[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9862-S9864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS of 2007

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 467, S. 
1582.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1582) to reauthorize and amend the Hydrographic 
     Services Improvement Act, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 1582

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hydrographic Services 
     Improvement Act Amendments of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       The Hydrographic Services Improvement Act of 1998 (33 
     U.S.C. 892 et seq.) is amended--
       (1) by redesignating sections 302 through 306 as sections 
     303 through 307, respectively; and
       (2) by inserting after section 301 the following:

     ``SEC. 302. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds the following:
       ``(1) In 2007, the Nation celebrates the 200th anniversary 
     of its oldest scientific agency, the Survey of the Coast, 
     which was authorized by Congress and created by President 
     Thomas Jefferson in 1807 to conduct surveys of the coast and 
     provide nautical charts for safe passage through the Nation's 
     ports and along its extensive coastline.
       ``(2) These mission requirements and capabilities, which 
     today are located in the National Oceanic and Atmospheric 
     Administration, evolved over time to include--
       ``(A) research, development, operations, products, and 
     services associated with hydrographic, geodetic, shoreline, 
     and baseline surveying;
       ``(B) cartography, mapping, and charting;
       ``(C) tides, currents, and water level observations;
       ``(D) maintenance of a national spatial reference system; 
     and
       ``(E) associated products and services.
       ``(3) There is a need to maintain Federal expertise and 
     capability in hydrographic data and services to support a 
     safe and efficient marine transportation system for the 
     enhancement and promotion of international trade and 
     interstate commerce vital to the Nation's economic prosperity 
     and for myriad other commercial and recreational activities.
       ``(4) The Nation's marine transportation system is becoming 
     increasingly congested, the volume of international maritime 
     commerce is expected to double within the next 20 years, and 
     nearly half of the cargo transiting United States waters is 
     oil, refined petroleum products, or other hazardous 
     substances.
       ``(5) In addition to commerce, hydrographic data and 
     services support other national needs for the Great Lakes and 
     coastal waters, the territorial sea, the Exclusive Economic 
     Zone, and the continental shelf of the United States, 
     including--
       ``(A) emergency response;
       ``(B) homeland security;
       ``(C) marine resource conservation;
       ``(D) coastal resiliency to sea-level rise, coastal 
     inundation, and other hazards;
       ``(E) ocean and coastal science advancement; and
       ``(F) improved and integrated ocean and coastal mapping and 
     observations for an integrated ocean observing system.
       ``(6) The National Oceanic and Atmospheric Administration, 
     in cooperation with other agencies and the States, serves as 
     the Nation's leading civil authority for establishing and 
     maintaining national standards and datums for hydrographic 
     data and services.
       ``(7) The Director of the National Oceanic and Atmospheric 
     Administration's Office of Coast Survey serves as the 
     National Hydrographer and the primary United States 
     representative to the international hydrographic community, 
     including the International Hydrographic Organization.
       ``(8) The hydrographic expertise, data, and services of the 
     National Oceanic and Atmospheric Administration provide the 
     underlying and authoritative basis for baseline and boundary 
     demarcation, including the establishment of marine and 
     coastal territorial limits and jurisdiction, such as the 
     Exclusive Economic Zone.
       ``(9) Research, development and application of new 
     technologies will further increase efficiency, promote the 
     Nation's competitiveness, provide social and economic 
     benefits, enhance safety and environmental protection, and 
     reduce risks.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to augment the ability of the National Oceanic and 
     Atmospheric Administration to fulfill its responsibilities 
     under this and other authorities;
       ``(2) to provide more accurate and up-to-date hydrographic 
     data and services in support of safe and efficient 
     international trade and interstate commerce, including--
       ``(A) hydrographic surveys;
       ``(B) electronic navigational charts;
       ``(C) real-time tide, water level, and current information 
     and forecasting;
       ``(D) shoreline surveys; and
       ``(E) geodesy and 3-dimensional positioning data;
       ``(3) to support homeland security, emergency response, 
     ecosystem approaches to marine management, and coastal 
     resiliency by providing hydrographic data and services with 
     many other useful operational, scientific, engineering, and 
     management applications, including--
       ``(A) storm surge, tsunami, coastal flooding, erosion, and 
     pollution trajectory monitoring, predictions, and warnings;
       ``(B) marine and coastal geographic information systems;
       ``(C) habitat restoration;
       ``(D) long-term sea-level trends; and
       ``(E) more accurate environmental assessments and 
     monitoring;
       ``(4) to promote improved integrated ocean and coastal 
     mapping and observations through increased coordination and 
     cooperation;
       ``(5) to provide for and support research and development 
     in hydrographic data, services and related technologies to 
     enhance the efficiency, accuracy and availability of 
     hydrographic data and services and thereby promote the 
     Nation's scientific and technological competitiveness; [and]
       ``(6) to provide training in acquisition and application of 
     hydrographic data; and
       ``[(6)] (7) to provide national and international 
     leadership for hydrographic and related services, sciences, 
     and technologies.''.

