CHAPTER 17 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Title 33 > CHAPTER 17

Sections (120)

§ 851 Omitted

§ 851a Repealed.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

§§ 852 to 852b Omitted

§ 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 , 41 Stat. 1054 ; Pub. L. 93–608, § 1(4) , Jan. 2, 1975 , 88 Stat. 1967 ; Pub. L. 98–176 , Nov. 29, 1983 , 97 Stat. 1124 .)

§§ 853a to 853l Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§§ 853m, 853n Repealed.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

§ 853o Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§ 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. ( Pub. L. 87–649, § 9(c) , Sept. 7, 1962 , 76 Stat. 496 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

§§ 853p to 853r Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§ 853s Repealed. Pub. L. 88–431, § 1(c)(2), Aug. 14, 1964, 78 Stat. 440

§§ 853t to 854 Repealed. Pub. L. 107–372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094

§ 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 , 56 Stat. 6 ; June 3, 1948, ch. 390, § 22(a) , formerly § 21(a), 62 Stat. 300 , renumbered § 22(a), Pub. L. 87–233, § 1(f) , Sept. 14, 1961 , 75 Stat. 506 ; Oct. 12, 1949, ch. 681 , title V, § 531(b)(32), 63 Stat. 839 ; June 21, 1955, ch. 172, § 3(a) , 69 Stat. 169 .)

§ 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: 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. 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. Temporary appointments may be made in all grades to which original appointments in the National Oceanic and Atmospheric Administration are authorized: Provided , That the number of officers holding temporary appointments shall not exceed the number of officers transferred to a military department under the provisions of sections 854, 855, 856, 857, and 858 1 of this title. ( Dec. 3, 1942, ch. 670, § 1 , 56 Stat. 1038 ; Pub. L. 89–657, § 3 , Oct. 14, 1966 , 80 Stat. 907 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

§ 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 section 3331 of title 5 , shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous. ( Dec. 3, 1942, ch. 670, § 3 , 56 Stat. 1039 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

§§ 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

§ 855 Repealed. Pub. L. 107–372, title II, § 271(4), Dec. 19, 2002, 116 Stat. 3094

§ 855a Repealed. Pub. L. 85–857, § 14(79), Sept. 2, 1958, 72 Stat. 1272

§§ 856 to 857–5 Repealed. Pub. L. 107–372, title II, § 271(3), (4), Dec. 19, 2002, 116 Stat. 3094

§§ 857–6 to 857–12 Repealed. Pub. L. 95–63, § 7(a), July 5, 1977, 91 Stat. 267

§ 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 sections 857–13 to 857–18 of this title referred to as the “Committee”). ( Pub. L. 95–63, § 2 , July 5, 1977 , 91 Stat. 265 .)

§ 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— 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 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 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 . 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— 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 advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration.

§ 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 .

§ 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. ( Pub. L. 95–63, § 5 , July 5, 1977 , 91 Stat. 266 ; Pub. L. 97–87, § 1(2) , Dec. 1, 1981 , 95 Stat. 1134 .)

§ 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 sections 857–13 to 857–18 of this title. The head of each such department, agency, or instrumentality is authorized to cooperate with the Committee, and, to the extent permitted by law, to furnish such information and assistance to the Committee upon request made by the Chairman, without reimbursement for such services and assistance.

(c) Administrative assistance The Secretary of Commerce shall make available to the Committee such staff, information, personnel, and administrative services and assistance as may reasonably be required to carry out the provisions of sections 857–13 to 857–18 of this title.

§ 857–18 Authorization of appropriations

There are authorized to be appropriated for purposes of carrying out sections 857–13 to 857–18 of this title not to exceed $520, 000 f or t h e f i sc a l ye a re n d in g S e pt e mb er 30, 1978,$ 572,000 for the fiscal year ending September 30, 1979 , $565, 000 f or t h e f i sc a l ye a re n d in g S e pt e mb er 30, 1980,$ 600,000 for the fiscal year ending September 30, 1981 , and $555,000 for the fiscal year ending September 30, 1982 . Such sums as may be appropriated under this section shall remain available until expended. ( Pub. L. 95–63, § 8 , July 5, 1977 , 91 Stat. 267 ; Pub. L. 95–304, § 1(2) , June 29, 1978 , 92 Stat. 347 ; Pub. L. 96–26 , June 21, 1979 , 93 Stat. 74 ; Pub. L. 97–87, § 1(3) , Dec. 1, 1981 , 95 Stat. 1134 .)

§ 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. ( Pub. L. 106–256, § 5 , Aug. 7, 2000 , 114 Stat. 648 .)

“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— the protection of life and property against natural and manmade hazards; responsible stewardship, including use, of fishery resources and other ocean and coastal resources; the protection of the marine environment and prevention of marine pollution; 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; 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; 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; close cooperation among all government agencies and departments and the private sector to ensure— coherent and consistent regulation and management of ocean and coastal activities; availability and appropriate allocation of Federal funding, personnel, facilities, and equipment for such activities; cost-effective and efficient operation of Federal departments, agencies, and programs involved in ocean and coastal activities; and 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 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) Establishment.— There is hereby established the Commission on Ocean Policy. Chapter 10 of title 5, United States Code, except for sections 1001, 1006, and 1011, does not apply to the Commission.

