§ 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.

§ 854a–2. Pay and allowances; date of acceptance of promotion

Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941 , shall be deemed for all purposes to have accepted his promotion to higher grade upon the date such promotion is made by the President unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by section 3331 of title 5 , shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous.

§ 857–13. National Advisory Committee on Oceans and Atmosphere

There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in sections 857–13 to 857–18 of this title referred to as the “Committee”).

§ 857–14. Membership

• (a) The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President. Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in the following areas of direct concern to the Committee—
  • (1) one or more of the disciplines and fields included in marine science and technology, marine industry, marine-related State and local governmental functions, coastal zone management, or other fields directly appropriate for consideration of matters of ocean policy; or
  • (2) one or more of the disciplines and fields included in atmospheric science, atmospheric-related State and local governmental functions, or other fields directly appropriate for consideration of matters of atmospheric policy.
• (b)
  • (1) The term of office of a member of the Committee shall be 3 years; except that of the original appointees, 6 shall be appointed for a term to expire on July 1, 1979 , 6 shall be appointed for a term to expire on July 1, 1980 , and 6 shall be appointed for a term to expire on July 1, 1981 .
  • (2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be reappointed to the Committee for more than one additional 3-year term. A member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office. The terms of office for members first appointed after July 5, 1977 , shall begin on July 1, 1977 .
• (c) The President shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.
• (d) The Committee shall—
  • (1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone management, and the status of the marine and atmospheric science and service programs of the United States; and
  • (2) advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration.

§ 857–15. Reports

• (a) The Committee shall submit an annual report to the President and to the Congress setting forth an assessment, on a selective basis, of the status of the Nation’s marine and atmospheric activities, and shall submit such other reports as may from time to time be requested by the President or the Congress.
• (b) Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60 days after receipt thereof, transmit his or her comments and recommendations to the President and to the Congress.
• (c) The annual report required under subsection (a) shall be submitted on or before June 30 of each year, beginning with June 30, 1978 .

§ 857–16. Compensation and travel expenses

Members of the Committee shall each be entitled to receive compensation not to exceed the daily rate for a GS–18 for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Committee. In addition, while away from their homes or regular places of business in the performance of the duties of the Committee, each member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 1 1 See References in Text note below. of title 5.

§ 857–17. Interagency cooperation and assistance

• (a) The head of each department or agency of the Federal Government concerned with marine and atmospheric matters shall designate a senior policy official to participate as observer in the work of the Committee and offer necessary assistance.
• (b) The Committee is authorized to request from the head of any department, agency, or independent instrumentality of the Federal Government any information and assistance it deems necessary to carry out the functions assigned under sections 857–13 to 857–18 of this title. The head of each such department, agency, or instrumentality is authorized to cooperate with the Committee, and, to the extent permitted by law, to furnish such information and assistance to the Committee upon request made by the Chairman, without reimbursement for such services and assistance.
• (c) The Secretary of Commerce shall make available to the Committee such staff, information, personnel, and administrative services and assistance as may reasonably be required to carry out the provisions of sections 857–13 to 857–18 of this title.

§ 857–18. Authorization of appropriations

There are authorized to be appropriated for purposes of carrying out sections 857–13 to 857–18 of this title not to exceed $520,000 for the fiscal year ending September 30, 1978 , $572,000 for the fiscal year ending September 30, 1979 , $565,000 for the fiscal year ending September 30, 1980 , $600,000 for the fiscal year ending September 30, 1981 , and $555,000 for the fiscal year ending September 30, 1982 . Such sums as may be appropriated under this section shall remain available until expended.

§ 857–19. Biennial report

Beginning in September, 2001, the President shall transmit to the Congress biennially a report that includes a detailed listing of all existing Federal programs related to ocean and coastal activities, including a description of each program, the current funding for the program, linkages to other Federal programs, and a projection of the funding level for the program for each of the next 5 fiscal years beginning after the report is submitted.

§ 857–20. Coordination

Not later than February 15 of each year, the Under Secretary of Commerce for Oceans and Atmosphere and the Director of the National Science Foundation shall jointly submit to the Committees on Resources and Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on how the oceans and coastal research activities of the National Oceanic and Atmospheric Administration, including the Coastal Ocean Program and the National Sea Grant College Program, and of the National Science Foundation will be coordinated during the fiscal year following the fiscal year in which the report is submitted. The report shall describe in detail any overlapping ocean and coastal research interests between the agencies and specify how such research interests will be pursued by the programs in a complementary manner.

