33 U.S.C. § 892c — Hydrographic Services Review Panel

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 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. (Pub. L. 105–384, title III, § 304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107–372, title I, § 104(a), Dec. 19, 2002, 116 Stat. 3080; Pub. L. 117–263, div. J, title CIII, § 10308(c), Dec. 23, 2022, 136 Stat. 3980.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘product or service produced or disseminated’’ for ‘‘product pro- duced’’. 2002—Subsec. (b)(1). Pub. L. 107–372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The Administrator may— ‘‘(A) develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydro- graphic products that satisfy the standards promul- gated by the Administrator under section 892a(a)(3) of this title; ‘‘(B) authorize the use of the emblem or any trade- mark of the Administration on a hydrographic prod- uct certified under subparagraph (A); and ‘‘(C) charge a fee for such certification and use.’’ § 892c. Hydrographic Services Review Panel (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 au- thorities set forth in section 892a of this title and such other appropriate matters as the Ad- ministrator refers to the panel for review and advice. (2) Administrative resources The Administrator shall make available to the panel such information, personnel, and ad- ministrative 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 mem- bers who shall be appointed by the Adminis- trator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydro- graphic Center and no more than 2 employees of the National Oceanic and Atmospheric Ad- ministration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be indi- viduals who, by reason of knowledge, experi- ence, or training, are especially qualified in 1 or more of the disciplines and fields relating to hydrographic data and hydrographic serv- ices, marine transportation, port administra- tion, vessel pilotage, coastal and fishery man- agement, 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 re- lationship, 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 Adminis- trator at the time of appointment. (B) Any individual appointed to a partial or full term may be reappointed for one addi- 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