U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69—010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

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 


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(II) 

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 Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

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 


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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 


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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. 


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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 Authority a ........................................................................... 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 Level a ...................................................... 163 169 173 179 184 189 

Estimated Outlays ........................................................................... 160 146 166 176 181 186 

a The 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 necVerDate Aug 31 2005 05:38 Nov 03, 2007 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR218.XXX SR218

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essary 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. 


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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. 


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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. 


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(7) 

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; 


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(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; 


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(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. ø302.¿ 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. 

ø(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—

ø(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. 

ø(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 


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for other purposes’’, approved August 6, 1947 (33 U.S.C. 883a 

et seq.). 

SEC. ø303.¿ 304. FUNCTIONS OF THE ADMINISTRATOR. 

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

(a) RESPONSIBILITIES.—To fulfill the data gathering and dissemination duties of the Administration under øthe 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 ødata;¿ 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. 

ø(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—

ø(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; 

ø(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; 

ø(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 

ø(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—


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(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. ø304.¿ 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 

ø303(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. 


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(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 

ø303(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. ø305.¿ 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 ø303¿ 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.—ø(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 

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istrator. 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 øSecretary¿ 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 øSecretary¿ 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. 

ø(d) COMPENSATION.—Voting members of the panel shall—

ø(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 

ø(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 øSecretary.¿ Administrator. 

(f) POWERS.—The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). 


bajohnson on PROD1PC77 with REPORTS
14 

øSEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 892d] 

øThere are authorized to be appropriated to the Administrator 

the following: 

ø(1) To carry out nautical mapping and charting functions 

under sections 303 and 304 of this Act, except for conducting 

hydrographic surveys—

ø(A) $50,000,000 for fiscal year 2003; 

ø(B) $55,000,000 for fiscal year 2004; 

ø(C) $60,000,000 for fiscal year 2005; 

ø(D) $65,000,000 for fiscal year 2006; and 

ø(E) $70,000,000 for fiscal year 2007. 

ø(2) To contract for hydrographic surveys under section 

303(b)(1), including the leasing or time chartering of vessels—

ø(A) $40,000,000 for fiscal year 2003; 

ø(B) $42,500,000 for fiscal year 2004; 

ø(C) $45,000,000 for fiscal year 2005; 

ø(D) $47,500,000 for fiscal year 2006; and 

ø(E) $50,000,000 for fiscal year 2007. 

ø(3) To operate hydrographic survey vessels owned by the 

United States and operated by the Administration—

ø(A) $14,000,000 for fiscal year 2003; 

ø(B) $18,000,000 for fiscal year 2004; and 

ø(C) $21,000,000 for fiscal years 2005 through 2007. 

ø(4) To carry out geodetic functions under this title—

ø(A) $27,500,000 for fiscal year 2003; 

ø(B) $30,000,000 for fiscal year 2004; 

ø(C) $32,500,000 for fiscal year 2005; 

ø(D) $35,000,000 for fiscal year 2006; and 

ø(E) $35,500,000 for fiscal year 2007. 

ø(5) To carry out tide and current measurement functions 

under this title—

ø(A) $25,000,000 for fiscal year 2003; 

ø(B) $27,500,000 for fiscal year 2004; 

ø(C) $30,000,000 for fiscal year 2005; 

ø(D) $32,500,000 for fiscal year 2006; and 

ø(E) $35,000,000 for fiscal year 2007. 

ø(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. 


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15 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

COMMISSIONED OFFICER CORPS ACT OF 2002 

øSEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 

2005. 

[33 U.S.C. 3005] 

øThere are authorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration—

ø(1) 270 officers for fiscal year 2003; 

ø(2) 285 officers for fiscal year 2004; and 

ø(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. 

Æ 


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