[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3164 Engrossed in House (EH)]


  2d Session

                               H. R. 3164

_______________________________________________________________________

                                 AN ACT

To describe the hydrographic services functions of the Administrator of 
  the National Oceanic and Atmospheric Administration, and for other 
                               purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 3164

_______________________________________________________________________

                                 AN ACT


 
To describe the hydrographic services functions of the Administrator of 
  the National Oceanic and Atmospheric Administration, 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 Act may be cited as the ``Hydrographic Services Improvement 
Act of 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (3) Hydrographic data.--The term ``hydrographic data'' 
        means information acquired through hydrographic or bathymetric 
        surveying, photogrammetry, geodetic measurements, tide and 
        current observations, or other methods, that is used in 
        providing hydrographic services.
            (4) Hydrographic services.--The term ``hydrographic 
        services'' means--
                    (A) the management, maintenance, interpretation, 
                certification, and dissemination of bathymetric, 
                hydrographic, geodetic, and tide and current 
                information, including the production of nautical 
                charts, nautical information databases, and other 
                products derived from hydrographic data;
                    (B) the development of nautical information 
                systems; and
                    (C) related activities.
            (5) Act of 1947.--The term ``Act of 1947'' means the Act 
        entitled ``An Act to define the functions and duties of the 
        Coast and Geodetic Survey, and for other purposes'', approved 
        August 6, 1947 (33 U.S.C. 883a et seq.).

SEC. 3. 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) acquire hydrographic data;
            (2) promulgate standards for hydrographic data used by the 
        Administration in providing hydrographic services;
            (3) promulgate standards for hydrographic services provided 
        by the Administration;
            (4) ensure comprehensive geographic coverage of 
        hydrographic services, in cooperation with other appropriate 
        Federal agencies;
            (5) maintain a national database of hydrographic data, in 
        cooperation with other appropriate Federal agencies;
            (6) provide hydrographic services in uniform, easily 
        accessible formats;
            (7) participate in the development of, and implement for 
        the United States in cooperation with other appropriate Federal 
        agencies, international standards for hydrographic data and 
        hydrographic services; and
            (8) to the greatest extent practicable and cost-effective, 
        fulfill the requirements of paragraphs (1) and (6) through 
        contracts or other agreements with private sector entities.
    (b) Authorities.--To fulfill the data gathering and dissemination 
duties of the Administration under the Act of 1947, and subject to the 
availability of appropriations, the Administrator--
            (1) may procure, lease, evaluate, test, develop, and 
        operate vessels, equipment, and technologies necessary to 
        ensure safe navigation and maintain operational expertise in 
        hydrographic data acquisition and hydrographic services;
            (2) may enter into contracts and other agreements with 
        qualified entities, consistent with subsection (a)(8), for the 
        acquisition of hydrographic data and the provision of 
        hydrographic services;
            (3) shall award contracts for the acquisition of 
        hydrographic data in accordance with title IX of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 541 
        et seq.); and
            (4) may, subject to section 5, design and install where 
        appropriate Physical Oceanographic Real-Time Systems to enhance 
        navigation safety and efficiency.

SEC. 4. QUALITY ASSURANCE PROGRAM.

    (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 may--
                    (A) develop and implement a quality assurance 
                program, under which the Administrator may certify 
                hydrographic products that satisfy the standards 
                promulgated by the Administrator under section 3(a)(3);
                    (B) authorize the use of the emblem or any 
                trademark of the Administration on a hydrographic 
                product certified under subparagraph (A); and
                    (C) charge a fee for such certification and use.
            (2) Limitation on fee amount.--Any fee under paragraph 
        (1)(C) shall not exceed the costs of conducting the quality 
        assurance testing, evaluation, or studies necessary to 
        determine whether the hydrographic product satisfies the 
        standards adopted under section 3(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) Limitation; deposit.--Fees deposited in this account 
        during any fiscal year pursuant to this section shall be 
        deposited and credited as offsetting collections to the 
        National Oceanic and Atmospheric Administration, Operations, 
        Research, and Facilities account. No amounts collected pursuant 
        to this section for any fiscal year may be spent except to the 
        extent provided in advance in appropriations Acts.
    (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. 5. OPERATION AND MAINTENANCE OF PHYSICAL OCEANOGRAPHIC REAL-TIME 
              SYSTEMS.

    (a) New Systems.--After the date of enactment of this Act, the 
Administrator may not design or install any Physical Oceanographic 
Real-Time System, unless the local sponsor of the system or another 
Federal agency has agreed to assume the cost of operating and 
maintaining the system within 90 days after the date the system becomes 
operational.
    (b) Existing Systems.--After October 1, 1999, the Administration 
shall cease to operate Physical Oceanographic Real-Time Systems, other 
than any system for which the local sponsor or another Federal agency 
has agreed to assume the cost of operating and maintaining the system 
by January 1, 1999.

