(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) of this section shall be submitted on or before June 30 of each year, beginning with June 30, 1978.

(Pub. L. 95-63, § 4, July 5, 1977, 91 Stat. 266.)

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 section 857-9 of this title prior to repeal by section 7(a) of Pub. L. 95-63.

TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to 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 857-13, 857-17, 857-18 of this title.

§ 857-16. Compensation and travel expenses

Members of the Committee shall each be entitled to receive compensation not to exceed the daily rate for a GS-18 for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Committee. In addition, while away from their homes or regular places of business in the performance of the duties of the Committee, each member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 1 of title 5.

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

REFERENCES IN TEXT

Section 5703 of title 5, referred to in text, was amended generally by Pub. L. 94-22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b).

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 section 857-10 of this title prior to repeal by section 7(a) of Pub. L. 95-63.

'See References in Text note below.

AMENDMENTS

1981-Pub. L. 97-87 substituted "not to exceed the daily rate for a GS-18" for "of $100 per day".

TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to 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.

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 Pub. L. 101-509, set out in a note under section 5376 of Title 5.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 857-13, 857-17, 857-18 of this title.

§ 857-17. Interagency cooperation and assistance (a) Liaison

The head of each department or agency of the Federal Government concerned with marine and atmospheric matters shall designate a senior policy official to participate as observer in the work of the Committee and offer necessary assistance.

(b) Agency assistance

The Committee is authorized to request from the head of any department, agency, or independent instrumentality of the Federal Government any information and assistance it deems necessary to carry out the functions assigned under sections 857-13 to 857-18 of this title. The head of each such department, agency, or instrumentality is authorized to cooperate with the Committee, and, to the extent permitted by law, to furnish such information and assistance to the Committee upon request made by the Chairman, without reimbursement for such services and assistance.

(c) Administrative assistance

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

(Pub. L. 95-63, § 6, July 5, 1977, 91 Stat. 266.)

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

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 section 857-12 of this title prior to repeal by section 7(a) of Pub. L. 95-63.

AMENDMENTS

1981-Pub. L. 97-87 inserted provisions authorizing appropriations of not to exceed $555,000 for fiscal year ending Sept. 30, 1982, and provided that such sums as might be appropriated under authority of this section remain available until expended.

1979-Pub. L. 96-26 substituted provisions authorizing appropriations of $565,000 for fiscal year ending Sept. 30, 1980, and $600,000 for fiscal year ending Sept. 30, 1981, for provisions directing that sums appropriated under this section remain available until expended.

1978-Pub. L. 95-304 inserted provisions authorizing appropriations for fiscal year ending Sept. 30, 1979.

SECTION REFErred to in OTHER SECTIONS

This section is referred to in sections 857-13, 857-17 of this title.

§ 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 commissioned

officers of the National Oceanic and Atmospheric Administration:

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

ances.

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

(3) Chapter 69, Retired Grade, except sections 1370, 1374,1 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, and 2735, property loss incident to service.

(9) Such other provisions of subtitle A as may be adopted for applicability to the commissioned officers 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.

(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 National Oceanic and Atmospheric Administration by the Secretary of Commerce or his designee.

(Aug. 10, 1956, ch. 1041, § 3, 70A Stat. 619; Sept. 2, 1958, Pub. L. 85-861, § 3, 72 Stat. 1546; Aug. 14, 1959, Pub. L. 86-160, § 2, 73 Stat. 358; Sept. 14, 1961, Pub. L. 87-233, § 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; Aug. 14, 1964, Pub. L. 88-431, § 1(c)(1), 78 Stat. 439; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Aug. 14, 1966, Pub. L. 89-538, § 3(a), 80 Stat. 348; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Sept. 21, 1972, Pub. L. 92-425, § 5, 86 Stat. 713; Mar. 25, 1980, Pub. L. 96-215, § 1, 94 Stat. 123; Sept. 24, 1980, Pub. L. 96-357, § 4, 94 Stat. 1182; Dec. 12, 1980, Pub. L. 96-513, title V, § 507(f)(1), 94 Stat. 2920; Sept. 24, 1983, Pub. L. 98-94, title X, § 1007(d), 97 Stat. 662.)

REFERENCES IN TEXT

Section 1374 of title 10, referred to in subsec. (a)(3), was repealed by Pub. L. 103-337, div. A, title XVI, § 1662(k)(2), Oct. 5, 1994, 108 Stat. 3006. See sections 12771 to 12773 of Title 10, Armed Forces.

Section 2732 of title 10, referred to in subsec. (a)(8), was repealed by Pub. L. 88-558, § 5(3), Aug. 31, 1964, 78

'See References in Text note below.

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

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 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.

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.

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 amend ed 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 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.

