[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4883 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4883

 To reauthorize the Hydrographic Services Improvement Act of 1998, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2002

 Mr. Young of Alaska (for himself, Mr. Hansen, Mr. Gilchrest, and Mr. 
   Saxton) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Hydrographic Services Improvement Act of 1998, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Hydrographic Services Improvement 
Act Amendments of 2002''.

SEC. 2. DEFINITIONS.

    Section 302 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892) is amended--
            (1) in paragraph (3) by inserting ``geospatial or 
        geomagnetic'' after ``geodetic''; and
            (2) in paragraph (4) by inserting ``geospatial, 
        geomagnetic,'' after ``geodetic,''.

SEC. 3. FUNCTIONS OF ADMINISTRATOR.

    (a) Hydrographic Monitoring Systems.--Section 303(b)(4) of the 
Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a(b)(4)) is 
amended to read as follows:
            ``(4) shall design, install, maintain, and operate real-
        time hydrographic monitoring systems to enhance navigation 
        safety and efficiency.''.
    (b) Conservation and Management of Coastal and Ocean Resources.--
Section 303 of such Act (33 U.S.C. 892a) is further amended by adding 
at the end the following:
    ``(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. 4. QUALITY ASSURANCE PROGRAM.

    (a) In General.--Section 304(b)(1) of the Hydrographic Services 
Improvement Act of 1998 (33 U.S.C. 892b(1)) is amended to read as 
follows:
            ``(1) In general.--The Administrator--
                    ``(A) by not later than 2 years after the date of 
                enactment of the Hydrographic Services Improvement Act 
                Amendments of 2002, shall, subject to the availability 
                of appropriations, develop and implement a quality 
                assurance program that is equally available to all 
                applicants, under which the Administrator may certify 
                hydrographic products that satisfy the standards 
                promulgated by the Administrator under section 
                303(a)(3) 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.''.
    (b) Acceptance and Recognition of Certifications.--Section 304(b) 
of such Act (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 which affect hydrographic products 
        and nautical charts accept or recognize, respectively, 
        hydrographic products certified by the Administrator under this 
        subsection.''.

SEC. 5. HYDROGRAPHIC SERVICES REVIEW PANEL.

    Section 305 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892c) is amended to read as follows:

``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 shall establish the Hydrographic Services Review 
Panel.
    ``(b) Duties.--
            ``(1) In general.--The panel shall advise the Administrator 
        on matters related to the responsibilities and authorities set 
        forth in section 303 of this Act and such other appropriate 
        matters as the Administrator refers to the panel for review and 
        advice.
            ``(2) Administrative resources.--The Administrator shall 
        make available to the panel such information, personnel, and 
        administrative services and assistance as it may reasonably 
require to carry out its duties.
    ``(c) Membership.--
            ``(1) In general.--
                    ``(A) The panel shall consist of 15 voting members 
                who shall be appointed by the Administrator. The 
                Director of the Joint Hydrographic Institute and no 
                more than 2 employees of the National Oceanic and 
                Atmospheric Administration appointed by the 
                Administrator shall serve as nonvoting members of the 
                panel. The voting members of the panel shall be 
                individuals who, by reason of knowledge, experience, or 
                training, are especially qualified in one or more of 
                the disciplines and fields relating to hydrographic 
                surveying, tide, current geodetic and geospatial 
                measurement, marine transportation, port 
                administration, vessel pilotage, and coastal and 
                fishery management.
                    ``(B) An individual may not be appointed as a 
                voting member of the panel if the individual is a full-
                time officer or employee of the United States.
                    ``(C) Any voting member of the panel who is an 
                applicant for, or beneficiary (as determined by the 
                Secretary) of, any assistance under this Act shall 
                disclose to the panel that relationship, and may not 
                vote on any matter pertaining to that assistance.
            ``(2) Terms.--
                    ``(A) The term of office of a voting member of the 
                panel shall be 4 years, except that of the original 
                appointees, five shall be appointed for a term of 2 
                years, five shall be appointed for a term of 3 years, 
                and five shall be appointed for a term of 4 years, as 
                specified by the Administrator at the time of 
                appointment.
                    ``(B) Any individual appointed to a partial or full 
                term may be reappointed for one additional full term. A 
                voting member may serve after the date of the 
                expiration of the term of office for which appointed 
                until his or her successor has taken office.
            ``(3) Nominations.--At least once each year, the Secretary 
        shall publish a notice in the Federal Register soliciting 
        nominations for membership on the panel.
            ``(4) Chairman and vice chairman.--
                    ``(A) The panel shall select one voting member to 
                serve as the Chairman and another voting member to 
                serve as the Vice Chairman.
                    ``(B) The Vice Chairman shall act as Chairman in 
                the absence or incapacity of the Chairman.
    ``(d) Compensation.--Voting members of the panel shall--
            ``(1) receive compensation at a rate established by the 
        Secretary, not to exceed the maximum daily rate payable under 
        section 5376 of title 5, United States Code, when actually 
        engaged in the performance of duties for such panel; and
            ``(2) be reimbursed for actual and reasonable expenses 
        incurred in the performance of such duties.
    ``(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.
    ``(f) Powers.--The panel may exercise such powers as are reasonably 
necessary in order to carry out its duties under subsection (b).''.

