dreamproit/uscode huggingface dataset:
31 U.S.C. § 9310 (MONEY AND FINANCE)
§ 9310. Individual sureties
If another applicable Federal law or regulation permits the acceptance of a bond from a surety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the surety, the assets pledged by such surety shall—
(1) consist of eligible obligations described under section 9303(a); and
(2) be submitted to the official of the Government required to approve or accept the bond, who shall deposit the obligations as described under section 9303(b).
(Added Pub. L. 114–92, div. A, title VIII, § 874(a)(1), Nov. 25, 2015, 129 Stat. 940.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 1 year after Nov. 25, 2015, see section 874(c) of Pub. L. 114–92, set out as an Effective Date of 2015 Amendment note under section 694b of Title 15, Commerce and Trade.
31 U.S.C. § 9704 (MONEY AND FINANCE)
§ 9704. Pilot projects for managerial accountability and flexibility
(a) The Director of the Office of Management and Budget shall designate not less than five agencies as pilot projects in managerial accountability and flexibility for fiscal years 1995 and 1996. Such agencies shall be selected from those designated as pilot projects under section 1118 and shall reflect a representative range of Government functions and capabilities in measuring and reporting program performance.
(b) Pilot projects in the designated agencies shall include proposed waivers in accordance with section 9703 for one or more of the major functions and operations of the agency.
(c) The Director of the Office of Management and Budget shall include in the report to the President and to the Congress required under section 1118(c)—
(1) an assessment of the benefits, costs, and usefulness of increasing managerial and organizational flexibility, discretion, and authority in exchange for improved performance through a waiver; and
(2) an identification of any significant difficulties experienced by the pilot agencies in preparing proposed waivers.
(d) For purposes of this section the definitions under section 1115(f) 1 shall apply.
(Added Pub. L. 103–62, § 6(b), Aug. 3, 1993, 107 Stat. 290.)
heading: Editorial Notes
heading: References in Text
text: Section 1115(f), referred to in subsec. (d), was redesignated section 1115(g) of this title by Pub. L. 107–296, title XIII, § 1311(a)(2), Nov. 25, 2002, 116 Stat. 2290.
heading: Statutory Notes and Related Subsidiaries
heading: Construction
text: No provision or amendment made by Pub. L. 103–62 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 103–62, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 103–62, set out as a Construction of 1993 Amendment note under section 1101 of this title.
33 U.S.C. § 894d–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 894d–1. Investigation requirement
(a) Requirement to investigate
(1) In general
The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall ensure that each allegation of sexual harassment reported under section 894 of this title and each allegation of sexual assault reported under section 894a of this title is investigated thoroughly and promptly.
(2) Sense of Congress on commencement of investigation
It is the sense of Congress that the Secretary should ensure that an investigation of alleged sexual harassment reported under section 894 of this title or sexual assault reported under section 894a of this title commences not later than 48 hours after the time at which the allegation was reported.
(b) Notification of delay
In any case in which the time between the reporting of alleged sexual harassment or sexual assault under section 894 of this title or 894a of this title, respectively, and commencement of an investigation of the allegation exceeds 48 hours, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives of the delay.
(Pub. L. 114–328, div. C, title XXXV, § 3546, as added Pub. L. 116–259, title V, § 504(b)(2), Dec. 23, 2020, 134 Stat. 1180.)
heading: Prior Provisions
text: A prior section 3546 of Pub. L. 114–328 was renumbered section 3548 and is classified to section 894e of this title.
33 U.S.C. § 894d–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 894d–2. Criminal referral
If the Secretary of Commerce finds, pursuant to an investigation under section 894d–1 of this title, evidence that a crime may have been committed, the Secretary shall refer the matter to the appropriate law enforcement authorities, including the appropriate United States Attorney.
(Pub. L. 114–328, div. C, title XXXV, § 3547, as added Pub. L. 116–259, title V, § 504(b)(2), Dec. 23, 2020, 134 Stat. 1180.)
heading: Prior Provisions
text: A prior section 3547 of Pub. L. 114–328 was renumbered section 3549 and is classified to section 894f of this title.
33 U.S.C. § 894e (NAVIGATION AND NAVIGABLE WATERS)
§ 894e. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration
(a) In general
Not later than January 15 of each year, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
(b) Contents
Each report submitted under subsection (a) shall include, with respect to the previous calendar year, the following:
(1) The number of alleged sexual assaults involving employees, members, and individuals described in subsection (a).
(2) A synopsis of each case and the disciplinary action taken, if any, in each case.
(3) The policies, procedures, and processes implemented by the Secretary, and any updates or revisions to such policies, procedures, and processes.
(4) A summary of the reports received by the Under Secretary for Oceans and Atmosphere under section 894(f) of this title.
(c) Privacy protection
In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the contents of the report.