(“(b) Membership.— The Commission shall be composed of 16 members appointed by the President from among individuals described in paragraph (2) who are knowledgeable in ocean and coastal activities, including individuals representing State and local governments, ocean-related industries, academic and technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental ocean and coastal activities. The membership of the Commission shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. The President shall appoint the members of the Commission, within 90 days after the effective date of this Act, including individuals nominated as follows: 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. 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]. 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. 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]. The Commission shall select a Chairman from among its members. The Chairman of the Commission shall be responsible for— the assignment of duties and responsibilities among staff personnel and their continuing supervision; and the use and expenditure of funds available to the Commission. Any vacancy on the Commission shall be filled in the same manner as the original incumbent was appointed.

(“(c) Resources.— In carrying out its functions under this section, the Commission— 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 section 552(b)(1)(A) of title 5 , United States Code) to the Commission, upon the request of the Commission; 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 section 3109 of title 5 , United States Code; and 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) Staffing.— The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform its duties. The Executive Director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5 , United States Code. The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission.

(“(e) Meetings.— All meetings of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5 , United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before it. 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. 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 section 552 of title 5 , United States Code, the minutes and records of all meetings and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. The Commission shall hold its first meeting within 30 days after all 16 members have been appointed. The Commission shall hold at least one public meeting in Alaska and each of the following regions of the United States: The Northeast (including the Great Lakes). The Southeast (including the Caribbean). The Southwest (including Hawaii and the Pacific Territories). The Northwest. The Gulf of Mexico.

(“(f) Report.— By June 20, 2003 , the Commission shall submit to Congress and the President a final report of its findings and recommendations regarding United States ocean policy. The final report of the Commission shall include the following assessment, reviews, and recommendations: 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. 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. 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. A review of the known and anticipated supply of, and demand for, ocean and coastal resources of the United States. 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. A review of opportunities for the development of or investment in new products, technologies, or markets related to ocean and coastal activities. A review of previous and ongoing State and Federal efforts to enhance the effectiveness and integration of ocean and coastal activities. 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. 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. In making its assessment and reviews and developing its recommendations, the Commission shall give equal consideration to environmental, technical feasibility, economic, and scientific factors. The recommendations of the Commission shall not be specific to the lands and waters within a single State.

(“(g) Public and Coastal State Review.— Before submitting the final report to the Congress, the Commission shall— publish in the Federal Register a notice that a draft report is available for public review; and 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. The Commission shall include in the final report comments received from the Governor of a coastal State regarding recommendations in the draft report.

(“(h) Administrative Procedure for Report and Review.— Chapter 5 and chapter 7 of title 5, United States Code, do not apply to the preparation, review, or submission of the report required by subsection (e) or the review of that report under subsection (f).

(“(i) Termination.— The Commission shall cease to exist 90 days after the date on which it submits its final report.

(“(j) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section a total of $8,500,000 for the 3 fiscal-year period beginning with fiscal year 2001, such sums to remain available until expended.

“SEC. 4 NATIONAL OCEAN POLICY.

(“(a) National Ocean Policy.— Within 90 days after receiving and considering the report and recommendations of the Commission under section 3, the President shall submit to Congress a statement of proposals to implement or respond to the Commission’s recommendations for a coordinated, comprehensive, and long-range national policy for the responsible use and stewardship of ocean and coastal resources for the benefit of the United States. Nothing in this Act authorizes the President to take any administrative or regulatory action regarding ocean or coastal policy, or to implement a reorganization plan, not otherwise authorized by law in effect at the time of such action.

(“(b) Cooperation and Consultation.— In the process of developing proposals for submission under subsection (a), the President shall consult with State and local governments and non-Federal organizations and individuals involved in ocean and coastal activities.

“SEC. 5 BIENNIAL REPORT.

“SEC. 6 DEFINITIONS.

“In this Act: The term ‘marine environment’ includes— the oceans, including coastal and offshore waters; the continental shelf; and the Great Lakes. The term ‘ocean and coastal resource’ means any living or non-living natural, historic, or cultural resource found in the marine environment. The term ‘Commission’ means the Commission on Ocean Policy established by section 3.

“SEC. 7 EFFECTIVE DATE.

“This Act shall become effective on January 20, 2001 .”

§ 857–20 Repealed. Pub. L. 116–221, § 10, Dec. 18, 2020, 134 Stat. 1061

§§ 857a, 858 Repealed. Pub. L. 107–372, title II, § 271(2), (4), Dec. 19, 2002, 116 Stat. 3094

§ 859 Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942

§ 860 Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 499

§ 861 Omitted

§ 861a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

§§ 861b, 861c Omitted

§ 862 Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 498

§ 862a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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

§ 864 Repealed. Pub. L. 107–372, title II, § 271(6), Dec. 19, 2002, 116 Stat. 3094

§ 864a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

§§ 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

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

§ 864e Repealed. Pub. L. 86–465, § 1, May 13, 1960, 74 Stat. 130

§ 865 Omitted

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

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

§ 868a Omitted

§ 869 Repealed. July 1, 1944, ch. 373, title XIII, § 1313 58 Stat. 714

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

§ 871 Repealed. Dec. 28, 1945, ch. 597, § 4, 59 Stat. 662

§ 872 Omitted

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

The Secretary of Commerce is authorized to pay extra compensation to members of crews of vessels when assigned duties as instrument observer or recorder, and to employees of other Federal agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates as may be specified from time to time by him and without regard to section 5533 of title 5 . ( July 22, 1947, ch. 286, § 2 , 61 Stat. 400 ; Pub. L. 86–397, § 1 , Mar. 28, 1960 , 74 Stat. 11 ; Pub. L. 88–448, title IV, § 401 ( l ), Aug. 19, 1964 , 78 Stat. 491 .)

