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the functions of the Coast Guard. 81st Congress, House Report No. 557.

AMENDMENTS

1970-Pub. L. 91-278 improved and clarified the text, substituting "on and under" for "upon" in clause preceding first semicolon; inserting "and under" after "life and property on" and deleting "on" after "the high seas and" in clause preceding second semicolon; and substituting "icebreaking" for "ice-breaking" and inserting ", under," after "promotion of safety on" in clause preceding third semicolon, respectively.

1961-Pub. L. 87-396 required the Coast Guard to engage in oceanographic research on the high seas and in waters subject to the jurisdiction of the United States. TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b)(1) of Title 49, Transportation. Section 1655(b)(2) of Title 49, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in this section. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees

of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer, the functions of the Coast Guard, and of the Commandant thereof. when the Coast Guard is operating as a part of the Navy under section 3 of this title.

CROSS REFERENCES

Aids to navigation authorized, see section 81 of this title.

Ice and derelict patrol, see section 738a of Title 46, Shipping.

Law enforcement, see section 89 (a) of this title. Safety of naval vessels, see section 91 of this title. Saving life and property, see section 88 of this title. § 94. Oceanographic research.

The Coast Guard shall conduct such oceanographic research, use such equipment or instruments, and collect and analyze such oceanographic data, in cooperation with other agencies of the Government, or not, as may be in the national interest. (Added Pub. L. 87-396, § 1, Oct. 5, 1961, 75 Stat. 827.)

3. Oceanographic Research Vessels 46 U.S.C. 441-445

§ 441. Exemption of oceanographic research vessels from inspection laws; definitions.

As used in sections 441 to 445 of this title

(1) the term "oceanographic research vessel" means a vessel which the Secretary of the department in which the Coast Guard is operating finds is being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic research, including, but not limited to, such studies pertaining to the sea as seismic, gravity meter and magnetic exploration and other marinc geophysical or geological surveys, atmospheric research, and biological research;

(2) the term "scientific personnel" means persons who are aboard a vessel solely for the purpose of engaging in scientific research, instructing, or receiving instruction, in oceanography or limnology.

(Pub. L. 89-99, § 1, July 30, 1965, 79 Stat. 424.) § 442. Vessel not considered passenger vessel.

-An oceanographic research vessel shall not be considered a passenger vessel, a vessel carrying passengers, or a passenger-carrying vessel under the provisions of the laws relating to the inspection and manning of merchant vessels by reason of the carriage of scientific personnel. (Pub. L. 89-99, § 2, July 30, 1965, 79 Stat. 424.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 441 of this title.

§ 443. Vessel not engaged in trade or commerce. An oceanographic research vessel shall not be deemed to be engaged in trade or commerce. (Pub. L. 89-99, § 3, July 30, 1965, 79 Stat. 424.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 441 of this title. § 444. Scientific personnel not considered seamen. Scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statutes and Act amendatory thereof or supplementary thereto. (Pub. L. 89-99, § 4, July 30, 1965, 79 Stat. 424.)

REFERENCES IN TEXT

Title 53 of the Revised Statutes, referred to in text. was comprised of sections 4501-4612 of the Revised Statutes and is now contained in sections 542a, 543, 545, 546. 561, 562, 564-571, 574-578, 591-597, 600, 660, 661-669. 674-679, 682-685, 701-703, 705-707, 709, 710 and 711-713 of this title. Sections 4602 and 4606 of the Revised Statutes, which were formerly classified to sections 704 and 708 of this title were repealed. See notes under such former sections 704 and 708.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441 of this title.

§ 445. Exemption by regulation.

If the Secretary of the department in which the Coast Guard is operating determines that the application to any oceanographic research vessel of any provision of title 52 or title 53 of the Revised Statutes, or Acts amendatory thereof or supplementary thereto, is not necessary in the performance of the mission of the vessel, he may by regulation exempt any such vessel from such provision, upon such terms and conditions as he may specify. (Pub. L. 89-99, § 5, July 30, 1965, 79 Stat. 424.)

