dure. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section is part of section 16 of act May 22, 1917. Section 16 is also classified to sections 854, 855, 857, and 858 of this title.

AMENDMENTS

1955-Act June 21, 1955, provided that officers of the Coast and Geodetic Survey shall rank with and after officers of the corresponding grade of the same length of service in grade.

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, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.

TERMINATION OF WAR And EmergenCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of sections 855, 856, 857, and 858 of this title, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by the Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 854a-1 of this title.

§ 857. Service for purposes of servicemen's and veterans' benefits

Active service of commissioned officers of the National Oceanic and Atmospheric Administration shall be deemed to be active military service for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen's Indemnity Act of 1951) and section 417 of title 42, and for the purposes of section 410 of title 42 as in effect prior to the Social Security Act Amendments of 1950. (May 22, 1917, ch. 20, § 16, 40 Stat. 88; Aug. 1, 1956, ch. 837, title V, § 501(d)(1), 70 Stat. 883; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; June 13, 1991, Pub. L. 102-54, § 13(m)(2), 105 Stat. 277.)

REFERENCES IN TEXT

The Servicemens' Indemnity Act of 1951, referred to in text, is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886.

Section 410 of title 42 as in effect prior to the Social Security Act Amendments of 1950, referred to in text,

means section 410 of Title 42, The Public Health and Welfare, as in effect prior to Sept. 1, 1950, which was the effective date of section 105 of act Aug. 28, 1950, ch. 809, title I, 64 Stat. 492, which struck out the former provisions of section 410.

CODIFICATION

Section is part of section 16 of Act May 22, 1917. Section 16 is also classified to sections 854, 855, 856 and 858 of this title.

AMENDMENTS

1991-Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for "Veterans' Administration".

1956-Act Aug. 1, 1956, substituted provision that active service of commissioned officers shall be deemed to be active military service for the purposes of all laws administered by the Veterans' Administration (except the Servicemen's Indemnity Act of 1951) and section 417 of title 42, and for the purposes of section 410 of title 42 as in effect prior to the Social Security Act Amendments of 1950 for former provision granting the benefit of all provisions of law relating to disability incurred in line of duty or loss of life to members of the Coast and Geodetic Survey while actually employed in active service under orders of the War or Navy Department.

EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY

Section 501(d)(2) of act Aug. 1, 1956, provided that: "The amendment made by this subsection [to this section] (A) shall apply only with respect to service performed on or after July 29, 1945, (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans' Readjustment Assistance Act of 1952 [section 901 et seq. of former Title 38, Pensions, Bonuses and Veterans' Relief), (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [section 402(i) of Title 42, The Public Health and Welfare], or under Veterans Regulation Numbered 9(a) [formerly classified to Chapter 12A of former title 38], for any death occur. ring prior to January 1, 1957, and (D) shall not be construed to authorize payment of any benefits for any period prior to January 1, 1957."

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, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of sections 855, 856, 857, and 858 of this title, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by the Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

§ 857-1. National Oceanic and Atmospheric Administration; definitions

Definitions listed in section 101 of title 10 apply to this Act, except as noted below:

(1) "active duty" means full-time duty in the active service of a uniformed service; (2) "Administration" means the National Oceanic and Atmospheric Administration;

(3) "grade" means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation;

(4) "officer" means a commissioned officer; (5) "Secretary" means the Secretary of Commerce;

(6) "Secretary concerned" is defined in section 101 of title 37;

(7) "uniformed services" is defined in section 101 of title 37.

(Pub. L. 91-621, § 1, Dec. 31, 1970, 84 Stat. 1863.)

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 91-621, Dec. 31, 1970, 84 Stat. 1863, as amended, which enacted sections 857-1 to 857-5 of this title, amended sections 1715g and 1715m of Title 12, Banks and Banking, and sections 101 and 3105 (now 5305) of Title 38, Veterans' Benefits, and enacted provisions set out as notes under this section and section 101 of Title 38. For complete classification of this Act to the Code, see Tables.

REPEALS

Section 8 of Pub. L. 91-621 provided that: "All provisions of law inconsistent with this Act [see References in Text note above] are hereby repealed."

