[Senate Report 110-218]
[From the U.S. Government Publishing Office]



110th Congress 
 1st Session                     SENATE                          Report
                                                                110-218
_______________________________________________________________________

                                     

                                                       Calendar No. 467


        HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2007

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1582



                                     

                November 2, 2007.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
                                                       Calendar No. 467
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-218

======================================================================



 
        HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2007

                                _______
                                

                November 2, 2007.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1582]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1582) to reauthorize and amend 
the Hydrographic Services Improvement Act, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill (as amended) do 
pass.

                          Purpose of the Bill

    The purpose of S. 1582, the Hydrographic Services 
Improvement Act Amendments of 2007, is to reauthorize and amend 
the Hydrographic Services Improvement Act of 1998, and to 
authorize appropriations for fiscal years 2008 through 2012.

                          Background and Needs

    The National Oceanic and Atmospheric Administration (NOAA) 
plays a central role in surveying and mapping the ocean floor. 
NOAA's hydrographic activities provide valuable services to the 
maritime industry and other agencies responsible for maritime 
transportation. In addition, NOAA's surveying capabilities play 
an important role in ensuring safe navigation in response to 
natural disasters and homeland security incidents. NOAA 
provided an essential contribution in the aftermath of 
Hurricanes Katrina and Rita by helping to clear waterways that 
serve as a lifeline to the region.
    This year, NOAA is celebrating the 200th anniversary of the 
Survey of the Coast, established by Thomas Jefferson in 1807 to 
provide nautical charts to the maritime community for safe 
passage into our Nation's ports. Currently NOAA's Office of 
Coast Survey holds more than 20,000 historical nautical charts 
and continually updates its collection of 1,000 current charts.
    The Hydrographic Services Improvement Act (HSIA) was 
enacted in 1998 and amended in 2002. The HSIA tasks the NOAA 
Administrator with gathering and disseminating hydrographic 
data. The HSIA provides the NOAA Administrator with authorities 
to ensure safe and efficient navigation, and the protection of 
coastal and ocean resources, including authorities to: (1) 
promulgate standards for hydrographic data; (2) ensure 
comprehensive geographic coverage of hydrographic services; (3) 
maintain a national database of hydrographic data; (4) provide 
hydrographic services in uniform, easily accessible formats 
(e.g. nautical charts); (5) enter into and award contracts for 
the acquisition of hydrographic data and services; (6) procure, 
lease, evaluate, test, develop, and operate vessels, equipment, 
and technologies necessary to maintain operational expertise in 
hydrographic data acquisition and hydrographic services; and 
(7) use hydrographic data to support the conservation and 
management of coastal and ocean resources.
    The Committee also notes that amendments were recently 
adopted to the International Hydrographic Organization (IHO) 
Convention to increase the IHO's effectiveness, efficiency, and 
responsiveness to the international maritime community. The 
Director of NOAA's Office of Coast Survey is the official 
Hydrographer of the United States and represents the United 
States at the IHO. Prompt adoption by the United States of 
these amendments would improve international cooperation in 
this area.

                         Summary of Provisions

    S. 1582 would reauthorize the HSIA for five years, and 
would: (1) add a findings and purposes section that describes 
the importance, roles, functions, and applications of the 
hydrographic services in support of safe, efficient, and 
environmentally sound navigation and maritime commerce and 
other purposes; (2) clarify NOAA's hydrographic services' role 
in both emergency response and homeland security; (3) make a 
number of changes to the Hydrographic Services Review Panel to 
update the current status of the panel, address some technical 
errors, and remove the requirement to compensate members of the 
panel, while providing that they can recoup expenses such as 
travel and lodging to attend meetings; (4) make a number of 
additional technical and definitional changes; and (5) 
authorize appropriations of such sums as may be necessary for 
each of the fiscal years 2008 through 2012, for the purposes of 
carrying out the Act.