REFERENCES IN TEXT

Titles 52 and 53 of the Revised Statutes, referred to in text, were comprised of sections 4399-4500 and 45014612 of the Revised Statutes and are now contained in sections 170, 214, 215, 222, 224, 224a, 226, 228, 229. 230

234, 239, 240, 361, 362, 364, 372, 375, 381, 391, 391a, 392, 393, 399, 400, 402-414, 416, 435, 436, 451-453, 460, 461, 462, 464, 467, 470-482, 489-498, 542a, 543, 545, 546, 561, 562, 564-571, 574-578, 591-597, 600, 660, 661-669, 674 679, 682-685, 701-703, 705-707, 709, 710 and 711— 713 of this title. Sections 4602 and 4606 of the Revised

Statutes, which were formerly classified to sections 704 and 708 of this title were repealed. See notes under such former sections 704 and 708.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 441 of this title.

Sec.

1101.

1102.

1103.

1104.

1105.

4. Marine Resources and Engineering Development Act of 1966

33 U.S.C. 1101-1108

Congressional declaration of policy and objectives. National Council on Marine Resources and Engi

neering Development.

(a) Establishment; composition; Chairman. (b) Executive appointments.

(c) Alternate presiding officer over Council meetings.

(d) Alternates for service on the Council.
(e) Personnel; civilian executive secretary.
(f) Termination date.

Executive responsibilities; utilization of staff, inter-
agency, and non-Government advisory arrange-
ments; consultation with agencies, solicitation of
views of non-Federal agencies.
Commission on Marine Science, Engineering, and
Resources.

(a) Establishment; composition; representation of interests; advisory members; Chairman and Vice Chairman.

(b) National oceanographic program based upon investigation and study of marine science; adequacy of marine science activities for meeting stated objectives.

(c) Compensation and travel expenses of members.

(d) Appointment and compensation of personnel including temporary services of experts or consultants.

(e) Powers and duties of Chairman.
(f) Financial and administrative services

of

General Services Administration; payment
for services; application of Administration
regulations for collection of indebtedness
of personnel resulting from erroneous pay-
ments and for administrative control of
funds.

(g) Information from Government agencies.
(h) Report to President and Congress; termina-
tion date.

International cooperation.

1106. Reports to Congress.

[blocks in formation]

§ 1101. Congressional declaration of policy and objectives.

(a) It is hereby declared to be the policy of the United States to develop, encourage, and maintain a coordinated, comprehensive, and long-range national program in marine science for the benefit of mankind to assist in protection of health and property, enhancement of commerce, transportation, and national security, rehabilitation of our commercial fisheries, and increased utilization of these and other resources.

(b) The marine science activities of the United States should be conducted so as to contribute to the following objectives:

(1) The accelerated development of the resources of the marine environment.

(2) The expansion of human knowledge of the marine environment.

(3) The encouragement of private investment enterprise in exploration, technological development, marine commerce, and economic utilization of the resources of the marine environment.

(4) The preservation of the role of the United States as a leader in marine science and resource development.

(5) The advancement of education and training in marine science.

(6) The development and improvement of the capabilities, performance, use, and efficiency of vehicles, equipment, and instruments for use in exploration, research, surveys, the recovery of resources, and the transmission of energy in the marine environment.

(7) The effective utilization of the scientific and engineering resources of the Nation, with close cooperation among all interested agencies, public and private, in order to avoid unnecessary duplication of effort, facilities, and equipment, or waste.

(8) The cooperation by the United States with other nations and groups of nations and international organizations in marine science activities when such cooperation is in the national interest. (Pub. L. 89-454, title I, § 2, June 17, 1966, 80 Stat. 203.)

SHORT TITLE

Pub. L. 89-454, title I, § 1, June 17, 1966, 80 Stat. 203, as renumbered and amended by section 2(a) of Pub. L. 89-688, Oct. 15, 1966, 80 Stat. 1001, provided that: "This title [enacting this subchapter] may be cited as the 'Marine Resources and Engineering Development Act of 1966'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1103, 1104 of this title.

§ 1102. National Council on Marine Resources and Engineering Development.

(a) Establishment; composition; Chairman.

There is hereby established, in the Executive Office of the President, the National Council on Marine Resources and Engineering Development (hereinafter called the "Council") which shall be composed of

(1) The Vice President, who shall be Chairman of the Council.

(2) The Secretary of State.
(3) The Secretary of the Navy.
(4) The Secretary of the Interior.
(5) The Secretary of Commerce.

(6) The Chairman of the Atomic Energy Commission.

(7) The Director of the National Science Foundation.

(8) The Secretary of Health, Education, and Welfare.

