1995 U.S. Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17 - NATIONAL OCEAN SURVEY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 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 allowances.

(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.)

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 Stat. 768. See sections 3701(2) and (3) and 3721 of Title 31, Money and Finance.

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.

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).

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.

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.

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.

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 Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of section 3 of Pub. L. 85–861, which amended this section, see note set out under section 2771 of Title 10, Armed Forces.

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.

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.

1 See References in Text note below.