                          Legislative History

    S. 1582 was introduced in the Senate by Senator Inouye on 
June 7, 2007, with Senators Stevens, Cantwell, and Snowe as 
original co-sponsors. The bill was referred to the Senate 
Committee on Commerce, Science, and Transportation. On July 19, 
2007, the Committee considered a manager's amendment to this 
bill in an open executive session. The Committee, without 
objection, ordered S. 1582 be reported favorably, as amended.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                   August 16, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1582, the 
Hydrographic Services Improvement Act Amendments of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1582--Hydrographic Services Improvement Act Amendments of 2007

    Summary: S. 1582 would amend the Hydrographic Services 
Improvement Act of 1998. The bill also would authorize the 
appropriation of whatever amounts are necessary for fiscal 
years 2008 through 2012 for hydrographic activities carried out 
by the National Oceanic and Atmospheric Administration (NOAA).
    Assuming appropriation of the necessary amounts, CBO 
estimates that the hydrographic services authorized by the bill 
would cost $110 million in 2008 and $798 million over the 2008-
2012 period. (An additional $96 million would be spent after 
2012.) Enacting S. 1582 would not affect direct spending or 
revenues.
    This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would not affect the budgets of State, local, or 
tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1582 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2007    2008    2009    2010    2011    2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NOAA Spending for Hydrographic Services Under Current Law:
    Budget Authoritya...........................................     163       0       0       0       0       0
    Estimated Outlays...........................................     160      36      16       5       0       0
Proposed Changes:
    Estimated Authorization Level...............................       0     169     173     179     184     189
    Estimated Outlays...........................................       0     110     150     171     181     186
Spending Under S. 1582:
    Estimated Authorization Levela..............................     163     169     173     179     184     189
    Estimated Outlays...........................................     160     146     166     176     181    186
----------------------------------------------------------------------------------------------------------------
aThe 2007 level is the amount appropriated for hydrographic services for that year.

    Basis of estimate: For this estimate, CBO assumes that S. 
1582 will be enacted near the beginning of fiscal year 2008, 
that the necessary amounts will be appropriated for each year, 
and that spending will follow historical patterns for this 
program.
    S. 1582 would authorize funding for hydrographic services 
performed by NOAA over the 2008-2012 period. Such services 
include nautical mapping and charting, collecting hydrographic 
data, maintaining a geodetic reference system, and measuring 
tides and currents. Assuming appropriation of the amounts 
needed to continue carrying out those activities at their 
current funding levels, CBO estimates that NOAA would spend an 
additional $110 million in 2008 and $798 million over the 2008-
2012 period. For this estimate, we assume that annual funding 
over the five-year period would continue at a level equal to 
the amount appropriated in 2007 ($163 million), with annual 
adjustments for anticipated inflation. We estimate that other 
provisions of the bill, which would amend the Hydrographic 
Services Improvement Act of 1998, would have no significant 
impact on the federal budget.
    Intergovernmental and private-sector impact: S. 1582 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private Sector: Justin Hall and Patrice Gordon.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Statement

      In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

      S. 1582 as reported by the Committee would authorize 
appropriations to continue and expand existing NOAA programs. 
The bill does not authorize any new regulations and therefore 
will not subject any individuals or businesses to new 
regulations.

                            ECONOMIC IMPACT

      The bill, as reported, would authorize appropriations of 
such sums as may be necessary for fiscal years 2008 through 
2012 to carry out the purposes of the bill. This funding level 
would not be expected to have a significant impact on the 
Nation's economy.

                                PRIVACY

      The reported bill would have little, if any, impact on 
the personal privacy of United States citizens.

                               PAPERWORK

      The reported bill would not increase paperwork 
requirements for the private sector.

                      Section-by-Section Analysis


Section 1. Short title

      This section would cite this bill as the ``Hydrographic 
Services Improvement Act Amendments of 2007.''

