which describes the findings and recommendations of the Committee on Earth and Environmental Sciences, including recommendations for, or a description of actions to be taken toward

"(1) correcting the inadequacies in remote sensing capabilities;

"(2) improving the availability of remotely sensed data; and

"(3) achieving the major goals of satellite oceanography developed pursuant to subsection (a)(2)."

§ 883k. Acquisition of land for facilities

For fiscal year 1990 and hereafter funds appropriated under this heading shall be available for acquisition of land for facilities.

(Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 992.)

REFERENCES IN TEXT

Funds appropriated under this heading, referred to in text, refers to funds appropriated under the headings "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION" and "OPERATIONS, RESEARCH, AND FACILITIES" of title I, "Department of Commerce", of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990, Pub. L. 101-162.

§ 884. Power to use books, maps, etc., and to employ persons

The President is authorized, in executing the provisions of title 56 of the Revised Statutes relating to the coast survey, to use all maps, charts, books, instruments, and apparatus belonging to the United States, and to direct where the same shall be deposited, and to employ all persons in the land or naval service of the United States, and such astronomers and other persons as he shall deem proper. (R.S. § 4685.)

REFERENCES IN TEXT

Title 56 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 56 of the Revised Statutes, consisting of R.S. §§ 4681 to 4691 of the Revised Statutes, which are classified to sections 881 to 883 and 884 to 888 of this title. For complete classification of R.S. §§ 4681 to 4691 to the Code, see Tables.

CODIFICATION

Section was not enacted as part of act Aug. 6, 1947, ch. 504, 61 Stat. 787, which comprises this subchapter. R.S. 4685 derived from act July 10, 1832, ch. 191, § 2, 4 Stat. 571.

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 Repealed.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

Section, R.S. § 4686, related to use of public vessels on coast surveys. See section 883h of this title.

§§ 886, 887. Repealed. June 21, 1955, ch. 172, § 5(1), (2), 69 Stat. 170

Section 886, R.S. § 4687, related to employment of officers of Army and Navy in the work of surveying the coast of the United States.

Section 887, R.S. § 4688; acts Aug. 30, 1890, ch. 837, § 1, 26 Stat. 382; June 5, 1920, ch. 235, § 1, 41 Stat. 929, provided for allowance for subsistence to officers of Army and Navy while employed on coast survey service.

ADDITIONAL REPEAL

Sections were also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section 49(a) of act Aug. 10, 1956, provided in part that laws effective after Mar. 31, 1955, inconsistent with that act, should be considered as superseding it to the extent of the inconsistency.

§ 888. Omitted

CODIFICATION

Section, R.S. §§ 264, 4690; acts Feb. 14, 1903, ch. 552, §§ 4, 10, 32 Stat. 826, 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 5, 1920, ch. 235, § 1, 41 Stat. 929, relating to an annual statement on coast surveys by the Coast and Geodetic Survey [now the National Ocean Survey], was partially repealed by acts May 29, 1928, ch. 901, § 1(104), 45 Stat. 994; Aug. 7, 1946, ch. 770, § 1(5), 60 Stat. 866; and Aug. 30, 1954, ch. 1076, § 1(13), 68 Stat. 967. The provision relating to an annual statement of all expenditures by Coast and Geodetic Survey [now the National Ocean Survey] is covered by section 1519 of Title 15, Commerce and Trade.

§§ 889, 890. Repealed. June 21, 1955, ch. 172, § 5(5), 69 Stat. 170

Section 889, acts Mar. 4, 1909, ch. 313, § 1, 35 Stat. 1064; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, authorized cooperation with North Carolina State Fish Commission in survey of waters of State.

Section 890, acts Mar. 4, 1909, ch. 313, § 2, 35 Stat. 1065; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, provided for marking triangulation points of North Carolina

survey.

SUBCHAPTER III-NOAA FLEET

MODERNIZATION

§ 891. Definitions

In this subchapter, the term

(1) "NOAA" means the National Oceanic and Atmospheric Administration within the Department of Commerce.

(2) "NOAA fleet" means the fleet of research vessels owned or operated by NOAA.

(3) "Plan" means the NOAA Fleet Replacement and Modernization Plan described in section 891b of this title.

(4) "Secretary" means the Secretary of Commerce.

(5) "UNOLS" means University-National Oceanographic Laboratory System.

(Pub. L. 102-567, title VI, § 602, Oct. 29, 1992, 106 Stat. 4299.)

SHORT TITLE

For short title of this subchapter as the "NOAA Fleet Modernization Act", see section 601 of Pub. L. 102-567, set out as a Short Title of 1992 Amendment note under section 851 of this title.

§ 891a. Fleet replacement and modernization program The Secretary is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet.

(Pub. L. 102-567, title VI, § 603, Oct. 29, 1992, 106 Stat. 4300.)

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this Act", and was translated as reading "this

title", meaning title VI of Pub. L. 102-567, which enacted this subchapter, to reflect the probable intent of Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 891b of this title.

