29–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–400

HYDROGRAPHIC SERVICES AMENDMENTS OF 2003

NOVEMBER 21, 2003.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 958] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 958) to authorize certain hydrographic services programs, to 

name a cove in Alaska in honor of the late Able Bodied Seaman 

Eric Steiner Koss, and for other purposes, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Hydrographic Services Amendments of 2003’’. 

TITLE I—NOAA HYDROGRAPHIC SERVICES 

IMPROVEMENT 

SEC. 101. REFERENCES. 

Except as otherwise expressly provided, whenever in this title an amendment or 

repeal is expressed in terms of an amendment to, or repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.). 

SEC. 102. FUNCTIONS OF ADMINISTRATOR. 

(a) REGIONAL NAVIGATION RESPONSE TEAMS.—Section 303(a) (33 U.S.C. 892a(a)) 

is amended by striking paragraphs (7) and (8) and inserting the following: 

‘‘(7) establish, equip, and maintain up to 10 Regional Navigation Response 

teams in priority coastal areas identified by the Secretary, in consultation with 

the Commandant of the Coast Guard, to conduct activities related to navigational safety and the validation of hydrographic data; 

2

‘‘(8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (7) through contracts or other agreements with private sector entities; and ‘‘(9) 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.’’. (b) AUTHORITY TO ACCEPT VOLUNTEER SERVICES.—Section 303 (33 U.S.C. 892a) 

is amended by adding at the end the following: ‘‘(d) AUTHORITY TO ACCEPT VOLUNTEER SERVICES.— ‘‘(1) IN GENERAL.—To help fulfill the duties of the Administrator, including 

authorities under the Act of 1947 (33 U.S.C. 883a et seq.), this Act, or in response to a maritime emergency, the Administrator may— ‘‘(A) establish a volunteer program; and 

‘‘(B) enter into special agreements with qualified organizations to assist 

in the implementation of a volunteer program. ‘‘(2) LEGAL STATUS OF VOLUNTEERS.— ‘‘(A) Paragraphs (1) through (5) of section 7(c) of the Fish and Wildlife 

Act of 1956 (16 U.S.C. 742f(c)) shall apply to volunteers who provide services to the Administrator under a volunteer program established under 

paragraph (1).– ‘‘(B) For purposes of subparagraph (A), any reference in section 7(c) of the 

Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)) to the Secretary of Interior 

or the Secretary of Commerce is deemed to refer to the Administrator. ‘‘(3) QUALIFIED ORGANIZATION.—In this subsection, the term ‘qualified organization’ means a nongovernmental, not-for-profit organization, determined by the 

Administrator to have demonstrated expertise in boating safety and a commitment to improving the quality of hydrographic services and related oceanographic and meteorological information that is made available to mariners. ‘‘(e) PARTICIPATION IN JOINT INSTITUTE.—The Secretary may participate in a joint 

institute that develops new hydrographic technology and conducts academic, educational, and outreach activities that assist the Administrator in fulfilling the functions of the Administrator under this section.’’. 

SEC. 103. QUALITY ASSURANCE PROGRAM. 

(a) ACCEPTANCE AND RECOGNITION OF CERTIFICATIONS.—Section 304(b) (33 U.S.C. 

892b(b)) is amended by adding at the end the following: ‘‘(3) ACCEPTANCE AND RECOGNITION OF CERTIFICATIONS.—The Administrator 

shall, to the maximum extent practicable, assure that any international organizations and agreements to which the United States is a party that affect hydrographic products and nautical charts accept or recognize, respectively, hydrographic products certified by the Administrator under this subsection.’’. (b) IMPLEMENTATION OF EXECUTIVE ORDER AND OMB CIRCULAR.—Section 304 (33 

U.S.C. 892b) is amended by adding at the end the following: 

‘‘(f) ANNUAL STUDY AND REPORT REGARDING IMPLEMENTATION OF EXECUTIVE

ORDER AND OMB CIRCULAR.—

‘‘(1) IN GENERAL.—The Administrator shall annually conduct a study of, and 

report to the panel established under section 305 regarding, steps taken to comply with section 3(d) of Executive Order 12906 and Office of Management and 

Budget Circular A–16 with respect to the collection and production of new hydrographic data and products by the Administration. 

