§ 892c. — Reports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC892c]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER IV--NOAA HYDROGRAPHIC SERVICES
Sec. 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 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 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 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) of this section.
(Pub. L. 105-384, title III, Sec. 305, Nov. 13, 1998, 112 Stat. 3456;
Pub. L. 105-383, title IV, Sec. 432(c), Nov. 13, 1998, 112 Stat. 3445;
Pub. L. 107-372, title I, Sec. 105, Dec. 19, 2002, 116 Stat. 3080.)
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, Nov. 13, 1998, 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.
Amendments
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 November 13,
1998, 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 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.''
Effective Date of 1998 Amendment
Pub. L. 105-383, title IV, Sec. 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].''