SEC. 6. REPORTS.

    (a) Photogrammetry and Remote Sensing.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall report to the 
        Congress on a plan to increase, consistent with this Act, 
        contracting with the private sector for photogrammetric and 
        remote sensing services related to hydrographic data 
        acquisition or hydrographic services. In preparing the report, 
        the Administrator shall consult with private sector entities 
        knowledgeable in photogrammetry and remote sensing.
            (2) Contents.--The report shall include the following:
                    (A) An assessment of which of the photogrammetric 
                and remote sensing services related to hydrographic 
                data acquisition or hydrographic services performed by 
                the National Ocean Service can be performed adequately 
                by private-sector entities.
                    (B) An evaluation of the relative cost-
                effectiveness of the Federal Government and private-
                sector entities in performing those services.
                    (C) A plan for increasing the use of contracts with 
                private-sector entities in performing those services, 
                with the goal of obtaining performance of 50 percent of 
                those services through contracts with private-sector 
                entities by fiscal year 2003.
    (b) Ports.--Not later than 6 months after the date of enactment of 
this Act, the Administrator shall report to the Congress on--
            (1) the status of implementation of real-time tide and 
        current data systems in United States ports;
            (2) existing safety and efficiency needs in United States 
        ports that could be met by increased use of those systems; and
            (3) a plan for expanding those systems to meet those needs, 
        including an estimate of the cost of implementing those systems 
        in priority locations.
    (c) Maintaining Federal Expertise in Hydrographic Services.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall report to the 
        Congress on a plan to ensure that Federal competence and 
        expertise in hydrographic surveying will be maintained after 
        the decommissioning of the 3 existing National Oceanic and 
        Atmospheric Administration hydrographic survey vessels.
            (2) Contents.--The report shall include--
                    (A) an evaluation of the seagoing capacity, 
                personnel, and equipment necessary to maintain Federal 
                expertise in hydrographic services;
                    (B) an estimated schedule for decommissioning the 3 
                existing survey vessels;
                    (C) a plan to maintain Federal expertise in 
                hydrographic services after the decommissioning of 
                these vessels; and
                    (D) an estimate of the cost of carrying out this 
                plan.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator the 
following:
            (1) To carry out nautical mapping and charting functions 
        under the Act of 1947 and sections 3 and 4, except for 
        conducting hydrographic surveys, $33,000,000 for fiscal year 
        1999, $34,000,000 for fiscal year 2000, $35,000,000 for fiscal 
        year 2001, $36,000,000 for fiscal year 2002, and $37,000,000 
        for fiscal year 2003.
            (2) To conduct hydrographic surveys under section 3(a)(1), 
        including leasing of ships, $33,000,000 for fiscal year 1999, 
        $35,000,000 for fiscal year 2000, $37,000,000 for fiscal year 
        2001, $39,000,000 for fiscal year 2002, and $41,000,000 for 
        fiscal year 2003. Of these amounts, no more than $14,000,000 is 
        authorized for any one fiscal year to operate hydrographic 
        survey vessels owned and operated by the Administration.
            (3) To carry out geodetic functions under the Act of 1947, 
        $20,000,000 for fiscal year 1999, and $22,000,000 for each of 
        fiscal years 2000, 2001, 2002, and 2003.
            (4) To carry out tide and current measurement functions 
        under the Act of 1947, $22,500,000 for each of fiscal years 
        1999 through 2003. Of these amounts, $2,500,000 is authorized 
        for each fiscal year to implement and operate a national 
        quality control system for real-time tide and current data, and 
        $7,500,000 is authorized for each fiscal year to design and 
        install real-time tide and current data measurement systems 
        under section 3(b)(4) (subject to section 5).

SEC. 8. COMPLIANCE WITH BUY AMERICAN ACT.

    No funds authorized pursuant to this Act may be expended by an 
entity unless the entity agrees that in expending the assistance the 
entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').

SEC. 9. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this Act, it is the sense of 
the Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of Commerce shall provide to 
each recipient of the assistance a notice describing the statement made 
in subsection (a) by the Congress.

SEC. 10. PROHIBITION OF CONTRACTS.

    If it is has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, such person shall be ineligible to receive any contract 
or subcontract made with funds provided pursuant to this Act, pursuant 
to the debarment, suspension, and ineligibility procedures described in 
section 9.400 through 9.409 of title 48, Code of Federal Regulations.

            Passed the House of Representatives April 22, 1998.

            Attest:

                                                                 Clerk.