subsection, and pays the additional costs, the Agency head is authorized to so construct the road, and that the Federal costs under this subsection shall be part of the nonreimbursable costs. § 701s. Small flood-control projects; appropriations; amount limitation for single locality; conditions. The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $25,000,000 for any one fiscal year, for the construction of small projects for flood control and related purposes not specifically authorized by Congress, which come within the provisions of section 701a of this title, when in the opinion of the Chief of Engineers such work is advisable: Provided, That not more than $1,000,000 shall be allotted under this section for a project at any single locality and the amount allotted shall be sufficient to complete Federal participation in the project: Provided further, That the provisions of local cooperation specified in section 701c of this title, shall apply: And provided further, That the work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports. (As amended Oct. 23, 1962, Pub. L. 87-874, title II, § 205, 76 Stat. 1194.) AMENDMENTS 1962-Pub. L. 87-874 substituted "$25,000,000" for "$10,000,000", "projects for flood control and related purposes" for "flood control projects", and provisions limiting the allotment for a single project to $1,000,000 and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting the allotment for any single project to $400,000 from the appropriations for any fiscal year. § 709a. Compilation and dissemination of information on floods and flood damages; engineering advice; allotment from appropriations. (a) In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and municipalities, the Secretary of the Army, through the Chief of Engineers, Department of the Army, is authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, and general criteria for guidance in the use of flood plain areas; and to provide engineering advice to local interests for their use in planning to ameliorate the flood hazard: Provided, That the necessary surveys and studies will be made and such information and advice will be provided for specific localities only upon the request of a State or a responsible local governmental agency and upon approval by the Chief of Engineers. (b) The Secretary of the Army is authorized to allot, from any appropriations hereafter made for flood control, sums not to exceed $1,000,000 in any one fiscal year for the compilation and dissemination of such information. (Pub. L. 86-645, title II, § 206, July 14, 1960, 74 Stat. 500.) Chapter 16.-LIGHTHOUSES § 763. Retirement for age of officers and employees generally; retirement pay; waiver of retirement pay. INCREASE OF PAY OF PERSONS RETIRED PRIOR TO 1958 Pub. L. 86-361, Sept. 22, 1959, 73 Stat. 643, provided: "That the annual rate of retired pay of each person retired prior to January 1, 1958, under section 6 of the Act of June 20, 1918, as amended and supplemented [this section], shall be increased, effective on the first day of the first calendar month following the date of enactment of this Act [Sept. 22, 1959], by 10 per centum, or $150 per annum, whichever is the greater." Section is from the Department of Commerce Appropriation Act, 1964. Similar provisions were contained in the following prior appropriation acts: 1962-Oct. 18, 1962, Pub. L. 87-843, title III, § 301, 76 Stat. 1091. 1961-Aug. 3, 1961, Pub. L. 87-125, title II, § 201, 75 Stat. 271. 1960-May 13, 1960, Pub. L. 86-451, title I, § 101, 74 Stat. 94. 1959-July 13, 1959, Pub. L. 86-88, title I, § 101, 73 Stat 202. § 851a. Repealed. June 3, 1948. ch. 390, § 22(a), 62 Stat. 300, renumbered Sept. 14, 1961, Pub. L. 87-233, § 1(f), 75 Stat. 506. § 852a. Same; appointment; vacancy; rank, pay, and allowances. Section 1(f) of Pub. L. 87-233, Sept. 14, 1961, 75 Stat. 506, redesignated section 20(a) of act June 3, 1948, ch. 390, 62 Stat. 300, as section 21(a). § 852b. Deputy Director; appointment; active and retired rank, pay, and allowances; reversion in grade and number. The Deputy Director of the Coast and Geodetic Survey shall be appointed by the President, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Coast and Geodetic Survey not below the rank of commander, for a term of four years, and may be reappointed for further periods of four years each: Provided, That the appointment of the Deputy Director shall terminate six months after the appointment of a new Director. His appointment shall create a vacancy and, while holding said office, he shall have the rank, pay, and allowances of a rear admiral (lower half). Any officer who may be retired while serving as Director or Deputy Director, or who has or shall have served four years as Director or Deputy Director and is retired after 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 or rank held by him as Director or Deputy Director: Provided, That any officer, upon expiration of his appointment as Director or Deputy Director, shall, unless reappointed, revert to the grade and number that he would have occupied had he not served as Director or Deputy Director and such officer shall be an extra number in his grade. (Jan. 19, 1942, ch. 6, § 8, 56 Stat. 8, amended June 3, 1948, ch. 390, § 21(b), formerly § 20(b), 62 Stat. 300, renumbered Sept. 14, 1961, Pub. L. 87-233, § 1(f), 75 Stat. 506; June 21, 1955, ch. 172, § 3(b), 69 Stat. 169; June 30, 1960, Pub. L. 86-554, § 1, 74 Stat. 258.) paid a lump-sum payment computed on the basis of two months' basic pay at the time of separation for each year of service, but not to exceed a total of two years' basic pay: Provided, That for the purpose of this section a fractional year of six months or more shall be considered a full year in computing the number of years of service upon which to base such lump-sum payment. (As amended Sept. 7, 1962, Pub. L. 87-649, § 9(b) (1), 76 Stat. 495.) AMENDMENTS 1962-Pub. L. 87-649 substituted "basic pay" for "active-duty pay with longevity credit" in two instances. