[USC02] 33 USC CHAPTER 17, SUBCHAPTER IV: NOAA HYDROGRAPHIC SERVICES
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33 USC CHAPTER 17, SUBCHAPTER IV: NOAA HYDROGRAPHIC SERVICES
From Title 33—NAVIGATION AND NAVIGABLE WATERSCHAPTER 17—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SUBCHAPTER IV—NOAA HYDROGRAPHIC SERVICES

§892. Definitions

In this subchapter:

(1) Administrator

The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.

(2) Administration

The term "Administration" means the National Oceanic and Atmospheric Administration.

(3) Hydrographic data

The term "hydrographic data" means information that—

(A) is acquired through—

(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying;

(ii) geodetic, geospatial, or geomagnetic measurements;

(iii) tide, water level, and current observations; or

(iv) other methods; and


(B) is used in providing hydrographic services.

(4) Hydrographic services

The term "hydrographic services" means—

(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;

(B) the development of nautical information systems; and

(C) related activities.

(5) Coast and Geodetic Survey Act

The term "Coast and Geodetic Survey Act" means the Act entitled "An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes", approved August 6, 1947 (33 U.S.C. 883a et seq.).

(Pub. L. 105–384, title III, §302, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107–372, title I, §102, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110–386, §2, Oct. 10, 2008, 122 Stat. 4106.)

References in Text

This subchapter, referred to in text, was in the original "this title", meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete classification of this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables.

Act of August 6, 1947, referred to in par. (5), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, as amended, which is classified generally to subchapter II of this chapter. For complete classification of this Act to the Code, see Tables.

Amendments

2008—Pars. (3) to (5). Pub. L. 110–386, which directed the amendment of section "303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892)" by adding pars. (3) to (5) and striking out former pars. (3) to (5), was executed to this section, which is section 302 of the Hydrographic Services Improvement Act of 1998, to reflect the probable intent of Congress. Prior to amendment, pars. (3) to (5) defined the terms "hydrographic data", "hydrographic services", and "Act of 1947", respectively.

2002—Par. (3). Pub. L. 107–372, §102(1), inserted ", geospatial, or geomagnetic" after "geodetic".

Par. (4). Pub. L. 107–372, §102(2), inserted "geospatial, geomagnetic," after "geodetic,".

Short Title

For short title of this subchapter as the "Hydrographic Services Improvement Act of 1998", see section 301 of Pub. L. 105–384, set out as a Short Title of 1998 Amendment note under section 851 of this title.

§892a. Functions of the Administrator

(a) Responsibilities

To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, the Administrator shall—

(1) acquire and disseminate hydrographic data and provide hydrographic services;

(2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services;

(3) promulgate standards for hydrographic services provided by the Administration;

(4) ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies;

(5) maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies;

(6) provide hydrographic services in uniform, easily accessible formats;

(7) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and

(8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (6) through contracts or other agreements with private sector entities.

(b) Authorities

To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, subject to the availability of appropriations, the Administrator—

(1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services;

(2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency; and 1

(3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources;

(4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 741 of title 6);

(5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this subchapter; and

(6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40.2

(c) Conservation and management of coastal and ocean resources

Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hydrographic data and services to support the conservation and management of coastal and ocean resources.

(Pub. L. 105–384, title III, §303, Nov. 13, 1998, 112 Stat. 3454; Pub. L. 107–372, title I, §103, Dec. 19, 2002, 116 Stat. 3079; Pub. L. 110–386, §3, Oct. 10, 2008, 122 Stat. 4107.)

References in Text

This subchapter, referred to in subsecs. (a) and (b), 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.

Subchapter VI of chapter 10 of title 40, referred to in subsec. (b)(6), probably means title IX of the Federal Property and Administrative Services Act of 1949, act June 30, 1949, ch. 288, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278. Title IX of the Act, which was classified generally to subchapter VI (§541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of act June 30, 1949, to the Code, see Tables.

Amendments

2008—Subsec. (a). Pub. L. 110–386, §3(1), substituted "the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter," for "the Act of 1947," in introductory provisions.