(Pub. L. 114–328, div. C, title XXXV, § 3548, formerly § 3546, Dec. 23, 2016, 130 Stat. 2804, renumbered § 3548, Pub. L. 116–259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.)
33 U.S.C. § 894f (NAVIGATION AND NAVIGABLE WATERS)
§ 894f. Sexual assault defined
In this subchapter, the term “sexual assault” shall have the meaning given such term in section 12291(a) of title 34.
(Pub. L. 114–328, div. C, title XXXV, § 3549, formerly § 3547, Dec. 23, 2016, 130 Stat. 2805, renumbered § 3549, Pub. L. 116–259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.)
33 U.S.C. § 3001 (NAVIGATION AND NAVIGABLE WATERS)
§ 3001. Commissioned officer corps
There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
(Pub. L. 107–372, title II, § 211, Dec. 19, 2002, 116 Stat. 3082.)
heading: Short Title of 2020 Amendment
text: Pub. L. 116–259, § 1(a), Dec. 23, 2020, 134 Stat. 1153, provided that: “This Act [see Tables for classification] may be cited as the ‘National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020’.”
heading: Short Title
text: Pub. L. 107–372, title II, § 201, Dec. 19, 2002, 116 Stat. 3082, provided that: “This title [enacting this chapter, amending section 1406 of Title 10, Armed Services, and section 2396 of Title 22, Foreign Relations and Intercourse, repealing sections 853a to 853l, 853o, 853p to 853r, 853t to 854, 855, 856 to 857–5, 858, 864, and 874 of this title, amending provisions set out as a note under section 1293 of Title 10, and repealing provisions set out as notes under sections 853a and 857–1 of this title and section 101 of Title 38, Veterans’ Benefits] may be cited as the ‘National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002’.”
33 U.S.C. § 3002 (NAVIGATION AND NAVIGABLE WATERS)
§ 3002. Definitions
(a) Applicability of definitions in title 10
Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
(b) Additional definitions
In this chapter:
(1) Active duty
The term “active duty” means full-time duty in the active service of a uniformed service.
(2) Grade
The term “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.
(3) Officer
The term “officer” means an officer of the commissioned corps.
(4) Officer candidate
The term “officer candidate” means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 3021(a)(2)(A) of this title.
(5) Flag officer
The term “flag officer” means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).
(6) Secretary
The term “Secretary” means the Secretary of Commerce.
(7) Administration
The term “Administration” means the National Oceanic and Atmospheric Administration.
(Pub. L. 107–372, title II, § 212, Dec. 19, 2002, 116 Stat. 3082; Pub. L. 116–259, title III, § 305(c), Dec. 23, 2020, 134 Stat. 1173.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Subsec. (b)(4) to (7). Pub. L. 116–259 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
33 U.S.C. § 3004 (NAVIGATION AND NAVIGABLE WATERS)
§ 3004. Strength and distribution in grade
(a) Grades
The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy:
(1) Vice admiral.
(2) Rear admiral.
(3) Rear admiral (lower half).
(4) Captain.
(5) Commander.
(6) Lieutenant commander.
(7) Lieutenant.
(8) Lieutenant (junior grade).
(9) Ensign.
(b) Grade distribution
The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a).
(c) Annual computation of number in grade
(1) In general
Not less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade.
(2) Method of computation
The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made.
(3) Fractions
If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is one-half, the next higher whole number shall be taken.
(d) Temporary increase in numbers
The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number.
(e) Positions of importance and responsibility
Officers serving in positions designated under section 3028(a) of this title and officers recalled from retired status shall not be counted when computing authorized strengths under subsection (c) and shall not count against those strengths.
(f) Preservation of grade and pay
No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades.
(Pub. L. 107–372, title II, § 214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116–259, title I, § 101, Dec. 23, 2020, 134 Stat. 1154.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 amended section generally. Prior to amendment, section established strength and distribution of officers in grades.
33 U.S.C. § 3005 (NAVIGATION AND NAVIGABLE WATERS)
§ 3005. Number of authorized commissioned officers
(a) In general
The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500.
(b) Positions of importance and responsibility
Officers serving in positions designated under section 3028 of this title and officers recalled from retired status or detailed to an agency other than the Administration—
(1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and
(2) may not count against such number.
(Pub. L. 107–372, title II, § 215, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 110–386, § 6, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 116–259, title I, § 102(a), Dec. 23, 2020, 134 Stat. 1155.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to number of authorized commissioned officers effective Oct. 1, 2009.
2008—Pub. L. 110–386 amended section generally. Prior to amendment, section read as follows: “There are authorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration—
“(1) 270 officers for fiscal year 2003;
“(2) 285 officers for fiscal year 2004; and
“(3) 299 officers for fiscal year 2005.”
