaning title III of
Amendments
2022—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
2018—Subsec. (a).
Subsec. (a)(1).
"(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).
"(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).
"(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).
"(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).
"(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).
Subsec. (c).
2008—
2002—
"(1) To carry out nautical mapping and charting functions under the Act of 1947 and
"(2) To conduct hydrographic surveys under
"(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
1998—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
SUBCHAPTER V—RESEARCH, DEVELOPMENT, EDUCATION, AND INNOVATION
§893. Ocean and atmospheric research and development program
(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 NOAA's mission to understand, observe, and model the Earth's 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 NOAA's 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 – 1 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 NOAA's broader research portfolio;
(4) describe NOAA's 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.
(
Editorial Notes
Amendments
2011—
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.
§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, with consideration given to the goal of promoting the participation of individuals identified in
(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
(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 Administration's 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
(f) STEM defined
In this section, the term "STEM" means the academic and professional disciplines of science, technology, engineering, and mathematics.
(
Editorial Notes
Amendments
2017—Subsec. (a).
Subsec. (b)(4)(C) to (E).
Subsecs. (d) to (f).
2011—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
§893b. NOAA's 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.
(
§893c. Workforce study
(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 Administration's Federal science career pathways and address aging workforce issues. The program and plan shall be developed in consultation with the Administration's cooperative institutes and other academic partners.
(
Editorial Notes
Amendments
2022—Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8), (9).
Subsec. (b).
Subsec. (c).
Subsec. (d).
"(1) sufficient highly qualified scientists are able to transition into Federal career scientist positions in the Administration's laboratories and programs; and
"(2) the technical and management experiences of senior employees are documented and transferred before leaving Federal service."
SUBCHAPTER VI—SEXUAL HARASSMENT AND ASSAULT PREVENTION
§894. Actions to address sexual harassment at National Oceanic and Atmospheric Administration
(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.
(
Editorial Notes
Amendments
2020—Subsec. (b)(3)(B).
§894a. Actions to address sexual assault at National Oceanic and Atmospheric Administration
(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 employee's 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.
(
Editorial Notes
Amendments
2020—Subsec. (b)(5)(B).
§894b. Rights of the victim of a sexual assault
A victim of a sexual assault covered by the comprehensive policy developed under
(
§894c. Change of station
(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.
(
§894d. Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract
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
(
§894d–1. Investigation requirement
(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
(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
(b) Notification of delay
In any case in which the time between the reporting of alleged sexual harassment or sexual assault under
(
Editorial Notes
Prior Provisions
A prior section 3546 of
§894d–2. Criminal referral
If the Secretary of Commerce finds, pursuant to an investigation under
(
Editorial Notes
Prior Provisions
A prior section 3547 of
§894e. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration
(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
(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.
(
§894f. Sexual assault defined
In this subchapter, the term "sexual assault" shall have the meaning given such term in
(