§ 853. Power to settle claims

The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed $2,500, occasioned, subsequent to June 5, 1920 , by acts for which the National Oceanic and Atmospheric Administration is responsible.

§ 854a. Service credit as deck officer or junior engineer for promotion purposes

For purposes of promotion which is now or may hereafter be authorized for officers appointed after June 30, 1922 , there shall be counted in addition to active commissioned service, service as deck officer and junior engineer.

§ 873. Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations

The Secretary of Commerce is authorized to pay extra compensation to members of crews of vessels when assigned duties as instrument observer or recorder, and to employees of other Federal agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates as may be specified from time to time by him and without regard to section 5533 of title 5 .

§ 875. Powers of officers as notaries

In places where the National Oceanic and Atmospheric Administration is serving which are not within the jurisdiction of any one of the States of the continental United States, excluding Alaska, commanding officers of National Oceanic and Atmospheric Administration vessels, and such other officers of the National Oceanic and Atmospheric Administration as the Secretary of Commerce may designate, may exercise the general powers of the notary public in the administration of oaths for the execution, acknowledgment, and attestation of instruments and papers, and the performance of all other notarial acts. The powers conferred shall be limited to acts performed in behalf of the personnel of the National Oceanic and Atmospheric Administration or in connection with the proper execution of the functions of that agency.

§ 876. Fees for notarial acts; prima facie evidence of authority

No fee of any kind shall be paid to any officer for the performance of any notarial act authorized by section 875 of this title . The signature without seal together with indication of grade of any officer performing any notarial act shall be prima facie evidence of his authority.

§ 877. Appropriations; advances from

Advances of money from available appropriations may be made to the National Ocean Survey and by authority of the Director thereof to chiefs of parties and accounts arising under such advances shall be rendered through and by the disbursing officer of the National Ocean Survey to the Government Accountability Office as under advances made to chiefs of parties prior to July 1, 1918 .

§ 878. Appropriations; purchases from

The Secretary of Commerce is authorized to purchase, from the appropriation for the National Ocean Survey, provisions, clothing, and small stores for the enlisted men, and food supplies for field parties working in remote localities, such provisions, clothing, small stores, and food supplies to be sold to the employees of said survey and the appropriation reimbursed.

§ 878a. Contract for development of a major program; costs; Major Program Annual Report for satellite development program

• (a) For purposes of this section—
  • (1) the term “Under Secretary” means Under Secretary of Commerce for Oceans and Atmosphere;
  • (2) the term “appropriate congressional committees” means—
    • (A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and
    • (B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives;
  • (3) the term “satellite” means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA);
  • (4) the term “development” means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216–108, Department of Commerce Administrative Order 208–3, and NASA’s Procedural Requirements 7120.5c, dated March 22, 2005 ;
  • (5) the term “development cost” means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program;
  • (6) the term “life-cycle cost” means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control;
  • (7) the term “major program” means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; and
  • (8) the term “baseline” means the program as set following contract award and preliminary design review of the space and ground systems.
• (b)
  • (1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that—
    • (A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;
    • (B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;
    • (C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce;
    • (D) the program has demonstrated a high likelihood of accomplishing its intended goals; and
    • (E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAA’s mission.
  • (2) The Under Secretary shall transmit a report describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program.
  • (3) The Under Secretary may not delegate the determination requirement under this subsection, except in cases in which the Under Secretary has a conflict of interest.
• (c)
  • (1) Annually, at the same time as the President’s annual budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be known as the Major Program Annual Report.
  • (2) The first Major Program Annual Report for NOAA’s satellite development program shall include a Baseline Report that shall, at a minimum, include—
    • (A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;
    • (B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;
    • (C) the schedule for development, including key program milestones;
    • (D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and
    • (E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.
  • (3) For the major program for which a Baseline Report has been submitted, subsequent Major Program Annual Reports shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.
• (d)
  • (1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under Secretary any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible, the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more.
  • (2) Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the change in the cost of the program for which notification was provided under paragraph (1).
  • (3) Not later than 15 days after the Under Secretary receives a written notification under paragraph (2), the Under Secretary shall transmit the notification to the appropriate congressional committees.
• (e) Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall—
  • (1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes—
    • (A) a description of the increase in cost and a detailed explanation for the increase;
    • (B) a description of actions taken or proposed to be taken in response to the cost increase; and
    • (C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; and
  • (2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—
    • (A) the projected cost and schedule for completing the program if current requirements of the program are not modified;
    • (B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and
    • (C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.
• (f) NOAA shall complete an analysis initiated under subsection (e)(2) not later than 6 months after the Under Secretary makes a determination under subsection (e). The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion.

