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







105th CONGRESS
  2d Session
                                H. R. 3164

To describe the hydrographic services functions of the Administrator of 
  the National Oceanic and Atmospheric Administration, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 1998

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

_______________________________________________________________________

                                 A BILL


 
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 services.--The term ``hydrographic 
        services'' means all of the nautical mapping and charting, 
        hydrographic, geodetic, and tide and current measurement 
        functions, products, and services of the Administration, 
        including surveys, measurements, observations, and predictions, 
        and the acquisition, management, maintenance, certification, 
        and dissemination of hydrographic, geodetic, and tide and 
        current data and products.
            (4) 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.--As part of fulfilling the marine resources 
management and data gathering and dissemination duties of the 
Administration, including duties under the Act of 1947, the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the National 
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), and the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), the Administrator shall--
            (1) acquire hydrographic, geodetic, and tide and current 
        measurement data;
            (2) promulgate standards for data and products, and the 
        collection of data and development of products, used by the 
        Administration in hydrographic services;
            (3) ensure comprehensive nationwide coverage of 
        hydrographic services;
            (4) maintain a national database of hydrographic data, and 
        provide hydrographic products in uniform, easily accessible 
        formats;
            (5) participate in the development of, and implement for 
        the United States, international standards for hydrographic 
        data, products, and information systems; and
            (6) to the greatest extent practicable, fulfill the 
        requirements of this subsection through contracts or other 
        agreements with private sector entities.
    (b) Authorities.--In order to fulfill the marine resource 
management and data gathering and dissemination duties of the 
Administration, including duties under the Act of 1947, the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the National 
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), and the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), and subject to the availability of appropriations, the 
Administrator may--
            (1) procure, lease, evaluate, test, develop, and operate 
        vessels, equipment, and technologies necessary to ensure safe 
        navigation and maintain operational expertise in hydrographic 
        services;
            (2) enter into contracts and other agreements with 
        qualified public or private entities for the collection of 
        hydrographic data and the development, preparation, or 
        distribution of hydrographic services;
            (3) award contracts for hydrographic, geodetic, and 
        photogrammetric surveying and mapping services, in accordance 
        with title IX of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 541 et seq.); and
            (4) 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) In General.--The Administrator may--
            (1) develop and implement a quality assurance program, 
        under which the Administrator may certify hydrographic data and 
        products produced by a private sector entity that satisfy the 
        standards promulgated by the Administrator under section 
        3(a)(2);
            (2) authorize the use of the emblem or any trademark of the 
        Administration on data or a product certified under paragraph 
        (1); and
            (3) charge a fee for such certification and use. Any such 
        fee shall not exceed the costs of conducting the quality 
        assurance testing, evaluation, or studies necessary to 
        determine whether the data or product satisfies the standards 
        adopted under section 3(a)(2), including the cost of 
        administering such a program.
    (b) Limitation on Liability.--The Government of the United States 
shall not be liable for any negligence by a person that produces data 
or any products certified under this section, based solely on 
certification of such data or product under subsection (a).
    (c) Hydrographic Services Accounts.--
            (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 (a)(3); and
                    (B) such other amounts as may be provided by law.
            (3) Use.--Amounts in the account shall be available to the 
        Administrator for hydrographic services.

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 has agreed to 
assume the cost of operating and maintaining the system within 90 days 
after the date of installation of the system.
    (b) Existing Systems.--After October 1, 1999, the Administration 
shall cease to operate any Physical Oceanographic Real-Time Systems 
unless the local sponsor has agreed to assume the cost of operating and 
maintaining the system by January 1, 1999.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator the 
following:
            (1) To carry out nautical mapping and charting functions 
        under sections 3 and 4, except for the acquisition of 
        hydrographic data, $33,000,000 for fiscal year 1999, and 
        $36,000,000 for each of fiscal years 2000, 2001, 2002, and 
        2003.
            (2) To acquire hydrographic data under section 3(a)(1), 
        including leasing of ships, $33,500,000 for fiscal year 1999, 
        and $36,000,000 for each of fiscal years 2000, 2001, 2002, and 
        2003. Of these amounts, no more than $16,000,000 is authorized 
        for any one fiscal year to operate hydrographic survey vessels 
        owned by the Administration.
            (3) To carry out geodetic functions under sections 3 and 4, 
        $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 sections 3 and 4, $13,500,000 for fiscal year 1999, and 
        $15,000,000 for each of fiscal years 2000, 2001, 2002, and 
        2003.
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