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[House Report 108-400]
[From the U.S. Government Publishing Office]

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;
          ``(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);
          (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.

                  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 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 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.

                  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.

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 
specifically 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) * * *

           *       *       *       *       *       *       *

          [(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.]
          (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;
          (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-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. 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.--
          (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 
        [Secretary] 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 
        [Secretary] 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 
[Secretary] 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--
                  [(A)] (i) $25,000,000 for fiscal year 2003;
                  [(B)] (ii) $27,500,000 for fiscal year 2004;
                  [(C)] (iii) $30,000,000 for fiscal year 2005;
                  [(D)] (iv) $32,500,000 for fiscal year 2006; 
                and
                  [(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.

           *       *       *       *       *       *       *

                              ----------                              

  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 [2002 and 2003] 2004, 2005, and 2006.

                                
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