dreamproit/uscode huggingface dataset:
33 U.S.C. § 883l (NAVIGATION AND NAVIGABLE WATERS)
§ 883l. Contracts for surveying and mapping services
On and after February 20, 2003, the Secretary of Commerce may award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services in accordance with title IX of the Federal Property and Administrative Services Act of 1949.1
(Pub. L. 108–7, div. B, title II, § 206, Feb. 20, 2003, 117 Stat. 77.)
heading: References in Text
text: The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
heading: Prior Provisions
text: Similar provisions were contained in the following prior appropriation acts:
Pub. L. 107–77, title II, § 206, Nov. 28, 2001, 115 Stat. 778.
Pub. L. 106–553, § 1(a)(2) [title II, § 207], Dec. 21, 2000, 114 Stat. 2762, 2762A–79.
Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 208], Nov. 29, 1999, 113 Stat. 1535, 1501A–32.
Pub. L. 105–277, div. A, § 101(b) [title II, § 208], Oct. 21, 1998, 112 Stat. 2681–50, 2681–87.
Pub. L. 105–119, title II, § 208, Nov. 26, 1997, 111 Stat. 2480.
Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 209], Sept. 30, 1996, 110 Stat. 3009, 3009–41.
Pub. L. 104–134, title I, § 101(a) [title II, § 212], Apr. 26, 1996, 110 Stat. 1321, 1321–32.
33 U.S.C. § 884 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: References in Text
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.
heading: Codification
text: 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.
33 U.S.C. § 886, 887 (NAVIGATION AND NAVIGABLE WATERS)
§§ 886, 887. Repealed. June 21, 1955, ch. 172, § 5(1), (2), 69 Stat. 170
text: 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.
text: 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.
heading: Additional Repeal
text: 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.
33 U.S.C. § 888 (NAVIGATION AND NAVIGABLE WATERS)
§ 888. Omitted
heading: Codification
text: 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.
33 U.S.C. § 889, 890 (NAVIGATION AND NAVIGABLE WATERS)
§§ 889, 890. Repealed. June 21, 1955, ch. 172, § 5(5), 69 Stat. 170
text: 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.
text: 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.
33 U.S.C. § 891 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Short Title
text: 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.
33 U.S.C. § 891a (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: References in Text
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.
33 U.S.C. § 891c (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
33 U.S.C. § 891e–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 891e–1. Shipyards located outside of the United States
On and after December 26, 2007, none of the funds made available in this Act or any other Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States.
(Pub. L. 110–161, div. B, title V, § 506, Dec. 26, 2007, 121 Stat. 1925.)
heading: References in Text
text: This Act, referred to in text, is div. B of Pub. L. 110–161, Dec. 26, 2007, 121 Stat. 1884, known as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the NOAA Fleet Modernization Act which comprises this subchapter.
33 U.S.C. § 891f (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
33 U.S.C. § 891g (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
heading: Interoperability of Vessels
text: Pub. L. 102–567, title IV, § 401(b)(5), Oct. 29, 1992, 106 Stat. 4291, 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.”
33 U.S.C. § 891h (NAVIGATION AND NAVIGABLE WATERS)
§ 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.
(b) Limitation on fleet modernization activities
All National Oceanic and Atmospheric Administration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter.
(Pub. L. 102–567, title VI, § 610, Oct. 29, 1992, 106 Stat. 4303.)
33 U.S.C. § 892b (NAVIGATION AND NAVIGABLE WATERS)
§ 892b. Quality assurance program
(a) Definition
For purposes of this section, the term “hydrographic product” means any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data.
(b) Program
(1) In general
The Administrator—
(A) by not later than 2 years after December 19, 2002, shall, subject to the availability of appropriations, develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title;
(B) may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
(C) may charge a fee for such certification and use.
(2) Limitation on fee amount
Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title, including the cost of administering such a program.
(c) Limitation on liability
The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.
(d) Hydrographic Services Account
(1) Establishment
There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
(2) Content
The account shall consist of—
(A) amounts received by the United States as fees charged under subsection (b)(1)(C) of this section; and
(B) such other amounts as may be provided by law.
(3) Use
Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.
(e) Limitation on new fees and increases in existing fees for hydrographic services
After November 13, 1998, the Administrator may not—
(1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or
(2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44.
(Pub. L. 105–384, title III, § 304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107–372, title I, § 104(a), Dec. 19, 2002, 116 Stat. 3080.)
heading: Amendments
text: 2002—Subsec. (b)(1). Pub. L. 107–372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Administrator may—
“(A) develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title;
“(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
“(C) charge a fee for such certification and use.”
33 U.S.C. § 893b (NAVIGATION AND NAVIGABLE WATERS)
§ 893b. NOAA’s contribution to innovation
(a) Participation in interagency activities
The National Oceanic and Atmospheric Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the agency mission, including authorized activities.
