Coast and Geodetic Survey Act of 1947

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[Laws in effect as of January 20, 2004]

[Document not affected by Public Laws enacted between

January 20, 2004 and December 23, 2004]

[CITE: 33USC883a]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 1, 61 Stat. 787; Pub. L. 86-409, Apr. 5,

1960, 74 Stat. 16; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R.

8819, 79 Stat. 1318.)

Amendments

1960--Pub. L. 86-409 struck out provisions which restricted the

Coast and Geodetic Survey in the conduct of its specified activities to

the United States, its Territories and possessions, and which restricted

hydrographic and topographic surveys to surveys of coastal water and

land areas (including offlying islands, banks, shoals, and other

offshore areas), and to surveys of lakes, rivers, reservoirs, and other

inland waters not otherwise provided for by statute.

Transfer of Functions

Functions of Secretary and other officers of Department of Commerce

under sections 883a to 883h of this title that relate to the Office of

Aeronautical Charting and Cartography to provide aeronautical charts,

products, and services for safe and efficient navigation of air commerce

transferred to Administrator of Federal Aviation Administration

effective Oct. 1, 2000, see section 44721(c)(1) of Title 49,

Transportation.

Office of Director of Coast and Geodetic Survey abolished and Coast

and Geodetic Survey consolidated with Weather Bureau to form a new

agency in Department of Commerce to be known as Environmental Science

Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851

of this title. The Reorg. Plan also transferred to Secretary of Commerce

all functions of Coast and Geodetic Survey and Director. For further

details, see note set out under section 851 of this title.

Great Lakes Mapping

Pub. L. 100-220, title III, subtitle B, Dec. 29, 1987, 101 Stat.

1475, as amended by Pub. L. 100-629, Sec. 3, Nov. 7, 1988, 102 Stat.

3286, provided that:

``SEC. 3201. SHORT TITLE.

``This subtitle may be cited as the `Great Lakes Shoreline Mapping

Act of 1987'.

``SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.

``(a) Preparation of Plan.--Not later than nine months after the

date of the enactment of this subtitle [Dec. 29, 1987], the Director, in

consultation with the Director of the United States Geological Survey,

shall submit to the Congress a plan for preparing maps of the shoreline

of the Great Lakes under section 3203.

``(b) Content of Plan.--A plan prepared under paragraph (1) shall

include--

``(1) a work proposal and a division of responsibilities between

the National Oceanic and Atmospheric Administration and the United

States Geological Survey;

``(2) a time schedule for completion of maps;

``(3) recommendation of funding needed for preparing the maps;

and

``(4) an area mapping schedule, with first priority given to

shoreline areas subject to a high risk of erosion or flooding.

``SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.

``(a) In General.--The [sic] following completion of a shoreline

mapping plan under section 3202 and subject to authorization and

appropriation of funds, the Director, in consultation with the Director

of the United States Geological Survey, shall prepare maps of the

shoreline areas of the Great Lakes.

``(b) Content of Maps.--Maps prepared under this section--

``(1) shall include--

``(A) bathymetry of the nearshore area, to the extent that

this area will affect coastal erosion and flooding;

``(B) topography of the adjacent shoreline, to the extent

that this area will directly affect or be affected by coastal

erosion and flooding;

``(C) the geological conditions of the nearshore area and

shoreline to the extent that these areas will directly affect or

be affected by coastal erosion and flooding;

``(D) information on the recent geological past of the

nearshore area and shoreline areas described in paragraph (3);

and

``(E) appropriate information for use in predicting and

preventing damage caused by erosion and flooding in the Great

Lakes;

``(2) shall be of appropriate scale and detail and take into

account the greater informational needs of areas subject to a high

risk of erosion or flooding; and

``(3) to the maximum extent practicable, shall be consistent

with similar shoreline maps prepared by, or for the use of, the

Government of Canada.

``(c) Consultation.--In preparing maps under this section, the

Director shall consult with, and take into consideration, the

informational needs of--

``(1) the Army Corps of Engineers;

``(2) the Federal Emergency Management Agency;

``(3) other appropriate Federal agencies;

``(4) the States of Illinois, Indiana, Michigan, Minnesota, New

York, Ohio, Pennsylvania, and Wisconsin;

``(5) appropriate local government units; and

``(6) the general public.

``(d) Availability of Maps.--The Director shall make maps prepared

under this section available to--

``(1) Federal agencies;

``(2) State governments;

``(3) local government units;

``(4) the Government of Canada; and

``(5) the general public.

``(e) Recovery of Costs.--The costs of reproducing and distributing

maps prepared under this section may be recovered under section 9701 of

title 31, United States Code, or another law.

``SEC. 3204. CONTRACT AUTHORITY.

``The Director may, subject to appropriations, enter into contracts

and agreements on a reimbursable or cost-sharing basis with other

Federal agencies, State governments, local governments, and private

entities, to carry out this subtitle.

``SEC. 3205. DEFINITIONS.

``For purposes of this subtitle--

``(1) The term `Director' means the Director of Charting and

Geodetic Services of the National Ocean Service, within the National

Oceanic and Atmospheric Administration.

``(2) The term `Great Lakes' means Lake Erie, Lake Huron, Lake

Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint

Mary's River, the Saint Clair River, the Detroit River, the Niagara

River, the Saint Lawrence River to the Canadian border, to the

extent such lakes and rivers are subject to the jurisdiction of the

United States.

``(3) The term `high risk of erosion' means subject to erosion

at a rate greater than 1 foot per year.

``SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out section 3202

not more than $100,000 for fiscal year 1989. Amounts appropriated

pursuant to this section shall remain available until expended.''

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of the

Director of the Federal Emergency Management Agency relating thereto, to

the Secretary of Homeland Security, and for treatment of related

references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a note

under section 542 of Title 6.]

[CITE: 33USC883b]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 2, 61 Stat. 787; 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. 106-181, title

VI, Sec. 605(a), Apr. 5, 2000, 114 Stat. 154.)

Amendments

2000--Par. (3). Pub. L. 106-181, Sec. 605(a)(1), (2), redesignated

par. (4) as (3), substituted ``charts;'' for ``charts of the United

States, its Territories, and possessions;'' and struck out former par.

(3) which read as follows: ``Compilation and printing of aeronautical

charts of the United States, its Territories, and possessions; and, in

addition, the compilation and printing of such aeronautical charts

covering international airways as are required primarily by United

States Civil aviation;''.

Par. (4). Pub. L. 106-181, Sec. 605(a)(1), (3), redesignated par.

(6) as (4) and substituted ``publications'' for ``publications for the

United States, its Territories, and possessions''. Former par. (4)

redesignated (3).

Par. (5). Pub. L. 106-181, Sec. 605(a)(1), struck out par. (5) which

read as follows: ``Distribution of aeronautical charts and related

navigational publications required by United States civil aviation;''.

Par. (6). Pub. L. 106-181, Sec. 605(a)(1), redesignated par. (6) as

(4).

Effective Date of 2000 Amendment

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set

out as a note under section 106 of Title 49, Transportation.

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and Coast

and Geodetic Survey consolidated with Weather Bureau to form a new

agency in Department of Commerce to be known as Environmental Science

Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851

of this title. The Reorg. Plan also transferred to Secretary of Commerce

all functions of Coast and Geodetic Survey and Director. Subsequently,

Environmental Science Services Administration abolished and National

Oceanic and Atmospheric Administration established by Reorg. Plan No. 4

of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to Title 5, Government Organization and Employees. By

Department Organization Order 25-5A, Secretary delegated to NOAA his

functions under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic Survey

changed to National Ocean Survey. For further details, see note set out

under section 851 of this title.

[CITE: 33USC883c]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 3, 61 Stat. 787; 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.)

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and Coast

and Geodetic Survey consolidated with Weather Bureau to form a new

agency in Department of Commerce to be known as Environmental Science

Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851

of this title. The Reorg. Plan also transferred to Secretary of Commerce

all functions of Coast and Geodetic Survey and Director. Subsequently,

Environmental Science Services Administration abolished and National

Oceanic and Atmospheric Administration established by Reorg. Plan No. 4

of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to Title 5, Government Organization and Employees. By

Department Organization Order 25-5A, Secretary delegated to NOAA his

functions under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic Survey

changed to National Ocean Survey. For further details, see note set out

under section 851 of this title.

[CITE: 33USC883d]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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).

(Aug. 6, 1947, ch. 504, Sec. 4, 61 Stat. 788; 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.)

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and Coast

and Geodetic Survey consolidated with Weather Bureau to form a new

agency in Department of Commerce to be known as Environmental Science

Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851

of this title. The Reorg. Plan also transferred to Secretary of Commerce

all functions of Coast and Geodetic Survey and Director. Subsequently,

Environmental Science Services Administration abolished and National

Oceanic and Atmospheric Administration established by Reorg. Plan No. 4

of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to Title 5, Government Organization and Employees. By

Department Organization Order 25-5A, Secretary delegated to NOAA his

functions under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic Survey

changed to National Ocean Survey. For further details, see note set out

under section 851 of this title.

[CITE: 33USC883e]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 5, 61 Stat. 788; 1965 Reorg. Plan No. 2,

eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 99-272, title

VI, Sec. 6085, Apr. 7, 1986, 100 Stat. 138; Pub. L. 106-181, title VI,

Sec. 605(b), Apr. 5, 2000, 114 Stat. 154.)

Amendments

2000--Par. (1). Pub. L. 106-181, Sec. 605(b)(1), substituted

``cooperative agreements, or any other agreements,'' for ``cooperative

agreements''.

Par. (2). Pub. L. 106-181, Sec. 605(b)(2), which directed the

striking of ``cooperative'', was executed by striking ``cooperative''

before ``agreement'' in two places, to reflect the probable intent of

Congress.

1986--Pub. L. 99-272 designated existing provisions as par. (1),

inserted ``any Federal agency,'' after ``or subdivision thereof,'' and

added par. (2).

