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33 U.S.C. § 892b — Quality assurance program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition** For purposes of this section, the term “hydrographic product” means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data.
**(b) Program**
(1) **In general** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892a/a/3&num=0&edition=prelim);
(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) **Limitation on fee amount** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892a/a/3&num=0&edition=prelim), 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 separate account, which shall be known as the “Hydrographic Services Account”.
(
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Source location: Title 33, Chapter 17, § 892b; chapter-017-national-oceanic-and-atmospheric-administration.md
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**(a) Definition** For purposes of this section, the term “hydrographic product” means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data.
**(b) Program**
(1) **In general** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892a/a/3&num=0&edition=prelim);
(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) **Limitation on fee amount** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section892a/a/3&num=0&edition=prelim), 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 separate 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 appropriation, for hydrographic services.
**(e) Limitation on new fees and increases in existing 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section1307&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) All nautical products created or published by the National Oceanic and Atmospheric Administration shall be sold at such prices as the Secretary of Commerce shall establish annually, in accordance with the provisions of this subsection. The Secretary shall publish annually the prices at which nautical products are sold to the public.
(2)
(A) Subject to subparagraph (B) of this paragraph, the prices of nautical products may be increased over a period of not less than three years after the date of enactment of this section so as to recover all costs attributable to data base management, compilation, printing, and distribution of such products. The prices of such products may be maintained to recover all such costs thereafter.
(B) The Secretary, after consultation with the Secretary of Transportation, shall adjust the prices of nautical products in such manner as is necessary to avoid any adverse impact on marine safety attributable to the prices specified in subparagraph (A) of this paragraph.
(3) This section shall not be construed to require the establishment of any price for a nautical product where, in the judgment of the Secretary, furnishing of that product to a recipient is a reasonable exchange for voluntary contribution of information by the recipient to a program of the National Oceanic and Atmospheric Administration.
(4) Prices established under this section may not include costs attributable to the acquisition or processing of nautical data.
**(b)** Fees collected from the sale of nautical products under this section and from any licensing of such products which is permitted under any other provision of law shall be deposited in the miscellaneous receipts fund of the United States Treasury.
**(c)** The Secretary may distribute nautical p
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Federal law — U.S. Code and appendices · legal_authorities
Page 267
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 892b
(c) Conservation and management of coastal and
ocean resources
Where appropriate and to the extent that it
does not detract from the promotion of safe and
efficient navigation, the Secretary may use hy-
drographic data and services to support the con-
servation and management of coastal and ocean
resources.
(Pub. L. 105–384, title III, § 303, Nov. 13, 1998, 112
Stat. 3454; Pub. L. 107–372, title I, § 103, Dec. 19,
2002, 116 Stat. 3079; Pub. L. 110–386, § 3, Oct. 10,
2008, 122 Stat. 4107; Pub. L. 117–263, div. J, title
CIII, § 10308(b), Dec. 23, 2022, 136 Stat. 3980.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (b),
was in the original ‘‘this Act’’, and was translated, to
reflect the probable intent of Congress, as reading ‘‘this
title’’, meaning title III of Pub. L. 105–384, Nov. 13, 1998,
112 Stat. 3454, known as the Hydrographic Services Im-
provement Act of 1998, which is classified principally to
this subchapter. For complete classification of title III
to the Code, see Short Title of 1998 Amendment note
set out under section 851 of this title and Tables.
Subchapter VI of chapter 10 of title 40, referred to in
subsec. (b)(6), probably means title IX of the Federal
Property and Administrative Services Act of 1949, act
June 30, 1949, ch. 288, as added Pub. L. 92–582, Oct. 27,
1972, 86 Stat. 1278. Title IX of the Act, which was classi-
fied generally to subchapter VI (§ 541 et seq.) of chapter
10 of former Title 40, Public Buildings, Property, and
Works, was repealed and reenacted by Pub. L. 107–217,
§§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11
(§ 1101 et seq.) of Title 40, Public Buildings, Property,
and Works. For dispositio
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