33 U.S.C. § 853 — Power to settle claims

Page 241 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 853 ministration will then provide a single national focus for our efforts to describe, understand, and predict the state of the oceans, the state of the lower and upper at- mosphere, and the size and shape of the earth. Establishment of the Administration will mark a sig- nificant step forward in the continual search by the Federal Government for better ways to meet the needs of the Nation for environmental science services. The organizational improvements made possible by the re- organization plan will enhance our ability to develop an adequate warning system for the severe hazards of nature—for hurricanes, tornadoes, floods, earthquakes, and seismic sea waves, which have proved so disastrous to the Nation in recent years. These improvements will permit us to provide better environmental information to vital segments of the Nation’s economy—to agri- culture, transportation, communications, and industry, which continually require information about the phys- ical environment. They will mean better services to other Federal departments and agencies—to those that are concerned with the national defense, the explo- ration of outer space, the management of our mineral and water resources, the protection of the public health against environmental pollution, and the preservation of our wilderness and recreation areas. The new Administration will bring together a number of allied scientific disciplines that are concerned with the physical environment. The integration will better enable us to look at man’s physical environment as a scientific whole and to seek to understand the inter- actions among air, sea, and earth and between the upper and lower atmosphere. It will facilitate the de- velopment of programs dealing with the physical envi- ronment and will permit better management of these programs. It will enhance our capability to identify and solve important long-range scientific and technological problems associated with the physical environment. The new Administration will, in consequence, promote a fresh sense of scientific dedication, discovery, and challenge, which are essential if we are to attract sci- entists and engineers of creativity and talent to Fed- eral employment in this field. The reorganization plan provides for an Adminis- trator at the head of the Administration, and for a Dep- uty Administrator, each of whom will be appointed by the President by and with the advice and consent of the Senate. As authorized by the civil service and other laws and regulations, subordinate officers of the Ad- ministration will be appointed by the Secretary of Commerce or be assigned by him from among a corps of commissioned officers. The Administration will per- form such functions as the Secretary of Commerce may delegate or otherwise assign to it and will be under his direction and control. Commissioned officers of the Coast and Geodetic Sur- vey will become commissioned officers of the Adminis- tration and may serve at the discretion of the Sec- retary of Commerce throughout the Administration. The reorganization plan authorizes the President at his discretion to fill the Office of Deputy Administrator by appointment, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Administration. The reorganization plan transmitted herewith abol- ishes—and thus excludes from the consolidation men- tioned above—the offices of (1) Chief of the Weather Bu- reau, provided for in the act of October 1, 1890 (15 U.S.C. 312); (2) Director of the Coast and Geodetic Survey, pro- vided for in the acts of June 4, 1920, and February 16, 1929, as amended (33 U.S.C. 852, 852a); and (3) Deputy Di- rector of the Coast and Geodetic Survey, provided for in the act of January 19, 1942, as amended (33 U.S.C. 852b). After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Re- organization Act of 1949, as amended [see now section 901 of Title 5, Government Organization and Employ- ees]. I have also found and hereby declare that by rea- son of the reorganizations made by the reorganization plan, it is necessary to include in the plan provisions for the appointment and compensation of the officers of the Administration set forth in section 4 of the reorga- nization plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. In addition to permitting more effective management within the Department of Commerce, the new organiza- tion will ultimately produce economies. These econo- mies will be of two types. The first, and probably the most significant, is the savings and avoidance of costs which will result from the sharing of complex and ex- pensive facilities such as satellites, computers, commu- nication