§ 878b. Safety and health regulations for scientific and occupational diving

On and after March 11, 2009 , the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration.

§ 883a. Surveys and other activities

To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities:

• (1) Hydrographic and topographic surveys;
• (2) Tide and current observations;
• (3) Geodetic-control surveys;
• (4) Field surveys for aeronautical charts;
• (5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude.

§ 883b. Dissemination of data; further activities

In order that full public benefit may be derived from the operations of the National Ocean Survey by the dissemination of data resulting from the activities herein authorized and of related data from other sources, the Secretary of Commerce is authorized to conduct the following activities:

• (1) Analysis and prediction of tide and current data;
• (2) Processing and publication of data, information, compilations, and reports;
• (3) Compilation and printing of nautical charts;
• (4) Distribution of nautical charts and related navigational publications.

§ 883c. Geomagnetic data; collection, correlation, and dissemination

To provide for the orderly collection of geomagnetic data from domestic and foreign sources, and to assure that such data shall be readily available to Government and private agencies and individuals, the National Ocean Survey is designated as the central depository of the United States Government for geomagnetic data, and the Secretary of Commerce is authorized to collect, correlate, and disseminate such data.

§ 883d. Improvement of methods, instruments, and equipments; investigations and research

To improve the efficiency of the National Ocean Survey and to increase engineering and scientific knowledge, the Secretary of Commerce is authorized to conduct developmental work for the improvement of surveying and cartographic methods, instruments, and equipments; and to conduct investigations and research in geophysical sciences (including geodesy, oceanography, seismology, and geomagnetism).

§ 883e. Agreements for surveys and investigations; contribution of costs incurred by National Oceanic and Atmospheric Administration

• (1) The Secretary of Commerce is authorized to enter into cooperative agreements, or any other agreements, with, and to receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual, for surveys or investigations authorized herein, or for performing related surveying and mapping activities, including special-purpose maps, and for the preparation and publication of the results thereof.
• (2) The Secretary of Commerce is authorized to establish the terms of any agreement entered into under this section, including the amount of funds to be received, and may contribute that portion of the costs incurred by the National Oceanic and Atmospheric Administration, including shiptime and personnel expenses, which the Secretary determines represents the amount of benefits derived by the Administration from the agreement.

§ 883f. Contracts with qualified organizations

The Secretary of Commerce is authorized to contract with qualified organizations for the performance of any part of the authorized functions of the National Ocean Survey when he deems such procedure to be in the public interests.

§ 883h. Employment of public vessels

The President is authorized to cause to be employed such of the public vessels as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper in order to carry out the provisions of this subchapter.

§ 883i. Authorization of appropriations

There are authorized to be appropriated such funds as may be necessary to acquire, construct, maintain, and operate ships, stations, equipment, and facilities and for such other expenditures, including personal services at the seat of government and elsewhere and including the erection of temporary observatory buildings and lease of sites therefor, as may be necessary for the conduct of the activities herein authorized.

§ 883j. Ocean satellite data

The Administrator of the National Oceanic and Atmospheric Administration (hereinafter referred to in this subtitle 1 1 See References in Text note below. as the “Administration”) shall take such actions, including the sponsorship of applied research, as may be necessary to assure the future availability and usefulness of ocean satellite data to the maritime community.

§ 883k. Acquisition of land for facilities

For fiscal year 1990 and hereafter funds appropriated under this heading shall be available for acquisition of land for facilities.

§ 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 1 See References in Text note below.

§ 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.

§ 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.

§ 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.