§ 857-2. Retirement of officers; retired grade; retired pay; conditions: satisfactory service, length of service

Each officer retired pursuant to any provision of law shall be placed on the retired list with the highest grade satisfactorily held by him while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and he shall receive retired pay based on such highest grade: Provided, That his performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served, and, unless retired for disability, his length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that

grade.

(Pub. L. 91-621, § 2, Dec. 31, 1970, 84 Stat. 1863.)

§ 857-3. Service for purposes of certain rights, privileges, immunities, and benefits; exercise of authority by Secretary of Commerce

(a) Active service of officers of the Administration shall be deemed to be active military service in the armed forces of the United States for the purposes of all rights, privileges, immu

nities, and benefits now or hereafter provided by

(1) laws administered by the Secretary of Veterans Affairs;

(2) laws administered by the Interstate Commerce Commission; and

(3) the Soldiers' and Sailors' Civil Relief Act of 1940, as amended [50 App. U.S.C. 501 et seq.].

In the administration of these laws and regulations, with respect to the National Oceanic and Atmospheric Administration, the authority vested in the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force and their respective departments shall be exercised by the Secretary of Commerce.

(b) The Secretary may provide medical and dental care, including care in private facilities, for personnel of the Administration entitled to that care by law or regulation.

(Pub. L. 91-621, § 3, Dec. 31, 1970, 84 Stat. 1863; Pub. L. 98-498, title III, § 310(a), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 102-54, § 13(m)(3), June 13, 1991, 105 Stat. 277.)

REFERENCES IN TEXT

The Soldiers' and Sailors' Civil Relief Act of 1940, as amended, referred to in subsec. (a)(3), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended, which is classified to section 501 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see section 501 of Title 50, Appendix, and Tables.

AMENDMENTS

1991-Subsec. (a)(1). Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for "Veterans' Administration".

1984-Pub. L. 98-498 designated existing provisions as subsec. (a) and added subsec. (b).

§ 857-4. Commissary privileges (a) Extension of privilege

Commissioned officers, ships' officers, and members of crews of vessels of the Administration shall be permitted to purchase commissary and quartermaster supplies as far as available from the armed forces at the prices charged officers and enlisted men of those services.

(b) Sales of rations, stores, uniforms, and related equipment

The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel assigned to such ships or shore stations. Sales shall be in accordance with regulations prescribed by the Secretary, and proceeds therefrom shall, as far as is practicable, fully reimburse the appropriations charged without regard to fiscal year.

(c) Widows' rights

Rights extended to members of the uniformed services in this section are extended to their widows and to such others as are designated by the Secretary concerned.

(Pub. L. 91-621, § 4, Dec. 31, 1970, 84 Stat. 1863.)

PRIOR PROVISIONS

Provisions contained in subsec. (a) were formerly contained in section 868a of this title.

§ 857-5. General provisions

(a) Statutes applicable to officers of the Environmental Science Services Administration; service in Coast and Geodetic Survey as service in such Administration

All statutes that applied to commissioned officers of the Coast and Geodetic Survey on July 12, 1965, shall apply to officers of the Environmental Science Services Administration on that date and subsequent thereto, unless amended or repealed, and service as a commissioned officer in the Coast and Geodetic Survey shall constitute service as a commissioned officer in the Environmental Science Services Administra

tion.

(b) Statutes applicable to officers of the Environmental Science Services Administration; service in certain agencies as service in the National Oceanic and Atmospheric Administration

All statutes that applied to commissioned officers of the Coast and Geodetic Survey on July 12, 1965, and to commissioned officers of the Environmental Science Services Administration subsequent to that date shall apply to officers of the National Oceanic and Atmospheric Administration on October 3, 1970, and subsequent thereto, unless amended or repealed, and service as a commissioned officer in the Coast and Geodetic Survey or the Environmental Science Services Administration shall constitute service as a commissioned officer in the National Oceanic and Atmospheric Administration. (c) Change in pay or allowances

The enactment of this Act does not increase or decrease the pay or allowances of any person.

(d) References in other laws, regulations, and orders

A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provisions enacted by this Act.

