SUBCHAPTER I—GENERAL PROVISIONS
Statutory Notes and Related Subsidiaries
Acquisition of Aircraft for Agency Air, Atmosphere, and Weather Reconnaissance and Research Mission
"(a)
"(1)
"(A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and
"(B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes.
"(2)
"(b)
"(1) the first newly acquired aircraft to be fully operational before the retirement of the last WP–3D aircraft operated by the National Oceanic and Atmospheric Administration; and
"(2) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A).
"(c)
"(d)
Co-Location Agreements
"(a)
"(b)
"(1) the government of any State, territory, possession, or locality of the United States;
"(2) any Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
"(3) any subdivision of—
"(A) a government described in paragraph (1); or
"(B) an organization described in paragraph (2); or
"(4) any organization that is—
"(A) organized under the laws of the United States or any jurisdiction within the United States; and
"(B) described in section 501(c) of the Internal Revenue Code of 1986 [
"(c)
"(d)
"(1) to affect the authority of the Administrator of General Services; or
"(2) to grant the Administrator of the National Oceanic and Atmospheric Administration any additional authority to enter into a lease without approval of the General Services Administration."
§851. Omitted
Editorial Notes
Codification
Section,
Similar provisions were contained in the following prior appropriation acts:
June 20, 1956, ch. 415, title I,
June 30, 1955, ch. 253, title I,
July 2, 1954, ch. 456, title III,
Aug. 5, 1953, ch. 328, title III,
July 10, 1952, ch. 651, title III,
Oct. 22, 1951, ch. 533, title III,
Sept. 6, 1950, ch. 896, Ch. III, title III,
July 20, 1949, ch. 354, title III,
June 3, 1948, ch. 400, title III,
July 9, 1947, ch. 211, title III,
July 5, 1946, ch. 541, title III,
May 21, 1945, ch. 129, title III,
June 28, 1944, ch. 294, title III,
July 1, 1943, ch. 182, title III,
July 2, 1942, ch. 472, title III,
June 28, 1941, ch. 258, title II,
May 14, 1940, ch. 189, title II,
June 29, 1939, ch. 248, title III,
Apr. 27, 1938, ch. 180, title III,
June 16, 1937, ch. 359, title III,
May 15, 1936, ch. 405,
Mar. 22, 1935, ch. 39,
Feb. 27, 1925, ch. 364, title III,
Statutory Notes and Related Subsidiaries
Short Title of 2008 Amendment
Short Title of 2002 Amendment
Short Title of 1998 Amendment
Short Title of 1992 Amendment
Short Title
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and offices of Director and Deputy Director of Coast and Geodetic Survey abolished, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
The functions of all officers of Department of Commerce and all functions of all officers and employees of such Department, were, with a few exceptions, transferred to Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
REORGANIZATION PLAN NO. 2 OF 1965
Eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318 , as amended Pub. L. 90–83, §10(c), Sept. 11, 1967, 81 Stat. 224
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 13, 1965, pursuant to the provisions of the Reorganization Act of 1949,
ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE
Section 1. Transfer of Functions
All functions vested by law in the Weather Bureau, the Chief of the Weather Bureau, the Coast and Geodetic Survey, the Director of the Coast and Geodetic Survey, and any officer, employee, or organizational entity of that Bureau or Survey, and not heretofore transferred to the Secretary of Commerce, hereinafter referred to as the Secretary, are hereby transferred to the Secretary.
Sec. 2. Abolitions
(a) The offices of Director of the Coast and Geodetic Survey, Deputy Director of the Coast and Geodetic Survey, and Chief of the Weather Bureau are hereby abolished. The Secretary shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this section.
(b) The abolitions effected by the provision of subsection (a) of this section shall exclude the abolition of rights to which the present incumbents of the abolished offices would be entitled under law upon the termination of their appointments.
Sec. 3. Environmental Science Services Administration
(a) The Coast and Geodetic Survey and the Weather Bureau are hereby consolidated to form a new agency in the Department of Commerce which shall be known as the Environmental Science Services Administration, hereinafter referred to as the Administration.
(b) The Secretary shall from time to time establish such constituent organizational entities of the Administration, with such names, as he shall determine.
Sec. 4. Officers of the Administration
(a) There shall be at the head of the Administration the Administrator of the Environmental Science Services Administration, hereinafter referred to as the Administrator. The Administrator shall be appointed by the President by and with the advice and consent of the Senate. He shall perform such functions as the Secretary may from time to time direct.
(b)(1) There shall be in the Administration a Deputy Administrator of the Environmental Science Services Administration, hereinafter referred to as the Deputy Administrator, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Secretary may from time to time direct, and, unless he is compensated in pursuance of the provisions of paragraph (2), below, shall receive compensation in accordance with the Classification Act of 1949, as amended [
(2) The office of Deputy Administrator may be filled at the discretion of the President by appointment (by and with the advice and consent of the Senate) from the active list of commissioned officers of the Administration in which case the appointment shall create a vacancy on the active list and while holding the office of Deputy Administrator the officer shall have rank, pay and allowances not exceeding those of a Vice Admiral.
