[Congressional Record Volume 144, Number 44 (Tuesday, April 21, 1998)]
[House]
[Pages H2120-H2121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3164

                    Offered By: Mr. Young of Alaska

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     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

[[Page H2121]]

     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).