dreamproit/uscode huggingface dataset:
33 U.S.C. § 3045 (NAVIGATION AND NAVIGABLE WATERS)
§ 3045. Computation of retired pay
(a) Officers first becoming members before September 8, 1980
Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under section 1406(g) of title 10; by
(2) 2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired pay base.
(b) Officers first becoming members on or after September 8, 1980
Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under section 1407 of title 10; by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
(c) Treatment of full and fractional parts of months in computing years of service
(1) In general
In computing the number of years of service of an officer for the purposes of subsection (a) of this section—
(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1⁄12 of a year; and
(B) any remaining fractional part of a month shall be disregarded.
(2) Rounding
Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853o of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3046 (NAVIGATION AND NAVIGABLE WATERS)
§ 3046. Retired grade and retired pay
Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if—
(1) the officer’s 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
(2) unless retired for disability, the officer’s 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. 107–372, title II, § 246, Dec. 19, 2002, 116 Stat. 3090.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 853p and 857–2 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3047 (NAVIGATION AND NAVIGABLE WATERS)
§ 3047. Retired rank and pay held pursuant to other laws unaffected
Nothing in this subchapter shall prevent an officer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law.
(Pub. L. 107–372, title II, § 247, Dec. 19, 2002, 116 Stat. 3090.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853q of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3048 (NAVIGATION AND NAVIGABLE WATERS)
§ 3048. Continuation on active duty; deferral of retirement
The provisions of subchapter IV of chapter 36 of title 10 relating to continuation on active duty and deferral of retirement shall apply to commissioned officers of the Administration.
(Pub. L. 107–372, title II, § 248, Dec. 19, 2002, 116 Stat. 3090.)
33 U.S.C. § 3049 (NAVIGATION AND NAVIGABLE WATERS)
§ 3049. Recall to active duty
The provisions of chapter 39 of title 10 relating to recall of retired officers to active duty, including the limitations on such recalls, shall apply to commissioned officers of the Administration.
(Pub. L. 107–372, title II, § 249, Dec. 19, 2002, 116 Stat. 3090.)
33 U.S.C. § 3061 (NAVIGATION AND NAVIGABLE WATERS)
§ 3061. Cooperation with and transfer to military departments
(a) Transfers of resources and officers during national emergency
(1) Transfers authorized
The President may, whenever in the judgment of the President a sufficient national emergency exists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officers of the Administration as the President considers to be in the best interest of the country.
(2) Responsibility for funding of transferred resources and officers
After any such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which the transfer is made.
(3) Return of transferred resources and officers
Such transferred vessels, equipment, stations, and officers shall be returned to the Administration when the national emergency ceases, in the opinion of the President.
(4) Rule of construction
Nothing in this section shall be construed as transferring the Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent provided in this section.
(b) Limitation on transfer of officers
This section does not authorize the transfer of an officer of the Administration to a military department if the accession or retention of that officer in that military department is otherwise not authorized by law.
(c) Status of transferred officers
An officer of the Administration transferred under this section, shall, while under the jurisdiction of a military department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army, Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law.
(Pub. L. 107–372, title II, § 251, Dec. 19, 2002, 116 Stat. 3090.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 855 of this title prior to repeal by Pub. L. 107–372.
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(k) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3062 (NAVIGATION AND NAVIGABLE WATERS)
§ 3062. Relative rank of officers when serving with Army, Navy, or Air Force
When serving with the Army, Navy, or Air Force, an officer of the Administration shall rank with and after officers of corresponding grade in the Army, Navy, or Air Force of the same length of service in grade. Nothing in this subchapter shall be construed to affect or alter an officer’s rates of pay and allowances when not assigned to military duty.
(Pub. L. 107–372, title II, § 252, Dec. 19, 2002, 116 Stat. 3091.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 856 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3063 (NAVIGATION AND NAVIGABLE WATERS)
§ 3063. Rules and regulations when cooperating with military departments
(a) Joint regulations
The Secretary of Defense and the Secretary of Commerce shall jointly prescribe regulations—
(1) governing the duties to be performed by the Administration in time of war; and
(2) providing for the cooperation of the Administration with the military departments in time of peace in preparation for its duties in time of war.
(b) Approval
Regulations under subsection (a) of this section shall not be effective unless approved by each of those Secretaries.
(c) Communications
Regulations under subsection (a) of this section may provide procedures for making reports and communications between a military department and the Administration.
(Pub. L. 107–372, title II, § 253, Dec. 19, 2002, 116 Stat. 3091.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 858 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3071 (NAVIGATION AND NAVIGABLE WATERS)
§ 3071. Applicability of certain provisions of title 10
(a) Provisions made applicable to the corps
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 Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration.
(4) Section 1035, relating to deposits of savings.