(c) The Deputy Administrator of such other official of the Department of Commerce as the Secretary shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
(d) At any one time, one principal constituent organizational entity of the Administration may, if the Secretary so elects, be headed by a commissioned officer of the Administration, who shall be designated by the Secretary. Such designation of an officer shall create a vacancy on the active list and while serving under this paragraph the officer shall have rank, pay and allowances not exceeding those of a Rear Admiral (upper half).
(e) Any commissioned officer of the Administration who has served as Deputy Administrator or has served in a rank above that of Captain as the head of a principal constituent organizational entity of the Administration, and is retired while so serving or is retired after the completion of such service while serving in a lower rank or grade, shall be retired with the rank, pay and allowances authorized by law for the highest grade and rank held by him; but any such officer, upon termination of his appointment in a rank above that of Captain, shall, unless appointed or assigned to some other position for which a higher rank or grade is provided, revert to the grade and number he would have occupied had he not served in a rank above that of Captain and such officer shall be an extra number in that grade. [As amended
Sec. 5. Authority of the Secretary
Nothing in this organization plan shall divert the Secretary of any function vested in him by law or by Reorganization Plan No. 5 of 1950 (
Sec. 6. Personnel, Property, Records and Funds
(a) The personnel (including commissioned officers) employed in the Coast and Geodetic Survey, the personnel employed in the Weather Bureau, and the property and records held or used by the Weather Bureau or the Coast and Geodetic Survey shall be deemed to be transferred to the Administration.
(b) Unexpended balances of appropriations, allocations, and other funds available or to be made available in connection with functions now administered by the Weather Bureau or by the Coast and Geodetic Survey shall be available to the Administration hereunder in connection with those functions.
(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the foregoing provisions of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.
Sec. 7. Interim Officers
(a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be.
(b) The President may similarly authorize any such person to act as Deputy Administrator.
(c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled.
[The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1965, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended [see now
The reorganization plan consolidates the Coast and Geodetic Survey and the Weather Bureau to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration. It is the intention of the Secretary of Commerce to transfer the Central Radio Propagation Laboratory of the National Bureau of Standards to the Administration when the reorganization plan takes effect. The new Administration will then provide a single national focus for our efforts to describe, understand, and predict the state of the oceans, the state of the lower and upper atmosphere, and the size and shape of the earth.
Establishment of the Administration will mark a significant step forward in the continual search by the Federal Government for better ways to meet the needs of the Nation for environmental science services. The organizational improvements made possible by the reorganization plan will enhance our ability to develop an adequate warning system for the severe hazards of nature—for hurricanes, tornadoes, floods, earthquakes, and seismic sea waves, which have proved so disastrous to the Nation in recent years. These improvements will permit us to provide better environmental information to vital segments of the Nation's economy—to agriculture, transportation, communications, and industry, which continually require information about the physical environment. They will mean better services to other Federal departments and agencies—to those that are concerned with the national defense, the exploration of outer space, the management of our mineral and water resources, the protection of the public health against environmental pollution, and the preservation of our wilderness and recreation areas.
The new Administration will bring together a number of allied scientific disciplines that are concerned with the physical environment. The integration will better enable us to look at man's physical environment as a scientific whole and to seek to understand the interactions among air, sea, and earth and between the upper and lower atmosphere. It will facilitate the development of programs dealing with the physical environment and will permit better management of these programs. It will enhance our capability to identify and solve important long-range scientific and technological problems associated with the physical environment. The new Administration will, in consequence, promote a fresh sense of scientific dedication, discovery, and challenge, which are essential if we are to attract scientists and engineers of creativity and talent to Federal employment in this field.
The reorganization plan provides for an Administrator at the head of the Administration, and for a Deputy Administrator, each of whom will be appointed by the President by and with the advice and consent of the Senate. As authorized by the civil service and other laws and regulations, subordinate officers of the Administration will be appointed by the Secretary of Commerce or be assigned by him from among a corps of commissioned officers. The Administration will perform such functions as the Secretary of Commerce may delegate or otherwise assign to it and will be under his direction and control.
Commissioned officers of the Coast and Geodetic Survey will become commissioned officers of the Administration and may serve at the discretion of the Secretary of Commerce throughout the Administration. The reorganization plan authorizes the President at his discretion to fill the Office of Deputy Administrator by appointment, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Administration.
The reorganization plan transmitted herewith abolishes—and thus excludes from the consolidation mentioned above—the offices of (1) Chief of the Weather Bureau, provided for in the act of October 1, 1890 (
After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended [see now
In addition to permitting more effective management within the Department of Commerce, the new organization will ultimately produce economies. These economies will be of two types. The first, and probably the most significant, is the savings and avoidance of costs which will result from the sharing of complex and expensive facilities such as satellites, computers, communication systems, aircraft, and ships. These economies will increase in significance as developments in science and technology bring into being still more advanced equipment. Second, integration of the existing headquarters and field organizations will permit more efficient utilization of existing administrative staffs and thereby produce future economies. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan.
I recommend that the Congress allow the accompanying reorganization plan to become effective.
Lyndon B. Johnson.
§851a. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300 ; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section, act Jan. 19, 1942, ch. 6, §1,
§§852 to 852b. Omitted
Editorial Notes
Codification
Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director and covered their appointment, rank, pay, and allowances, have been omitted in view of 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819,
Section 852, acts June 4, 1920, ch. 228, §1,
Section 852a, acts Feb. 16, 1929, ch. 221, §5,
Section 852b, acts Jan. 19, 1942, ch. 6, §8,
§853. Power to settle claims
The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed $2,500, occasioned, subsequent to June 5, 1920, by acts for which the National Oceanic and Atmospheric Administration is responsible.
