
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 653(b)]
[CITE: 33USC857a]

 
                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, as those provisions are in effect from 
time to time, apply also to the commissioned officer corps 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, 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,\1\ and 2735, property loss incident to 
    service.
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    \1\ See References in Text note below.
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        (9) Such other provisions of subtitle A as may be adopted for 
    applicability to the commissioned officer corps 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.
        (15) Section 1174a, 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).
        (16) Section 1052, Reimbursement for adoption expenses.

    (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 commissioned officer 
corps of the National Oceanic and Atmospheric Administration by the 
Secretary of Commerce or his designee.

(Aug. 10, 1956, ch. 1041, Sec. 3, 70A Stat. 619; Pub. L. 85-861, Sec. 3, 
Sept. 2, 1958, 72 Stat. 1546; Pub. L. 86-160, Sec. 2, Aug. 14, 1959, 73 
Stat. 358; Pub. L. 87-233, Sec. 4, Sept. 14, 1961, 75 Stat. 507; Pub. L. 
87-649, Sec. 9(a), Sept. 7, 1962, 76 Stat. 495; Pub. L. 88-132, 
Sec. 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88-431, Sec. 1(c)(1), 
Aug. 14, 1964, 78 Stat. 439; Pub. L. 89-538, Sec. 3(a), Aug. 14, 1966, 
80 Stat. 348; Pub. L. 92-425, Sec. 5, Sept. 21, 1972, 86 Stat. 713; Pub. 
L. 96-215, Sec. 1, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96-357, Sec. 4, 
Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96-513, title V, Sec. 507(f)(1), 
Dec. 12, 1980, 94 Stat. 2920; Pub. L. 98-94, title X, Sec. 1007(d), 
Sept. 24, 1983, 97 Stat. 662; Pub. L. 104-106, div. A, title V, 
Sec. 566(a), (b), Feb. 10, 1996, 110 Stat. 327; Pub. L. 105-85, div. A, 
title VI, Sec. 653(b), title X, Sec. 1073(f), Nov. 18, 1997, 111 Stat. 
1804, 1906.)

                       References in Text

    Section 2732 of title 10, referred to in subsec. (a)(8), was 
repealed by Pub. L. 88-558, Sec. 5(3), Aug. 31, 1964, 78 Stat. 768. See 
sections 3701(2) and (3) and 3721 of Title 31, Money and Finance.

                          Codification

    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, Sec. 1, Sept. 7, 1962, 76 
Stat. 451.


                               Amendments

    1997--Subsec. (a)(3). Pub. L. 105-85, Sec. 1073(f), struck out 
``1374,'' after ``1370,''.
    Subsec. (a)(16). Pub. L. 105-85, Sec. 653(b), added par. (16).
    1996--Subsec. (a). Pub. L. 104-106, Sec. 566(b)(2), substituted ``as 
those provisions are in effect from time to time'' for ``including 
changes in those rules made after August 10, 1956''.
    Pub. L. 104-106, Sec. 566(b)(1), substituted ``commissioned officer 
corps of the National Oceanic and Atmospheric Administration'' for 
``Coast and Geodetic Survey'' in introductory provisions and in par. 
(9).
    Subsec. (a)(15). Pub. L. 104-106, Sec. 566(a), added par. (15).
    Subsec. (b). Pub. L. 104-106, Sec. 566(b)(1), substituted 
``commissioned officer corps of the National Oceanic and Atmospheric 
Administration'' for ``Coast and Geodetic Survey''.
    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).


                    Effective Date of 1997 Amendment

    Section 653(c) of Pub. L. 105-85 provided that: ``The amendments 
made by this section [amending this section and section 213a of Title 
42, The Public Health and Welfare] shall apply only to adoptions that 
are completed on or after the date of the enactment of this Act [Nov. 
18, 1997].''


                    Effective Date of 1996 Amendment

    Section 566(d) of Pub. L. 104-106 provided that: ``This section 
[amending this section and enacting provisions set out as a note under 
section 1293 of Title 10, Armed Forces] shall apply only to members of 
the commissioned officer corps of the National Oceanic and Atmospheric 
Administration who are separated after September 30, 1995.''


                    Effective Date of 1980 Amendment

    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.


                    Effective Date of 1963 Amendment

    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.


                    Effective Date of 1962 Amendment

    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.


         Designation of Beneficiary Made Before January 1, 1956

    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.


             Rules and Regulations: Savings Deposit Benefits

    Regulations prescribed by the Secretary of Commerce concerning 
savings deposit benefits for Coast and Geodetic Survey (now National 
Oceanic and Atmospheric Administration) 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.


 Back Payments: Validation; Application; Limitations; Accountability of 
                    Disbursing Officers; Regulations

    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.
