[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.