§ 891b. Fleet replacement and modernization Plan

• (a) To carry out the program authorized in section 891a of this title , the Secretary shall develop and submit to Congress a replacement and modernization Plan for the NOAA fleet covering the years authorized under section 891h of this title .
• (b) The Plan required in subsection (a) shall be submitted to Congress within 30 days of October 29, 1992 , and updated on an annual basis.
• (c) The Plan required in subsection (a) shall include the following—
  • (1) the number of vessels proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements;
  • (2) the number of vessels proposed to be constructed, leased, or chartered;
  • (3) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS;
  • (4) the number of vessels that will be made available to NOAA by the Secretary of the Navy, or any other federal 1 1 So in original. Probably should be capitalized. official, and the terms and conditions for their availability;
  • (5) the proposed acquisition of modern scientific instrumentation for the NOAA fleet, including acoustic systems, data transmission positioning and communication systems, physical, chemical, and meteorological oceanographic systems, and data acquisition and processing systems; and
  • (6) the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet.
• (d) The Secretary may not enter into any contract for the construction, lease, or service life extension of a vessel of the NOAA fleet before the date of the submission to Congress of the Plan required in subsection (a).

§ 891c. Design of NOAA vessels

• (a) Except for the vessel designs identified under subsection (b), 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) 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.

§ 891d. Contract authority

• (a)
  • (1) Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and subsections (a) and (b) of section 6301 of title 41 , the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts.
  • (2) The Secretary may not enter into a contract pursuant to this subsection unless the Secretary finds with respect to that contract that—
    • (A) there is a reasonable expectation that throughout the contemplated contract period the Secretary will request from Congress funding for the contract at the level required to avoid contract termination; and
    • (B) the use of the contract will promote the best interests of the United States by encouraging competition and promoting economic efficiency in the operation of the NOAA fleet.
  • (3) The Secretary may not enter into a contract pursuant to this subsection unless the contract includes—
    • (A) a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments;
    • (B) a provision that specifies the term of effectiveness of the contract; and
    • (C) appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to subparagraph (B), the United States shall only be liable for the lesser of—
      • (i) an amount specified in the contract for such a termination; or
      • (ii) amounts that—
        • (I) were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract; and
        • (II) are unobligated on the date of the termination.
• (b) Notwithstanding any other provision of law, the Secretary may enter into multiyear contracts for oceanographic research, fisheries research, and mapping and charting services to assist the Secretary in fulfilling NOAA missions. The Secretary may only enter into these contracts if—
  • (1) the Secretary finds that it is in the public interest to do so;
  • (2) the contract is for not more than 7 years; and
  • (3)
    • (A) the cost of the contract is less than the cost (including the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or
    • (B) NOAA vessels are not available or cannot provide those services.
• (c) Notwithstanding any other law, the Secretary may not require a contractor for the construction, alteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract.

§ 891e. Restriction with respect to certain shipyard subsidies

• (a) The Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard.
• (b) In this section, the term “significant subsidy” includes, but is not limited to, any of the following:
  • (1) Officially supported export credits.
  • (2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to—
    • (A) grants;
    • (B) loans and loan guarantees other than those available on the commercial market;
    • (C) forgiveness of debt;
    • (D) equity infusions on terms inconsistent with commercially reasonable investment practices; and
    • (E) preferential provision of goods and services.
  • (3) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures.
  • (4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises.
  • (5) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons or firms not engaged in shipbuilding or repair.
  • (6) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements.
  • (7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders.
  • (8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19 , or any other export subsidy prohibited by that agreement.

§ 891f. Use of vessels

• (a) 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) 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.

§ 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.

§ 891h. Authorization of appropriations

• (a) 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) All National Oceanic and Atmospheric Administration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter.

§ 892. Definitions

In this subchapter:

• (1) The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
• (2) The term “Administration” means the National Oceanic and Atmospheric Administration.
• (3) The term “hydrographic data” means information that—
  • (A) is acquired through—
    • (i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying;
    • (ii) geodetic, geospatial, or geomagnetic measurements;
    • (iii) tide, water level, and current observations; or
    • (iv) other methods; and
  • (B) is used in providing hydrographic services.
• (4) The term “hydrographic services” means—
  • (A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;
  • (B) the development of nautical information systems; and
  • (C) related activities.
• (5) The term “Coast and Geodetic Survey Act” means the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 ( 33 U.S.C. 883a et seq.).