‘‘(2) CONSULTATION.—In carrying out the study and report, the Administrator 

shall consult with the Federal Geographic Data Committee.’’. 

SEC. 104. ACQUISITION OF HYDROGRAPHIC SURVEY VESSEL. 

(a) IN GENERAL.—The Secretary of Commerce may, in accordance with this section, acquire, by purchase, lease, lease-purchase, or charter, and equip one hydrographic survey vessel. 

(b) VESSEL REQUIREMENTS.—Any vessel acquired and equipped under this section 

must be capable of—

(1) staying at sea continuously for at least 30 days; 

(2) carrying at least 4 hydrographic survey launches; 

(3) conducting hydrographic surveys; and 

(4) conducting other work necessary to provide mariners with the accurate 

and timely data needed to conduct safe and efficient maritime commerce. 

(c) PLAN.—No later than 6 months after the enactment of this Act, the Secretary 

of Commerce shall submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science and Transportation of the 

Senate a detailed plan for implementing this section, including—

(1) a timetable and cost estimates for the acquisition and equipping of the 

vessel under subsection (a); 

3

(2) an explanation of what vessel or vessels would be retired when the vessel 

described in subsection (a) becomes operational; and 

(3) a comparison of the 10-year estimated costs of operation and maintenance 

of a new vessel versus the 2 vessels proposed for retirement. 

(d) AUTHORIZATION.—To prepare the plan required under subsection (c), there is 

authorized to be appropriated to the Secretary of Commerce $1,000,000 for fiscal 

year 2004. 

SEC. 105. KOSS COVE. 

(a) IN GENERAL.—Notwithstanding any other provision of law or existing policy, 

the cove described in subsection (b) shall be known and designated as ‘‘Koss Cove’’, 

in honor of the late Able Bodied Seaman Eric Steiner Koss of the National Oceanic 

and Atmospheric Administration vessel RAINIER who died in the performance of 

a nautical charting mission off the Alaskan coast. 

(b) COVE DESCRIBED.—The cove referred to in subsection (a) is—

(1) adjacent to and southeast of Point Elrington, Alaska, and forms a portion 

of the southern coast of Elrington Island; 

(2) 3⁄4 mile across the mouth; 

(3) centered at 59 degrees 56.1 minutes North, 148 degrees 14 minutes West; 

and 

(4) 45 miles of Seward, Alaska. 

(c) REFERENCES.—Any reference in any law, regulation, document, record, map, or 

other paper of the United States to the cove described in subsection (b) is deemed 

to be a reference to Koss Cove. 

SEC. 106. DEPICTION OF SAME SHORELINES ON CHARTS AND MAPPING PRODUCTS. 

Not later than 6 months after the date of enactment of the Act, the Secretary of 

Commerce and the Secretary of the Interior, in consultation with the Federal Emergency Management Agency, shall provide to the Committee on Resources of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to depict the same shorelines on National Oceanic and 

Atmospheric Administration nautical charts and United States Geological Survey 

mapping products. 

SEC. 107. AMENDMENTS TO THE HYDROGRAPHIC SERVICES PANEL. 

Section 305 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 

892c) is amended—

(1) in subsection (a), by striking ‘‘Secretary’’ and inserting ‘‘Secretary of Commerce’’; and 

(2) in subsection (c)(3), subsection (d), and subsection (e), by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Administrator’’. 

SEC. 108. GREAT LAKES WATER LEVEL MEASUREMENTS. 

Section 306(5) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 

892d(5)) is amended—

(1) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), 

respectively; 

(2) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) Of the amounts authorized under subparagraph (A), $2,000,000 in each 

fiscal year is authorized for the Great Lakes Water Level Observation Network.’’. 

