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Title 33 — Navigation and Navigable Waters

Chapter 17 — National Oceanic and Atmospheric Administration

§ 892c. Hydrographic Services Review Panel

Statutory text

(a)

Establishment

No later than 1 year after , 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 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 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).

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 § 305 · 112 Stat. 3451

    Enacted · 33 U.S.C. § 892c

    Pub. L. 105–384, title III, § 305, Nov. 13, 1998, 112 Stat. 3456

    Source evidence

    Code source credit
    Pub. L. 105–384, title III, § 305, Nov. 13, 1998, 112 Stat. 3456

    Enacted provision · exact public law section
    SEC. 305. REPORTS. (a) Ports.— Not later than 6 months after the date of the Deadline. enactment of this Act, 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 implementing those systems in priority locations. (b), Maintaining Federal Expertise in Hydrographic Services.— (1) In general.— Not later than 6 months after the date Deadline. of the enactment of this Act, the Administrator shall report to the Congress on a plan to ensure that Federal competence and expertise in hydrographic surveying will be maintained after the decommissioning of the 3 existing Administration hydrographic survey vessels. (2) Contents.— The report shall include— (A) an evaluation of the seagoing capacity, personnel, and equipment necessary to maintain Federal expertise in hydrographic services; (B) an estimated schedule for decommissioning the 3 existing survey vessels; (C) a plan to maintain Federal expertise in hydrographic services after the decommissioning of these vessels; and (D) an estimate of the cost of carrying out this plan.

  2. Coast Guard Authorization Act of 1998

    Pub. L. 105–383 title IV § 432(c) · 112 Stat. 3411

    Struck · 33 U.S.C. § 892c

    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:

    Source evidence

    Code amendment note
    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 implementing those systems in priority locations.”

    Enacted provision · exact public law section
    (c) Repeal of Report Requirements.— Section 305 of the Hydrographic Services Improvement Act of 1998 is amended by 33 USC 892c. striking subsections (a) and (d).

    Effective date note
    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—

  3. Pub. L. 107–372 title I § 105 · 116 Stat. 3078

    1. Amended · 33 U.S.C. § 892c

      Pub. L. 107–372 amended section generally

    2. Substituted · 33 U.S.C. § 892c

      Pub. L. 107–372 substituting provisions establishing Hydrographic Services Review Panel for provisions requiring report, not later than 6 months after November 13, 1998, on a plan to ensure maintenance of Federal competence and expertise in hydrographic surveying

    Source evidence

    Code amendment note
    Pub. L. 107–372 amended section generally, substituting provisions establishing Hydrographic Services Review Panel for provisions requiring report, not later than 6 months after November 13, 1998, on a plan to ensure maintenance of Federal competence and expertise in hydrographic surveying.

    Enacted provision · exact public law section
    SEC. 105. HYDROGRAPHIC SERVICES REVIEW PANEL. Section 305 (33 U.S.C. 892c) is amended to read as follows: “SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL. “(a) Establishment.— Deadline. No later than 1 year after the date of enactment of the Hydrographic Services Improvement Act Amendments of 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 303 of this Act 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 Director of the Joint Hydrographic Institute 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 one or more of the disciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and coastal and fishery management. “(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 Act 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, United States Code, 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).”.

  4. Hydrographic Services Improvement Act Amendments of 2008

    Pub. L. 110–386 § 4 · 122 Stat. 4106

    Amended · 33 U.S.C. § 892c(c)(1)(A)

    Pub. L. 110–386 amended subpar. (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 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 one or more of the disciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and coastal and fishery management.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 110–386 amended subpar. (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 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 one or more of the disciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and coastal and fishery management.”

    Enacted provision · exact public law section
    SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.   Section 305(c)(1)(A) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended to read as follows: “(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.”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

This subchapter, referred to in subsec. (c)(1)(C), 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, , 112 Stat. 3454, known as the Hydrographic Services Improvement 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.

Amendments1998–2008 · 3 rounds

2008

Subsec. (c)(1)(A). Pub. L. 110–386 amended subpar. (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 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 one or more of the disciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and coastal and fishery management.”

2002

Pub. L. 107–372 amended section generally, substituting provisions establishing Hydrographic Services Review Panel for provisions requiring report, not later than 6 months after , on a plan to ensure 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 , 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 implementing those systems in priority locations.”

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–383, title IV, § 432(a), , 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, ]; or

“(2)

the enactment of this Act [].”

Credits

1998–2008 · 4 acts
  1. 1998Pub. L. 105–384, title III, § 305, , 112 Stat. 3456
  2. 1998Pub. L. 105–383, title IV, § 432(c), , 112 Stat. 3445
  3. 2002Pub. L. 107–372, title I, § 105, , 116 Stat. 3080
  4. 2008Pub. L. 110–386, § 4, , 122 Stat. 4107.
Show as published

(Pub. L. 105–384, title III, § 305, , 112 Stat. 3456; Pub. L. 105–383, title IV, § 432(c), , 112 Stat. 3445; Pub. L. 107–372, title I, § 105, , 116 Stat. 3080; Pub. L. 110–386, § 4, , 122 Stat. 4107.)

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