§ 874 Repealed. Pub. L. 107–372, title II, § 271(5), Dec. 19, 2002, 116 Stat. 3094

§ 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 , 70 Stat. 988 ; Pub. L. 86–624, § 24 , July 12, 1960 , 74 Stat. 418 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

§ 876 Fees for notarial acts; prima facie evidence of authority

No fee of any kind shall be paid to any officer for the performance of any notarial act authorized by section 875 of this title . The signature without seal together with indication of grade of any officer performing any notarial act shall be prima facie evidence of his authority. ( Aug. 3, 1956, ch. 932, § 2 , 70 Stat. 988 .)

§ 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 , 40 Stat. 688 ; June 5, 1920, ch. 235, § 1 , 41 Stat. 929 ; June 10, 1921, ch. 18 , title III, § 304, 42 Stat. 24 ; Pub. L. 92–310, title II, § 231(z) , June 6, 1972 , 86 Stat. 212 ; Pub. L. 108–271, § 8(b) , July 7, 2004 , 118 Stat. 814 .)

§ 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 , 31 Stat. 1144 ; Feb. 14, 1903, ch. 552, § 4 , 32 Stat. 826 .)

§ 878a Contract for development of a major program; costs; Major Program Annual Report for satellite development program

(a) Definitions For purposes of this section— the term “Under Secretary” means Under Secretary of Commerce for Oceans and Atmosphere; the term “appropriate congressional committees” means— the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives; the term “satellite” means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA); 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 ; 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; 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; 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 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 NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that— the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks; the technologies required for the program have been demonstrated in a relevant laboratory or test environment; the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce; the program has demonstrated a high likelihood of accomplishing its intended goals; and the acquisition of satellites for use in the program represents a good value to accomplishing NOAA’s mission. 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. 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 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. The first Major Program Annual Report for NOAA’s satellite development program shall include a Baseline Report that shall, at a minimum, include— the purposes of the program and key technical characteristics necessary to fulfill those purposes; 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; the schedule for development, including key program milestones; the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program. 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 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. 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). 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— transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes— a description of the increase in cost and a detailed explanation for the increase; a description of actions taken or proposed to be taken in response to the cost increase; and a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; and if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum— the projected cost and schedule for completing the program if current requirements of the program are not modified; the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and 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.

§ 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. ( Pub. L. 111–8, div. B, title I, § 106 , Mar. 11, 2009 , 123 Stat. 568 .)

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

§ 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: Hydrographic and topographic surveys; Tide and current observations; Geodetic-control surveys; Field surveys for aeronautical charts; 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 , 61 Stat. 787 ; Pub. L. 86–409 , Apr. 5, 1960 , 74 Stat. 16 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 .)

“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) Update Required for Environmental Sensitivity Index Products for Great Lakes.— Not later than 180 days after the date of the enactment of this Act [ Dec. 31, 2020 ], the Under Secretary for Oceans and Atmosphere shall commence updating the environmental sensitivity index products of the National Oceanic and Atmospheric Administration for each coastal area of the Great Lakes.

(“(b) Periodic Updates for Environmental Sensitivity Index Products Generally.— Subject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall— periodically update the environmental sensitivity index products of the Administration; and endeavor to do so not less frequently than once every 7 years.

(“(c) Priorities.— When prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider— the age of existing environmental sensitivity index products for the areas; the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update; the natural variability of shoreline and coastal environment; and the volume of vessel traffic and general vulnerability to spilled pollutants.

(“(d) Environmental Sensitivity Index Product Defined.— In this section, the term ‘environmental sensitivity index product’ means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources.

(“(e) Funding.— Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated for the Under Secretary that are enacted after the date of the enactment of this Act.”

“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) Preparation of Plan.— Not later than nine months after the date of the enactment of this subtitle [ Dec. 29, 1987 ], the Director, in consultation with the Director of the United States Geological Survey, shall submit to the Congress a plan for preparing maps of the shoreline of the Great Lakes under section 3203.

(“(b) Content of Plan.— A plan prepared under paragraph (1) shall include— a work proposal and a division of responsibilities between the National Oceanic and Atmospheric Administration and the United States Geological Survey; a time schedule for completion of maps; recommendation of funding needed for preparing the maps; and 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) In General.— The [sic] following completion of a shoreline mapping plan under section 3202 and subject to authorization and appropriation of funds, the Director, in consultation with the Director of the United States Geological Survey, shall prepare maps of the shoreline areas of the Great Lakes.

(“(b) Content of Maps.— Maps prepared under this section— shall include— bathymetry of the nearshore area, to the extent that this area will affect coastal erosion and flooding; topography of the adjacent shoreline, to the extent that this area will directly affect or be affected by coastal erosion and flooding; 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; information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and appropriate information for use in predicting and preventing damage caused by erosion and flooding in the Great Lakes; 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 to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada.