(June 5, 1920, ch. 256,
Editorial Notes
Amendments
1983—
1975—
Statutory Notes and Related Subsidiaries
Repeals
Act Aug. 2, 1946, ch. 753, title IV, §424(a),
§§853a to 853l. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section 853a, acts June 3, 1948, ch. 390, §2,
Section 853b, act June 3, 1948, ch. 390, §3,
Section 853c, act June 3, 1948, ch. 390, §4,
Section 853d, act June 3, 1948, ch. 390, §5,
Section 853e, acts June 3, 1948, ch. 390, §6,
Section 853f, act June 3, 1948, ch. 390, §7,
Section 853g, acts June 3, 1948, ch. 390, §8,
Section 853h, acts June 3, 1948, ch. 390, §9,
Section 853i, acts June 3, 1948, ch. 390, §10,
Section 853j, act June 3, 1948, ch. 390, §11,
Section 853j–1, acts June 3, 1948, ch. 390, §12, as added
Section 853k, acts June 3, 1948, ch. 390, §13, formerly §12,
Section 853l, acts June 3, 1948, ch. 390, §14, formerly §13,
A prior section 14 of act June 3, 1948, was classified to
Statutory Notes and Related Subsidiaries
Short Title
Section 1 of act June 3, 1948, ch. 390,
§§853m, 853n. Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(41), 63 Stat. 840
Section 853m, act June 3, 1948, ch. 390, §14,
Section 853n, act June 3, 1948, ch. 390, §15,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as an Effective Date of 1949 Amendment note under
§853o. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section, acts June 3, 1948, ch. 390, §16,
§853o–1. Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay
Active service in the National Oceanic and Atmospheric Administration as a deck officer or junior engineer and active service counted on June 30, 1922, for longevity pay, shall be credited to commissioned officers as active commissioned service for purposes of retirement and retirement pay.
(
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Nov. 1, 1962, see section 15 of
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
§§853p to 853r. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section 853p, act June 3, 1948, ch. 390, §17,
Section 853q, act June 3, 1948, ch. 390, §18,
Section 853r, act June 3, 1948, ch. 390, §19,
§853s. Repealed. Pub. L. 88–431, §1(c)(2), Aug. 14, 1964, 78 Stat. 440
Section, act June 3, 1948, ch. 390, §20, as added Sept. 14, 1961,
§§853t to 854. Repealed. Pub. L. 107–372, title II, §271(1), (4), Dec. 19, 2002, 116 Stat. 3094
Section 853t, act June 3, 1948, ch. 390, §23, as added
Section 853u, act June 3, 1948, ch. 390, §24, as added
Section 853v, act June 3, 1948, ch. 390, §25, as added
Section 854, acts May 22, 1917, ch. 20, §16,
§854a. Service credit as deck officer or junior engineer for promotion purposes
For purposes of promotion which is now or may hereafter be authorized for officers appointed after June 30, 1922, there shall be counted in addition to active commissioned service, service as deck officer and junior engineer.
(Jan. 19, 1942, ch. 6, §2,
Editorial Notes
Codification
Provisions similar to this section are contained in
Amendments
1955—Act June 21, 1955, credited all service as deck officer and junior engineer.
1949—Act Oct. 12, 1949, repealed that part of second proviso of subsec. (b) relating to service credit as deck officer or junior engineer for pay, longevity pay, or retirement purposes.
1948—Act June 3, 1948, repealed subsecs. (a), (c), (d) and all of subsec. (b) except for second proviso which now comprises this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1949 Amendment
Act Oct. 12, 1949, ch. 681, title V, §533(a),
§854a–1. Temporary appointment or advancement of commissioned officers in time of war or national emergency
Personnel of the National Oceanic and Atmospheric Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency subject to the following limitations:
(1) Commissioned officers in the service of a military department, under the provisions of sections 854, 855, 856, 857, and 858 1 of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to higher ranks or grades.
(2) Commissioned officers in the service of the National Oceanic and Atmospheric Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under the provisions of sections 854, 855, 856, 857, and 858 1 of this title.
(3) Temporary appointments may be made in all grades to which original appointments in the National Oceanic and Atmospheric Administration are authorized: Provided, That the number of officers holding temporary appointments shall not exceed the number of officers transferred to a military department under the provisions of sections 854, 855, 856, 857, and 858 1 of this title.