(5) Section 1036, relating to transportation and travel allowances for escorts for dependents of members.
(6) Section 1052, relating to reimbursement for adoption expenses.
(7) Section 1174a, relating to 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).
(8) Chapter 61, relating to retirement or separation for physical disability.
(9) Chapter 69, relating to retired grade, except sections 1370, 1375, and 1376.
(10) Chapter 71, relating to computation of retired pay.
(11) Chapter 73, relating to annuities based on retired or retainer pay.
(12) Subchapter II of chapter 75, relating to death benefits.
(13) Section 2634, relating to transportation of motor vehicles for members on permanent change of station.
(14) Sections 2731 and 2735, relating to property loss incident to service.
(15) Section 2771, relating to final settlement of accounts of deceased members.
(16) Such other provisions of subtitle A of that title as may be adopted for applicability to the commissioned officer corps of the National Oceanic and Atmospheric Administration by any other provision of law.
(b) References
The authority vested by title 10 in the “military departments”, “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 Administration, by the Secretary of Commerce or the Secretary’s designee.
(Pub. L. 107–372, title II, § 261, Dec. 19, 2002, 116 Stat. 3091.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857a of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3072 (NAVIGATION AND NAVIGABLE WATERS)
§ 3072. Eligibility for veterans benefits and other rights, privileges, immunities, and benefits under certain provisions of law
(a) In general
Active service of officers of the Administration shall be deemed to be active military service for the purposes of all rights, privileges, immunities, and benefits under the following:
(1) Laws administered by the Secretary of Veterans Affairs.
(2) The Servicemembers Civil Relief Act [50 U.S.C. App. 501 et seq.].
(3) Section 410 of title 42, as in effect before September 1, 1950.
(b) Exercise of authority
In the administration of the laws and regulations referred to in subsection (a) of this section, with respect to the Administration, the authority vested in the Secretary of Defense and the Secretaries of the military departments and their respective departments shall be exercised by the Secretary of Commerce.
(Pub. L. 107–372, title II, § 262, Dec. 19, 2002, 116 Stat. 3092; Pub. L. 108–189, § 2(g), Dec. 19, 2003, 117 Stat. 2866.)
heading: References in Text
text: The Servicemembers Civil Relief Act, referred to in subsec. (a)(2), 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.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 857 and 857–3(a) of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2003—Subsec. (a)(2). Pub. L. 108–189 amended par. (2) generally substituting “The Servicemembers Civil Relief Act” for “The Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.)”.
33 U.S.C. § 3073 (NAVIGATION AND NAVIGABLE WATERS)
§ 3073. Medical and dental care
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. 107–372, title II, § 263, Dec. 19, 2002, 116 Stat. 3093.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–3(b) of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3074 (NAVIGATION AND NAVIGABLE WATERS)
§ 3074. 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 members of the Armed Forces.
(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) Surviving spouses’ rights
Rights extended to members of the uniformed services in this section are extended to their surviving spouses and to such others as are designated by the Secretary concerned.
(Pub. L. 107–372, title II, § 264, Dec. 19, 2002, 116 Stat. 3093.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–4 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3075 (NAVIGATION AND NAVIGABLE WATERS)
§ 3075. Authority to use appropriated funds for transportation and reimbursement of certain items
(a) Transportation of effects of deceased officers
In the case of an officer who dies on active duty, the Secretary may provide, from appropriations made available to the Administration, transportation (including packing, unpacking, crating, and uncrating) of personal and household effects of that officer to the official residence of record of that officer. However, upon application by the dependents of such an officer, such transportation may be provided to such other location as may be determined by the Secretary.
(b) Reimbursement for supplies furnished by officers to distressed and shipwrecked persons
Under regulations prescribed by the Secretary, appropriations made available to the Administration may be used to reimburse an officer for food, clothing, medicines, and other supplies furnished by the officer—
(1) for the temporary relief of distressed persons in remote localities; or
(2) to shipwrecked persons who are temporarily provided for by the officer.
(Pub. L. 107–372, title II, § 265, Dec. 19, 2002, 116 Stat. 3093.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 874 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3076 (NAVIGATION AND NAVIGABLE WATERS)
§ 3076. Presentation of United States flag upon retirement
(a) Presentation of flag upon retirement
Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer.
(b) Multiple presentations not authorized
An officer is not eligible for presentation of a flag under subsection (a) of this section if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
(c) No cost to recipient
The presentation of a flag under this section shall be at no cost to the recipient.
(Pub. L. 107–372, title II, § 266, Dec. 19, 2002, 116 Stat. 3093.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853v of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3103 (NAVIGATION AND NAVIGABLE WATERS)
§ 3103. Public information and outreach
(a) In general
The Secretary of Commerce, in consultation with other Federal agencies, and in cooperation with the National Sea Grant program, shall design and implement a program to disseminate information developed under the NOAA Oceans and Human Health Initiative, including research, assessments, and findings regarding the relationship between oceans and human health, on both a regional and national scale. The information, particularly with respect to potential health risks, shall be made available in a timely manner to appropriate Federal or State agencies, involved industries, and other interested persons through a variety of means, including through the Internet.