TITLE II—FISHERY SURVEY VESSELS 

SEC. 201. FISHERY SURVEY VESSELS. 

Section 302(c) of the Fisheries Survey Vessel Authorization Act of 2000 (33 U.S.C. 

891b note) is amended by striking ‘‘2002 and 2003’’ and inserting ‘‘2004, 2005, and 

2006’’.

PURPOSE OF THE BILL

The purpose of H.R. 958 is to authorize certain hydrographic 

services programs, and to name a cove in Alaska in honor of the 

late Able Bodied Seaman Eric Steiner Koss, and for other purposes. 

4

BACKGROUND AND NEED FOR LEGISLATION

Part of the Department of Commerce, the National Oceanic and 

Atmospheric Administration (NOAA) is responsible for the United 

States navigation services programs. These include the collection of 

hydrographic data for, and the production and distribution of, nautical charts, the maintenance of the geodetic reference system and 

the measurement and prediction of tides and currents. 

By the mid-1990s, 20 years of severe budget cuts and a revolution in geospatial reference technology left this program decades 

behind in meeting its mission goals, and technologically unable to 

provide the up-to-date products needed to assure safe and efficient 

marine transportation. In response to this problem, Congress enacted the Hydrographic Services Improvement Act of 1998 (33 

U.S.C. 892 et seq.). The 1998 Act encouraged contracting for services. Coupled with increased appropriations, the changes made by 

the 1998 Act have reduced the nautical charting backlog for areas 

critical to navigation (about 1% of the Exclusive Economic Zone) 

and modernized NOAA hydrographic, geodetic, and tide and current measurement programs. 

A bill to reauthorize the Hydrographic Services Improvement Act 

of 1998 passed in the waning days of the 107th Congress (Public 

Law 107–372). However, there were a number of provisions that 

were not addressed in that reauthorization and H.R. 958 attempts 

to resolve those issues. 

As ordered reported, the Hydrographic Services Amendments Act 

of 2003 authorizes the establishment of regional navigation response teams, authorizes the use of volunteer services, provides a 

mechanism by which hydrographic products certified by the NOAA 

Administrator are accepted by international organizations, requires 

an annual study and report regarding the implementation of Executive Order 12906 and Office of Management and Budget circular 

A–16, authorizes the Secretary of Commerce to acquire a hydrographic survey vessel, requires a report to Congress on progress 

made to depict the same shorelines on charts by NOAA and the 

U.S. Geological Survey, names a cove in Alaska in honor of the late 

Able Bodied Seaman Eric Steiner Koss (who was killed on a nautical charting mission), makes clarifying changes to the Hydrographic Services Review Panel established by the Hydrographic 

Services Improvement Act of 1998, earmarks funds for the Great 

Lakes Water Level Observation Network, and reauthorizes appropriations for fishery survey vessels in the Fisheries Survey Vessel 

Authorization Act of 2000 for fiscal years 2004–2006. 

COMMITTEE ACTION

H.R. 958 was introduced on February 27, 2003, by Congressman 

Don Young (R–AK). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on Fisheries Conservation, Wildlife and Oceans. On March 27, 2003, the 

Subcommittee held a hearing on the bill. On July 17, 2003, the 

Subcommittee met to mark up the bill. Congressman Mark E. 

Souder (R–IN) offered an amendment to clarify that the Secretary 

of Commerce would establish the Hydrographic Services Review 

panel and the Administrator of NOAA would oversee the operations of the panel. The amendment also clarified that $2 million 

5

of the authorized appropriations be used to modernize the Great 

Lakes stations of the National Water Level Observation Network. 