§ 891b. Fleet replacement and modernization Plan (a) In general

To carry out the program authorized in section 891a of this title, the Secretary shall develop and submit to Congress a replacement and modernization Plan for the NOAA fleet covering the years authorized under section 891h of this title. (b) Timing

The Plan required in subsection (a) of this section shall be submitted to Congress within 30 days of October 29, 1992, and updated on an annual basis.

(c) Plan elements

The Plan required in subsection (a) of this section shall include the following

(1) the number of vessels proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements;

(2) the number of vessels proposed to be constructed, leased, or chartered;

(3) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS;

(4) the number of vessels that will be made available to NOAA by the Secretary of the Navy, or any other federal1 official, and the terms and conditions for their availability;

(5) the proposed acquisition of modern scientific instrumentation for the NOAA fleet, including acoustic systems, data transmission positioning and communication systems, physical, chemical, and meteorological oceanographic systems, and data acquisition and processing systems; and

(6) the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet. (d) Contracting limitation

The Secretary may not enter into any contract for the construction, lease, or service life extension of a vessel of the NOAA fleet before the date of the submission to Congress of the Plan required in subsection (a) of this section. (Pub. L. 102-567, title VI, § 604, Oct. 29, 1992, 106 Stat. 4300.)

DEACTIVATION OF NOAA RESEARCH VESSELS Section 401(b)(4) of Pub. L. 102-567 provided that: "(A) Unless necessary for safety reasons, the Secretary of Commerce shall not deactivate the ALBATROSS IV (if active), until an equivalent replacement vessel is operational.

"(B) The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries [now Committee on Science] of the House of Representatives 60 days prior to the proposed deactivation of any other research vessel of the

So in original. Probably should be capitalized.

National Oceanic and Atmospheric Administration, if an equivalent replacement vessel will not become operational at the time of deactivation."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 891, 891c of this title.

§ 891c. Design of NOAA vessels (a) Design requirement

Except for the vessel designs identified under subsection (b) of this section, the Secretary, working through the Office of the NOAA Corps Operations and the Systems Procurement Office, shall

(1) prepare requirements for each class of vessel to be constructed or converted under the Plan; and

(2) contract competitively from nongovernmental entities with expertise in shipbuilding for vessel design and construction based on the requirements for each class of vessel to be acquired.

(b) Exception

The Secretary shall

(1) report to Congress identifying any existing vessel design or design proposal that meets the requirements of the Plan within 30 days after October 29, 1992, and shall promptly advise the Congress of any modification of these designs; and

(2) submit to Congress as part of the annual update of the Plan required in section 891b of this title, any subsequent existing vessel design or design proposals that meet the requirements of the Plan.

(Pub. L. 102-567, title VI, § 605, Oct. 29, 1992, 106 Stat. 4300.)

(2) Required findings

85-017 0-95-9: QL3

(A) a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments;

(B) a provision that specifies the term of effectiveness of the contract; and

(C) appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to subparagraph (B), the United States shall only be liable for the lesser of

(i) an amount specified in the contract for such a termination; or

(ii) amounts that

(I) were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract; and

(II) are unobligated on the date of the termination.

(b) Service contracts

Notwithstanding any other provision of law, the Secretary may enter into multiyear contracts for oceanographic research, fisheries research, and mapping and charting services to assist the Secretary in fulfilling NOAA missions. The Secretary may only enter into these contracts if

(1) the Secretary finds that it is in the public interest to do so;

(2) the contract is for not more than 7 years; and

(3)(A) the cost of the contract is less than the cost (including the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or

(B) NOAA vessels are not available or cannot provide those services.

(c) Bonding authority

Notwithstanding any other law, the Secretary may not require a contractor for the construction, alteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract.

(Pub. L. 102-567, title VI, § 606, Oct. 29, 1992, 106 Stat. 4301.)

§ 891e. Restriction with respect to certain shipyard

subsidies

(a) In general

The Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard.

(b) "Significant subsidy" defined

In this section, the term "significant subsidy" includes, but is not limited to, any of the following:

(1) Officially supported export credits.

(2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to

(A) grants;

(B) loans and loan guarantees other than those available on the commercial market; (C) forgiveness of debt;

(D) equity infusions on terms inconsistent with commercially reasonable investment practices; and

(E) preferential provision of goods and services.

(3) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures.

(4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises.

(5) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons or firms not engaged in shipbuilding or repair.

(6) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements.

(7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders.

(8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade or any other export subsidy that may be prohibited as a result of the Uruguay Round of trade negotiations.

(Pub. L. 102-567, title VI, § 607, Oct. 29, 1992, 106 Stat, 4302.)

§ 891f. Use of vessels

(a) Vessel agreements

In implementing the NOAA fleet replacement and modernization program, the Secretary

shall use excess capacity of UNOLS vessels where appropriate and may enter into memoranda of agreement with the operators of these vessels to carry out this requirement.