(b) Report
As part of this program, the Secretary shall submit to Congress an annual report reviewing the results of the research, assessments, and findings developed under the NOAA Oceans and Human Health Initiative, as well as recommendations for improving or expanding the program.
(Pub. L. 108–447, div. B, title IX, § 904, Dec. 8, 2004, 118 Stat. 2934.)
33 U.S.C. § 3104 (NAVIGATION AND NAVIGABLE WATERS)
§ 3104. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Oceans and Human Health Initiative, $60,000,000 for fiscal years 2005 through 2008. Not less than 50 percent of the amounts appropriated to carry out the initiative shall be utilized in each fiscal year to support the extramural grant and traineeship programs of the Initiative.
(Pub. L. 108–447, div. B, title IX, § 905, Dec. 8, 2004, 118 Stat. 2934.)
33 U.S.C. § 3201 (NAVIGATION AND NAVIGABLE WATERS)
§ 3201. Definitions
In this chapter:
(1) The term “Administration” means the National Oceanic and Atmospheric Administration.
(2) The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(Pub. L. 109–424, § 2, Dec. 20, 2006, 120 Stat. 2902; Pub. L. 109–479, title VIII, § 802, Jan. 12, 2007, 120 Stat. 3653.)
heading: Codification
text: Pub. L. 109–424 and title VIII of Pub. L. 109–479 enacted substantially identical sections. This section is based on the text of section 802 of Pub. L. 109–479.
heading: Short Title
text: Pub. L. 109–479, title VIII, § 801, Jan. 12, 2007, 120 Stat. 3653, provided that: “This title [enacting this chapter] may be cited as the ‘Tsunami Warning and Education Act’.”
Pub. L. 109–424, § 1, Dec. 20, 2006, 120 Stat. 2902, provided that: “This Act [enacting this chapter] may be cited as the ‘Tsunami Warning and Education Act’.”
33 U.S.C. § 3202 (NAVIGATION AND NAVIGABLE WATERS)
§ 3202. Purposes
The purposes of this chapter are—
(1) to improve tsunami detection, forecasting, warnings, notification, outreach, and mitigation to protect life and property in the United States;
(2) to enhance and modernize the existing Pacific Tsunami Warning System to increase coverage, reduce false alarms, and increase the accuracy of forecasts and warnings, and to expand detection and warning systems to include other vulnerable States and United States territories, including the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico areas;
(3) to improve mapping, modeling, research, and assessment efforts to improve tsunami detection, forecasting, warnings, notification, outreach, mitigation, response, and recovery;
(4) to improve and increase education and outreach activities and ensure that those receiving tsunami warnings and the at-risk public know what to do when a tsunami is approaching;
(5) to provide technical and other assistance to speed international efforts to establish regional tsunami warning systems in vulnerable areas worldwide, including the Indian Ocean; and
(6) to improve Federal, State, and international coordination for detection, warnings, and outreach for tsunami and other coastal impacts.
(Pub. L. 109–424, § 3, Dec. 20, 2006, 120 Stat. 2902; Pub. L. 109–479, title VIII, § 803, Jan. 12, 2007, 120 Stat. 3653.)
heading: Codification
text: Pub. L. 109–424 and title VIII of Pub. L. 109–479 enacted substantially identical sections. This section is based on the text of section 803 of Pub. L. 109–479.
33 U.S.C. § 3205 (NAVIGATION AND NAVIGABLE WATERS)
§ 3205. Tsunami research program
The Administrator shall, in consultation with other agencies and academic institutions, and with the coordinating committee established under section 3204(b) of this title, establish or maintain a tsunami research program to develop detection, forecast, communication, and mitigation science and technology, including advanced sensing techniques, information and communication technology, data collection, analysis, and assessment for tsunami tracking and numerical forecast modeling. Such research program shall—
(1) consider other appropriate research to mitigate the impact of tsunami;
(2) coordinate with the National Weather Service on technology to be transferred to operations;
(3) include social science research to develop and assess community warning, education, and evacuation materials; and
(4) ensure that research and findings are available to the scientific community.
(Pub. L. 109–424, § 6, Dec. 20, 2006, 120 Stat. 2907; Pub. L. 109–479, title VIII, § 806, Jan. 12, 2007, 120 Stat. 3658.)
heading: Codification
text: Pub. L. 109–424 and title VIII of Pub. L. 109–479 enacted substantially identical sections. This section is based on the text of section 806 of Pub. L. 109–479.