33 U.S.C. § 892d — Authorization of appropriations

Page 269 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 892d tional 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 suc- cessor has taken office. (3) Nominations At least once each year, the Secretary shall publish a notice in the Federal Register solic- iting nominations for membership on the panel. (4) Chairman and Vice Chairman (A) The panel shall select one voting mem- ber to serve as the Chairman and another vot- ing member to serve as the Vice Chairman. (B) The Vice Chairman shall act as Chair- man in the absence or incapacity of the Chair- man. (d) Compensation Voting members of the panel shall— (1) receive compensation at a rate estab- lished 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) 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). (Pub. L. 105–384, title III, § 305, Nov. 13, 1998, 112 Stat. 3456; Pub. L. 105–383, title IV, § 432(c), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–372, title I, § 105, Dec. 19, 2002, 116 Stat. 3080; Pub. L. 110–386, § 4, Oct. 10, 2008, 122 Stat. 4107.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (c)(1)(C), was in the original ‘‘this Act’’, and was translated, to re- flect 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. AMENDMENTS 2008—Subsec. (c)(1)(A). Pub. L. 110–386 amended sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Director of the Joint Hydrographic Institute and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Admin- istrator 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 one or more of the dis- ciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pi- lotage, and coastal and fishery management.’’ 2002—Pub. L. 107–372 amended section generally, sub- stituting provisions establishing Hydrographic Services Review Panel for provisions requiring report, not later than 6 months after November 13, 1998, on a plan to en- sure maintenance of Federal competence and expertise in hydrographic surveying. 1998—Pub. L. 105–383, which directed the amendment of this section by striking out subsecs. (a) and (d), was executed by striking out subsec. (a), because no subsec. (d) has been enacted. Prior to amendment, subsec. (a) read as follows: ‘‘(a) PORTS.—Not later than 6 months after November 13, 1998, the Administrator and the Commandant of the Coast Guard shall report to the Congress on— ‘‘(1) the status of implementation of real-time tide and current data systems in United States ports; ‘‘(2) existing safety and efficiency needs in United States ports that could be met by increased use of those systems; and ‘‘(3) a plan for expanding those systems to meet those needs, including an estimate of the cost of im- plementing those systems in priority locations.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–383, title IV, § 432(a), Nov. 13, 1998, 112 Stat. 3444, provided that: ‘‘Subsections (b) and (c) [amending this section and section 892d of this title] shall take effect immediately after the later of— ‘‘(1) the enactment of the Hydrographic Services Improvement Act of 1998 [Pub. L. 105–384, title III, Nov. 13, 1998]; or ‘‘(2) the enactment of this Act [Nov. 13, 1998].’’ § 892d. Authorization of appropriations (a) In general There are authorized to be appropriated to the Administrator the following: (1) To carry out nautical mapping and chart- ing 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, 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 fis- cal 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 measure- ment 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 con- tinuously 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 Page 270 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 893 (E) to reduce risks of harm to subsistence and coastal communities associated with in- creased 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) Limitation on administrative expenses for surveys Of amounts authorized by this section for each fiscal year for contract hydrographic surveys, not more than 5 percent is authorized for admin- istrative costs associated with contract manage- ment. (Pub. L. 105–384, title III, § 306, Nov. 13, 1998, 112 Stat. 3457; Pub. L. 105–383, title IV, § 432(b), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–372, title I, § 106, Dec. 19, 2002, 116 Stat. 3081; Pub. L. 110–386, § 5, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 115–282, title X, § 1001, Dec. 4, 2018, 132 Stat. 4364; Pub. L. 117–263, div. J, title CIII, § 10308(d), Dec. 23, 2022, 136 Stat. 3980.