It was adopted by voice vote. The bill as amended was then forwarded to the Full Committee by voice vote. On October 29, 2003, 

the Full Resources Committee met to consider the bill. Congressman Wayne T. Gilchrest (R–MD) offered an amendment to strike 

section 104 of the bill, which required the Administrator of NOAA 

to submit a plan to Congress for increasing contracting with the 

private sector for photogrammetric, remote sensing and other 

geospatial reference services relating to hydrographic data acquisition or hydrographic services performed by the National Ocean 

Service. It was adopted by unanimous consent. The bill as amended 

was then ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This Act may be cited as the Hydrographic Services Amendments 

of 2003. 

TITLE I—NOAA HYDROGRAPHIC SERVICES IMPROVEMENT

Section 101. References 

Except as otherwise expressly provided, whenever in this title an 

amendment or repeal is expressed in terms of an amendment to, 

or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.). 

Section 102. Functions of Administrator 

This section authorizes Regional Navigation Response Teams 

which would be located in major ports, and could survey areas 

quickly after accidents, storms or other events. It also allows 

NOAA to accept volunteer services for hydrographic programs. 

This section provides the same coverage for hydrographic volunteers if they participate in a volunteer program approved by NOAA 

as current law provides to NOAA volunteers participating in fish 

and wildlife related activities. Under these provisions, volunteers 

are not considered federal employees for pay or benefits, but are 

considered federal employees for purposes of tort claims protections 

and medical care due to job-related injuries.

This section gives NOAA general authority to enter into agreements with qualified organizations to provide volunteer services. It 

also authorizes the NOAA Administrator to provide funding under 

the special agreements to the qualified organization for the purposes of assisting in the administration of the volunteer programs. 

The use of the funds by the qualified organization can include the 

procurement of insurance or other coverage for the organization 

and its members when conducting volunteer activities. 

Section 103. Quality assurance program 

This section directs NOAA, to the maximum extent possible, to 

assure that international organizations accept contractor-produced 

NOAA-certified hydrographic products. NOAA is tasked by Public 

Law 107–372 to complete the long-overdue certification program for 

6

contractor-produced hydrographic products within two years. This 

section encourages NOAA to support international acceptance of 

certified products. 

This section also requires NOAA to report each year on efforts 

to use contractors to carry out the collection of hydrographic data, 

and the production of the hydrographic products. 

Section 104. Acquisition of hydrographic survey vessel 

This section authorizes NOAA to acquire a new vessel to conduct 

hydrographic survey to replace two aging vessels. 

Section 105. Koss Cove 

This section names a cove in Prince William Sound after a NOAA 

employee who died in a work-related accident there in the summer 

of 2003. Able Bodied Seaman Eric Steiner Koss died while conducting a nautical charting mission for NOAA. The cove is currently unnamed. 

Section 106. Depiction of same shorelines on charts and mapping 

products 

This section directs the Secretaries of Commerce and the Interior 

to report to Congress on development of a single shoreline for use 

on NOAA navigation charts and U.S. Geological Survey topographic maps. 

Section 107. Amendments to the hydrographic services panel 

This section amends section 305 of the Hydrographic Services 

Improvement Act of 1998 (33 U.S. 892c) to make clarifying corrections regarding the duties of the Secretary of Commerce and the 

duties of the Administrator of NOAA. 

Section 108. Great Lakes water level measurements 

This section amends section 306(5) of the Hydrographic Services 

Improvement Act of 1998 (33 U.S.C. 892d(5)) to clarify that $2 million of the authorized appropriations be used to modernize the 

Great Lakes stations of the National Water Level Observation Network. 