(Dec. 3, 1942, ch. 670, §1,
Editorial Notes
References in Text
Codification
Provisions similar to this section are contained in
Amendments
1966—
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
Delegation of Functions
Functions of President under pars. (1), (2), and (3) delegated to Secretary of Commerce, see section 1(b), (i) and (j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, set out as a note under
1 See References in Text note below.
§854a–2. Pay and allowances; date of acceptance of promotion
Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941, shall be deemed for all purposes to have accepted his promotion to higher grade upon the date such promotion is made by the President unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by
(Dec. 3, 1942, ch. 670, §3,
Editorial Notes
Codification
"
Provisions similar to this section are contained in
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
§§854b, 854c. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300 ; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section 854b, act Jan. 19, 1942, ch. 6, §3,
Section 854c, act Jan. 19, 1942, ch. 6, §4,
§855. Repealed. Pub. L. 107–372, title II, §271(4), Dec. 19, 2002, 116 Stat. 3094
Section, acts May 22, 1917, ch. 20, §16,
§855a. Repealed. Pub. L. 85–857, §14(79), Sept. 2, 1958, 72 Stat. 1272
Section, acts Dec. 3, 1942, ch. 670, §2,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal by
§§856 to 857–5. Repealed. Pub. L. 107–372, title II, §271(3), (4), Dec. 19, 2002, 116 Stat. 3094
Section 856, acts May 22, 1917, ch. 20, §16,
Section 857, acts May 22, 1917, ch. 20, §16,
Section 857–1,
Section 857–2,
Section 857–3,
Section 857–4,
Section 857–5,
Statutory Notes and Related Subsidiaries
Repeals
§§857–6 to 857–12. Repealed. Pub. L. 95–63, §7(a), July 5, 1977, 91 Stat. 267
Section 857–6,
Section 857–7,
Section 857–8,
Section 857–9,
Section 857–10,
Section 857–11,
Section 857–12,
§857–13. National Advisory Committee on Oceans and Atmosphere
There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in
(
Editorial Notes
Prior Provisions
Provisions similar to that contained in this section, which established a National Advisory Committee on Oceans and Atmosphere with a membership of twenty-five, were contained in
Statutory Notes and Related Subsidiaries
Short Title
For short title of
Transfer of Personnel, Positions, Records, and Funds
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
§857–14. Membership
(a) Appointment and qualifications
The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President. Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in the following areas of direct concern to the Committee—
(1) one or more of the disciplines and fields included in marine science and technology, marine industry, marine-related State and local governmental functions, coastal zone management, or other fields directly appropriate for consideration of matters of ocean policy; or
(2) one or more of the disciplines and fields included in atmospheric science, atmospheric-related State and local governmental functions, or other fields directly appropriate for consideration of matters of atmospheric policy.
(b) Terms
(1) The term of office of a member of the Committee shall be 3 years; except that of the original appointees, 6 shall be appointed for a term to expire on July 1, 1979, 6 shall be appointed for a term to expire on July 1, 1980, and 6 shall be appointed for a term to expire on July 1, 1981.
(2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be reappointed to the Committee for more than one additional 3-year term. A member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office. The terms of office for members first appointed after July 5, 1977, shall begin on July 1, 1977.
(c) Chairman
The President shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.
(d) Duties
The Committee shall—
(1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone management, and the status of the marine and atmospheric science and service programs of the United States; and
(2) advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration.
(
Editorial Notes
Prior Provisions
Provisions similar to those contained in this section, which related to membership, terms, and duties of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in
Amendments
1981—Subsec. (b)(2).
1978—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
§857–15. Reports
(a) In general
The Committee shall submit an annual report to the President and to the Congress setting forth an assessment, on a selective basis, of the status of the Nation's marine and atmospheric activities, and shall submit such other reports as may from time to time be requested by the President or the Congress.
(b) Review by Secretary
Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60 days after receipt thereof, transmit his or her comments and recommendations to the President and to the Congress.
(c) Annual report submittal
The annual report required under subsection (a) shall be submitted on or before June 30 of each year, beginning with June 30, 1978.
(
Editorial Notes
Prior Provisions
A provision similar to that contained in this section, which required an annual report, beginning June 30, 1972, from the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, was contained in
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to submitting an annual report to Congress and provisions in subsec. (b) of this section relating to annually transmitting comments and recommendations to Congress, see section 3003 of
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
§857–16. Compensation and travel expenses
Members of the Committee shall each be entitled to receive compensation not to exceed the daily rate for a GS–18 for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Committee. In addition, while away from their homes or regular places of business in the performance of the duties of the Committee, each member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 1 of title 5.
(
Editorial Notes
References in Text
Prior Provisions
A provision similar to that contained in this section, which authorized compensation and travel expenses for members of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, was contained in
Amendments
1981—
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 See References in Text note below.
§857–17. Interagency cooperation and assistance
(a) Liaison
The head of each department or agency of the Federal Government concerned with marine and atmospheric matters shall designate a senior policy official to participate as observer in the work of the Committee and offer necessary assistance.
(b) Agency assistance
The Committee is authorized to request from the head of any department, agency, or independent instrumentality of the Federal Government any information and assistance it deems necessary to carry out the functions assigned under
(c) Administrative assistance
The Secretary of Commerce shall make available to the Committee such staff, information, personnel, and administrative services and assistance as may reasonably be required to carry out the provisions of
(
Editorial Notes
Prior Provisions
Provisions similar to those contained in this section, which required the designation of senior policy officials as observers, directed the Secretary of Commerce to provide administrative assistance, and authorized requests for assistance from Federal agencies by the Federal Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
§857–18. Authorization of appropriations
There are authorized to be appropriated for purposes of carrying out
(
Editorial Notes
Prior Provisions
Provisions similar to those contained in this section, which authorized appropriations, beginning with an authorization of $200,000 for the fiscal year ending June 30, 1972, for the operation of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in
Amendments
1981—
1979—
1978—
§857–19. Biennial report
Beginning in September, 2001, the President shall transmit to the Congress biennially a report that includes a detailed listing of all existing Federal programs related to ocean and coastal activities, including a description of each program, the current funding for the program, linkages to other Federal programs, and a projection of the funding level for the program for each of the next 5 fiscal years beginning after the report is submitted.