(9) The Secretary of Transportation.

(b) Executive appointments.

The President may name to the Council such other officers and officials as he deems advisable.

(c) Alternate presiding officer over Council meetings. The President shall from time to time designate one of the members of the Council to preside over meetings of the Council during the absence, disability, or unavailability of the Chairman.

(d) Alternates for service on the Council.

Each member of the Council, except those designated pursuant to subsection (b) of this section, may designate any officer of his department or agency appointed with the advice and consent of the Senate to serve on the Council as his alternate in his unavoidable absence.

(e) Personnel; civilian executive secretary.

The Council may employ a staff to be headed by a civilian executive secretary who shall be appointed by the President and shall receive compensation at a rate established by the President at not to exceed that of level II of the Federal Executive Salary Schedule. The executive secretary, subject to the direction of the Council, is authorized to appoint and fix the compensation of such personnel, including not more than seven persons who may be appointed without regard to civil service laws or chapter 51 and subchapter III of chapter 53 of title 5 and compensated at not to exceed the highest rate of grade 18 of the General Schedule as amended, as may be necessary to perform such duties as may be prescribed by the President.

(f) Termination date.

The provisions of this chapter with respect to the Council shall expire on June 30, 1971. (Pub. L. 89– 454, title I, § 3, June 17, 1966, 80 Stat. 204; Pub. L. 89-670, § 8(j), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90-242, § 2, Jan. 2, 1968, 81 Stat. 780; Pub. L. 90-15, § 1, May 23, 1969, 83 Stat. 10; Pub. L. 91-414, Sept. 25, 1970, 84 Stat. 865.)

REFERENCES IN TEXT

The civil service laws referred to in subsec. (e), are classified generally to Title 5, Government Organization and Employees.

Level II of the Federal Executive Salary Schedule and the General Schedule, referred to in subsec. (e), including the compensation schedule for such General Schedule, is classified to sections 5313 and 5332 of Title 5, respectively.

AMENDMENT

1970 Subsec. (f). Pub. L. 91-414 substituted "June 30, 1971" for "June 30, 1970".

1969 Subsec. (1). Pub. L. 91-15 substituted "June 30, 1970" for "June 30, 1969".

1968 Subsec. (1). Pub. L. 90-242 substituted "on June 30, 1969" for "one hundred and twenty days after the submission of the final report of the Commission pursuant to section 1104 (h) of this title".

1966 Subsec. (a) (9). Pub. L. 89-670 substituted "Secretary of Transportation" for "Secretary of the Treasury".

EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective 90 days after the Secretary of Transportation first takes office, or on any earlier date after Oct. 15, 1966, as the President prescribes and publishes in the Federal Register, see section 15(a) of Pub. L. 89-670, set out in the note under section 1651 of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1124 of this title. §1103. Executive responsibilities; utilization of staff, interagency, and non-Government advisory arrangements; consultation with agencies; solicitation of views of non-Federal agencies.

(a) In conformity with the provisions of section 1101 of this title, it shall be the duty of the President with the advice and assistance of the Council to

(1) survey all significant marine science activities, including the policies, plans, programs, and accomplishments of all departments and agencies of the United States engaged in such activities;

(2) develop a comprehensive program of marine science activities, including, but not limited to, exploration, description and prediction of the marine environment, exploitation and conservation of the resources of the marine environment, marine engineering, studies of air-sea interaction, transmission of energy, and communications, to be conducted by departments and agencies of the United States, independently or in cooperation with such non-Federal organizations as States, institutions and industry;

(3) designate and fix responsibility for the conduct of the foregoing marine science activities by departments and agencies of the United States;

(4) insure cooperation and resolve differences arising among departments and agencies of the United States with respect to marine science activities under this chapter, including differences as to whether a particular project is a marine science activity;

(5) undertake a comprehensive study, by contract or otherwise, of the legal problems arising out of the management, use, development, recovery, and control of the resources of the marine environment;

(6) establish long-range studies of the potential benefits to the United States economy, security, health, and welfare to be gained from marine resources, engineering, and science, and the costs involved in obtaining such benefits; and

(7) review annually all marine science activities conducted by departments and agencies of the United States in light of the policies, plans, programs, and priorities developed pursuant to this chapter.

