§857a. Rights, benefits, privileges, and immunities; exercise of authority by Secretary of Commerce or designee

(a) The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the National Oceanic and Atmospheric Administration:

(1) Section 1036, Escorts for dependents of members: transportation and travel allowances.

(2) Chapter 61, Retirement or Separation for Physical Disability.

(3) Chapter 69, Retired Grade, except sections 1370, 1375, and 1376(a).

(4) Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401.

(5) Chapter 73, Retired Serviceman's Family Protection Plan; Survivor Benefit Plan.

(6) Chapter 75, Death Benefits.

(7) Section 2771, Final settlement of accounts: deceased members.

(8) Sections 2731, 2732,¹ and 2735, property loss incident to service.

(9) Such other provisions of subtitle A as may be adopted for applicability to the commissioned officer corps of the National Oceanic and Atmospheric Administration by any other provision of law.

(10) Chapter 40, Leave.

(11) Section 2634, Motor vehicles: for members on permanent change of station.

(12) Section 1035, Deposits of Savings.

(13) Section 716, Commissioned officers: transfers among the Armed Forces, the National Oceanic and Atmospheric Administration, and the Public Health Service.

(14) Section 7572(b), Quarters: accommodations in place of for members on sea duty.

(15) Section 1174a, special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).

(16) Section 1052, Reimbursement for adoption expenses.

(b) The authority vested by title 10 in the "military department", "the Secretary concerned", or "the Secretary of Defense" with respect to the provisions of law referred to in subsection (a) of this section shall be exercised, with respect to the commissioned officer corps of the National Oceanic and Atmospheric Administration by the Secretary of Commerce or his designee.

(Aug. 10, 1956, ch. 1041, §3, 70A Stat. 619 ; Pub. L. 85–861, §3, Sept. 2, 1958, 72 Stat. 1546 ; Pub. L. 86–160, §2, Aug. 14, 1959, 73 Stat. 358 ; Pub. L. 87–233, §4, Sept. 14, 1961, 75 Stat. 507 ; Pub. L. 87–649, §9(a), Sept. 7, 1962, 76 Stat. 495 ; Pub. L. 88–132, §5(k), Oct. 2, 1963, 77 Stat. 214 ; Pub. L. 88–431, §1(c)(1), Aug. 14, 1964, 78 Stat. 439 ; Pub. L. 89–538, §3(a), Aug. 14, 1966, 80 Stat. 348 ; Pub. L. 92–425, §5, Sept. 21, 1972, 86 Stat. 713 ; Pub. L. 96–215, §1, Mar. 25, 1980, 94 Stat. 123 ; Pub. L. 96–357, §4, Sept. 24, 1980, 94 Stat. 1182 ; Pub. L. 96–513, title V, §507(f)(1), Dec. 12, 1980, 94 Stat. 2920 ; Pub. L. 98–94, title X, §1007(d), Sept. 24, 1983, 97 Stat. 662 ; Pub. L. 104–106, div. A, title V, §566(a), (b), Feb. 10, 1996, 110 Stat. 327 ; Pub. L. 105–85, div. A, title VI, §653(b), title X, §1073(f), Nov. 18, 1997, 111 Stat. 1804 , 1906.)

References in Text

Section 2732 of title 10, referred to in subsec. (a)(8), was repealed by Pub. L. 88–558, §5(3), Aug. 31, 1964, 78 Stat. 768 . See sections 3701(2) and (3) and 3721 of Title 31, Money and Finance.

Codification

Section was formerly classified to section 316 of Title 37 prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services by Pub. L. 87–649, §1, Sept. 7, 1962, 76 Stat. 451 .

Amendments

1997-Subsec. (a)(3). Pub. L. 105–85, §1073(f), struck out "1374," after "1370,".

Subsec. (a)(16). Pub. L. 105–85, §653(b), added par. (16).

1996-Subsec. (a). Pub. L. 104–106, §566(b)(2), substituted "as those provisions are in effect from time to time" for "including changes in those rules made after August 10, 1956".

Pub. L. 104–106, §566(b)(1), substituted "commissioned officer corps of the National Oceanic and Atmospheric Administration" for "Coast and Geodetic Survey" in introductory provisions and in par. (9).

Subsec. (a)(15). Pub. L. 104–106, §566(a), added par. (15).

Subsec. (b). Pub. L. 104–106, §566(b)(1), substituted "commissioned officer corps of the National Oceanic and Atmospheric Administration" for "Coast and Geodetic Survey".

1983-Subsec. (a)(13). Pub. L. 98–94 substituted "transfers among the Armed Forces, the National Oceanic and Atmospheric Administration, and the Public Health Service" for "transfers between armed forces and to and from National Oceanic and Atmospheric Administration".

1980-Subsec. (a)(3). Pub. L. 96–513 inserted reference to section 1370.

Subsec. (a)(13). Pub. L. 96–215 added cl. (13).

Subsec. (a)(14). Pub. L. 96–357 added cl. (14).

1972-Subsec. (a)(5). Pub. L. 92–425 substituted "Retired Serviceman's Family Protection Plan; Survivor Benefit Plan" for "Annuities Based on Retired or Retainer Pay".

1966-Subsec. (a)(12). Pub. L. 89–538 added cl. (12).

1964-Subsec. (a)(11). Pub. L. 88–431 added cl. (11).

1963-Subsec. (b). Pub. L. 88–132 inserted reference to Secretary of Defense.

1962-Subsec. (a)(10). Pub. L. 87–649 added cl. (10).

1961-Subsec. (a)(8), (9). Pub. L. 87–233 added cl. (8) and redesignated former cl. (8) as (9).

1959-Subsec. (a)(1) to (8). Pub. L. 86–160 added cl. (1) and renumbered former cls. (1) to (7) as (2) to (8).

1958-Subsec. (a)(2), (5) to (7). Pub. L. 85–861, inserted reference to section 1374 in cl. (2), struck out "Care of the Dead" after "Benefits" in cl. (5), added cl. (6), and renumbered former cl. (6) as (7).

Effective Date of 1997 Amendment

Section 653(c) of Pub. L. 105–85 provided that: "The amendments made by this section [amending this section and section 213a of Title 42, The Public Health and Welfare] shall apply only to adoptions that are completed on or after the date of the enactment of this Act [Nov. 18, 1997]."

Effective Date of 1996 Amendment

Section 566(d) of Pub. L. 104–106 provided that: "This section [amending this section and enacting provisions set out as a note under section 1293 of Title 10, Armed Forces] shall apply only to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration who are separated after September 30, 1995."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Designation of Beneficiary Made Before January 1, 1956

Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of section 3 of Pub. L. 85–861, which amended this section, see note set out under section 2771 of Title 10, Armed Forces.

Rules and Regulations: Savings Deposit Benefits

Regulations prescribed by the Secretary of Commerce concerning savings deposit benefits for Coast and Geodetic Survey (now National Oceanic and Atmospheric Administration) personnel to be prescribed jointly with regulations prescribed by the Secretaries concerned under section 1035 of Title 10, Armed Forces, see section 3(c) of Pub. L. 89–538, set out as a note under section 1035 of Title 10, Armed Forces.

Back Payments: Validation; Application; Limitations; Accountability of Disbursing Officers; Regulations

Transportation and travel allowances to escorts for dependents of members, see sections 4 to 7 of Pub. L. 86–160, set out as a note under section 1036 of Title 10, Armed Forces.

¹ See References in Text note below.