Section 2. Findings and purposes

      This section would renumber the existing sections of the 
Hydrographic Services Improvement Act of 1998, as amended, in 
order to insert a new section on Findings and Purposes. This 
new section would describe the importance, roles, functions, 
and applications of hydrographic services and the HSIA in 
support of safe, efficient, and environmentally sound 
navigation and maritime commerce and other purposes.

Section 3. Definitions

      This section would amend section 303 of the Act to 
clarify the scope and meaning of ``hydrographic data'' and 
``hydrographic services'' by clarifying that in conducting 
shoreline surveys, NOAA is not limited to the use of any one 
surveying technology and by adding ``water level'' to both 
definitions because it is a distinct type of measurement NOAA 
collects and is especially important in the Great Lakes.

Section 4. Functions of the administrator

      This section would set forth the responsibilities and 
authorities of the NOAA Administrator in collecting and 
disseminating hydrographic data and providing hydrographic 
services. The language ``promote safe, efficient, and 
environmentally sound marine transportation,'' would be added 
to the introductory sections of 304(a) and (b) to clarify the 
primary mission and objective of the underlying programs. This 
section would also clarify the important role that hydrographic 
services play in emergency response and homeland security and 
would provide the authority to create, support, and maintain 
joint centers to help implement this Act.

Section 5. Quality assurance program

      This section would make a technical, numbering 
correction.

Section 6. Hydrographic Services Review Panel

      This section would amend section 306, as redesignated, to 
update the current status of the Hydrographic Services Review 
Panel, address some technical errors, and remove the 
requirement to compensate members of the panel while providing 
that they can recoup expenses such as travel and lodging to 
attend meetings. This subsection also would make a technical 
correction to the name of the Center for Coastal and Ocean 
Mapping/Joint Hydrographic Center.

Section 7. Authorized commission officers

      This section would amend section 215 of the NOAA 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) to 
increase the cap on commissioned officers to 428 officers and 
authorize the Secretary of Commerce to establish the strength 
for the NOAA Corps for each fiscal year, subject to 
organizational needs and available funding.

Section 8. Authorization of appropriations

      This section would authorize such sums as may be 
necessary for each of fiscal years 2008 through 2012 for the 
purposes of carrying out the Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

             HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998

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;
          (6) to provide training in acquisition and 
        application of hydrographic data; and
          (7) to provide national and international leadership 
        for hydrographic and related services, sciences, and 
        technologies.

SEC. [302.] 303. DEFINITIONS.

                            [33 U.S.C. 892]

  In this title:
          (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 acquired through hydrographic 
        or bathymetric surveying, photogrammetry, geodetic, 
        geospatial, or geomagnetic measurements, tide and 
        current observations, or other methods, that is used in 
        providing hydrographic services.]
          (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.
          (4) Hydrographic services.--The term ``hydrographic 
        services'' means--
                  [(A) the management, maintenance, 
                interpretation, certification, and 
                dissemination of bathymetric, hydrographic, 
                geodetic, geospatial, geomagnetic, and tide and 
                current information, including the production 
                of nautical charts, nautical information 
                databases, and other products derived from 
                hydrographic data;]
                  (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) Act of 1947.--The term ``Act of 1947'' 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.).]
          (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. [303.] 304. FUNCTIONS OF THE ADMINISTRATOR.

                           [33 U.S.C. 892a.]

  (a) Responsibilities.--To fulfill the data gathering and 
dissemination duties of the Administration under [the Act of 
1947,] the Coast and Geodetic Survey Act, promote safe, 
efficient, and environmentally sound marine transportation, and 
otherwise fulfill the purposes of this Act, the Administrator 
shall--
          (1) acquire and disseminate hydrographic [data;] 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 Act of 
1947, and 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) may enter into contracts and other agreements 
        with qualified entities, consistent with subsection 
        (a)(8), for the acquisition of hydrographic data and 
        the provision of hydrographic services;
          [(3) 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. 541 et seq.); and
          [(4) shall, subject to the availability of 
        appropriations, design, install, maintain, and operate 
        real-time hydrographic monitoring systems to enhance 
        navigation safety and efficiency.]
  (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.).
  (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.