33 U.S.C. § 3006 (NAVIGATION AND NAVIGABLE WATERS)
§ 3006. Obligated service requirement
(a) In general
(1) Regulations
The Secretary shall prescribe the obligated service requirements for appointments, training, promotions, separations, continuations, and retirements of officers not otherwise covered by law.
(2) Written agreements
The Secretary and officers shall enter into written agreements that describe the officers’ obligated service requirements prescribed under paragraph (1) in return for such appointments, training, promotions, separations, continuations, and retirements as the Secretary considers appropriate.
(b) Repayment for failure to satisfy requirements
(1) In general
The Secretary may require an officer who fails to meet the service requirements prescribed under subsection (a)(1) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the training provided to that officer by the Secretary as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve.
(2) Obligation as debt to United States
An obligation to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States.
(3) Discharge in bankruptcy
A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (a)(2) does not discharge the individual signing the agreement from a debt arising under such agreement.
(c) Waiver or suspension of compliance
The Secretary may waive the service obligation of an officer who—
(1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or
(2) is—
(A) not physically qualified for appointment; and
(B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the officer’s own misconduct or grossly negligent conduct.
(Pub. L. 107–372, title II, § 216, as added Pub. L. 116–259, title I, § 103(a), Dec. 23, 2020, 134 Stat. 1155.)
33 U.S.C. § 3007 (NAVIGATION AND NAVIGABLE WATERS)
§ 3007. Training and physical fitness
(a) Training
The Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following:
(1) Carrying out training programs and correspondence courses, including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and such other training as the Secretary considers necessary for officer development and proficiency.
(2) Providing officers and officer candidates with educational materials.
(3) Acquiring such equipment as may be necessary for training and instructional purposes.
(b) Physical fitness
The Secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the Coast Guard.
(Pub. L. 107–372, title II, § 217, as added Pub. L. 116–259, title I, § 104(a), Dec. 23, 2020, 134 Stat. 1156.)
33 U.S.C. § 3009 (NAVIGATION AND NAVIGABLE WATERS)
§ 3009. Use of recruiting materials for public relations
The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer corps of the Administration. Any such use shall be under such conditions and subject to such restrictions as the Secretary shall prescribe.
(Pub. L. 107–372, title II, § 219, as added Pub. L. 116–259, title I, § 106(a), Dec. 23, 2020, 134 Stat. 1159.)
33 U.S.C. § 3029 (NAVIGATION AND NAVIGABLE WATERS)
§ 3029. Temporary appointments
(a) Appointments by President
Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
(b) Termination
A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.
(c) Order of precedence
Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary.
(d) Any one grade
When determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.
(Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087; Pub. L. 112–166, § 2(gg)(3), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 304(a), Dec. 23, 2020, 134 Stat. 1172.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853j–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 substituted “Temporary appointments” for “Temporary appointments and promotions generally” in section catchline and amended text generally. Prior to amendment, text related to temporary appointments and promotions.
2012—Pub. L. 112–166 struck out “alone” after “President” wherever appearing and, in subsec. (a), struck out “unless the Senate sooner gives its advice and consent to the appointment” before period at end of second sentence.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) 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. § 3034 (NAVIGATION AND NAVIGABLE WATERS)
§ 3034. Officer candidates
(a) Determination of number
The Secretary shall determine the number of appointments of officer candidates.
(b) Appointment
Appointment of officer candidates shall be made under regulations, which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer candidate before graduation from the basic officer training program of the Administration, and all other matters affecting such appointment.
(c) Dismissal
The Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidate’s term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
(d) Agreement
(1) In general
Each officer candidate shall sign an agreement with the Secretary in accordance with section 3006(a)(2) of this title regarding the officer candidate’s term of service in the commissioned officer corps of the Administration.
(2) Elements
An agreement signed by an officer candidate under paragraph (1) shall provide that the officer candidate agrees to the following:
(A) That the officer candidate will complete the course of instruction at the basic officer training program of the Administration.
(B) That upon graduation from such program, the officer candidate—
(i) will accept an appointment, if tendered, as an officer; and
(ii) will serve on active duty for at least four years immediately after such appointment.
(e) Regulations
The Secretary shall prescribe regulations to carry out this section. Such regulations shall include—
(1) standards for determining what constitutes a breach of an agreement signed under subsection (d)(1); and
(2) procedures for determining whether such a breach has occurred.
(f) Repayment
An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 3006(b) of this title.
(Pub. L. 107–372, title II, § 234, as added Pub. L. 116–259, title III, § 305(a), Dec. 23, 2020, 134 Stat. 1172.)
33 U.S.C. § 3035 (NAVIGATION AND NAVIGABLE WATERS)
§ 3035. Procurement of personnel
The Secretary may take such measures as the Secretary determines necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising.
(Pub. L. 107–372, title II, § 235, as added Pub. L. 116–259, title III, § 306(a), Dec. 23, 2020, 134 Stat. 1174.)