(“(c) Consultation.— In preparing maps under this section, the Director shall consult with, and take into consideration, the informational needs of— the Army Corps of Engineers; the Federal Emergency Management Agency; other appropriate Federal agencies; the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; appropriate local government units; and the general public.

(“(d) Availability of Maps.— The Director shall make maps prepared under this section available to— Federal agencies; State governments; local government units; the Government of Canada; and the general public.

(“(e) Recovery of Costs.— The costs of reproducing and distributing maps prepared under this section may be recovered under section 9701 of title 31 , United States Code, or another law.

“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— The term ‘Director’ means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmospheric Administration. 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. 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.”

§ 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: Analysis and prediction of tide and current data; Processing and publication of data, information, compilations, and reports; Compilation and printing of nautical charts; Distribution of nautical charts and related navigational publications. ( Aug. 6, 1947, ch. 504, § 2 , 61 Stat. 787 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 ; Pub. L. 106–181, title VI, § 605(a) , Apr. 5, 2000 , 114 Stat. 154 .)

§ 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 , 61 Stat. 787 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

§ 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 , 61 Stat. 788 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

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

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. The Secretary of Commerce is authorized to establish the terms of any agreement entered into under this section, including the amount of funds to be received, and may contribute that portion of the costs incurred by the National Oceanic and Atmospheric Administration, including shiptime and personnel expenses, which the Secretary determines represents the amount of benefits derived by the Administration from the agreement. ( Aug. 6, 1947, ch. 504, § 5 , 61 Stat. 788 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; Pub. L. 99–272, title VI, § 6085 , Apr. 7, 1986 , 100 Stat. 138 ; Pub. L. 106–181, title VI, § 605(b) , Apr. 5, 2000 , 114 Stat. 154 .)

§ 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 , 61 Stat. 788 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965 , 30 F.R. 8819, 79 Stat. 1318 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970 , 35 F.R. 15627, 84 Stat. 2090 .)

§ 883g Repealed. Pub. L. 88–611, § 4(a)(2), Oct. 2, 1964, 78 Stat. 991

§ 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 , 61 Stat. 788 .)

§ 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 , 61 Stat. 788 .)

§ 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. ( Pub. L. 99–272, title VI, § 6082 , Apr. 7, 1986 , 100 Stat. 135 .)

§ 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. ( Pub. L. 101–162, title I , Nov. 21, 1989 , 103 Stat. 992 .)

§ 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 ( Pub. L. 108–7, div. B, title II, § 206 , Feb. 20, 2003 , 117 Stat. 77 .)

§ 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.)

§ 885 Repealed. Aug. 6, 1947, ch. 504, § 10(6), 61 Stat. 788

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

§ 888 Omitted

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

§ 891 Definitions

In this subchapter, the term— “NOAA” means the National Oceanic and Atmospheric Administration within the Department of Commerce. “NOAA fleet” means the fleet of research vessels owned or operated by NOAA. “Plan” means the NOAA Fleet Replacement and Modernization Plan described in section 891b of this title . “Secretary” means the Secretary of Commerce. “UNOLS” means University-National Oceanographic Laboratory System. ( Pub. L. 102–567, title VI, § 602 , Oct. 29, 1992 , 106 Stat. 4299 .)

§ 891a Operation and maintenance of NOAA fleet

The Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this subchapter. ( Pub. L. 102–567, title VI, § 603 , Oct. 29, 1992 , 106 Stat. 4300 ; Pub. L. 119–60, div. H, title LXXXIV, § 8402(a)(1) , Dec. 18, 2025 , 139 Stat. 1908 .)

§ 891b Fleet replacement and modernization Plan

(a) In general To carry out the program authorized in section 891a of this title , the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after December 18, 2025 , and every 2 years thereafter.

(b) Plan elements The Plan required in subsection (a) shall include the following— the number of vessels in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels; a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements; the number of vessels proposed to be constructed by NOAA; the number of vessels proposed to be acquired, leased, or chartered by NOAA; the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS; the number of vessels that will be made available to NOAA by the Secretary of the Navy, the Director of the National Science Foundation, or any other Federal official, and the terms and conditions for the availability of those vessels; 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; a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea; the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.

(c) Vessel procurement approval The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.

“SEC. 301 SHORT TITLE.

“This title may be cited as the ‘Fisheries Survey Vessel Authorization Act of 2000’.

“SEC. 302 ACQUISITION OF FISHERY SURVEY VESSELS.

(“(a) In General.— The Secretary, subject to the availability of appropriations, may acquire, by purchase, lease, lease-purchase, or charter, and equip fishery survey vessels in accordance with this section and the NOAA Fleet Modernization Act ( 33 U.S.C. 891 et seq.).

(“(b) Vessel Requirements.— Any vessel acquired and equipped under this section must— be capable of— staying at sea continuously for at least 30 days; conducting fishery population surveys using hydroacoustic, longlining, deep water, and pelagic trawls, and other necessary survey techniques; and conducting other work necessary to provide fishery managers with the accurate and timely data needed to prepare and implement fishery management plans; and have a hull that meets the International Council for Exploration of the Sea standard regarding acoustic quietness.

(“(c) Authorization.— To carry out this section there are authorized to be appropriated to the Secretary $60,000,000 for each of fiscal years 2002 and 2003.”