SEC. 6. PLAN REGARDING PHOTOGRAMMETRY AND REMOTE SENSING.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the National Oceanic and 
Atmospheric Administration shall submit to the Congress a plan for 
increasing, consistent with this Act, contracting with the private 
sector for photogrammetric, remote sensing, and other geospatial 
reference services related to hydrographic data acquisition or 
hydrographic services activities performed by the National Ocean 
Service. In preparing the plan, the Administrator shall consult with 
private sector entities knowledgeable in photogrammetry and remote 
sensing.
    (b) Contents.--The plan shall include the following:
            (1) An assessment of which of the photogrammetric, remote 
        sensing, and other geospatial reference services related to 
        hydrographic data acquisition or hydrographic services 
        activities performed by the National Ocean Service can be 
        performed adequately by private-sector entities.
            (2) An evaluation of the relative cost-effectiveness of the 
        Federal Government and private-sector entities in performing 
        those activities.
            (3) A strategy for enhancing and improving the acquisition 
        and contract management capabilities of the National Oceanic 
        and Atmospheric Administration to assist in the utilization of 
        private sector entities for photogrammetric, remote sensing and 
        other geospatial reference services related to hydrographic 
        data acquisition or hydrographic services activities performed 
        by the National Ocean Service, including--
                    (A) the transfer and retraining of personnel to 
                become contracting officer technical representatives;
                    (B) education in the use of the procedures 
                described in section 303(b)(3) of the Hydrographic 
                Services Improvement Act of 1998, as amended by this 
                Act; and
                    (C) the utilization of training, education, and 
                acquisition and contract management capabilities of 
                other Federal agencies that are expert and experienced 
                in contracting for such services.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 306 of such Act (33 U.S.C. 892d) is amended to read as 
follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following:
            ``(1) To carry out nautical mapping and charting functions 
        under sections 303 and 304 of this Act, except for conducting 
        hydrographic surveys--
                    ``(A) $50,000,000 for fiscal year 2003;
                    ``(B) $55,000,000 for fiscal year 2004;
                    ``(C) $60,000,000 for fiscal year 2005;
                    ``(D) $65,000,000 for fiscal year 2006; and
                    ``(E) $70,000,000 for fiscal year 2007.
            ``(2) To contract for hydrographic surveys under section 
        303(d)(1), including the leasing or time chartering of 
        vessels--
                    ``(A) $40,000,000 for fiscal year 2003;
                    ``(B) $42,500,000 for fiscal year 2004;
                    ``(C) $45,000,000 for fiscal year 2005;
                    ``(D) $47,500,000 for fiscal year 2006; and
                    ``(E) $50,000,000 for fiscal year 2007.
            ``(3) To carry out geodetic functions under this title--
                    ``(A) $27,500,000 for fiscal year 2003;
                    ``(B) $30,000,000 for fiscal year 2004;
                    ``(C) $32,500,000 for fiscal year 2005;
                    ``(D) $35,000,000 for fiscal year 2006; and
                    ``(E) $35,500,000 for fiscal year 2007.
            ``(4) To carry out tide and current measurement functions 
        under this title--
                    ``(A) $25,000,000 for fiscal year 2003;
                    ``(B) $27,500,000 for fiscal year 2004;
                    ``(C) $30,000,000 for fiscal year 2005;
                    ``(D) $32,500,000 for fiscal year 2006; and
                    ``(E) $35,000,000 for fiscal year 2007.
            ``(5) 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, $50,000,000.''.
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