(
Statutory Notes and Related Subsidiaries
National Ocean Policy
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Oceans Act of 2000'.
"SEC. 2. PURPOSE AND OBJECTIVES.
"The purpose of this Act is to establish a commission to make recommendations for coordinated and comprehensive national ocean policy that will promote—
"(1) the protection of life and property against natural and manmade hazards;
"(2) responsible stewardship, including use, of fishery resources and other ocean and coastal resources;
"(3) the protection of the marine environment and prevention of marine pollution;
"(4) the enhancement of marine-related commerce and transportation, the resolution of conflicts among users of the marine environment, and the engagement of the private sector in innovative approaches for sustainable use of living marine resources and responsible use of non-living marine resources;
"(5) the expansion of human knowledge of the marine environment including the role of the oceans in climate and global environmental change and the advancement of education and training in fields related to ocean and coastal activities;
"(6) the continued investment in and development and improvement of the capabilities, performance, use, and efficiency of technologies for use in ocean and coastal activities, including investments and technologies designed to promote national energy and food security;
"(7) close cooperation among all government agencies and departments and the private sector to ensure—
"(A) coherent and consistent regulation and management of ocean and coastal activities;
"(B) availability and appropriate allocation of Federal funding, personnel, facilities, and equipment for such activities;
"(C) cost-effective and efficient operation of Federal departments, agencies, and programs involved in ocean and coastal activities; and
"(D) enhancement of partnerships with State and local governments with respect to ocean and coastal activities, including the management of ocean and coastal resources and identification of appropriate opportunities for policy-making and decision-making at the State and local level; and
"(8) the preservation of the role of the United States as a leader in ocean and coastal activities, and, when it is in the national interest, the cooperation by the United States with other nations and international organizations in ocean and coastal activities.
"SEC. 3. COMMISSION ON OCEAN POLICY.
"(a)
"(b)
"(1)
"(2)
"(A) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Majority Leader of the Senate in consultation with the Chairman of the Senate Committee on Commerce, Science, and Transportation.
"(B) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Speaker of the House of Representatives in consultation with the Chairmen of the House Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology].
"(C) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the Senate in consultation with the Ranking Member of the Senate Committee on Commerce, Science, and Transportation.
"(D) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the House in consultation with the Ranking Members of the House Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology].
"(3)
"(A) the assignment of duties and responsibilities among staff personnel and their continuing supervision; and
"(B) the use and expenditure of funds available to the Commission.
"(4)
"(c)
"(1) is authorized to secure directly from any Federal agency or department any information it deems necessary to carry out its functions under this Act, and each such agency or department is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information (other than information described in
"(2) may enter into contracts, subject to the availability of appropriations for contracting, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, as provided by
"(3) in consultation with the Ocean Studies Board of the National Research Council of the National Academy of Sciences, shall establish a multidisciplinary science advisory panel of experts in the sciences of living and non-living marine resources to assist the Commission in preparing its report, including ensuring that the scientific information considered by the Commission is based on the best scientific information available.
"(d)
"(e)
"(1)
"(2)
"(A) All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting.
"(B) Minutes of each meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to
"(3)
"(4)
"(A) The Northeast (including the Great Lakes).
"(B) The Southeast (including the Caribbean).
"(C) The Southwest (including Hawaii and the Pacific Territories).
"(D) The Northwest.
"(E) The Gulf of Mexico.
"(f)
"(1)
"(2)
"(A) An assessment of existing and planned facilities associated with ocean and coastal activities including human resources, vessels, computers, satellites, and other appropriate platforms and technologies.
"(B) A review of existing and planned ocean and coastal activities of Federal entities, recommendations for changes in such activities necessary to improve efficiency and effectiveness and to reduce duplication of Federal efforts.
"(C) A review of the cumulative effect of Federal laws and regulations on United States ocean and coastal activities and resources and an examination of those laws and regulations for inconsistencies and contradictions that might adversely affect those ocean and coastal activities and resources, and recommendations for resolving such inconsistencies to the extent practicable. Such review shall also consider conflicts with State ocean and coastal management regimes.
"(D) A review of the known and anticipated supply of, and demand for, ocean and coastal resources of the United States.
"(E) A review of and recommendations concerning the relationship between Federal, State, and local governments and the private sector in planning and carrying out ocean and coastal activities.
"(F) A review of opportunities for the development of or investment in new products, technologies, or markets related to ocean and coastal activities.
"(G) A review of previous and ongoing State and Federal efforts to enhance the effectiveness and integration of ocean and coastal activities.
"(H) Recommendations for any modifications to United States laws, regulations, and the administrative structure of Executive agencies, necessary to improve the understanding, management, conservation, and use of, and access to, ocean and coastal resources.
"(I) A review of the effectiveness and adequacy of existing Federal interagency ocean policy coordination mechanisms, and recommendations for changing or improving the effectiveness of such mechanisms necessary to respond to or implement the recommendations of the Commission.