Subsec. (a)(1). Pub. L. 110–386, §3(2), substituted "data and provide hydrographic services;" for "data;".

Subsec. (b). Pub. L. 110–386, §3(3), added subsec. (b) and struck out former subsec. (b) which related to actions of Administrator to fulfill data gathering and dissemination duties of the Administration under the Act of 1947.

2002—Subsec. (b)(4). Pub. L. 107–372, §103(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "may design and install where appropriate Physical Oceanographic Real-Time Systems to enhance navigation safety and efficiency."

Subsec. (c). Pub. L. 107–372, §103(b), added subsec. (c).

System for Tracking and Reporting All-Inclusive Cost of Hydrographic Surveys

Pub. L. 115–282, title X, §1002, Dec. 4, 2018, 132 Stat. 4365, provided that:

"(a) In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 4, 2018], the Secretary of Commerce shall—

"(1) develop and implement a system to track and report the full cost to the Department of Commerce of hydrographic data collection, including costs relating to vessel acquisition, vessel repair, and administration of contracts to procure data;

"(2) evaluate measures for comparing cost per unit effort in addition to measures of cost per nautical square mile; and

"(3) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on which additional measures for comparing cost per unit effort the Secretary intends to use and the rationale for such use.

"(b) Development of Strategy for Increased Contracting With Nongovernmental Entities for Hydrographic Data Collection.—Not later than 180 days after the date on which the Secretary completes the activities required by subsection (a), the Secretary shall develop a strategy for how the National Oceanic and Atmospheric Administration will increase contracting with nongovernmental entities for hydrographic data collection in a manner that is consistent with the requirements of the Ocean and Coastal Mapping Integration Act ([subtitle B of title XII of] Public Law 111–11; 33 U.S.C. 3501 et seq.)."

Hydrographic Survey

Pub. L. 106–541, title V, §554, Dec. 11, 2000, 114 Stat. 2679, provided that: "The Secretary [of the Army] shall enter into an agreement with the Administrator of the National Oceanic and Atmospheric Administration—

"(1) to require the Secretary, not later than 60 days after the Corps of Engineers completes a project involving dredging of a channel, to provide data to the Administration in a standard digital format on the results of a hydrographic survey of the channel conducted by the Corps of Engineers; and

"(2) to require the Administrator to provide the final charts with respect to the project to the Secretary in digital format, at no charge, for the purpose of enhancing the mission of the Corps of Engineers of maintaining Federal navigation projects."

1 So in original. The word "and" probably should not appear.

2 See References in Text note below.

§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); 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, §304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107–372, title I, §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."

§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 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).

(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.)

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."

2002Pub. 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.

1998Pub. 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, §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]."

§892d. Authorization of appropriations

(a) In general

There are authorized to be appropriated to the Administrator the following:

(1) To carry out nautical mapping and charting functions under sections 892b and 892c of this title, except for conducting hydrographic surveys, $70,814,000 for each of fiscal years 2019 through 2023.

(2) To contract for hydrographic surveys under section 892b(b)(1) of this title, including the leasing or time chartering of vessels, $25,000,000 for each of fiscal years 2019 through 2023.

(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration, $29,932,000 for each of fiscal years 2019 through 2023.

(4) To carry out geodetic functions under this subchapter, $26,800,000 for each of fiscal years 2019 through 2023.

(5) To carry out tide and current measurement functions under this subchapter, $30,564,000 for each of fiscal years 2019 through 2023.

(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.

(b) Arctic programs

Of the amount authorized by this section for each fiscal year—

(1) $10,000,000 is authorized for use in the Arctic—

(A) to acquire hydrographic data;

(B) to provide hydrographic services;

(C) to conduct coastal change analyses necessary to ensure safe navigation;

(D) to improve the management of coastal change; and

(E) to reduce risks of harm to subsistence and coastal communities associated with increased international maritime traffic; and


(2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended Continental Shelf.

(c) Limitation on administrative expenses for surveys

Of amounts authorized by this section for each fiscal year for contract hydrographic surveys, not more than 5 percent is authorized for administrative costs associated with contract management.

