33 U.S.C. § 892c: Hydrographic Services Review…

Summary

The Secretary must create the Hydrographic Services Review Panel no later than 1 year after December 19, 2002. The panel must advise the Administrator on matters tied to hydrographic responsibilities in section 892a and on other topics the Administrator sends it. The Administrator must give the panel the information, staff help, and services it reasonably needs. The panel may use whatever powers are needed to do its job. The panel has 15 voting members chosen by the Administrator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center and up to 2 NOAA employees may join as nonvoting members. Voting members must have special knowledge or experience in hydrographic data, marine transportation, ports, pilotage, coastal and fishery management, or similar fields. Full-time federal employees cannot be voting members. If a voting member is an applicant for or beneficiary of assistance under this subchapter, they must say so and not vote on that issue. Voting members serve 4-year terms (the first group is staggered with five 2-year, five 3-year, and five 4-year terms). Members may be reappointed once for a full term and may stay until their successor takes office. The Secretary must ask for nominations in the Federal Register at least once a year. The panel picks a Chair and Vice Chair from the voting members; the Vice Chair fills in when needed. Voting members get pay set by the Secretary up to the daily maximum under 5 U.S.C. 5376 and are reimbursed for actual expenses. The panel meets twice a year and more often if the Chair, a majority of voting members, or the Secretary requests it.

Title 33, §892c

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(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 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).

Notes & Related Subsidiaries

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, 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

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

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.”

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].”

§892c Hydrographic Services Review Panel