"(3)
"(4)
"(g)
"(1)
"(A) publish in the Federal Register a notice that a draft report is available for public review; and
"(B) provide a copy of the draft report to the Governor of each coastal State, the Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology] of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
"(2)
"(h)
"(i)
"(j)
"SEC. 4. NATIONAL OCEAN POLICY.
"(a)
"(b)
"SEC. 5. BIENNIAL REPORT.
"[Enacted this section.]
"SEC. 6. DEFINITIONS.
"In this Act:
"(1)
"(A) the oceans, including coastal and offshore waters;
"(B) the continental shelf; and
"(C) the Great Lakes.
"(2)
"(3)
"SEC. 7. EFFECTIVE DATE.
"This Act shall become effective on January 20, 2001."
[
The following appropriations acts contained provisions similar to those in section 3(f)(1) of
Executive Documents
Executive Order No. 13366
Ex. Ord. No. 13366, Dec. 17, 2004, 69 F.R. 76591, which established the Committee on Ocean Policy, was revoked by Ex. Ord. No. 13547, §10, July 19, 2010, 75 F.R. 43027, formerly set out below.
Executive Order No. 13547
Ex. Ord. No. 13547, July 19, 2010, 75 F.R. 43023, which established policy regarding stewardship of the ocean, coasts, and the Great Lakes and established the National Ocean Council, was revoked by Ex. Ord. No. 13840, §7, June 19, 2018, 83 F.R. 29433, set out below.
Ex. Ord. No. 13840. Ocean Policy To Advance the Economic, Security, and Environmental Interests of the United States
Ex. Ord. No. 13840, June 19, 2018, 83 F.R. 29431, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
This order maintains and enhances these and other benefits to the Nation through improved public access to marine data and information, efficient interagency coordination on ocean-related matters, and engagement with marine industries, the science and technology community, and other ocean stakeholders. To advance these national interests, this order recognizes and supports Federal participation in regional ocean partnerships, to the extent appropriate and consistent with national security interests and statutory authorities.
(a) coordinate the activities of executive departments and agencies (agencies) regarding ocean-related matters to ensure effective management of ocean, coastal, and Great Lakes waters and to provide economic, security, and environmental benefits for present and future generations of Americans;
(b) continue to promote the lawful use of the ocean by agencies, including United States Armed Forces;
(c) exercise rights and jurisdiction and perform duties in accordance with applicable domestic law and—if consistent with applicable domestic law—international law, including customary international law;
(d) facilitate the economic growth of coastal communities and promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America's energy security;
(e) ensure that Federal regulations and management decisions do not prevent productive and sustainable use of ocean, coastal, and Great Lakes waters;
(f) modernize the acquisition, distribution, and use of the best available ocean-related science and knowledge, in partnership with marine industries; the ocean science and technology community; State, tribal, and local governments; and other ocean stakeholders, to inform decisions and enhance entrepreneurial opportunity; and
(g) facilitate, as appropriate, coordination, consultation, and collaboration regarding ocean-related matters, consistent with applicable law, among Federal, State, tribal, and local governments, marine industries, the ocean science and technology community, other ocean stakeholders, and foreign governments and international organizations.
(a) "Ocean-related matters" means management, science, and technology matters involving the ocean, coastal, and Great Lakes waters of the United States (including its territories and possessions), and related seabed, subsoil, waters superadjacent to the seabed, and natural resources.
(b) "Regional ocean partnership" means a regional organization of coastal or Great Lakes States, territories, or possessions voluntarily convened by governors to address cross-jurisdictional ocean matters, or the functional equivalent of such a regional ocean organization designated by the governor or governors of a State or States.
(i) The Committee shall consist of the following:
(1) The Chairman of the Council on Environmental Quality (CEQ) and the Director of the Office of Science and Technology Policy (OSTP), who shall serve as Co-Chairs;
(2) The Secretary of State, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation, Secretary of Energy, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Director of the Office of Management and Budget, Administrator of the National Aeronautics and Space Administration, Director of the National Science Foundation, Director of National Intelligence, Chairman of the Joint Chiefs of Staff, Under Secretary of Commerce for Oceans and Atmosphere, Assistant Secretary of the Army (Civil Works), and Commandant of the Coast Guard;
(3) The Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy;
(4) A representative from the Office of the Vice President designated by the Vice President; and
(5) Such other officers or employees of the Federal Government as the Co-Chairs may from time to time designate.
(b) The Co-Chairs, in coordination with the Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy, shall regularly convene and preside at meetings of the Committee, determine its agenda, and direct its work, and shall establish and direct subcommittees of the Committee as appropriate. The Committee shall, as appropriate, establish subcommittees with responsibility for advising the Committee on matters pertaining to ocean science and technology and ocean-resource management.
(i) Committee members may designate, to perform their Committee or subcommittee functions, any person who is within their department, agency, or office who is:
(1) a civilian official appointed by the President;
(2) a member of the Senior Executive Service or the Senior Intelligence Service;
(3) a general officer or flag officer; or
(4) an employee of the Office of the Vice President.
(ii) Consistent with applicable law and subject to the availability of appropriations, OSTP or CEQ shall provide the Committee with funding, including through the National Science and Technology Council pursuant to title VII, section 723 of [division E of] the Consolidated Appropriations Act, 2018 (
(iii) The Committee shall be administered by an Executive Director and such full-time staff as the Co-Chairs recommend.