     SEC. 3. DEFINITIONS.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892), as redesignated by section 2, is 
     amended--
       (1) by [amending paragraph (3) to read as follows:] 
     striking paragraph (3) and inserting the following:
       ``(3) Hydrographic data.--The term ``hydrographic data'' 
     means information acquired through hydrographic, bathymetric, 
     or shoreline surveying; geodetic, geospatial, or geomagnetic 
     measurements; tide, water level, and current observations, or 
     other methods, that is used in providing hydrographic 
     services.'';
       (2) by striking paragraph (4)(A) and inserting the 
     following:
       ``(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;''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(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.).''.

     SEC. 4. FUNCTIONS OF THE ADMINISTRATOR.

       Section 304 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892a), as redesignated by section 2, is 
     amended--
       (1) by striking ``the Act of 1947,'' in subsection (a) and 
     inserting ``the Coast and Geodetic Survey Act, promote safe, 
     efficient, and environmentally sound marine transportation, 
     and otherwise fulfill the purposes of this Act,'';
       (2) by striking ``data;'' in subsection [(a)1)] (a)(1) and 
     inserting ``data and provide hydrographic services;''; and

[[Page S9863]]

       (3) by striking subsection (b) and inserting the following:
       ``(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 Act, subject to the availability 
     of appropriations--
       ``(1) the Administrator 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) the Administrator shall design, install, maintain, 
     and operate real-time hydrographic monitoring systems to 
     enhance navigation safety and efficiency;
       ``(3) where appropriate and to the extent that it does not 
     detract from the promotion of safe and efficient navigation, 
     the Administrator may acquire hydrographic data and provide 
     hydrographic services to support the conservation and 
     management of coastal and ocean resources;
       ``(4) where appropriate, the Administrator 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 641 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 741);
       ``(5) the Administrator may create, support, and maintain 
     such joint centers, and enter into and perform such 
     contracts, leases, grants, or cooperative agreements as may 
     be necessary to carry out the purposes of this Act; and
       ``(6) notwithstanding paragraph (5), the Administrator 
     shall award contracts for the acquisition of hydrographic 
     data in accordance with title IX of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 1101 et 
     seq.).''.

     SEC. 5. QUALITY ASSURANCE PROGRAM.

       Subsection (b) of section 305 of the Hydrographic Services 
     Improvement Act of 1998 (33 U.S.C. 892b), as redesignated by 
     section 2, is amended by striking ``303(a)(3)'' each place it 
     appears and inserting ``304(a)(3)''.

     SEC. 6. HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892c), as redesignated by section 2, is 
     amended--
       (1) by striking ``303'' in subsection (b)(1) and inserting 
     ``304'';
       (2) by striking subsection (c)(1)(A) and inserting ``(A) 
     The panel shall consist of 15 voting members who shall be 
     appointed by the Administrator. The Co-directors of the 
     [Joint Hydrographic Institute] 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,] services, marine 
     transportation, port administration, vessel pilotage, coastal 
     and fishery management, and other disciplines as determined 
     appropriate by the Administrator.'';
       (3) by striking ``Secretary'' in subsections (c)(1)(C), 
     (c)(3), and (e) and inserting ``Administrator''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) Compensation.--Voting members of the panel shall be 
     reimbursed for actual and reasonable expenses, such as travel 
     and per diem, incurred in the performance of such duties.''.