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. § 853j-1. Temporary appointments and promotions made by President. (a) Temporary appointment in the grade of ensign may be made by the President alone, provided such temporary appointment will be terminated at the close of the next regular session of the Congress unless confirmed by the Senate. (b) Officers in the permanent grade of ensign may be temporarily promoted to and appointed in the grade of lieutenant junior grade by the President alone whenever vacancies exist in higher grades. (c) When deemed necessary or desirable by the Secretary of Commerce to be in the best interest of the service, officers in any permanent grade may be temporarily promoted one grade by the President alone provided such temporary promotion will terminate upon the transfer of the officer to a new assignment, and further provided the number of officers holding temporary promotions under authority of this subsection shall not exceed the whole number nearest 12 per centum of the total number of officers authorized to be on active duty. (June 3, 1948, ch. 390, § 12, as added Sept. 14, 1961, Pub. L. 87-233, § 1(d), 75 Stat. 506.) DELEGATION OF FUNCTIONS Functions of the President under subsec. (a), (b) and (c) of this section delegated to the Secretary of Commerce, see section 1 (b), (c) and (d) of Ex. Ord. No. 11023, May 29, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President. § 853k. Retirement of officers. Section 1(c) of Pub. L. 87-233, Sept. 14, 1961, 75 Stat. 506, redesignated section 12 of act June 3, 1948, as section 13. DELEGATION OF FUNCTIONS Functions of the President under subsec. (b) of this section delegated to the Secretary of Commerce, see section 1(e) of Ex. Ord. No. 11023, May 29, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President. § 8531. Retirement for length of service upon application. When any commissioned officer has completed twenty years of service, he may at any time thereafter, upon his own application, in the discretion of the President, be placed on the retired list. (June 3, 1948, ch. 390, § 14, formerly § 13, 62 Stat. 299, renumbered and amended Sept. 14, 1961, Pub. L. 87233, § 1(e), 75 Stat. 506.) CODIFICATION A prior section 14 of act June 3, 1948, was classified to section 853m of this title and was repealed. AMENDMENTS 1961-Pub. L. 87-233 substituted "twenty" for "thirty." DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Secretary of Commerce, see section 1(f) of Ex. Ord. No. 11023, May 29, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President. § 8530. Pay upon retirement. (a) Computation. Each commissioned officer on the retired list, except as provided in subsection (b) of this section or in some other provision of law, shall receive retired pay at the rate of 21⁄2 per centum of the basic pay of the rank with which retired, multiplied by the number of years of service that may be credited to him under section 1405 of Title 10, as if his service were service as a member of the armed forces, not to exceed a total of 75 per centum of said basic pay: Provided, That a fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 22 per centum is multiplied. (As amended Sept. 7, 1962, Pub. L. 87-649, § 9(b) (2), 76 Stat. 495.) AMENDMENTS 1962 Subsec. (a). Pub. L. 87-649 substituted "basic pay" for "active-duty pay with longevity credit" in two instances. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. § 8530-1. Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay. Active service in the Coast and Geodetic Survey 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.) EFFECTIVE Date Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. CROSS REFERENCES Service credit as deck officer or junior engineer for promotion purposes, see section 854a of this title. § 853s. Transportation of motor vehicles. Notwithstanding the provisions of section 73c of Title 5 when any commissioned officer of the Coast and Geodetic Survey is ordered to make a permanent change of station, one motor vehicle owned by him for his personal use may be transported to his new station on a Government-owned vessel or as otherwise authorized by law. Expenses incurred by virtue of this section shall be payable from the appropriation available for transportation of household effects. (June 3, 1948, ch. 390, § 20, as added Sept. 14, 1961, Pub. L. 87-233, § 1(g), 75 Stat. 506.) § 853t. Original appointments; examination; lineal list; basic pay service credit. (a) Original appointments may be made in grades up to and including lieutenant after passage of a mental and physical examination given in accordance with regulations prescribed by the Secretary of Commerce: Provided, That the President, under such regulations as he may prescribe, may revoke the commission of any officer appointed under this section during his first three years of service if he is found not qualified for the service. (b) Any person appointed under authority