§ 891c Design of NOAA vessels

(a) Design requirement Except for the vessel designs identified under subsection (b), the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall— prepare requirements for each class of vessel to be constructed or converted under the Plan; and contract competitively from nongovernmental entities with expertise in shipbuilding for vessel design and construction based on the requirements for each class of vessel to be acquired.

(b) Exception The Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, as part of the annual update of the Plan required in section 891b of this title , any existing vessel design or design proposals that meet the requirements of the Plan.

§ 891d Contract authority

(a) Multiyear contracts Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and subsections (a) and (b) of section 6301 of title 41 , the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts. The Secretary may not enter into a contract pursuant to this subsection unless the Secretary finds with respect to that contract that— 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 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. The Secretary may not enter into a contract pursuant to this subsection unless the contract includes— 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; a provision that specifies the term of effectiveness of the contract; and 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— an amount specified in the contract for such a termination; or amounts that— 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 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— the Secretary finds that it is in the public interest to do so; the contract is for not more than 7 years; and 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 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.

§ 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: Officially supported export credits. 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— grants; loans and loan guarantees other than those available on the commercial market; forgiveness of debt; equity infusions on terms inconsistent with commercially reasonable investment practices; and preferential provision of goods and services. 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. 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. 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. Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements. 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. Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19 , or any other export subsidy prohibited by that agreement.

§ 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. ( Pub. L. 110–161, div. B, title V, § 506 , Dec. 26, 2007 , 121 Stat. 1925 .)

§ 891f Use of vessels

In implementing the NOAA fleet replacement and modernization program, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall use excess capacity of UNOLS vessels where appropriate and may enter into memoranda of agreement with the operators of these vessels to carry out this requirement. ( Pub. L. 102–567, title VI, § 608 , Oct. 29, 1992 , 106 Stat. 4303 ; Pub. L. 119–60, div. H, title LXXXIV, § 8402(a)(4) , Dec. 18, 2025 , 139 Stat. 1910 .)

§ 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. ( Pub. L. 102–567, title VI, § 609 , Oct. 29, 1992 , 106 Stat. 4303 .)

§ 891h Authorization of appropriations

(a) In general There are authorized to be appropriated to the Secretary $93,000,000 for the period of fiscal years 2025 through 2026 to carry out this subchapter and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450 ; 114 Stat. 1945 ; 33 U.S.C. 891b note).

(b) Limitation on fleet modernization activities All NOAA fleet modernization, shipbuilding, and conversion shall be conducted in accordance with this subchapter.

§ 892 Definitions

In this subchapter: The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. The term “Administration” means the National Oceanic and Atmospheric Administration. The term “hydrographic data” means information that— is acquired through— hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying; geodetic, geospatial, or geomagnetic measurements; tide, water level, and current observations; or other methods; and is used in providing hydrographic services. The term “hydrographic services” means— 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; the development of nautical information systems; and related activities. The term “Coast and Geodetic Survey Act” means the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 ( 33 U.S.C. 883a et seq.). ( Pub. L. 105–384, title III, § 302 , Nov. 13, 1998 , 112 Stat. 3454 ; Pub. L. 107–372, title I, § 102 , Dec. 19, 2002 , 116 Stat. 3079 ; Pub. L. 110–386, § 2 , Oct. 10, 2008 , 122 Stat. 4106 ; Pub. L. 117–263, div. J, title CIII, § 10308(a) , Dec. 23, 2022 , 136 Stat. 3980 .)

§ 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— acquire and disseminate hydrographic data and provide hydrographic services; promulgate standards for hydrographic data used by the Administration in providing hydrographic services; promulgate standards for hydrographic services provided by the Administration; ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies; maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies; provide hydrographic services in uniform, easily accessible formats; 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 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— 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; 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; 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; where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 741 of title 6 ); 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 notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with chapter 11 of title 40.

(c) Conservation and management of coastal and ocean resources Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hydrographic data and services to support the conservation and management of coastal and ocean resources.

§ 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 The Administrator— by not later than 2 years after December 19, 2002 , shall, subject to the availability of appropriations, develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title ; may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and may charge a fee for such certification and use. Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title , including the cost of administering such a program.

(c) Limitation on liability The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.

(d) Hydrographic Services Account There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”. The account shall consist of— amounts received by the United States as fees charged under subsection (b)(1)(C); and such other amounts as may be provided by law. 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— establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44 .

§ 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 The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in section 892a of this title and such other appropriate matters as the Administrator refers to the panel for review and advice. 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 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. 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. 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. 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. 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. At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the panel. The panel shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman.

(d) Compensation Voting members of the panel shall— receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5 when actually engaged in the performance of duties for such panel; and 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).

§ 892d Authorization of appropriations

(a) In general There are authorized to be appropriated to the Administrator the following: To carry out nautical mapping and charting functions under sections 892b and 892c of this title, except for conducting hydrographic surveys, $71, 000, 000 f ore a c h o ff i sc a l ye a rs 2023 t h ro ug h 2028. T oco n t r a c t f or h y d ro g r a p hi cs u r v eys u n d ersec t i o n 892 b (b) (1) o f t hi s t i tl e, in c l u d in g t h e l e a s in g or t im ec ha r t er in g o f v esse l s,$ 34,000,000 for each of fiscal years 2023 through 2028. To operate hydrographic survey vessels owned by the United States and operated by the Administration, $38, 000, 000 f ore a c h o ff i sc a l ye a rs 2023 t h ro ug h 2028. T oc a rryo u t g eo d e t i c f u n c t i o n s u n d er t hi ss u b c ha pt er,$ 45,000,000 for each of fiscal years 2023 through 2028. To carry out tide and current measurement functions under this subchapter, $35, 000, 000 f ore a c h o ff i sc a l ye a rs 2023 t h ro ug h 2028. T o a c q u i re a re pl a ce m e n t h y d ro g r a p hi cs u r v ey v esse l c a p ab l eo f s t a y in g a t se a co n t in u o u s l y f or a tl e a s t 30 d a ys$ 75,000,000.