TITLE II—FISHERY SURVEY VESSELS

Section 201. Fishery survey vessels 

This section amends the Fishery Survey Vessel Authorization Act 

(33 U.S.C. 891b note) to authorize funding for the next three 

DYSON-class fishery survey vessels in Fiscal Years 2004, 2005 and 

2006. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

7

FEDERAL ADVISORY COMMITTEE STATEMENT

The bill does not create a new advisory committee but clarifies 

the duties of an existing one, the Hydrographic Services Review 

Panel. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to authorize certain hydrographic services programs, 

to name a cove in Alaska in honor of the late Able Bodied Seaman 

Eric Steiner Koss, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 21, 2003. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 958, the Hydrographic 

Services Amendments of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

ELIZABETH M. ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

8

H.R. 958—Hydrographic Services Amendments of 2003

Summary: H.R. 958 would make several amendments to the Hydrographic Services Improvement Act of 1998. Specifically, the bill 

would: 

• Direct the National Oceanic and Atmospheric Administration (NOAA) to establish, equip, and maintain up to 10 regional navigation response teams; 

• Authorize the appropriation of $60 million for each of fiscal years 2004 through 2006 to acquire fishery survey vessels; 

and 

• Authorize NOAA to acquire a hydrographic survey vessel, 

and authorize the appropriation of $1 million in 2004 for the 

preparation of an acquisition plan. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing the bill would cost $316 million over the 

2004–2008 period and $25 million a year thereafter. Enacting H.R. 

958 would have no effect on direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would have no significant impact on the budgets of state, local, 

or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 958 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—

2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Navigational response teams: 

Estimated authorization level .............................................................. 5 5 5 5 5

Estimated outlays ................................................................................ 4 5 5 5 5

Acquisition of fishery survey vessels: 

Authorization level ................................................................................ 60 60 60 0 0

Estimated outlays ................................................................................ 2 30 75 55 20

Planning and acquisition of hydrographic survey vessel: 

Estimated authorization level .............................................................. 1 110 0 0 0

Estimated outlays ................................................................................ 1 30 35 35 9

Total changes: 

Estimated authorization level .............................................................. 66 175 65 5 5

Estimated outlays ................................................................................ 7 65 115 95 34

Basis of estimate: For this estimate, CBO assumes that the 

amounts authorized or estimated to be necessary to carry out H.R. 

958 will be appropriated for each fiscal year. The authorization levels not specified by the bill are estimated on the basis of information provided by NOAA and other federal agencies. Estimated outlays are based on historical spending patterns for the acquisition 

programs and other affected activities. 

For each year, the authorization levels include an estimated $5 

million to establish, equip, and operate 10 navigational response 

teams. The teams would conduct navigational safety projects and 

validate hydrographic data. Through fiscal year 2006, the annual 

authorization levels also include $60 million that would be specifically authorized by the bill for acquiring fishery survey vessels. Finally, the authorization levels in the table reflect the estimated 

costs of acquiring one hydrographic survey vessel: $1 million speVerDate jul 14 2003 02:31 Nov 24, 2003 Jkt 029006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR400.XXX HR400
9

cifically authorized for 2004 for the required vessel acquisition 

plan; and $110 million in 2005 for the estimated cost of purchasing 

the new ship. 

In addition to the amounts shown in the table and also assuming 

appropriation of the necessary amounts, CBO estimates that 

NOAA would spend about $25 million a year after 2008. Of this 

amount, we estimate that about $5 million would be used to continue operating the navigation response teams. The remaining 

funds would be used to operate the fishery and hydrographic survey vessels to be acquired under the bill. 

Intergovernmental and private-sector impact: H.R. 958 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would have no significant impact on the budgets of 

state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Deborah Reis. Impact on 

State, Local, and Tribal Governments: Marjorie Miller. Impact on 

the Private Sector: Cecil McPherson. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998

* * * * * * *

SEC. 303. FUNCTIONS OF THE ADMINISTRATOR. 

(a) RESPONSIBILITIES.—To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947, the Administrator shall— (1) * * *

* * * * * * *

ø(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 

ø(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.¿

(7) establish, equip, and maintain up to 10 Regional Navigation Response teams in priority coastal areas identified by the 

Secretary, in consultation with the Commandant of the Coast 

Guard, to conduct activities related to navigational safety and 

the validation of hydrographic data; 

10

(8) to the greatest extent practicable and cost-effective, fulfill 

the requirements of paragraphs (1) and (7) through contracts or 

other agreements with private sector entities; and 

(9) 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.

