
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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.

                    (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.)

                  Section Referred to in Other Sections

    This section is referred to in section 892d of this title.
