33 U.S.C. § 892c — Hydrographic Services Review Panel

submitted 28 years ago by Pub. L. 105-384 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 571 words · no verdicts yet

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The Secretary must establish a 15-member Hydrographic Services Review Panel. It advises the Administrator, has specified membership and conflict rules, serves staggered terms, meets at least twice a year, and receives set compensation and expenses.

(a) No later than one year after December 19, 2002, the Secretary must establish the Hydrographic Services Review Panel. (b) It advises the Administrator about section 892a responsibilities and other matters referred to it. The Administrator must provide reasonably needed information, personnel, and administrative help. (c) The panel has 15 voting members appointed by the Administrator, plus the Center for Coastal and Ocean Mapping/Joint Hydrographic Center co-directors and no more than two NOAA employees as nonvoting members. Voting members must be especially qualified by knowledge, experience, or training in the listed hydrographic, transportation, port, pilotage, coastal, fishery, and other fields. A full-time United States officer or employee cannot be a voting member. A member who seeks or receives assistance under this subchapter must disclose that fact and cannot vote on that assistance. Voting terms are four years; the original members serve staggered two-, three-, and four-year terms. A person serving a partial or full term may be reappointed once for a full term and may continue until a successor takes office. The Secretary must publish an annual Federal Register request for nominations. The panel chooses a Chair and Vice Chair; the Vice Chair acts when the Chair is absent or unable to serve. (d) Voting members receive a Secretary-set rate, no more than the maximum daily rate under section 5376 of title 5, while working for the panel, and reimbursement for actual reasonable expenses. (e) The panel meets twice each year and when called by the Chair, most voting members, or the Secretary. (f) It may exercise reasonably necessary powers to perform its duties.

the actual law source: uscode.house.gov ↗public domain

(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.

(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).

Source credit: (Pub. L. 105–384, title III, § 305, Nov. 13, 1998, 112 Stat. 3456; Pub. L. 105–383, title IV, § 432(c), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–372, title I, § 105, Dec. 19, 2002, 116 Stat. 3080; Pub. L. 110–386, § 4, Oct. 10, 2008, 122 Stat. 4107.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-384 · 112 Stat. 3456
1998Amended · Pub. L. 105-383 · 112 Stat. 3445
2002Amended · Pub. L. 107-372 · 116 Stat. 3080
2008Amended · Pub. L. 110-386 · 122 Stat. 4107

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-384 on 1998-11-13.

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