(a) provide advice regarding policies concerning ocean-related matters to:
(i) the President; and
(ii) the head of any agency who is a member of the Committee;
(b) engage and collaborate, under existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
(c) coordinate the timely public release of unclassified data and other information related to the ocean, coasts, and Great Lakes that agencies collect, and support the common information management systems, such as the Marine Cadastre, that organize and disseminate this information;
(d) coordinate and inform the ocean policy-making process and identify priority ocean research and technology needs, to facilitate:
(i) the use of science in the establishment of policy; and
(ii) the collection, development, dissemination, and exchange of information between and among agencies on ocean-related matters;
(e) coordinate and ensure Federal participation in projects conducted under the National Oceanographic Partnership Program through the Committee's members, as appropriate, to maximize the effectiveness of agency investments in ocean research; and
(f) obtain information and advice concerning ocean-related matters from:
(i) State, tribal, and local governments; and
(ii) private-sector entities and individuals.
(i) the authority granted by law to an executive department, agency, or the head thereof;
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; or
(iii) functions assigned by the President to the National Security Council or Homeland Security Council (including subordinate bodies) relating to matters affecting foreign affairs, national security, homeland security, or intelligence.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§857–20. Repealed. Pub. L. 116–221, §10, Dec. 18, 2020, 134 Stat. 1061
Section,
§§857a, 858. Repealed. Pub. L. 107–372, title II, §271(2), (4), Dec. 19, 2002, 116 Stat. 3094
Section 857a, acts Aug. 10, 1956, ch. 1041, §3,
Section 858, acts May 22, 1917, ch. 20, §16,
§859. Repealed. June 16, 1942, ch. 413, §19, 56 Stat. 369 , eff. June 1, 1942
Section, act June 10, 1922, ch. 212,
§860. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499
Section, act May 18, 1920, ch. 190, §11 (words before the first semicolon),
§861. Omitted
Editorial Notes
Codification
Section, acts Feb. 27, 1925, ch. 364, title III,
§861a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 18, 1920, ch. 190, §12,
§§861b, 861c. Omitted
Editorial Notes
Codification
Section 861b, act Feb. 21, 1929, ch. 288,
Section 861c, act June 24, 1935, ch. 291, §3,
§862. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 498
Section, acts Mar. 4, 1907, ch. 2918, §1,
§862a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, acts Mar. 2, 1923, ch. 178, title I,
§863. Repealed. June 21, 1955, ch. 172, §5(4), 69 Stat. 170
Section, acts Mar. 4, 1909, ch. 299, §1,
§864. Repealed. Pub. L. 107–372, title II, §271(6), Dec. 19, 2002, 116 Stat. 3094
Section, act May 18, 1920, ch. 190, §11,
§864a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 18, 1920, ch. 190, §§11 (proviso), 14,
§§864b, 864c. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300 ; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section 864b, act Jan. 19, 1942, ch. 6, §5,
Section 864c, act Jan. 19, 1942, ch. 6, §7,
§864d. Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(31), 63 Stat. 839 , eff. Oct. 1, 1949
Section, acts Jan. 19, 1942, ch. 6, §7,
§864e. Repealed. Pub. L. 86–465, §1, May 13, 1960, 74 Stat. 130
Section, acts June 6, 1942, ch. 383,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§865. Omitted
Editorial Notes
Codification
Section, acts May 28, 1924, ch. 203,
§866. Repealed. Aug. 6, 1947, ch. 504, §10(1), 61 Stat. 788
Section, act Jan. 31, 1925, ch. 121,
§§867, 868. Repealed. Oct. 31, 1951, ch. 654, §1(39), (60), 65 Stat. 702 , 703
Section 867, act June 5, 1920, ch. 235, §1,
Section 868, act July 1, 1918, ch. 113, §1,
§868a. Omitted
Editorial Notes
Codification
Section, act Jan. 19, 1942, ch. 6, §10,
§869. Repealed. July 1, 1944, ch. 373, title XIII, §1313 58 Stat. 714
Section, act Apr. 26, 1939, ch. 92, §2,
Statutory Notes and Related Subsidiaries
Renumbering of Repealing Act
Title XIII, §1313, formerly title VI, §611, of act July 1, 1944, which repealed this section, was renumbered title VII, §711, by act Aug. 13, 1946, ch. 958, §5,
§870. Repealed. Aug. 1, 1956, ch. 837, title V, §502(7), 70 Stat. 886
Section, acts Jan. 19, 1942, ch. 6, §9,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.
§871. Repealed. Dec. 28, 1945, ch. 597, §4, 59 Stat. 662
Section, act Oct. 27, 1943, ch. 287, §6,
§872. Omitted
Editorial Notes
Codification
Section,
§873. Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations
The Secretary of Commerce is authorized to pay extra compensation to members of crews of vessels when assigned duties as instrument observer or recorder, and to employees of other Federal agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates as may be specified from time to time by him and without regard to
(July 22, 1947, ch. 286, §2,
Editorial Notes
Codification
"
Amendments
1964—
1960—
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by
§874. Repealed. Pub. L. 107–372, title II, §271(5), Dec. 19, 2002, 116 Stat. 3094
Section, act July 22, 1947, ch. 286, §1,
§875. Powers of officers as notaries
In places where the National Oceanic and Atmospheric Administration is serving which are not within the jurisdiction of any one of the States of the continental United States, excluding Alaska, commanding officers of National Oceanic and Atmospheric Administration vessels, and such other officers of the National Oceanic and Atmospheric Administration as the Secretary of Commerce may designate, may exercise the general powers of the notary public in the administration of oaths for the execution, acknowledgment, and attestation of instruments and papers, and the performance of all other notarial acts. The powers conferred shall be limited to acts performed in behalf of the personnel of the National Oceanic and Atmospheric Administration or in connection with the proper execution of the functions of that agency.