(Pub. L. 105–384, title III, §306, Nov. 13, 1998, 112 Stat. 3457; Pub. L. 105–383, title IV, §432(b), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–372, title I, §106, Dec. 19, 2002, 116 Stat. 3081; Pub. L. 110–386, §5, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 115–282, title X, §1001, Dec. 4, 2018, 132 Stat. 4364.)

References in Text

This subchapter, referred to in subsec. (a)(4), (5), was in the original "this title", meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete classification of this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–282, §1001(a)(1), designated existing provisions as subsec. (a) and inserted heading.

Subsec. (a)(1). Pub. L. 115–282, §1001(a)(2)(A), substituted "surveys, $70,814,000 for each of fiscal years 2019 through 2023." for "surveys—

"(A) $55,000,000 for fiscal year 2009;

"(B) $56,000,000 for fiscal year 2010;

"(C) $57,000,000 for fiscal year 2011; and

"(D) $58,000,000 for fiscal year 2012."

Subsec. (a)(2). Pub. L. 115–282, §1001(a)(2)(B), substituted "vessels, $25,000,000 for each of fiscal years 2019 through 2023." for "vessels—

"(A) $32,130,000 for fiscal year 2009;

"(B) $32,760,000 for fiscal year 2010;

"(C) $33,390,000 for fiscal year 2011; and

"(D) $34,020,000 for fiscal year 2012."

Subsec. (a)(3). Pub. L. 115–282, §1001(a)(2)(C), substituted "Administration, $29,932,000 for each of fiscal years 2019 through 2023." for "Administration—

"(A) $25,900,000 for fiscal year 2009;

"(B) $26,400,000 for fiscal year 2010;

"(C) $26,900,000 for fiscal year 2011; and

"(D) $27,400,000 for fiscal year 2012."

Subsec. (a)(4). Pub. L. 115–282, §1001(a)(2)(D), substituted "subchapter, $26,800,000 for each of fiscal years 2019 through 2023." for "subchapter—

"(A) $32,640,000 for fiscal year 2009;

"(B) $33,280,000 for fiscal year 2010;

"(C) $33,920,000 for fiscal year 2011; and

"(D) $34,560,000 for fiscal year 2012."

Subsec. (a)(5). Pub. L. 115–282, §1001(a)(2)(E), substituted "subchapter, $30,564,000 for each of fiscal years 2019 through 2023." for "subchapter—

"(A) $27,000,000 for fiscal year 2009;

"(B) $27,500,000 for fiscal year 2010;

"(C) $28,000,000 for fiscal year 2011; and

"(D) $28,500,000 for fiscal year 2012."

Subsec. (b). Pub. L. 115–282, §1001(a)(3), added subsec. (b).

Subsec. (c). Pub. L. 115–282, §1001(b), added subsec. (c).

2008Pub. L. 110–386 amended section generally. Prior to amendment, section authorized appropriations for fiscal years 2003 through 2007.

2002Pub. L. 107–372 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "There is authorized to be appropriated to the Administrator the following:

"(1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 892a and 892b of this title, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 2001.

"(2) To conduct hydrographic surveys under section 892a(a)(1) of this title, including the leasing of ships, $33,000,000 for fiscal year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year 2001. Of these amounts, no more than $16,000,000 is authorized for any one fiscal year to operate hydrographic survey vessels owned and operated by the Administration.

"(3) To carry out geodetic functions under the Act of 1947, $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, and $30,000,000 for fiscal year 2001.

"(4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each of fiscal years 1999 through 2001. Of these amounts $4,500,000 is authorized for each fiscal year to implement and operate a national quality control system for real-time tide and current and maintain the national tide network, and $7,000,000 is authorized for each fiscal year to design and install real-time tide and current data measurement systems under section 892a(b)(4) of this title."

1998Pub. L. 105–383 amended section generally, substituting present provisions for substantially identical provisions.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–383 effective immediately after enactment of Pub. L. 105–384, Nov. 13, 1998, see section 432(a) of Pub. L. 105–383, set out as a note under section 892c of this title.