(b) In the planning and conduct of a coordinated Federal program the President and the Council shall utilize such staff, interagency, and non-Government advisory arrangements as they may find necessary and appropriate and shall consult with departments and agencies concerned with marine science activities and solicit the views of non-Federal organizations and individuals with capabilities in marine sciences. (Pub. L. 89-454, title I, § 4, June 17, 1966. 80 Stat. 205; Pub. L. 89-688, § 2(b), Oct. 15, 1966, 80 Stat. 1001.)

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-688 in the introductory material preceding par. (1), substituted "section 2 of this title" for "section 2 of this Act", which, for purposes of codification had been changed to "section 1101 of this title."

§ 1104. Commission on Marine Science, Engineering, and Resources.

(a) Establishment; composition; representation of interests; advisory members; Chairman and Vice Chairman.

The President shall establish a Commission on Marine Science, Engineering, and Resources (in this subchapter referred to as the "Commission"). The Commission shall be composed of fifteen members appointed by the President, including individuals drawn from Federal and State governments, industry, universities, laboratories and other institutions engaged in marine scientific or technological pursuits, but not more than five members shall be from the Federal Government. In addition the Commission shall have four advisory members appointed by the President from among the Members of the Senate and the House of Representatives. Such advisory members shall not participate, except in an advisory capacity, in the formulation of the findings and recommendations of the Commission. The President shall select a Chairman and Vice Chairman from among such fifteen members. The Vice Chairman shall act as Chairman in the latter's absence.

(b) National oceanographic program based upon investigation and study of marine science; adequacy of marine science activities for meeting stated objectives.

The Commission shall make a comprehensive investigation and study of all aspects of marine science in order to recommend an overall plan for an adequate national oceanographic program that will meet the present and future national needs. The Commission shall undertake a review of existing and planned marine science activities of the United States in order to assess their adequacy in meeting the objectives set forth under section 1101 (b) of this title, including but not limited to the following:

(1) Review the known and contemplated needs for natural resources from the marine environment to maintain our expanding national economy.

(2) Review the surveys, applied research programs, and ocean engineering projects required to obtain the needed resources from the marine environment.

(3) Review the existing national research programs to insure realistic and adequate support for basic oceanographic research that will enhance human welfare and scientific knowledge.

(4) Review the existing oceanographic and ocean engineering programs, including education and technical training, to determine which programs are required to advance our national oceanographic competence and stature and which are not adequately supported.

(5) Analyze the findings of the above reviews, including the economic factors involved, and recommend an adequate national marine science program that will meet the present and future national needs without unnecessary duplication of effort.

(6) Recommend a Governmental organizational plan with estimated cost.

(c) Compensation and travel expenses of members. Members of the Commission appointed from outside the Government shall each receive $100 per diem when engaged in the actual performance of duties of the Commission and reimbursement of travel expenses, including per diem in lieu of subsistence, as authorized in section 73b-2 of Title 5, for persons employed intermittently. Members of the Commission appointed from within the Government shall serve without additional compensation to that received for their services to the Government but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized in sections 835 to 842 of Title 5.

(d) Appointment and compensation of personnel including temporary services of experts or consultants.

The Commission shall appoint and fix the compensation of such personnel as it deems advisable in accordance with the civil service laws and chapter 51 and subchapter III of chapter 53 of Title 5. In addition, the Commission may secure temporary and intermittent services to the same extent as is authorized for the departments by section 55a of Title 5 but at rates not to exceed $100 per diem for individuals. (e) Powers and duties of Chairman.

The Chairman of the Commission shall be responsible for (1) the assignment of duties and responsibilities among such personnel and their continuing supervision, and (2) the use and expenditures of funds available to the Commission. In carrying out the provisions of this subsection, the Chairman shall be governed by the general policies of the Commission with respect to the work to be accomplished by it and the timing thereof.

(f) Financial and administrative services of General Services Administration; payment for services; application of Administration regulations for collection of indebtedness of personnel resulting from erroneous payments and for administrative control of funds.

Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) may be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services: Provided, That the regulations of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments (section 46d of Title 5) shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Administrator for the administrative control of funds (section 665 (g) of Title 31) shall apply to appropriations of the Commission: And provided further, That the Commission shall not be required to prescribe such regulations. (g) Information from Government agencies.

The Commission is authorized to secure directly from any executive department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this chapter; and each such department,

agency, and instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information to the Commission, upon request made by the Chairman.

(h) Report to President and Congress; termination date.

The Commission shall submit to the President, via the Council, and to the Congress not later than twenty-four months after the establishment of the Commission as provided in subsection (a) of this section, a final report of its findings and recommendations. The Commission shall cease to exist thirty days after it has submitted its final report. (Pub. L. 89-454, title I, § 5, June 17, 1966, 80 Stat. 205; Pub. L. 89-688, § 2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 90-242, § 1, Jan. 2, 1968, 81 Stat. 780.)

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (d), are classified generally to Title 5, Government Organization and Employees.

CODIFICATION

The provisions of section 73b-2 of title5, referred to in this section, have been incorporated in revised title 5 section 5703.

The provsions of sections 835-842 of title 5, referred to in this section, have been incorporated in revised title 5 sections 5701 et seq.

The provisions of section 55a of the title 5, referred to in this section, have been incorporated in revised title 5 section 3109 (b).

The provisions of section 46d of title 5, referred to in this section, have been incorporated in revised title 5 section 5514(a) (c).

AMENDMENTS

1968 Subsec. (h). Pub. L. 90-242 substituted "twentyfour months" for "eighteen months". 1966-Subsec. (a). Pub. L. 89-688 substituted "this title", for "this Act", which, for purposes of codification, had been changed to "this subchapter".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1102 of this title.

§ 1105. International cooperation.

The Council, under the foreign policy guidance of the President and as he may request, shall coordinate a program of international cooperation in work done pursuant to this chapter, pursuant to agreements made by the President with the advice and consent of the Senate. (Pub. L. 89-454, title I, § 6, June 17, 1966, 80 Stat. 207.)

§ 1106. Reports to Congress.

(a) The President shall transmit to the Congress in January of each year a report, which shall include (1) a comprehensive description of the activities and the accomplishments of all agencies and departments of the United States in the field of marine science during the preceding fiscal year, and (2) an evaluation of such activities and accomplishments in terms of the objectives set forth pursuant to this chapter.

(b) Reports made under this section shall contain such recommendations for legislation as the President may consider necessary or desirable for the attainment of the objectives of this chapter, and shall contain an estimate of funding requirements of each agency and department of the United States for marine science activities during the succeeding fiscal year. (Pub. L. 89-454, title I, § 7, June 17, 1966, 80 Stat. 207.)

§ 1107. Definitions.

For the purposes of this subchapter, the term "marine science" shall be deemed to apply to oceanographic and scientific endeavors and disciplines, and engineering and technology in and with relation to the marine environment; and the term "marine environment" shall be deemed to include (a) the oceans, (b) the Continental Shelf of the United States, (c) the Great Lakes, (d) seabed and subsoil of the submarine areas adjacent to the coasts of the United States to the depth of two hundred meters, or beyond that limit, to where the depths of the superjacent waters admit of the exploitation of the natural resources of such areas, (e) the seabed and subsoil of similar submarine areas adjacent to the coasts of islands which comprise United States territory, and (f) the resources thereof (Pub. L. 89454, title I, § 8, June 17, 1966, 80 Stat. 208; Pub. L. 89-688, § 2(b), Oct. 15, 1966, 80 Stat. 1001.)

§ 1108. Authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out this subchapter, but sums appropriated for any one fiscal year shall not exceed $1,200,000. (Pub. L. 89-454, title I, § 9, June 17, 1966, 80 Stat. 208; Pub. L. 89688, § 2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 9115, § 2, May 23, 1969, 83 Stat. 10.)

5. National Sea Grant Colleges

33 U.S.C. 1121-1124

§ 1121. Congressional declaration of purpose. The Congress hereby finds and declares

(a) that marine resources, including animal and vegetable life and mineral wealth, constitute a far-reaching and largely untapped asset of immense potential significance to the United States; and

(b) that it is in the national interest of the United States to develop the skilled manpower, including scientists, engineers, and technicians, and the facilities and equipment necessary for the exploitation of these resources; and

(c) that aquaculture, as with agriculture on land, and the gainful use of marine resources can substantially benefit the United States, and ultimately the people of the world, by providing greater economic opportunities, including expanded employment and commerce; the enjoyment and use of our marine resources; new sources of food; and new means for the development of marine resources; and

(d) that Federal support toward the establishment, development, and operation of programs by sea grant colleges and Federal support of other

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