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Title 33 — Navigation and Navigable Waters

Chapter 17 — National Oceanic and Atmospheric Administration

§ 892b. Quality assurance program

Statutory text

(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 , 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;

(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, 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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Hydrographic Services Improvement Act of 1998

    Pub. L. 105–384 title III § 304 · 112 Stat. 3451

    Enacted · 33 U.S.C. § 892b

    Pub. L. 105–384, title III, § 304, Nov. 13, 1998, 112 Stat. 3455

    Source evidence

    Code source credit
    Pub. L. 105–384, title III, § 304, Nov. 13, 1998, 112 Stat. 3455

    Enacted provision · exact public law section
    SEC. 304. QUALITY ASSURANCE PROGRAM. (a) Definition.— For purposes of this section, the term “hydrographic product” means any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data. (b) Program.— (1) In general.— The Administrator may— (A) 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 303(a)(3); (B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and (C) 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 303(a)(3), 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 the date of the enactment of this Act, 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, United States Code.

  2. Pub. L. 107–372 title I § 104(a) · 116 Stat. 3078

    Amended · 33 U.S.C. § 892b(b)(1)

    Pub. L. 107–372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Administrator may—

    Source evidence

    Code amendment note
    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 hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title; “(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and “(C) charge a fee for such certification and use.”

    Enacted provision · exact public law section
    (a) In General.— Section 304(b)(1) (33 U.S.C. 892b(b)(1)) is amended to read as follows: “(1) In general.— The Administrator— “(A) Deadline. by not later than 2 years after the date of enactment of the Hydrographic Services Improvement Act Amendments of 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 303(a)(3) of this Act; “(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.”.

  3. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. J title CIII § 10308(c) · 136 Stat. 2395

    Substituted · 33 U.S.C. § 892b(a)

    Pub. L. 117–263 substituted “product or service produced or disseminated” for “product produced”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–263 substituted “product or service produced or disseminated” for “product produced”.

    Enacted provision · exact public law section
    (c) Quality Assurance Program.— Section 304(a) of such Act (33 U.S.C. 892b(a)) is amended by striking “product produced” and inserting “product or service produced or disseminated”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments2002–2022 · 2 rounds

2022

Subsec. (a). Pub. L. 117–263 substituted “product or service produced or disseminated” for “product produced”.

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 hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title;

“(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and

“(C) charge a fee for such certification and use.”

Credits

1998–2022 · 3 acts
  1. 1998Pub. L. 105–384, title III, § 304, , 112 Stat. 3455
  2. 2002Pub. L. 107–372, title I, § 104(a), , 116 Stat. 3080
  3. 2022Pub. L. 117–263, div. J, title CIII, § 10308(c), , 136 Stat. 3980.
Show as published

(Pub. L. 105–384, title III, § 304, , 112 Stat. 3455; Pub. L. 107–372, title I, § 104(a), , 116 Stat. 3080; Pub. L. 117–263, div. J, title CIII, § 10308(c), , 136 Stat. 3980.)

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