     SEC. 7. AUTHORIZED COMMISSION OFFICERS.

       Section 215 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3005) is amended to read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``(a) In General.--The total number of authorized 
     commissioned officers in the NOAA Corps shall not exceed 428.
       ``(b) Fiscal Year Strength.--The Secretary shall establish 
     the strength for the NOAA Corps each fiscal year. The actual 
     number of authorized officers will be based on organizational 
     needs and available appropriated funding.
       ``(c) Certain Officers.--Officers serving under section 228 
     and officers recalled from retired status shall not be 
     counted in determining authorized strength under subsection 
     (a) and shall not count against that strength.''.

     [SEC. 7. AUTHORIZATION OF APPROPRIATIONS.]

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       Section 307 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d), as redesignated by section 2, is 
     amended to read as follows:

     ``SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Administrator sums as may be necessary for each of fiscal 
     years 2008 through 2012 for the purposes of carrying out this 
     Act.''.

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
committee-reported amendments be withdrawn, that an Inouye substitute 
amendment, which is at the desk, be agreed to, the bill, as amended, be 
read a third time and passed, the motions to reconsider be laid upon 
the table, with no intervening action or debate, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5667) was agreed to, as follow:

                (Purpose: In the nature of a substitute)

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hydrographic Services 
     Improvement Act Amendments of 2008''.

     SEC. 2. DEFINITIONS.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892) is amended by striking paragraphs (3), 
     (4), and (5) and inserting the following:
       ``(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.).''.

     SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892a) is amended--
       (1) by striking ``the Act of 1947,'' in subsection (a) and 
     inserting ``the Coast and Geodetic Survey Act, promote safe, 
     efficient and environmentally sound marine transportation, 
     and otherwise fulfill the purposes of this Act,'';
       (2) by striking ``data;'' in subsection (a)(1) and 
     inserting ``data and provide hydrographic services;'' and
       (3) by striking subsection (b) and inserting the following:
       ``(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 Act, 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
       ``(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 641 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 741));
       ``(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 Act; 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, United States Code.''.

     SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 305(c)(1)(A) of the Hydrographic Services 
     Improvement Act of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended 
     to read as follows: ``(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

[[Page S9864]]

     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.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d) is amended to read as follows:

     ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Administrator the following:
       ``(1) To carry out nautical mapping and charting functions 
     under sections 304 and 305, except for conducting 
     hydrographic 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.
       ``(2) To contract for hydrographic surveys under section 
     304(b)(1), including the leasing or time chartering of 
     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.
       ``(3) To operate hydrographic survey vessels owned by the 
     United States and operated by the 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.
       ``(4) To carry out geodetic functions under this title--
       ``(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.
       ``(5) To carry out tide and current measurement functions 
     under this title--
       ``(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.
       ``(6) To acquire a replacement hydrographic survey vessel 
     capable of staying at sea continuously for at least 30 days 
     $75,000,000.''.

     SEC. 6. AUTHORIZED NOAA CORPS STRENGTH.

       Section 215 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3005) is amended to read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``Effective October 1, 2009, the total number of authorized 
     commissioned officers on the lineal list of the commissioned 
     corps of the National Oceanic and Atmospheric Administration 
     shall be increased from 321 to 379 if--
       ``(1) the Secretary has submitted to the Congress--
       ``(A) the Administration's ship recapitalization plan for 
     fiscal years 2010 through 2024;
       ``(B) the Administration's aircraft remodernization plan; 
     and
       ``(C) supporting workforce management plans;
       ``(2) appropriated funding is available; and
       ``(3) the Secretary has justified organizational needs for 
     the commissioned corps for each such fiscal year.''

  The bill (S. 1582), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________