of this section shall be placed on the lineal list of active duty officers in a position commensurate with his age, education, and experience in accordance, with regulations prescribed by the Secretary of Commerce. (c) (1) For the purposes of basic pay any person appointed under this section to the grade of lieutenant or lieutenant (junior grade) shall be considered as having, on date of appointment, three years or one and one-half years service respectively. (2) If a person appointed under this section is entitled to credit for the purpose of basic pay under other provision of law which would exceed that authorized by subsection (c) (1) of this section he shall be credited with that service in lieu of the credit provided by subsection (c) (1) of this section. (June 3, 1948, ch. 390, § 23, as added Sept. 14, 1961, Pub. L. 87-233, § 1(h), 75 Stat. 506.) DELEGATION OF FUNCTIONS Functions of the President under subsec. (a) of this section delegated to the Secretary of Commerce, see section 1(g) of Ex. Ord. No. 11023, May 29, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President. § 854a. Service credit as deck officer or junior engineer for promotion purposes. Section 1(f) of Pub. L. 87-233, Sept. 14, 1961, 75 Stat 506, redesignated section 21(a) of act June 3, 1948, ch. 390, 62 Stat. 300, as section 22(a). CROSS REFERENCES Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay, see section 8530-1 of this title. § 854a-1. Temporary promotions in time of war or national emergency; limitations. DELEGATION OF FUNCTIONS Functions of the President under subsecs. (1), (2) and (3) of this section delegated to the Secretary of Commerce, see section 1 (b), (1) and (1) of Ex. Ord. No. 11023, May 29, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President. § 855. Cooperation with and transfer to Army or Navy generally. DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Secretary of Commerce, see section 1(k) of Ex. Ord. No. 11023, May 29, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President. § 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, including changes in those rules made after August 10, 1956, apply also to the Coast and Geodetic Survey: (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 1374, 1375, and 1376 (a). (4) Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401. (5) Chapter 73, Annuities Based on Retired or Retainer Pay. (6) Chapter 75, Death Benefits. (7) Section 2771, Final settlement of accounts: deceased members. (8) Sections 2731, 2732, and 2735, property loss incident to service. (9) Such other provisions of subtitle A as may be adopted for applicability to the Coast and Geodetic Survey by any other provision of law. (10) Chapter 40, Leave. (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 Coast and Geodetic Survey, by the Secretary of Commerce or his designee. (As amended Aug. 14, 1959, Pub. L. 86-160, § 2, 73 Stat. 358; Sept. 14, 1961, Pub. L. 87233, 4, 75 Stat. 507; Sept. 7, 1962, Pub. L. 87-649, § 9(a), 76 Stat. 495; Oct. 2, 1963, Pub. L. 88-132, § 5(k), 77 Stat. 214.) AMENDMENTS 1963-Subsec. (b). Pub. L. 88-132 included reference to the Secretary of Defense. 1962 Subsec. (a). Pub. L. 87-649 added cl. (10). 1961-Subsec. (a). Pub. L. 87-233 added clause (8) and redesignated former clause (8) as (9). 1959 Subsec. (a). Pub. L. 86-160 added clause (1) and renumbered former cls. (1)-(7) as (2)-(8). EFFECTIVE DATE OF 1963 AMENDMENT Amendment of section 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 of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. BACK PAYMENTS: VALIDATION; APPLICATION; LIMITATIONS; ACCOUNTABILITY OF DISBURSING OFFICERS; REGULATIONS Transportation and travel allowances to escorts for dependents of members, see sections 4-7 of Pub. L. 86-160, set out as a note under section 36 of Title 10, Armed Forces. § 860. Repealed. Pub. L. 87-649, § 14b, Sept. 7, 1962, 76 Stat. 499. Section, act May 18, 1920, ch. 190, § 11, 41 Stat. 603, made pay and allowances of naval officers applicable to Coast and Geodetic Survey generally. § 862. Repealed. Pub. L. 87-649, § 14b, Sept. 7, 1962, 76 Stat. 498. Section, acts Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1322; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 21, 1955, ch. 172, § 1, 69 Stat. 169; Sept. 26, 1961, Pub. L. 87-304, § 9(b), 75 Stat. 665, authorized commissioned officers of the Coast and Geodetic Survey to make assignments or allotments of their pay, and is now covered by section 706 of Title 37, Pay and Allowances of the Uniformed Services. § 864e. Repealed. Pub. L. 86-465, § 1, May 13, 1960, 74 Stat. 130. Section, acts June 6, 1942, ch. 383, 56 Stat. 328; Aug. 4, 1949, ch. 393, § 15, 63 Stat. 560; Oct. 12, 1949, ch. 681, title V, § 522(b), 63 Stat. 836, provided that certain commissioned officers of the Coast and Geodetic Survey who have been specially commended for performance of duty in actual combat prior to Dec. 31, 1946, shall, upon retirement, be placed upon the retired list one grade higher than the grade in which they were serving at the time of retirement. EFFECTIVE DATE OF REPEAL Section 2 of Pub. L. 86-465 provided that: "This Act [repealing this section] becomes effective on November 1, 1959." § 872. Extra compensation for recorder or instrument observer duties; compensation for oceanographic observations. CODIFICATION Section, Pub. L. 85-469, title I, § 101, June 25, 1958, 72 Stat. 229; Pub. L. 86-88, title I, § 101, July 13, 1959, 73 Stat. 202, which