SEC. [304.] 305. QUALITY ASSURANCE PROGRAM.

                            [33 U.S.C. 892b]

  (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 the date of 
        enactment of the Hydrographic Services Improvement Act 
        Amendments of 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 
        [303(a)(3)] 304(a)(3) of this Act;
          (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 [303(a)(3),] 304(a)(3), 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 the date of the enactment of this 
Act, 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, United States Code.

SEC. [305.] 306. HYDROGRAPHIC SERVICES REVIEW PANEL.

                            [33 U.S.C. 892c]

  (a) Establishment.--No later than 1 year after the date of 
enactment of the Hydrographic Services Improvement Act 
Amendments of 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 [303] 304 of this Act 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 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.] (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] Administrator) 
of, any assistance under this Act 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] 
Administrator 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, United States 
        Code, 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.]
  (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.
  (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.] Administrator.
  (f) Powers.--The panel may exercise such powers as are 
reasonably necessary in order to carry out its duties under 
subsection (b).

[SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 892d]

  [There are authorized to be appropriated to the Administrator 
the following:
          [(1) To carry out nautical mapping and charting 
        functions under sections 303 and 304 of this Act, 
        except for conducting hydrographic surveys--
                  [(A) $50,000,000 for fiscal year 2003;
                  [(B) $55,000,000 for fiscal year 2004;
                  [(C) $60,000,000 for fiscal year 2005;
                  [(D) $65,000,000 for fiscal year 2006; and
                  [(E) $70,000,000 for fiscal year 2007.
          [(2) To contract for hydrographic surveys under 
        section 303(b)(1), including the leasing or time 
        chartering of vessels--
                  [(A) $40,000,000 for fiscal year 2003;
                  [(B) $42,500,000 for fiscal year 2004;
                  [(C) $45,000,000 for fiscal year 2005;
                  [(D) $47,500,000 for fiscal year 2006; and
                  [(E) $50,000,000 for fiscal year 2007.
          [(3) To operate hydrographic survey vessels owned by 
        the United States and operated by the Administration--
                  [(A) $14,000,000 for fiscal year 2003;
                  [(B) $18,000,000 for fiscal year 2004; and
                  [(C) $21,000,000 for fiscal years 2005 
                through 2007.
          [(4) To carry out geodetic functions under this 
        title--
                  [(A) $27,500,000 for fiscal year 2003;
                  [(B) $30,000,000 for fiscal year 2004;
                  [(C) $32,500,000 for fiscal year 2005;
                  [(D) $35,000,000 for fiscal year 2006; and
                  [(E) $35,500,000 for fiscal year 2007.
          [(5) To carry out tide and current measurement 
        functions under this title--
                  [(A) $25,000,000 for fiscal year 2003;
                  [(B) $27,500,000 for fiscal year 2004;
                  [(C) $30,000,000 for fiscal year 2005;
                  [(D) $32,500,000 for fiscal year 2006; and
                  [(E) $35,000,000 for fiscal year 2007.
          [(6) To carry out activities authorized under this 
        title that enhance homeland security, including 
        electronic navigation charts, hydrographic surveys, 
        real time tide and current measurements, and geodetic 
        functions, in addition to other amounts authorized by 
        this section, $20,000,000.]

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.

 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                           CORPS ACT OF 2002

[SEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2005.

                            [33 U.S.C. 3005]

  [There are authorized to be on the lineal list of the 
commissioned corps of the National Oceanic and Atmospheric 
Administration--
          [(1) 270 officers for fiscal year 2003;
          [(2) 285 officers for fiscal year 2004; and
          [(3) 299 officers for fiscal year 2005.]

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.

                                  
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