§ 892a. Functions of the Administrator

• (a) To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, the Administrator shall—
  • (1) acquire and disseminate hydrographic data and provide hydrographic services;
  • (2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services;
  • (3) promulgate standards for hydrographic services provided by the Administration;
  • (4) ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies;
  • (5) maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies;
  • (6) provide hydrographic services in uniform, easily accessible formats;
  • (7) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and
  • (8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (6) through contracts or other agreements with private sector entities.
• (b) To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, subject to the availability of appropriations, the Administrator—
  • (1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services;
  • (2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency; and 1 1 So in original. The word “and” probably should not appear.
  • (3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources;
  • (4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 741 of title 6 );
  • (5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this subchapter; and
  • (6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40. 2 2 See References in Text note below.
• (c) Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hydrographic data and services to support the conservation and management of coastal and ocean resources.

§ 892b. Quality assurance program

• (a) 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)
  • (1) 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) 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) 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)
  • (1) There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
  • (2) The account shall consist of—
    • (A) amounts received by the United States as fees charged under subsection (b)(1)(C); and
    • (B) such other amounts as may be provided by law.
  • (3) Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.
• (e) 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 .

§ 892c. Hydrographic Services Review Panel

• (a) No later than 1 year after December 19, 2002 , the Secretary shall establish the Hydrographic Services Review Panel.
• (b)
  • (1) The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in section 892a of this title and such other appropriate matters as the Administrator refers to the panel for review and advice.
  • (2) The Administrator shall make available to the panel such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties.
• (c)
  • (1)
    • (A) The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in 1 or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator.
    • (B) An individual may not be appointed as a voting member of the panel if the individual is a full-time officer or employee of the United States.
    • (C) Any voting member of the panel who is an applicant for, or beneficiary (as determined by the Secretary) of, any assistance under this subchapter shall disclose to the panel that relationship, and may not vote on any matter pertaining to that assistance.
  • (2)
    • (A) The term of office of a voting member of the panel shall be 4 years, except that of the original appointees, five shall be appointed for a term of 2 years, five shall be appointed for a term of 3 years, and five shall be appointed for a term of 4 years, as specified by the Administrator at the time of appointment.
    • (B) Any individual appointed to a partial or full term may be reappointed for one additional full term. A voting member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office.
  • (3) At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the panel.
  • (4)
    • (A) The panel shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman.
    • (B) The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman.
• (d) Voting members of the panel shall—
  • (1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5 when actually engaged in the performance of duties for such panel; and
  • (2) be reimbursed for actual and reasonable expenses incurred in the performance of such duties.
• (e) The panel shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Secretary.
• (f) The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b).

§ 892d. Authorization of appropriations

• (a) There are authorized to be appropriated to the Administrator the following:
  • (1) To carry out nautical mapping and charting functions under sections 892b and 892c of this title, except for conducting hydrographic surveys, $70,814,000 for each of fiscal years 2019 through 2023.
  • (2) To contract for hydrographic surveys under section 892b(b)(1) of this title , including the leasing or time chartering of vessels, $25,000,000 for each of fiscal years 2019 through 2023.
  • (3) To operate hydrographic survey vessels owned by the United States and operated by the Administration, $29,932,000 for each of fiscal years 2019 through 2023.
  • (4) To carry out geodetic functions under this subchapter, $26,800,000 for each of fiscal years 2019 through 2023.
  • (5) To carry out tide and current measurement functions under this subchapter, $30,564,000 for each of fiscal years 2019 through 2023.
  • (6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.
• (b) Of the amount authorized by this section for each fiscal year—
  • (1) $10,000,000 is authorized for use in the Arctic—
    • (A) to acquire hydrographic data;
    • (B) to provide hydrographic services;
    • (C) to conduct coastal change analyses necessary to ensure safe navigation;
    • (D) to improve the management of coastal change; and
    • (E) to reduce risks of harm to subsistence and coastal communities associated with increased international maritime traffic; and
  • (2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended Continental Shelf.
• (c) Of amounts authorized by this section for each fiscal year for contract hydrographic surveys, not more than 5 percent is authorized for administrative costs associated with contract management.