(Aug. 3, 1956, ch. 932, §1,
Editorial Notes
Amendments
1960—
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
§876. Fees for notarial acts; prima facie evidence of authority
No fee of any kind shall be paid to any officer for the performance of any notarial act authorized by
(Aug. 3, 1956, ch. 932, §2,
§877. Appropriations; advances from
Advances of money from available appropriations may be made to the National Ocean Survey and by authority of the Director thereof to chiefs of parties and accounts arising under such advances shall be rendered through and by the disbursing officer of the National Ocean Survey to the Government Accountability Office as under advances made to chiefs of parties prior to July 1, 1918.
(July 1, 1918, ch. 113, §1,
Editorial Notes
Codification
Section was a provision of the Sundry Civil Appropriation Act of July 1, 1918.
Section was formerly classified to
Amendments
1972—
Statutory Notes and Related Subsidiaries
Transfer of Functions
"Government Accountability Office" substituted in text for "General Accounting Office" pursuant to section 8(b) of
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
§878. Appropriations; purchases from
The Secretary of Commerce is authorized to purchase, from the appropriation for the National Ocean Survey, provisions, clothing, and small stores for the enlisted men, and food supplies for field parties working in remote localities, such provisions, clothing, small stores, and food supplies to be sold to the employees of said survey and the appropriation reimbursed.
(Mar. 3, 1901, ch. 853, §1,
Editorial Notes
Codification
Section was a provision of the Sundry Civil Appropriation Act of Mar. 3, 1901.
Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to act Feb. 14, 1903.
Section was formerly classified to
Executive Documents
Transfer of Functions
Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
§878a. Contract for development of a major program; costs; Major Program Annual Report for satellite development program
(a) Definitions
For purposes of this section—
(1) the term "Under Secretary" means Under Secretary of Commerce for Oceans and Atmosphere;
(2) the term "appropriate congressional committees" means—
(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives;
(3) the term "satellite" means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA);
(4) the term "development" means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216–108, Department of Commerce Administrative Order 208–3, and NASA's Procedural Requirements 7120.5c, dated March 22, 2005;
(5) the term "development cost" means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program;
(6) the term "life-cycle cost" means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control;
(7) the term "major program" means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; and
(8) the term "baseline" means the program as set following contract award and preliminary design review of the space and ground systems.
(b) Contract requirements for major programs
(1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that—
(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;
(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;
(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce;
(D) the program has demonstrated a high likelihood of accomplishing its intended goals; and
(E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAA's mission.
(2) The Under Secretary shall transmit a report describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program.
(3) The Under Secretary may not delegate the determination requirement under this subsection, except in cases in which the Under Secretary has a conflict of interest.
(c) Reports
(1) Annually, at the same time as the President's annual budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be known as the Major Program Annual Report.
(2) The first Major Program Annual Report for NOAA's satellite development program shall include a Baseline Report that shall, at a minimum, include—
(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;
(C) the schedule for development, including key program milestones;
(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.
(3) For the major program for which a Baseline Report has been submitted, subsequent Major Program Annual Reports shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.
(d) Notification to Under Secretary of excess development costs
(1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under Secretary any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible, the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more.
(2) Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the change in the cost of the program for which notification was provided under paragraph (1).
(3) Not later than 15 days after the Under Secretary receives a written notification under paragraph (2), the Under Secretary shall transmit the notification to the appropriate congressional committees.
(e) Determination by Under Secretary of excess development costs
Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall—
(1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes—
(A) a description of the increase in cost and a detailed explanation for the increase;
(B) a description of actions taken or proposed to be taken in response to the cost increase; and
(C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; and
(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—
(A) the projected cost and schedule for completing the program if current requirements of the program are not modified;
(B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and
(C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.
(f) Completion and transmittal of analysis
NOAA shall complete an analysis initiated under subsection (e)(2) not later than 6 months after the Under Secretary makes a determination under subsection (e). The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion.
(
Editorial Notes
Codification
Section is from the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012, which is division B of the Consolidated and Further Continuing Appropriations Act, 2012.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation act:
Amendments
2013—Subsec. (f).
Statutory Notes and Related Subsidiaries
Requirements Adopted by Reference
Similar provisions were contained in the following prior appropriation acts:
§878b. Safety and health regulations for scientific and occupational diving
On and after March 11, 2009, the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration.
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Editorial Notes
Codification
Section was enacted as part of the Department of Commerce Appropriations Act, 2009, which is title I of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, which is div. B of the Omnibus Appropriations Act, 2009.
Similar Provisions
Provisions similar to those in this section were contained in the following prior appropriation act: