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33 U.S.C. § 892c — Hydrographic Services Review Panel
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** No later than 1 year after December 19, 2002, the Secretary shall establish the Hydrographic Services Review Panel.
**(b) Duties**
(1) **In general** — The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in [section 892a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892a&num=0&edition=prelim) and such other appropriate matters as the Administrator refers to the panel for review and advice.
(2) **Administrative resources** — 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) Membership**
(1) **In general**
(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
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Source location: Title 33, Chapter 17, § 892c; chapter-017-national-oceanic-and-atmospheric-administration.md
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**(a) Establishment** No later than 1 year after December 19, 2002, the Secretary shall establish the Hydrographic Services Review Panel.
**(b) Duties**
(1) **In general** — The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in [section 892a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892a&num=0&edition=prelim) and such other appropriate matters as the Administrator refers to the panel for review and advice.
(2) **Administrative resources** — 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) Membership**
(1) **In general**
(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) **Terms**
(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) **Nominations** — At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the panel.
(4) **Chairman and Vice Chairman**
(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) Compensation** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5376&num=0&edition=prelim) 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) Meetings** 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) Powers** The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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, $71,000,000 for each of fiscal years 2023 through 2028.
(2) To contract for hydrographic surveys under [section 892b(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892b/b/1&num=0&edition=prelim), including the leasing or time chartering of vessels, $34,000,000 for each of fiscal years 2023 through 2028.
(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration, $38,000,000 for each of fiscal years 2023 through 2028.
(4) To carry out geodetic functions under this subchapter, $45,000,000 for each of fiscal years 2023 through 2028.
(5) To carry out tide and current measurement functions under this subchapter, $35,000,000 for each of fiscal years 2023 through 2028.
(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.
**(b) Arctic programs** 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 Contin
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 892d
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 105–277, div. A, § 101(b) [title II], Oct. 21, 1998, 112 Stat. 2681–50, 2681–83, which authorized in the National Oceanic and Atmospheric Administration 250 commissioned officers on the active list as of September 30, 1999, was from title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat. 2477.
Pub. L. 104–208, div. A, title I, § 101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 3009–37.
Pub. L. 104–134, title I, § 101[(a)] [title II], Apr. 26, 1996, 110 Stat. 1321, 1321–27; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–317, title II, Aug. 26, 1994, 108 Stat. 1741.
Pub. L. 103–121, title II, Oct. 27, 1993, 107 Stat. 1170.
Pub. L. 102–395, title II, Oct. 6, 1992, 106 Stat. 1849.
Pub. L. 102–140, title II, Oct. 28, 1991, 105 Stat. 799.
Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2104.
Pub. L. 101–162, title I, Nov. 21, 1989, 103 Stat. 992.
Pub. L. 100–459, title I, Oct. 1, 1988, 102 Stat. 2190.
Pub. L. 100–202, § 101(a) [title I], Dec. 22, 1987, 101 Stat. 1329, 1329–4.
Pub. L. 99–500, § 101(b) [title I], Oct. 18, 1986, 100 Stat. 1783–39, 1783–42, and Pub. L. 99–591, § 101(b) [title I], Oct. 30, 1986, 100 Stat. 3341–39, 3341–42.
Pub. L. 99–180, title I, Dec. 13, 1985, 99 Stat. 1138.
Pub. L. 98–411, title I, Aug. 30, 1984, 98 Stat. 1548.
Pub. L. 98–166, title I, § 101, Nov. 28, 1983, 97 Stat. 1074.
Pub. L. 97–377, title I, § 101(d), Dec. 21, 1982, 96 Stat. 1867, 1869.
Pub. L. 97–92, § 101(h) [incorporating H.R
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 851
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reaso
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities** 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) Authorities** To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote precision navigation, 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 892a
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Federal law — U.S. Code and appendices · legal_authorities
Page 268
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 892c
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 promul-
gated 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 sub-
paragraph (A); and
(C) may charge a fee for such certification
and use.
(2) Limitation on fee amount
Any fee under paragraph (1)(C) shall not ex-
ceed the costs of conducting the quality assur-
ance testing, evaluation, or studies necessary
to determine whether the hydrographic prod-
uct satisfies the standards adopted under sec-
tion 892a(a)(3) of this title, including the cost
of administering such a program.
(c) Limitation on liability
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) Hydrographic Services Account
(1) Establishment
There is established in the Treasury a sepa-
rate account, which shall be known as the
‘‘Hydrographic Services Account’’.
(2) Content
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) Use
Amounts in the account shall be available to
the Administrator, without further appropria-
tion, for hydrographic services.
(e) Limitation on new fees and increases in exist-
ing fees for hydrographic services
After November 13, 1998, the Administrator
may not—
(1) establish any fee or other charge for the
provision of any hydrographic se
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 892c
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