§ 893. Ocean and atmospheric research and development program

• (a) The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Director of the National Science Foundation and the Administrator of the National Aeronautics and Space Administration, shall establish a coordinated program of ocean, coastal, Great Lakes, and atmospheric research and development, in collaboration with academic institutions and other nongovernmental entities, that shall focus on the development of advanced technologies and analytical methods that will promote United States leadership in ocean and atmospheric science and competitiveness in the applied uses of such knowledge.
• (b) The Administrator shall implement programs and activities—
  • (1) to identify emerging and innovative research and development priorities to enhance United States competitiveness, support development of new economic opportunities based on NOAA research, observations, monitoring modeling, and predictions that sustain ecosystem services;
  • (2) to promote United States leadership in oceanic and atmospheric science and competitiveness in the applied uses of such knowledge, including for the development and expansion of economic opportunities; and
  • (3) to advance ocean, coastal, Great Lakes, and atmospheric research and development, including potentially transformational research, in collaboration with other relevant Federal agencies, academic institutions, the private sector, and nongovernmental programs, consistent with NOAA’s mission to understand, observe, and model the Earth’s atmosphere and biosphere, including the oceans, in an integrated manner.
• (c) No later than 12 months after January 4, 2011 , the Administrator, in consultation with the National Science Foundation or other such agencies with mature transformational research portfolios, shall develop and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology that describes NOAA’s strategy for enhancing transformational research in its research and development portfolio to increase United States competitiveness in oceanic and atmospheric science and technology. The report shall—
  • (1) define “transformational research”;
  • (2) identify emerging and innovative areas of research and development where transformational research has the potential to make significant and revolutionary – 1 1 So in original. advancements in both understanding and U.S. science leadership;
  • (3) describe how transformational research priorities are identified and appropriately – 1 balanced in the context of NOAA’s broader research portfolio;
  • (4) describe NOAA’s plan for developing a competitive peer review and priority-setting – 1 process, funding mechanisms, performance and evaluation measures, and transition-to-operation guidelines for transformational research; and
  • (5) describe partnerships with other agencies involved in transformational research.

§ 893a. NOAA ocean and atmospheric science education programs

• (a) The Administrator of the National Oceanic and Atmospheric Administration shall conduct, develop, support, promote, and coordinate formal and informal educational activities at all levels to enhance public awareness and understanding of ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. In conducting those activities, the Administrator shall build upon the educational programs and activities of the agency, with consideration given to the goal of promoting the participation of individuals identified in sections 1885a and 1885b of title 42 in STEM fields and in promoting the acquisition and retention of highly qualified and motivated young scientists to complement and supplement workforce needs.
• (b) The education programs developed by NOAA shall, to the extent applicable—
  • (1) carry out and support research based programs and activities designed to increase student interest and participation in STEM;
  • (2) improve public literacy in STEM;
  • (3) employ proven strategies and methods for improving student learning and teaching in STEM;
  • (4) provide curriculum support materials and other resources that—
    • (A) are designed to be integrated with comprehensive STEM education;
    • (B) are aligned with national science education standards;
    • (C) are designed considering the unique needs of underrepresented groups, translating such materials and other resources;
    • (D) promote the adoption and implementation of high-quality education practices that build toward college and career-readiness; and
    • (E) are promoted widely, especially among individuals identified in sections 1885a and 1885b of title 42; and
  • (5) create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improves the STEM content and knowledge of the teachers, including through programs linking STEM teachers with STEM educators at the higher education level.
• (c) The Administrator, appropriate National Oceanic and Atmospheric Administration programs, ocean atmospheric science and education experts, and interested members of the public shall maintain a science education plan setting forth education goals and strategies for the Administration, as well as programmatic actions to carry out such goals and priorities over the next 20 years, and evaluate and update such plan every 5 years.
• (d) In executing the National Oceanic and Atmospheric Administration science education plan under subsection (c), the Administrator shall maintain a comprehensive system for evaluating the Administration’s educational programs and activities. In so doing, the Administrator shall ensure that such education programs have measurable objectives and milestones as well as clear, documented metrics for evaluating programs. For each such education program or portfolio of similar programs, the Administrator shall—
  • (1) encourage the collection of evidence as relevant to the measurable objectives and milestones; and
  • (2) ensure that program or portfolio evaluations focus on educational outcomes and not just inputs, activities completed, or the number of participants.
• (e) Nothing in this section may be construed to affect the application of section 1232a of title 20 or sections 794 and 794d of title 29.
• (f) In this section, the term “STEM” means the academic and professional disciplines of science, technology, engineering, and mathematics.