(b) Historic foundation
In order to carry out the participation described in subsection (a), the Administrator of the National Oceanic and Atmospheric Administration shall build on the historic role of the National Oceanic and Atmospheric Administration in stimulating excellence in the advancement of ocean and atmospheric science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, technology, engineering, and mathematics.
(Pub. L. 110–69, title IV, § 4003, Aug. 9, 2007, 121 Stat. 600.)
33 U.S.C. § 904 (NAVIGATION AND NAVIGABLE WATERS)
§ 904. Liability for compensation
(a) Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. A subcontractor shall not be deemed to have failed to secure the payment of compensation if the contractor has provided insurance for such compensation for the benefit of the subcontractor.
(b) Compensation shall be payable irrespective of fault as a cause for the injury.
(Mar. 4, 1927, ch. 509, § 4, 44 Stat. 1426; Pub. L. 98–426, § 4(a), Sept. 28, 1984, 98 Stat. 1641.)
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–426 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor unless the subcontractor has secured such payment.”
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after Sept. 28, 1984, and to claims pending on that date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.
33 U.S.C. § 911 (NAVIGATION AND NAVIGABLE WATERS)
§ 911. Guardian for minor or incompetent
The deputy commissioner may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this chapter and to exercise the powers granted to or to perform the duties required of such person under this chapter.
(Mar. 4, 1927, ch. 509, § 11, 44 Stat. 1431.)
33 U.S.C. § 915 (NAVIGATION AND NAVIGABLE WATERS)
§ 915. Invalid agreements
(a) No agreement by an employee to pay any portion of premium paid by his employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.
(b) No agreement by an employee to waive his right to compensation under this chapter shall be valid.
(Mar. 4, 1927, ch. 509, § 15, 44 Stat. 1434.)
33 U.S.C. § 916 (NAVIGATION AND NAVIGABLE WATERS)
§ 916. Assignment and exemption from claims of creditors
No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived.
(Mar. 4, 1927, ch. 509, § 16, 44 Stat. 1434.)
33 U.S.C. § 917 (NAVIGATION AND NAVIGABLE WATERS)
§ 917. Lien against compensation
Where a trust fund which complies with section 186(c) of title 29 established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.
(Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434; June 25, 1938, ch. 685, § 8, 52 Stat. 1167; Pub. L. 92–576, § 20(b), Oct. 27, 1972, 86 Stat. 1264; Pub. L. 95–598, title III, § 324, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 98–426, § 14, Sept. 28, 1984, 98 Stat. 1649.)
heading: Amendments
text: 1984—Pub. L. 98–426 struck out “(b)” before “Where a trust fund which complies”, substituted “covered under this chapter” for “entitled to compensation under this chapter”, and substituted “this chapter or under a settlement, the Secretary shall authorize” for “this chapter, the Secretary may authorize”.
1978—Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both.
1972—Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b).
1938—Act June 25, 1938, amended section generally. Prior to amendment, section read as follows: “Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
heading: Effective Date of 1972 Amendment
text: Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.
33 U.S.C. § 920 (NAVIGATION AND NAVIGABLE WATERS)
§ 920. Presumptions
In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary—
(a) That the claim comes within the provisions of this chapter.
(b) That sufficient notice of such claim has been given.
(c) That the injury was not occasioned solely by the intoxication of the injured employee.
(d) That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another.
(Mar. 4, 1927, ch. 509, § 20, 44 Stat. 1436.)
33 U.S.C. § 921a (NAVIGATION AND NAVIGABLE WATERS)
§ 921a. Appearance of attorneys for Secretary, deputy commissioner, or Board
Attorneys appointed by the Secretary shall represent the Secretary, the deputy commissioner, or the Board in any court proceedings under section 921 of this title or other provisions of this chapter except for proceedings in the Supreme Court of the United States.
(May 4, 1928, ch. 502, 45 Stat. 490; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 92–576, § 16, Oct. 27, 1972, 86 Stat. 1262.)
heading: Codification
text: Section was not enacted as part of the Longshore and Harbor Workers’ Compensation Act which comprises this chapter.
heading: Amendments
text: 1972—Pub. L. 92–576 substituted provisions for representation of the Secretary, the deputy commissioner, or the Board by attorneys appointed by the Secretary except for proceedings in the Supreme Court, for former provisions requiring the United States attorney in the judicial district in which the case is pending to appear as attorney or counsel on behalf of the Secretary of Labor or his deputy commissioner when either is a party to the case or interested, and to represent such Secretary or deputy in any court in which such case may be carried on appeal.
heading: Change of Name
text: Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney of the United States”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision note thereunder.
heading: Effective Date of 1972 Amendment
text: Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.