(b) Arctic programs Of the amount authorized by this section for each fiscal year— $10, 000, 000 i s a u t h or i ze df or u se in t h e A rc t i c — t o a c q u i re h y d ro g r a p hi c d a t a; t o p ro v i d e h y d ro g r a p hi cser v i ces; t oco n d u c t co a s t a l c han g e ana l yses n ecess a ry t oe n s u res a f e na v i g a t i o n; t o im p ro v e t h e mana g e m e n t o f co a s t a l c han g e; an d t ore d u cer i s k so f ha r m t os u b s i s t e n ce an d co a s t a l co mm u ni t i es a ssoc ia t e d w i t hin cre a se d in t er na t i o na l ma r i t im e t r a ff i c; an d$ 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.

§ 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— 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; 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 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— define “transformational research”; 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; describe how transformational research priorities are identified and appropriately – 1 balanced in the context of NOAA’s broader research portfolio; 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 describe partnerships with other agencies involved in transformational research.

§ 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 sections 1885a and 1885b of title 42 in STEM fields and in promoting the acquisition and retention of highly qualified and motivated young scientists to complement and supplement workforce needs.

(b) Educational program goals The education programs developed by NOAA shall, to the extent applicable— carry out and support research based programs and activities designed to increase student interest and participation in STEM; improve public literacy in STEM; employ proven strategies and methods for improving student learning and teaching in STEM; provide curriculum support materials and other resources that— are designed to be integrated with comprehensive STEM education; are aligned with national science education standards; are designed considering the unique needs of underrepresented groups, translating such materials and other resources; promote the adoption and implementation of high-quality education practices that build toward college and career-readiness; and are promoted widely, especially among individuals identified in sections 1885a and 1885b of title 42; and 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— encourage the collection of evidence as relevant to the measurable objectives and milestones; and ensure that program or portfolio evaluations focus on educational outcomes and not just inputs, activities completed, or the number of participants.

(e) Construction Nothing in this section may be construed to affect the application of section 1232a of title 20 or sections 794 and 794d of title 29.

(f) STEM defined In this section, the term “STEM” means the academic and professional disciplines of science, technology, engineering, and mathematics.

§ 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— 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; 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; what Federal programs are available to help facilitate the education of students hoping to pursue these degrees, skillsets, or credentials; barriers to transitioning highly qualified oceanic and atmospheric scientists or highly qualified technical professionals and tradespeople into Federal civil service scientist career tracks; 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; the impact of an aging Federal workforce on the ability of Federal agencies to conduct high quality scientific research, observations, and monitoring; what actions the Federal government can take to assist the transition of highly qualified scientists, technical professionals, and tradespeople into Federal career positions; workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and 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.

§ 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— establishment of a program to promote awareness of the incidence of sexual harassment; clear procedures an individual should follow in the case of an occurrence of sexual harassment, including— 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— options and contact information for after-hours contact; and 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 a specification of any other person whom the victim should contact; establishment of a mechanism by which— questions regarding sexual harassment can be confidentially asked and confidentially answered; and incidents of sexual harassment can be reported on a restricted or unrestricted basis; and 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— 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 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 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. Each report submitted under paragraph (1) shall include the following: The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered by the policy developed under subsection (a). The number of open actionable sexual harassment cases and how long the cases have been open. Such trends or region-specific issues as the Director may have discovered with respect to sexual harassment in the Administration. Such recommendations as the Director may have with respect to sexual harassment in the Administration.

§ 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: Prevention measures. Education and training on prevention and response. A list of support resources an individual may use in the occurrence of sexual assault, including— options and contact information for after-hours contact; and a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status. Easy and ready availability of information described in paragraph (3). Establishing a mechanism by which— questions regarding sexual assault can be confidentially asked and confidentially answered; and incidents of sexual assault can be reported on a restricted or unrestricted basis. Protocols for the investigation of complaints by command and law enforcement personnel. Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault. Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault. Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c). Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations.

(c) Victim advocacy 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. For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who— is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the Administration. The primary duties of a victim advocate established under paragraph (1) shall include the following: Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims. Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault. Helping to identify resources to ensure the safety of victims of sexual assault. The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed— in each region in which the Administration conducts operations; and in each marine and aviation center of the Administration. 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. The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times. The Secretary shall, where possible, use established hotlines for purposes of this paragraph. The Secretary may enter into formal relationships with other entities to make available additional victim advocates.

(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.

§ 894b Rights of the victim of a sexual assault

A victim of a sexual assault covered by the comprehensive policy developed under section 894a(a) of this title has the right to be reasonably protected from the accused. ( Pub. L. 114–328, div. C, title XXXV, § 3543 , Dec. 23, 2016 , 130 Stat. 2803 .)