§ 893b. NOAA’s contribution to innovation

• (a) 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) 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.

§ 893c. Workforce study

• (a) The Secretary of Commerce, in cooperation with the Secretary of Education, shall request the National Academy of Sciences to conduct a study on the scientific workforce in the areas of oceanic and atmospheric research and development. The study shall investigate—
  • (1) whether there is a shortage in the number of individuals with advanced degrees in oceanic and atmospheric sciences who have the ability to conduct high quality scientific research in physical and chemical oceanography, meteorology, and atmospheric modeling, and related fields, for government, nonprofit, and private sector entities;
  • (2) what Federal programs are available to help facilitate the education of students hoping to pursue these degrees;
  • (3) barriers to transitioning highly qualified oceanic and atmospheric scientists into Federal civil service scientist career tracks;
  • (4) what institutions of higher education, the private sector, and the Congress could do to increase the number of individuals with such post baccalaureate degrees;
  • (5) the impact of an aging Federal scientist workforce on the ability of Federal agencies to conduct high quality scientific research; and
  • (6) what actions the Federal government can take to assist the transition of highly qualified scientists into Federal career scientist positions and ensure that the experiences of retiring Federal scientists are adequately documented and transferred prior to retirement from Federal service.
• (b) The Secretary of Commerce and the Secretary of Education shall consult with the heads of other Federal agencies and departments with oceanic and atmospheric expertise or authority in preparing the specifications for the study.
• (c) No later than 18 months after January 4, 2011 , the Secretary of Commerce and the Secretary of Education shall transmit a joint report to each committee of Congress with jurisdiction over the programs described in section 893a(b) of this title , as amended by section 302 of this Act, detailing the findings and recommendations of the study and setting forth a prioritized plan to implement the recommendations.
• (d) The Administrator of the National Oceanic and Atmospheric Administration shall evaluate the National Academy of Sciences study and develop a workforce program and plan to institutionalize the Administration’s Federal science career pathways and address aging workforce issues. The program and plan shall be developed in consultation with the Administration’s cooperative institutes and other academic partners to identify and implement programs and mechanisms to ensure that—
  • (1) sufficient highly qualified scientists are able to transition into Federal career scientist positions in the Administration’s laboratories and programs; and
  • (2) the technical and management experiences of senior employees are documented and transferred before leaving Federal service.

§ 894. Actions to address sexual harassment at National Oceanic and Atmospheric Administration

• (a) Not later than 1 year after December 23, 2016 , the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a policy on the prevention of and response to sexual harassment 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) The policy developed under subsection (a) shall include—
  • (1) establishment of a program to promote awareness of the incidence of sexual harassment;
  • (2) clear procedures an individual should follow in the case of an occurrence of sexual harassment, including—
    • (A) a specification of the person or persons to whom an alleged occurrence of sexual harassment should be reported by an individual and options for confidential reporting, including—
      • (i) options and contact information for after-hours contact; and
      • (ii) a procedure for obtaining assistance and reporting sexual harassment while working in a remote scientific field camp, at sea, or in another field status; and
    • (B) a specification of any other person whom the victim should contact;
  • (3) establishment of a mechanism by which—
    • (A) questions regarding sexual harassment can be confidentially asked and confidentially answered; and
    • (B) incidents of sexual harassment can be confidentially reported; and
  • (4) a prohibition on retaliation and consequences for retaliatory actions.
• (c) In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.
• (d) The Secretary shall ensure that the policy developed under subsection (a) is available to—
  • (1) all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and
  • (2) the public.
• (e) The Secretary shall designate out of existing staff at least 1 employee of the Administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment at each marine and aviation center of the Administration.
• (f)
  • (1) Not less frequently than 4 times each year, the Director of the Civil Rights Office of the Administration shall submit to the Under Secretary a report on sexual harassment in the Administration.
  • (2) Each report submitted under paragraph (1) shall include the following:
    • (A) The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered by the policy developed under subsection (a).
    • (B) The number of open actionable sexual harassment cases and how long the cases have been open.
    • (C) Such trends or region-specific issues as the Director may have discovered with respect to sexual harassment in the Administration.
    • (D) Such recommendations as the Director may have with respect to sexual harassment in the Administration.