prescribed the rate of extra compensation for recorders, instrument observers and other Federal employees while making oceanographic observations or tending seismographs, was from an appropriation act and is omitted in view of section 873 of this title which authorizes the Secretary of Commerce to establish the rates of compensation for such personnel. Provisions of this section were repeated in Pub. L. 86-451, title I, § 101, May 13, 1960, 74 Stat. 94. § 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. (As amended Mar. 28, 1960, Pub. L. 86-397, § 1, 74 Stat. 11.) AMENDMENTS 1960-Pub. L. 86-397 substituted "Secretary of Commerce" for "Coast and Geodetic Survey" and "instrument observer or recorder" for "bombers or fathometer readers," included employees tending magnetographs, and authorized the Secretary to establish the rates of compensation. § 875. Powers of officers as notaries. In places where the Coast and Geodetic Survey is serving which are not within the jurisdiction of any one of the States of the continental United States, excluding Alaska, commanding officers of Coast and Geodetic Survey vessels, and such other officers of the Coast and Geodetic Survey 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 Coast and Geodetic Survey or in connection with the proper execution of the functions of that agency. (As amended July 12, 1960, Pub. L. 86-624, § 24, 74 Stat. 418.) AMENDMENTS 1960-Pub. L. 86-624 substituted "the States of the continental United States, excluding Alaska" for "the several States." SURVEYS § 883a. Surveys and other activties. 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 Director of the Coast and Geodetic Survey, hereinafter referred to as the Director, under direction of the Secretary of Commerce, is authorized to conduct the following activities: (1) Hydrographic and topographic surveys; (4) Field surveys for aeronautical charts; (5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude. (As amended Apr. 5, 1960, Pub. L. 86-409, 74 Stat. 16.) 1961-Subsec. (b). Pub. L. 87-87 increased the limitation on compensation for disability from "854" to "$70" per week. EFFECTIVE DATE OF 1961 AMENDMENT Section 4 of Pub. L. 87-87 provided that: "The amendments made by the foregoing provisions of this Act [amending subsec. (b) of this section and sections 909(e) and 914(m) of this title] shall become effective as to injuries or death sustained on or after the date of enactment [July 14, 1961]." $ 907. Medical services and supplies. (a) The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus, for such period as the nature of the injury or the process of recovery may require. (b) The employee shall have the right to choose an attending physician from a panel of physicians to be named by the employer subject to the provisions of subsection (c) of this section. If, due to the nature of the injury, the employee is unable to select his physician from a panel and the nature of the injury requires immediate medical treatment and care, the employer shall select a physician for him from the panel. Nothing contained in this section shall limit the right of the employee to make a second choice of physician from such panel. The deputy commissioner may, under rules prescribed by the Secretary, permit an injured employee to select a physician not on the panel when specialized services are needed or in unusual circumstances. The deputy commissioner shall have authority to determine the necessity, character, and sufficiency of any medical aid furnished or to be furnished and shall have authority to order a change of physicians or hospitals when in his judgment such change is desirable or necessary. (c) The deputy commissioner shall approve the qualifications of the panel of physicians named by the employer and shall determine the number of physicians to be named. In determining the size of the panel, he shall take into account the number of competent, suitable, and impartial physicians conveniently available to the community in which the medical service is required. Every employer shall post the names and addresses of the physicians on his panel in such manner as to afford his employees reasonable notice thereof. (d) If the employer fails to provide the medical or other treatment, services, and supplies required to be furnished by subsection (a) of this section, after request by the injured employee, or fails to maintain a panel of physicians as required by subsection (c) of this section, or fails to permit the employee to choose an attending physician from such panel, such injured employee may procure such medical or other treatment, services, and supplies and select a physician to render treatment and services at the expense of the employer. The employee shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide the same; nor shall any claim for medical or surgical treatment be valid and enforceable, as against such employer, unless within twenty days following the first treatment the physician giving such treatment furnish to the employer and the deputy commissioner a report of such injury and treatment, on a form prescribed by the Commission. The deputy commissioner may, however, excuse the failure to furnish such report within twenty days when he finds it to be in the interest of justice to do so, and he may, upon application by a party in interest, make an award for the reasonable value of such medical or surgical treatment so obtained by the employee. If at any time during |