§ 894c Change of station

(a) Change of station, unit transfer, or change of work location of victims The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall— 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 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. 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. 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— the victim may request the Secretary to review the denial; and 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 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. The policy required by paragraph (1) shall include the following: A means to control access to the victim. Due process for the victim and the alleged perpetrator.

(c) Regulations The Secretary shall promulgate regulations to carry out this section. 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 section 894(a) of this title and the comprehensive policy developed under section 894a(a) of this title . ( Pub. L. 114–328, div. C, title XXXV, § 3545 , Dec. 23, 2016 , 130 Stat. 2804 .)

§ 894d–1 Investigation requirement

(a) Requirement to investigate The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall ensure that each allegation of sexual harassment reported under section 894 of this title and each allegation of sexual assault reported under section 894a of this title is investigated thoroughly and promptly. It is the sense of Congress that the Secretary should ensure that an investigation of alleged sexual harassment reported under section 894 of this title or sexual assault reported under section 894a of this title commences not later than 48 hours after the time at which the allegation was reported.

(b) Notification of delay In any case in which the time between the reporting of alleged sexual harassment or sexual assault under section 894 or 894a of this title, respectively, and commencement of an investigation of the allegation exceeds 48 hours, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives of the delay.

§ 894d–2 Criminal referral

If the Secretary of Commerce finds, pursuant to an investigation under section 894d–1 of this title , evidence that a crime may have been committed, the Secretary shall refer the matter to the appropriate law enforcement authorities, including the appropriate United States Attorney. ( Pub. L. 114–328, div. C, title XXXV, § 3547 , as added Pub. L. 116–259, title V, § 504(b)(2) , Dec. 23, 2020 , 134 Stat. 1180 .)

§ 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: The number of alleged sexual assaults involving employees, members, and individuals described in subsection (a). A synopsis of each case and the disciplinary action taken, if any, in each case. The policies, procedures, and processes implemented by the Secretary, and any updates or revisions to such policies, procedures, and processes. A summary of the reports received by the Under Secretary for Oceans and Atmosphere under section 894(f) of this title .

(c) Privacy protection In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the contents of the report.

§ 894f Sexual assault defined

In this subchapter, the term “sexual assault” shall have the meaning given such term in section 12291(a) of title 34 . ( Pub. L. 114–328, div. C, title XXXV, § 3549 , formerly § 3547, Dec. 23, 2016 , 130 Stat. 2805 ; renumbered § 3549, Pub. L. 116–259, title V, § 504(b)(1) , Dec. 23, 2020 , 134 Stat. 1180 .)

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CHAPTER 17 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

CHAPTER 17 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sections (120)

§ 851 Omitted

§ 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

§§ 852 to 852b Omitted

§ 853 Power to settle claims

§§ 853a to 853l Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

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

§ 853o Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§ 853o–1 Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay

§§ 853p to 853r Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§ 853s Repealed. Pub. L. 88–431, § 1(c)(2), Aug. 14, 1964, 78 Stat. 440

§§ 853t to 854 Repealed. Pub. L. 107–372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094

§ 854a Service credit as deck officer or junior engineer for promotion purposes

§ 854a–1 Temporary appointment or advancement of commissioned officers in time of war or national emergency

§ 854a–2 Pay and allowances; date of acceptance of promotion

§§ 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

§ 855 Repealed. Pub. L. 107–372, title II, § 271(4), Dec. 19, 2002, 116 Stat. 3094

§ 855a Repealed. Pub. L. 85–857, § 14(79), Sept. 2, 1958, 72 Stat. 1272

§§ 856 to 857–5 Repealed. Pub. L. 107–372, title II, § 271(3), (4), Dec. 19, 2002, 116 Stat. 3094

§§ 857–6 to 857–12 Repealed. Pub. L. 95–63, § 7(a), July 5, 1977, 91 Stat. 267

§ 857–13 National Advisory Committee on Oceans and Atmosphere

§ 857–14 Membership

§ 857–15 Reports

§ 857–16 Compensation and travel expenses

§ 857–17 Interagency cooperation and assistance

§ 857–18 Authorization of appropriations

§ 857–19 Biennial report

“SECTION 1 SHORT TITLE.

“SEC. 2 PURPOSE AND OBJECTIVES.

“SEC. 3 COMMISSION ON OCEAN POLICY.

“SEC. 4 NATIONAL OCEAN POLICY.

“SEC. 5 BIENNIAL REPORT.

“SEC. 6 DEFINITIONS.

“SEC. 7 EFFECTIVE DATE.

§ 857–20 Repealed. Pub. L. 116–221, § 10, Dec. 18, 2020, 134 Stat. 1061

§§ 857a, 858 Repealed. Pub. L. 107–372, title II, § 271(2), (4), Dec. 19, 2002, 116 Stat. 3094

§ 859 Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942

§ 860 Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 499

§ 861 Omitted

§ 861a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

§§ 861b, 861c Omitted

§ 862 Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 498

§ 862a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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

§ 864 Repealed. Pub. L. 107–372, title II, § 271(6), Dec. 19, 2002, 116 Stat. 3094

§ 864a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

§§ 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

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

§ 864e Repealed. Pub. L. 86–465, § 1, May 13, 1960, 74 Stat. 130

§ 865 Omitted

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

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

§ 868a Omitted

§ 869 Repealed. July 1, 1944, ch. 373, title XIII, § 1313 58 Stat. 714

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

§ 871 Repealed. Dec. 28, 1945, ch. 597, § 4, 59 Stat. 662

§ 872 Omitted

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

§ 874 Repealed. Pub. L. 107–372, title II, § 271(5), Dec. 19, 2002, 116 Stat. 3094

§ 875 Powers of officers as notaries

§ 876 Fees for notarial acts; prima facie evidence of authority

§ 877 Appropriations; advances from

§ 878 Appropriations; purchases from

§ 878a Contract for development of a major program; costs; Major Program Annual Report for satellite development program

§ 878b Safety and health regulations for scientific and occupational diving

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

§ 883a Surveys and other activities

“SECTION 1 SHORT TITLE.

