§ 892b. — Quality assurance program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC892b]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER IV--NOAA HYDROGRAPHIC SERVICES
Sec. 892b. 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--
(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;
(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) of this section; 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.
(Pub. L. 105-384, title III, Sec. 304, Nov. 13, 1998, 112 Stat. 3455;
Pub. L. 107-372, title I, Sec. 104(a), Dec. 19, 2002, 116 Stat. 3080.)
Amendments
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.''
Section Referred to in Other Sections
This section is referred to in section 892d of this title.