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(4), (5), was in the original ‘‘this title’’, meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete classifica- tion of this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–263, § 10308(d)(1), sub- stituted ‘‘$71,000,000 for each of fiscal years 2023 through 2028’’ for ‘‘$70,814,000 for each of fiscal years 2019 through 2023’’. Subsec. (a)(2). Pub. L. 117–263, § 10308(d)(2), substituted ‘‘$34,000,000 for each of fiscal years 2023 through 2028’’ for ‘‘$25,000,000 for each of fiscal years 2019 through 2023’’. Subsec. (a)(3). Pub. L. 117–263, § 10308(d)(3), substituted ‘‘$38,000,000 for each of fiscal years 2023 through 2028’’ for ‘‘$29,932,000 for each of fiscal years 2019 through 2023’’. Subsec. (a)(4). Pub. L. 117–263, § 10308(d)(4), substituted ‘‘$45,000,000 for each of fiscal years 2023 through 2028’’ for ‘‘$26,800,000 for each of fiscal years 2019 through 2023’’. Subsec. (a)(5). Pub. L. 117–263, § 10308(d)(5), substituted ‘‘$35,000,000 for each of fiscal years 2023 through 2028’’ for ‘‘$30,564,000 for each of fiscal years 2019 through 2023’’. 2018—Subsec. (a). Pub. L. 115–282, § 1001(a)(1), des- ignated existing provisions as subsec. (a) and inserted heading. Subsec. (a)(1). Pub. L. 115–282, § 1001(a)(2)(A), sub- stituted ‘‘surveys, $70,814,000 for each of fiscal years 2019 through 2023.’’ for ‘‘surveys— ‘‘(A) $55,000,000 for fiscal year 2009; ‘‘(B) $56,000,000 for fiscal year 2010; ‘‘(C) $57,000,000 for fiscal year 2011; and ‘‘(D) $58,000,000 for fiscal year 2012.’’ Subsec. (a)(2). Pub. L. 115–282, § 1001(a)(2)(B), sub- stituted ‘‘vessels, $25,000,000 for each of fiscal years 2019 through 2023.’’ for ‘‘vessels— ‘‘(A) $32,130,000 for fiscal year 2009; ‘‘(B) $32,760,000 for fiscal year 2010; ‘‘(C) $33,390,000 for fiscal year 2011; and ‘‘(D) $34,020,000 for fiscal year 2012.’’ Subsec. (a)(3). Pub. L. 115–282, § 1001(a)(2)(C), sub- stituted ‘‘Administration, $29,932,000 for each of fiscal years 2019 through 2023.’’ for ‘‘Administration— ‘‘(A) $25,900,000 for fiscal year 2009; ‘‘(B) $26,400,000 for fiscal year 2010; ‘‘(C) $26,900,000 for fiscal year 2011; and ‘‘(D) $27,400,000 for fiscal year 2012.’’ Subsec. (a)(4). Pub. L. 115–282, § 1001(a)(2)(D), sub- stituted ‘‘subchapter, $26,800,000 for each of fiscal years 2019 through 2023.’’ for ‘‘subchapter— ‘‘(A) $32,640,000 for fiscal year 2009; ‘‘(B) $33,280,000 for fiscal year 2010; ‘‘(C) $33,920,000 for fiscal year 2011; and ‘‘(D) $34,560,000 for fiscal year 2012.’’ Subsec. (a)(5). Pub. L. 115–282, § 1001(a)(2)(E), sub- stituted ‘‘subchapter, $30,564,000 for each of fiscal years 2019 through 2023.’’ for ‘‘subchapter— ‘‘(A) $27,000,000 for fiscal year 2009; ‘‘(B) $27,500,000 for fiscal year 2010; ‘‘(C) $28,000,000 for fiscal year 2011; and ‘‘(D) $28,500,000 for fiscal year 2012.’’ Subsec. (b). Pub. L. 115–282, § 1001(a)(3), added subsec. (b). Subsec. (c). Pub. L. 115–282, § 1001(b), added subsec. (c). 2008—Pub. L. 110–386 amended section generally. Prior to amendment, section authorized appropriations for fiscal years 2003 through 2007. 2002—Pub. L. 107–372 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated to the Administrator the following: ‘‘(1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 892a and 892b of this title, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 2001. ‘‘(2) To conduct hydrographic surveys under section 892a(a)(1) of this title, including the leasing of ships, $33,000,000 for fiscal year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year 2001. Of these amounts, no more than $16,000,000 is authorized for any one fiscal year to operate hydrographic survey vessels owned and operated by the Administration. ‘‘(3) To carry out geodetic functions under the Act of 1947, $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, and $30,000,000 for fiscal year 2001. ‘‘(4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each of fiscal years 1999 through 2001. Of these amounts $4,500,000 is authorized for each fiscal year to imple- ment and operate a national quality control system for real-time tide and current and maintain the na- tional tide network, and $7,000,000 is authorized for each fiscal year to design and install real-time tide and current data measurement systems under section 892a(b)(4) of this title.’’ 1998—Pub. L. 105–383 amended section generally, sub- stituting present provisions for substantially identical provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–383 effective immediately after enactment of Pub. L. 105–384, Nov. 13, 1998, see sec- tion 432(a) of Pub. L. 105–383, set out as a note under section 892c of this title. SUBCHAPTER V—RESEARCH, DEVELOP- MENT, EDUCATION, AND INNOVATION § 893. Ocean and atmospheric research and de- velopment program (a) In general The Administrator of the National Oceanic and Atmospheric Administration, in consulta- tion with the Director of the National Science Foundation and the Administrator of the Na- tional Aeronautics and Space Administration, shall establish a coordinated program of ocean,