“SEC. 2 UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES.

“SEC. 3201 SHORT TITLE.

“SEC. 3202 GREAT LAKES SHORELINE MAPPING PLAN.

“SEC. 3203 PREPARATION OF GREAT LAKES SHORELINE MAPS.

“SEC. 3204 CONTRACT AUTHORITY.

“SEC. 3205 DEFINITIONS.

“SEC. 3206 AUTHORIZATION OF APPROPRIATIONS.

§ 883b Dissemination of data; further activities

§ 851 Omitted

§ 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

§§ 852 to 852b Omitted

§ 853 Power to settle claims

§§ 853a to 853l Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

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

§ 853o Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§ 853o–1 Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay

§§ 853p to 853r Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

§ 853s Repealed. Pub. L. 88–431, § 1(c)(2), Aug. 14, 1964, 78 Stat. 440

§§ 853t to 854 Repealed. Pub. L. 107–372, title II, § 271(1), (4), Dec. 19, 2002, 116 Stat. 3094

§ 854a Service credit as deck officer or junior engineer for promotion purposes

§ 854a–1 Temporary appointment or advancement of commissioned officers in time of war or national emergency

§ 854a–2 Pay and allowances; date of acceptance of promotion

§§ 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

§ 855 Repealed. Pub. L. 107–372, title II, § 271(4), Dec. 19, 2002, 116 Stat. 3094

§ 855a Repealed. Pub. L. 85–857, § 14(79), Sept. 2, 1958, 72 Stat. 1272

§§ 856 to 857–5 Repealed. Pub. L. 107–372, title II, § 271(3), (4), Dec. 19, 2002, 116 Stat. 3094

§§ 857–6 to 857–12 Repealed. Pub. L. 95–63, § 7(a), July 5, 1977, 91 Stat. 267

§ 857–13 National Advisory Committee on Oceans and Atmosphere

§ 857–14 Membership

§ 857–15 Reports

§ 857–16 Compensation and travel expenses

§ 857–17 Interagency cooperation and assistance

§ 857–18 Authorization of appropriations

§ 857–19 Biennial report

§ 857–20 Repealed. Pub. L. 116–221, § 10, Dec. 18, 2020, 134 Stat. 1061

§§ 857a, 858 Repealed. Pub. L. 107–372, title II, § 271(2), (4), Dec. 19, 2002, 116 Stat. 3094

§ 859 Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942

§ 860 Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 499

§ 861 Omitted

§ 861a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

§§ 861b, 861c Omitted

§ 862 Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 498

§ 862a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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

§ 864 Repealed. Pub. L. 107–372, title II, § 271(6), Dec. 19, 2002, 116 Stat. 3094

§ 864a Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

§§ 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

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

§ 864e Repealed. Pub. L. 86–465, § 1, May 13, 1960, 74 Stat. 130

§ 865 Omitted

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

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

§ 868a Omitted

§ 869 Repealed. July 1, 1944, ch. 373, title XIII, § 1313 58 Stat. 714

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

§ 871 Repealed. Dec. 28, 1945, ch. 597, § 4, 59 Stat. 662

§ 872 Omitted

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

§ 874 Repealed. Pub. L. 107–372, title II, § 271(5), Dec. 19, 2002, 116 Stat. 3094

§ 875 Powers of officers as notaries

§ 876 Fees for notarial acts; prima facie evidence of authority

§ 877 Appropriations; advances from

§ 878 Appropriations; purchases from

§ 878a Contract for development of a major program; costs; Major Program Annual Report for satellite development program

§ 878b Safety and health regulations for scientific and occupational diving

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

§ 883a Surveys and other activities

§ 883b Dissemination of data; further activities

§ 883c Geomagnetic data; collection, correlation, and dissemination

§ 883d Improvement of methods, instruments, and equipments; investigations and research

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

§ 883f Contracts with qualified organizations

§ 883g Repealed. Pub. L. 88–611, § 4(a)(2), Oct. 2, 1964, 78 Stat. 991

§ 883h Employment of public vessels

§ 883i Authorization of appropriations

§ 883j Ocean satellite data

§ 883k Acquisition of land for facilities

§ 883l Contracts for surveying and mapping services

§ 884 Power to use books, maps, etc., and to employ persons

§ 885 Repealed. Aug. 6, 1947, ch. 504, § 10(6), 61 Stat. 788

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

§ 888 Omitted

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

§ 891 Definitions

§ 891a Operation and maintenance of NOAA fleet

§ 891b Fleet replacement and modernization Plan

§ 891c Design of NOAA vessels

§ 891d Contract authority