Effective Date of 2000 Amendment

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set

out as a note under section 106 of Title 49, Transportation.

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and Coast

and Geodetic Survey consolidated with Weather Bureau to form a new

agency in Department of Commerce to be known as Environmental Science

Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851

of this title. The Reorg. Plan also transferred to Secretary of Commerce

all functions of Coast and Geodetic Survey and Director. For further

details, see note set out under section 851 of this title.

[CITE: 33USC883f]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 6, 61 Stat. 788; 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.)

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and Coast

and Geodetic Survey consolidated with Weather Bureau to form a new

agency in Department of Commerce to be known as Environmental Science

Services Administration, by Reorg. Plan No. 2, of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851

of this title. The Reorg. Plan also transferred to Secretary of Commerce

all functions of Coast and Geodetic Survey and Director. Subsequently,

Environmental Science Services Administration abolished and National

Oceanic and Atmospheric Administration established by Reorg. Plan No. 4

of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to Title 5, Government Organization and Employees. By

Department Organization Order 25-5A, Secretary delegated to NOAA his

functions under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic Survey

changed to National Ocean Survey. For further details, see note set out

under section 851 of this title.

[CITE: 33USC883g]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 883g. Repealed. Pub. L. 88-611, Sec. 4(a)(2), Oct. 2, 1964,

78 Stat. 991

Section, act Aug. 6, 1947, ch. 504, Sec. 7, 61 Stat. 788, provided

for acceptance of gifts or bequests and exemption from Federal taxes.

See sections 1522 and 1523 of Title 15, Commerce and Trade.

[CITE: 33USC883h]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 8, 61 Stat. 788.)

Delegation of Functions

Functions of President under this section delegated to Secretary of

Commerce, see section 1(l) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R.

5131, as amended, set out as a note under section 301 of Title 3, The

President.

[CITE: 33USC883i]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Aug. 6, 1947, ch. 504, Sec. 9, 61 Stat. 788.)

References in Text

Herein, referred to in text, means act Aug. 6, 1947, ch. 504, 61

Stat. 787, as amended, which is classified generally to this subchapter

(Sec. 883a et seq.). For complete classification of this Act to the

Code, see Tables.

[CITE: 33USC883j]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 883j. Ocean satellite data

The Administrator of the National Oceanic and Atmospheric

Administration (hereinafter referred to in this subtitle \1\ 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.

---------------------------------------------------------------------------

\1\ See References in Text note below.

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(Pub. L. 99-272, title VI, Sec. 6082, Apr. 7, 1986, 100 Stat. 135.)

References in Text

This subtitle, referred to in text, is subtitle H (Secs. 6081-6085)

of title VI of Pub. L. 99-272, Apr. 7, 1986, 100 Stat. 135, which

enacted this section and section 1530 of Title 15, Commerce and Trade,

amended section 883e of this title and sections 330e, 2903 and 2904 of

Title 15, and repealed section 2905 of Title 15. For complete

classification of this subtitle to the Code, see Tables.

Transfer of Functions

Functions of Secretary and other officers of Department of Commerce

under this section that relate to the Office of Aeronautical Charting

and Cartography to provide aeronautical charts, products, and services

for safe and efficient navigation of air commerce transferred to

Administrator of Federal Aviation Administration effective Oct. 1, 2000,

see section 44721(c)(2) of Title 49, Transportation.

Report on Satellite Oceanography

Pub. L. 102-567, title I, Sec. 116, Oct. 29, 1992, 106 Stat. 4279,

provided that:

``(a) In General.--The Federal Coordinating Council for Science,

Engineering, and Technology through the Committee on Earth and

Environmental Sciences, in consultation with Federal, academic, and

commercial users of remotely sensed data, shall consider and develop

findings and recommendations regarding--

``(1) the most urgent current needs of oceanographic researchers

within the Federal Government, the academic community, and the

private sector, for remote sensing capabilities and remotely sensed

data, including findings regarding the present inadequacies in these

capabilities and data; and

``(2) the major goals of satellite oceanography for the next 10

years.

``(b) Report.--Not later than one year after the date of enactment

of this Act [Oct. 29, 1992], the Federal Coordinating Council for

Science, Engineering, and Technology shall submit to the Congress a

report which describes the findings and recommendations of the Committee

on Earth and Environmental Sciences, including recommendations for, or a

description of actions to be taken toward--

``(1) correcting the inadequacies in remote sensing

capabilities;

``(2) improving the availability of remotely sensed data; and

``(3) achieving the major goals of satellite oceanography

developed pursuant to subsection (a)(2).''

[CITE: 33USC883k]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17--NATIONAL OCEAN SURVEY

SUBCHAPTER II--SURVEYS

Sec. 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.

(Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 992.)

References in Text

Funds appropriated under this heading, referred to in text, refers

to funds appropriated under the headings ``National Oceanic and

Atmospheric Administration'' and ``operations, research, and

facilities'' of title I, ``Department of Commerce'', of the Departments

of Commerce, Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1990, Pub. L. 101-162.