§ 858. Rules and regulations when cooperating with military departments

The Secretary of Defense and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the National Oceanic and Atmospheric Administration in time of war, and for the cooperation of that service with the military departments in time of peace in preparation for its duties in war, which regulations shall not be effective unless approved by each of those Secretaries, and included therein may be rules and regulations for making reports and communications between a military department and the National Oceanic and Atmospheric Administration. (May 22, 1917, ch. 20, § 16, 40 Stat. 88; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Oct. 14, 1966, Pub. L. 89-657, § 1(2), 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

CODIFICATION

Section is part of section 16 of act May 22, 1917. Section 16 is also classified to sections 854, 855, 856 and 857 of this title.

AMENDMENTS

1966-Pub. L. 89-657 substituted the Secretary of Defense for the Secretary of the Army and the Secretary of the Navy as the Secretary designated to prescribe regulations jointly with the Secretary of Commerce, the Environmental Science Services Administration for the Coast and Geodetic Survey as the agency involved, and the military departments for the Department of the Army and the Navy Department as the departments with which the Environmental Science Services Administration shall cooperate.

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued the Department of the Army under the administrative supervision of a Secretary of the Army.

Navy officers

CROSS REFERENCES

Involuntary retirement generally, see sections 627 et seq. and 6383 of Title 10, Armed Forces. Voluntary retirement generally, see section 6321 et seq. of Title 10.

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

Section, act May 18, 1920, ch. 190, §§ 11 (proviso), 14, 41 Stat. 604, related to service credits in computing longevity pay of officers of the Coast and Geodetic Survey.

§§ 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, 56 Stat. 7, related to retirement of officers. See sections 853k, 8531 of this title. See, also, sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10, Armed Forces.

Section 864c, act Jan. 19, 1942, ch. 6, § 7, 56 Stat. 8, related to pay of officers retired upon recommendation of Personnel Board. See sections 8530 to 853q of this title.

§ 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, 56 Stat. 8; June 3, 1948, ch. 390, § 22(b), formerly § 21(b), 62 Stat. 300; renumbered § 22(b), Sept. 14, 1961, Pub. L. 87-233, § 1(f), 75 Stat. 506, related to rank or pay of officers retired for duty incurred disability. See sections 1201 et seq., 1371 et seq., and 1401 et seq. of Title 10, Armed Forces.

§ 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."

§ 865. Omitted

CODIFICATION

Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925, ch. 209, 43 Stat. 872; May 21, 1926, ch. 355, 44 Stat. 604, related to computation of length of service of officers and expired with the appropriation acts of which it was a part.

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

Section, act Jan. 31, 1925, ch. 121, 43 Stat. 802, related to seismological investigations. See section 883a of this title.

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

Section 867, act June 5, 1920, ch. 235, § 1, 41 Stat. 930, related to transfer of instruments to institutions. See sections 483 and 484 of Title 40, Public Buildings, Property, and Works.

Section 868, act July 1, 1918, ch. 113, § 1, 40 Stat. 688, related to purchase of supplies or procurement of services in the field. See section 5 of Title 41, Public Contracts.

§ 868a. Omitted

CODIFICATION

Section, act Jan. 19, 1942, ch. 6, § 10, 56 Stat. 8; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Oct. 14, 1966, Pub. L. 89-657, § 2, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to the purchase of commissary and quartermaster supplies by personnel from the National Oceanic and Atmospheric Administration, and has been superseded by Pub. L. 91-621, § 4, Dec. 31, 1970, 84 Stat. 1863, set out as section 857-4 of this title.

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

Section, act Apr. 26, 1939, ch. 92, § 2, 53 Stat. 620, as affected by 1939 Reorg. Plan No. I, §§ 201, 205, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, provided for medical, dental, etc., treatment of Coast and Geodetic Survey's personnel and their families. See section 253 of Title 42, The Public Health and Welfare.

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed this section, was renumbered § 711 by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, § 713 by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47, § 813 by act July 30, 1956, ch. 779, § 3(b), 70 Stat. 720, § 913 by Pub. L. 88-581, § 4(b), Sept. 4, 1964, 78 Stat. 919, § 1013 by Pub. L. 89-239, § 3(b), Oct. 5, 1965, 79 Stat. 931, § 1113 by Pub. L. 91-572, § 6(b), Dec. 24, 1970, 84 Stat. 1506, § 1213 by Pub. L. 92-294, § 3(b), May 16, 1972, 86 Stat. 137; § 1313 by Pub. L. 93-154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, § 7(b), Dec. 29, 1973, 87 Stat. 936.

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

Section, acts Jan. 19, 1942, ch. 6, § 9, 56 Stat. 8; Mar. 29, 1944, ch. 141, § 4, 58 Stat. 130; July 15, 1954, ch. 507, 15, 68 Stat. 481, provided for the payment of death gratuity to survivors of commissioned officers of the Coast and Geodetic Survey.

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, 57 Stat. 583, provided for reimbursement for property lost or destroyed in service while serving with the Navy. § 872. Omitted

CODIFICATION

Section, Pub. L. 86-451, title I, § 301, May 13, 1960, 74 Stat. 94, 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. See section 873 of this title, which authorizes the Secretary of Commerce to establish the rates of compensation for such personnel.