(e) Rules, regulations, and orders; continuing effect

An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provisions enacted by this Act until repealed, amended, or superseded.

(f) Construction of provisions; arrangement and headings

An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.

(g) Separability

If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.

(Pub. L. 91-621, § 5, Dec. 31, 1970, 84 Stat. 1864.)

REFERENCES IN TEXT

This Act, referred to in subsecs. (c) to (g), means Pub. L. 91-621, Dec. 31, 1970, 84 Stat. 1863, as amended, which enacted sections 857-1 to 857-5 of this title, amended sections 1715g and 1715m of Title 12, Banks and Banking, and sections 101 and 3105 (now 5305) of Title 38, Veterans' Benefits, and enacted provisions set out as notes under section 857-1 of this title and section 101 of Title 38. For complete classification of this Act to the Code, see Tables.

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

Section 857-6, Pub. L. 92-125, § 1, Aug. 16, 1971, 85 Stat. 344, established National Advisory Committee on Oceans and Atmosphere. See section 857-13 of this title.

Section 857-7, Pub. L. 92-125, § 2, Aug. 16, 1971, 85 Stat. 344, provided for membership, terms of office, duties, and Chairman and Vice Chairman of Committee. See section 857-14 of this title.

Section 857-8, Pub. L. 92-125, § 3, Aug. 16, 1971, 85 Stat. 344, provided for designation of a senior policy official of Federal departments and agencies to assist Committee. See section 857-17(a) of this title.

Section 857-9, Pub. L. 92-125, § 4, Aug. 16, 1971, 85 Stat. 344; Pub. L. 94-69, § 2, Aug. 5, 1975, 89 Stat. 384, provided for an annual report by Committee. See section 857-15 of this title.

Section 857-10, Pub. L. 92-125, § 5, Aug. 16, 1971, 85 Stat. 344, provided for compensation and travel expenses of Committee members. See section 857-16 of this title.

Section 857-11, Pub. L. 92-125, § 6, Aug. 16, 1971, 85 Stat. 345, provided for assistance to Committee by Federal departments and agencies. See section 857-17 of this title.

Section 857-12, Pub. L. 92-125, § 7, Aug. 16, 1971, 85 Stat. 345; Pub. L. 92-567, Oct. 25, 1972, 86 Stat. 1181; Pub. L. 94-69, § 1, Aug. 5, 1975, 89 Stat. 384, authorized appropriations for operation of the Committee. See section 857-18 of this title.

§ 857-13. National Advisory Committee on Oceans and Atmosphere

There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in sections 857-13 to 857-18 of this title referred to as the "Committee").

(Pub. L. 95-63, § 2, July 5, 1977, 91 Stat. 265.)

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 section 857-6 of this title prior to repeal by section 7(a) of Pub. L. 95-63.

SHORT TITLE

For short title of Pub. L. 95-63, see section 1 of Pub. L. 95-63, set out as a note under section 851 of this title.

TRANSFER OF PERSONNEL, POSITIONS, RECORDS, AND

FUNDS

Section 7(b) of Pub. L. 95-63 provided that: “All personnel, positions, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions specified by the Act of August 16, 1971 [former sections 857-6 to 857-12 of

this title] (establishing an advisory committee on oceans and atmosphere), are hereby transferred to the National Advisory Committee on Oceans and Atmosphere established by this Act [sections 857-13 to 857-18 of this title]. The personnel transferred under this subsection shall be so transferred without reduction in classification or compensation except, that after such transfer, such personnel shall be subject to reductions in classification or compensation in the same manner, to the same extent, and according to the same procedure as other employees of the United States classified and compensated according to the General Schedule in title 5, United States Code."

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, terminate not later than the expiration of the 2year 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 section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-17, 857-18 of this title.

§ 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, atmosphericrelated 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 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 3year 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.

(Pub. L. 95-63, § 3, July 5, 1977, 91 Stat. 265; Pub. L. 95-304, § 1(1), June 29, 1978, 92 Stat. 347; Pub. L. 97-87, § 1(1), Dec. 1, 1981, 95 Stat. 1134.)

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 section 857-7 of this title prior to repeal by section 7(a) of Pub. L. 95-63.

AMENDMENTS