* * * * * * *

(d) AUTHORITY TO ACCEPT VOLUNTEER SERVICES.— (1) IN GENERAL.—To help fulfill the duties of the Administrator, including authorities under the Act of 1947 (33 U.S.C. 

883a et seq.), this Act, or in response to a maritime emergency, 

the Administrator may— (A) establish a volunteer program; and 

(B) enter into special agreements with qualified organizations to assist in the implementation of a volunteer program. 

(2) LEGAL STATUS OF VOLUNTEERS.— (A) Paragraphs (1) through (5) of section 7(c) of the Fish 

and Wildlife Act of 1956 (16 U.S.C. 742f(c)) shall apply to 

volunteers who provide services to the Administrator under 

a volunteer program established under paragraph (1).– (B) For purposes of subparagraph (A), any reference in 

section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 

742f(c)) to the Secretary of Interior or the Secretary of Commerce is deemed to refer to the Administrator. 

(3) QUALIFIED ORGANIZATION.—In this subsection, the term ‘‘qualified organization’’ means a nongovernmental, not-forprofit organization, determined by the Administrator to have 

demonstrated expertise in boating safety and a commitment to 

improving the quality of hydrographic services and related 

oceanographic and meteorological information that is made 

available to mariners. 

(e) PARTICIPATION IN JOINT INSTITUTE.—The Secretary may participate in a joint institute that develops new hydrographic technology and conducts academic, educational, and outreach activities 

that assist the Administrator in fulfilling the functions of the Administrator under this section.

SEC. 304. QUALITY ASSURANCE PROGRAM. 

(a) * * *

(b) PROGRAM.—

(1) * * *

* * * * * * *

(3) ACCEPTANCE AND RECOGNITION OF CERTIFICATIONS.—The 

Administrator shall, to the maximum extent practicable, assure 

that any international organizations and agreements to which 

the United States is a party that affect hydrographic products 

and nautical charts accept or recognize, respectively, hydrographic products certified by the Administrator under this subsection.

* * * * * * *

(f) ANNUAL STUDY AND REPORT REGARDING IMPLEMENTATION OF

EXECUTIVE ORDER AND OMB CIRCULAR.—

11

(1) IN GENERAL.—The Administrator shall annually conduct 

a study of, and report to the panel established under section 

305 regarding, steps taken to comply with section 3(d) of Executive Order 12906 and Office of Management and Budget Circular A–16 with respect to the collection and production of new 

hydrographic data and products by the Administration. 

(2) CONSULTATION.—In carrying out the study and report, the 

Administrator shall consult with the Federal Geographic Data 

Committee.

SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL. 

(a) ESTABLISHMENT.—No later than 1 year after the date of enactment of the Hydrographic Services Improvement Act Amendments of 2002, the Secretary of Commerce shall establish the Hydrographic Services Review Panel. 

* * * * * * *

(c) MEMBERSHIP.— (1) * * *

* * * * * * *

(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. 

* * * * * * *

(d) COMPENSATION.—Voting members of the panel shall— (1) receive compensation at a rate established by the øSecretary¿ Administrator, 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 

* * * * * * *

(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. 

* * * * * * *

SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Administrator the 

following: 

(1) * * *

* * * * * * *

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

under this title— ø(A)¿ (i) $25,000,000 for fiscal year 2003; 

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

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

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

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

(B) Of the amounts authorized under subparagraph (A), 

$2,000,000 in each fiscal year is authorized for the Great Lakes 

Water Level Observation Network.

* * * * * * *

12

SECTION 302 OF THE FISHERIES SURVEY VESSEL 

AUTHORIZATION ACT OF 2000

SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS. 

(a) * * *

* * * * * * *

(c) AUTHORIZATION.—To carry out this section there are authorized to be appropriated to the Secretary $60,000,000 for each of fiscal years ø2002 and 2003¿ 2004, 2005, and 2006.

Æ