systems, aircraft, and ships. These economies will increase in significance as developments in science and technology bring into being still more advanced equipment. Second, integration of the existing head- quarters and field organizations will permit more effi- cient utilization of existing administrative staffs and thereby produce future economies. It is, however, im- practicable to specify or itemize at this time the reduc- tions of expenditures which it is probable will be brought about by the taking effect of the reorganiza- tions included in the reorganization plan. I recommend that the Congress allow the accom- panying reorganization plan to become effective. LYNDON B. JOHNSON. THE WHITE HOUSE, May 13, 1965. § 851a. Repealed. June 3, 1948, ch. 390, § 22(a), formerly § 21(a), 62 Stat. 300; renumbered § 22(a), Sept. 14, 1961, Pub. L. 87–233, § 1(f), 75 Stat. 506 Section, act Jan. 19, 1942, ch. 6, § 1, 56 Stat. 6, related to distribution of the total number of commissioned of- ficers in rank. §§ 852 to 852b. Omitted Editorial Notes CODIFICATION Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director and covered their appointment, rank, pay, and allow- ances, have been omitted in view of 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title, which abol- ished such offices and transferred their functions to the Secretary of Commerce. For further details, see Trans- fer of Functions note set out under section 851 of this title. Section 852, acts June 4, 1920, ch. 228, § 1, 41 Stat. 825; June 5, 1920, ch. 235, § 1, 41 Stat. 929; Feb. 16, 1929, ch. 221, § 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164, provided for the appointment and reappointment of the Director of the Coast and Geodetic Survey. Section 852a, acts Feb. 16, 1929, ch. 221, § 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164; June 3, 1948, ch. 390, § 21(a), formerly § 20(a), 62 Stat. 300; renumbered § 21(a), Sept. 14, 1961, Pub. L. 87–233, § 1(f), 75 Stat. 506, provided for the rank, pay, and allowances of the Direc- tor. Section 852b, acts Jan. 19, 1942, ch. 6, § 8, 56 Stat. 8; June 3, 1948, ch. 390, § 21(b), formerly § 20(b), 62 Stat. 300; renumbered § 21(b), Sept. 14, 1961, Pub. L. 87–233, § 1(f), 75 Stat. 506; June 21, 1955, ch. 172, § 3(b), 69 Stat. 169; June 30, 1960, Pub. L. 86–554, § 1, 74 Stat. 258, provided for the appointment, active and retired rank, pay, and allow- ances, of the Deputy Director of the Coast and Geodetic Survey. § 853. Power to settle claims The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all Page 242 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 853a to 853l claims for damages, where the amount of the claim does not exceed $2,500, occasioned, subse- quent to June 5, 1920, by acts for which the Na- tional Oceanic and Atmospheric Administration is responsible. (June 5, 1920, ch. 256, 41 Stat. 1054; Pub. L. 93–608, § 1(4), Jan. 2, 1975, 88 Stat. 1967; Pub. L. 98–176, Nov. 29, 1983, 97 Stat. 1124.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–176 amended section generally, sub- stituting ‘‘The Secretary of Commerce is’’ for ‘‘The Su- perintendent of the Coast and Geodetic Survey, subject to the approval of the Secretary of Commerce, is here- by’’, ‘‘$2,500’’ for ‘‘$500’’, and ‘‘the National Oceanic and Atmospheric Administration is responsible’’ for ‘‘the Coast and Geodetic Survey shall be found to be respon- sible’’. 1975—Pub. L. 93–608 struck out reporting requirement to Congress of amounts ascertained and determined due for payment as legal claims out of Congressional appro- priations. Statutory Notes and Related Subsidiaries REPEALS Act Aug. 2, 1946, ch. 753, title IV, § 424(a), 60 Stat. 846, repealed this section insofar as it concerned claims cognizable under sections 921 and 922 of former Title 28, Judicial Code and Judiciary (see sections 2672 and 2673 of Title 28, Judiciary and Judicial Procedure) which are caused by the negligent or wrongful act or omission of any Government employee acting within the scope of his employment, but by section 424(b) of that act, sec- tion 946 of former Title 28 (see note set out under sec- tion 2680 of Title 28), this section is specifically saved with reference to any claim which is not caused by the negligent or wrongful act or omission of any Govern- ment employee acting within the scope of his employ- ment. §§ 853a to 853l. Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094 Section 853a, acts June 3, 1948, ch. 390, § 2, 62 Stat. 297; Pub. L. 87–233, § 1(a), Sept. 14, 1961, 75 Stat. 506; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105–384, title III, § 307(a), Nov. 13, 1998, 112 Stat. 3457, related to authorized num- bers of commissioned officers on the active list of the National Oceanic and Atmospheric Administration. See sections 3004 and 3005 of this title. Section 853b, act June 3, 1948, ch. 390, § 3, 62 Stat. 298, related to promotion by selection to grades above lieu- tenant. See section 3024 of this title. Section 853c, act June 3, 1948, ch. 390, § 4, 62 Stat. 298, related to promotion to the grade of lieutenant and lieutenant commander upon completion of seven and fourteen years of service, respectively. Section 853d, act June 3, 1948, ch. 390, § 5, 62 Stat. 298, related to promotion to the grade of commander and captain after completion of twenty-one and thirty years of service, respectively. Section 853e, acts June 3, 1948, ch. 390, § 6, 62 Stat. 298; June 21, 1955, ch. 172, § 4(a), 69 Stat. 169; Pub. L. 87–233, § 1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and separation from service of ensigns. See section 3023 of this title. Section 853f, act June 3, 1948, ch. 390, § 7, 62 Stat. 298, related to length of service for purposes of promotion. See section 3025 of this title. Section 853g, acts June 3, 1948, ch. 390, § 8, 62 Stat. 298; Pub. L. 98–498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307, related to retirement or separation of officers. See section 3041 of this title. Section 853h, acts June 3, 1948, ch. 390, § 9, 62 Stat. 299; Pub. L. 87–649, § 9(b)(1), Sept. 7, 1962, 76 Stat. 495; Pub. L. 98–498, title III, § 320(a)(1), Oct. 19, 1984, 98 Stat. 2307; Pub. L. 102–54, § 13(m)(1), June 13, 1991, 105 Stat. 277; Pub. L. 105–85, div. A, title VI, § 652(a), (b), Nov. 18, 1997, 111 Stat. 1803, 1804, related to separation pay of officers. See section 3042 of this title. Section 853i, acts June 3, 1948, ch. 390, § 10, 62 Stat. 299; June 21, 1955, ch. 172, § 4(b), 69 Stat. 170, directed that appointments and promotions be made by Presi- dent and authorized suspension of provisions in time of emergency. See sections 3026 and 3033 of this title. Section 853j, act June 3, 1948, ch. 390, § 11, 62 Stat. 299, required passing of examinations for promotion. Section 853j–1, acts June 3, 1948, ch. 390, § 12, as added Pub. L. 87–233, § 1(d), Sept. 14, 1961, 75 Stat. 506; amended Pub. L. 98–498, title III, § 320(b), Oct. 19, 1984, 98 Stat. 2308, related to temporary appointments and pro- motions made by President. See section 3029 of this title. Section 853k, acts June 3, 1948, ch. 390, § 13, formerly § 12, 62 Stat. 299; renumbered § 13, Pub. L. 87–233, § 1(c), Sept. 14, 1961, 75 Stat. 506, related to retirement of offi- cers for age. See section 3043 of this title. Section 853l, acts June 3, 1948, ch. 390, § 14, formerly § 13, 62 Stat. 299; renumbered § 14 and amended Pub. L. 87–233, § 1(e), Sept. 14, 1961, 75 Stat. 506, related to re- tirement for length of service upon application. See section 3044 of this title. A prior section 14 of act June 3, 1948, was classified to section 853m of this title prior to repeal by act Oct. 12, 1949. Statutory Notes and Related Subsidiaries SHORT TITLE Section 1 of act June 3, 1948, ch. 390, 62 Stat. 297, pro- vided that act June 3, 1948, enacting sections 853a to 853o and 853p to 853v of this title, amending sections 852a, 852b, 854a, and 864d of this title, and repealing sec- tions 851a, 854b, 854c, 864b, and 864c of this title, could be cited as the ‘‘Coast and Geodetic Survey Commis- sioned Officers’ Act of 1948’’, prior to repeal by Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094. §§ 853m, 853n. Repealed. Oct. 12, 1949, ch. 681, title V, § 531(b)(41), 63 Stat. 840 Section 853m, act June 3, 1948, ch. 390, § 14, 62 Stat. 299, related to retirement for disability. See section 1201 et seq. of Title 10, Armed Forces. Section 853n, act June 3, 1948, ch. 390, § 15, 62 Stat. 299, related to computation of service for retirement pur- poses. See sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as an Effective Date of 1949 Amend- ment note under section 854a of this title. § 853o. Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094 Section, acts June 3, 1948, ch. 390, § 16, 62 Stat. 299; Oct. 12, 1949, ch. 681, title V, § 531(b)(41), 63 Stat. 840; Pub. L. 85–422, § 11(c), May 20, 1958, 72 Stat. 132; Pub. L. 87–649, § 9(b)(2), Sept. 7, 1962, 76 Stat. 495; Pub. L. 96–342, title VIII, § 813(g), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 98–94, title IX, §§ 922(c), 923(e), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 206, July 1, 1986, 100 Stat. 701, related to computation of retirement pay. See sec- tion 3045 of this title. § 853o–1. Credit of service as deck officer or jun- ior engineer and certain other active service for retirement and retirement pay Active service in the National Oceanic and At- mospheric Administration as a deck officer or