(b) Report to Congress

Within one year after October 29, 1992, the Comptroller General of the United States shall provide a report to Congress, in consultation with the Secretary, comparing the cost-efficiency, accounting, and operating practices of the vessels of NOAA, UNOLS, other Federal agencies, and the United States private sector in meeting the missions of NOAA.

(Pub. L. 102-567, title VI, § 608, Oct. 29, 1992, 106 Stat. 4303.)

§ 891g. Interoperability

The Secretary shall consult with the Oceanographer of the Navy regarding appropriate measures that should be taken, on a reimbursable basis, to ensure that NOAA vessels are interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels.

(Pub. L. 102-567, title VI, § 609, Oct. 29, 1992, 106 Stat. 4303.)

INTEROPERABILITY OF VESSELS

Section 401(b)(5) of Pub. L. 102-567 provided that: "The Secretary of Commerce shall consult with the Oceanographer of the Navy regarding appropriate cost effective and practical measures to allow vessels of the National Oceanic and Atmospheric Administration to be interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels."

§ 891h. Authorization of appropriations

(a) In general

There are authorized to be appropriated to the Secretary for carrying out this subchapter

(1) $50,000,000 for fiscal year 1993;

(2) $100,000,000 for fiscal year 1994; and (3) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997.

Sec.

907.

(c) Intoxication; willful intention to kill. (d) Small vessels.

(e) Credit for benefits paid under other laws.

Liability for compensation.

Exclusiveness of liability.

(a) Employer liability; failure of employer to secure payment of compensation.

(b) Negligence of vessel.

(c) Outer Continental Shelf.

Compensation.

(a) Time for commencement.

(b) Maximum rate of compensation.

(c) Applicability of determinations. Medical services and supplies.

(a) General requirement.

(b) Physician selection; administrative
supervision; change of physicians
and hospitals.

(c) Physicians and health care providers
not authorized to render medical
care or provide medical services.
(d) Request of treatment or services pre-
requisite to recovery of expenses;
formal report of injury and treat-
ment; suspension of compensation
for refusal of treatment or exami-
nation; justification.

(e) Physical examination; medical ques-
tions; report of physical impair-
ment; review or reexamination;

costs.

(f) Place of examination; exclusion of physicians other than examining physician of Secretary; good cause for conclusions of other physicians respecting impairment; examination by employer's physician; suspension of proceedings and compensation for refusal of examination.

(g) Fees and charges for examinations, treatment, or service; limitation; regulations.

(h) Third party liability.

(i) Physicians' ineligibility for subsection (e) physical examinations and reviews because of workmen's compensation claim employment or fee acceptance or participation.

(j) Procedure; judicial review.

(k) Refusal of treatment on religious

grounds.

Compensation for disability.

Compensation for death.

Determination of pay.

Guardian for minor or incompetent.

Notice of injury or death.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 891b of this title.

913.

Filing of claims.

(a) Time limitation.

(b) Form and content.

(c) Delivery requirements.

(d) Failure to give notice.

(a) Time to file.

(b) Failure to file.

(c) Effect on incompetents and minors.

(d) Tolling provision.

Payment of compensation.

(a) Manner of payment.

(b) Period of installment payments. (c) Notification of commencement suspension of payment.

or

(d) Right to compensation controverted. (e) Additional compensation for overdue installment payments payable without award.

Reports to Secretary.

(a) Time for sending; contents; copy to deputy commissioner.

(b) Additional reports.

(c) Use as evidence.

(d) Compliance by mailing.

(e) Penalty for failure or refusal to send report.

(f) Tolling provision.

Penalty for misrepresentation.

(a) Felony; fine; imprisonment.

(b) List of persons disqualified from representing claimants.

(c) False statements or representation to reduce, deny, or terminate benefits. Security for compensation.

Compensation for injuries where third persons are liable.

(a) Election of remedies.

(b) Acceptance of compensation operating as assignment.

(c) Payment into section 944 fund operating as assignment.

(d) Institution of proceedings or compromise by assignee.

(e) Recoveries by assignee.

(f) Institution of proceedings by person entitled to compensation.

(g) Compromise obtained by person entitled to compensation.

pensation.

(b) Avoiding payment of compensation. (c) Effect on other liability of employer. Administration by Secretary.

(a) Prescribing rules and regulations; ap-
pointing and fixing compensation
of employees; making expenditures.
(b) Establishing compensation districts.
(c) Furnishing information and assist-
ance; directing vocational rehabili-
tation.

Deputy commissioners.

(a) Appointment; use of personnel and facilities of boards, commissions, or other agencies; expenses and salaries.

(b) Appointment in Territories and District of Columbia; compensation.

(c) Transfers to other districts; tempo-
rary details.

(d) Maintaining offices.
(e) Records and papers.

(f) Conflict of interest.

Safety rules and regulations.

(a) Safe place of employment; installation of safety devices and safeguards.

(b) Studies and investigations by Secre