§ 894a. Actions to address sexual assault at National Oceanic and Atmospheric Administration

• (a) Not later than 1 year after December 23, 2016 , the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a comprehensive policy on the prevention of and response to 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) The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters:
  • (1) Prevention measures.
  • (2) Education and training on prevention and response.
  • (3) A list of support resources an individual may use in the occurrence of sexual assault, including—
    • (A) options and contact information for after-hours contact; and
    • (B) a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status.
  • (4) Easy and ready availability of information described in paragraph (3).
  • (5) Establishing a mechanism by which—
    • (A) questions regarding sexual assault can be confidentially asked and confidentially answered; and
    • (B) incidents of sexual assault can be confidentially reported.
  • (6) Protocols for the investigation of complaints by command and law enforcement personnel.
  • (7) Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault.
  • (8) Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault.
  • (9) Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c).
  • (10) Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations.
• (c)
  • (1) The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
  • (2) For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who—
    • (A) is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and
    • (B) serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the Administration.
  • (3) The primary duties of a victim advocate established under paragraph (1) shall include the following:
    • (A) Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims.
    • (B) Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault.
    • (C) Helping to identify resources to ensure the safety of victims of sexual assault.
  • (4) The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed—
    • (A) in each region in which the Administration conducts operations; and
    • (B) in each marine and aviation center of the Administration.
  • (5)
    • (A) In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate.
    • (B) The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times.
    • (C) The Secretary shall, where possible, use established hotlines for purposes of this paragraph.
  • (6) The Secretary may enter into formal relationships with other entities to make available additional victim advocates.
• (d) The Secretary shall ensure that the policy developed under subsection (a) is available to—
  • (1) all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and
  • (2) the public.
• (e) In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

§ 894b. Rights of the victim of a sexual assault

A victim of a sexual assault covered by the comprehensive policy developed under section 894a(a) of this title has the right to be reasonably protected from the accused.

§ 894c. Change of station

• (a)
  • (1) The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall—
    • (A) in the case of a member of the commissioned officer corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim; and
    • (B) in the case of an employee of the Administration who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault, accommodate a request for a change of work location of the victim.
  • (2)
    • (A) The Secretary, acting through the Under Secretary, shall ensure that an application or request submitted under paragraph (1) for a change of station, unit transfer, or change of work location is approved or denied within 72 hours of the submission of the application or request.
    • (B) If an application or request submitted under paragraph (1) by a victim of a sexual assault for a change of station, unit transfer, or change of work location of the victim is denied—
      • (i) the victim may request the Secretary to review the denial; and
      • (ii) the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving such request, affirm or overturn the denial.
• (b)
  • (1) The Secretary, acting through the Under Secretary, shall develop a policy for the protection of victims of sexual assault described in subsection (a)(1) by providing the alleged perpetrator of the sexual assault with a change of station, unit transfer, or change of work location, as the case may be, if the alleged perpetrator is a member of the commissioned officer corps of the Administration or an employee of the Administration.
  • (2) The policy required by paragraph (1) shall include the following:
    • (A) A means to control access to the victim.
    • (B) Due process for the victim and the alleged perpetrator.
• (c)
  • (1) The Secretary shall promulgate regulations to carry out this section.
  • (2) When practicable, the Secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the Secretary of Defense.

§ 894d. Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract

The Under Secretary for Oceans and Atmosphere shall ensure that each contract into which the Under Secretary enters for the use of a vessel by the National Oceanic and Atmospheric Administration that covers the crew of the vessel, if any, shall include as a condition of the contract a provision that subjects such crew to the policy developed under section 894(a) of this title and the comprehensive policy developed under section 894a(a) of this title .

§ 894e. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration

• (a) 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) 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) 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.

§ 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 .