[House Report 105-485]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-485
_______________________________________________________________________
HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998
_______
April 21, 1998.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3164]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3164) to describe the hydrographic services functions of
the Administrator of the National Oceanic and Atmospheric
Administration, 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 out all after the enacting clause and insert in lieu
thereof 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 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.);
(4) may, subject to section 5, design and install where
appropriate Physical Oceanographic Real-Time Systems to enhance
navigation safety and efficiency; and
(5) may enter cost-sharing agreements with State or local
governments or other public entities for the purpose of
acquiring hydrographic data or providing hydrographic services.
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
information 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, if that liability
is based solely on certification of such data or product under
subsection (b).
(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) Use.--Amounts in the account shall be available to the
Administrator, without further appropriation, for hydrographic
services.
(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) whether or not implementation of real-time tide and
current data systems could enhance economic competitiveness and
environmental protection in United States ports;
(2) the status of implementation of those systems;
(3) existing safety and efficiency needs in United States
ports that could be met by increased use of those systems; and
(4) 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).
PURPOSE OF THE BILL
The purpose of H.R. 3164 is to describe the hydrographic
services functions of the Administrator of the National Oceanic
and Atmospheric Administration.
BACKGROUND AND NEED FOR LEGISLATION
When the United States was founded, President Thomas
Jefferson recognized that safe navigation was essential to the
success of the young nation, and established the Coast Survey
in 1807 to make charts of U.S. waters and collect other
hydrographic information. In modern times, hydrographic data is
vital for marine resources management (including fishery
resources), coastal erosion prediction and prevention, offshore
geology and safety issues relating to outer continental shelf
facility siting. This information also contributes to our
understanding of global climate change and oceanography in
general.
The National Ocean Service (NOS), one of the five line
offices of the National Oceanic and Atmospheric Administration
(NOAA), now carries out the responsibility for collecting
hydrographic data for these purposes. NOS conducts hydrographic
surveys of U.S. state and federal waters; measures tides and
currents in coastal areas throughout the U.S.; and issues
nearly a thousand regular chart editions as well as tide and
current predictions for the entire U.S. coastline. This
information is used by the federal government, state and local
governments, commercial fishermen, ship pilots, coastal zone
managers, fisheries biologists, offshore oil and gas operators,
and countless others.
During the post-World War II economic boom in this country,
hydrographic surveying and nautical charting received strong
financial support. The invention of the acoustic depth sounder
in the 1940s greatly increased survey speed and accuracy over
the previous technique of casting a weighted line over the side
of the vessel at intervals. Much of the data incorporated in
present charts was collected between the 1940s and the 1970s.
Since then, however, support for the program has eroded
significantly. Funding for hydrographic services (in constant
1994 dollars) dropped from $94.5 million in 1979 to $47.7
million in 1994, a decrease of 50 percent. In 1971, NOAA had 11
hydrographic survey ships, most of them less than ten years
old. Today NOAA has only three ships in service, the youngest
of which was built in 1968.
This erosion of support has significantly reduced the
effectiveness of the program. NOS has identified a backlog of
39,000 square nautical miles of ``critical areas''--areas with
heavy large vessel traffic, shallow water, and inadequate or
obsolete surveys--which must be resurveyed. Many of these
critical areas are approaches to major ports, or heavily used
inshore areas with unstable bottom topography. The rest are
large areas, primarily in Alaska waters, which have never been
surveyed with modern equipment but have recently experienced
major increases in oil tanker, cargo carrier, and cruise ship
traffic. NOAA estimates that it would require more than 30
years at 1997 funding levels to complete these critical
surveys. This does not include the additional 200-300 reports
of new wrecks and obstructions that NOAA must investigate every
year.
Since 1994, Congress has increased appropriations for
hydrographic services by nearly $18 million. The program is now
funded at 62 percent of its 1979 level. NOAA has no plans to
purchase new survey vessels. To actually use these new funds to
reduce the survey backlog, therefore, NOAA must contract with
private-sector survey contractors. NOAA began contracting for
survey data in 1995 and was able to complete several contracts
successfully. Since then, there has been some disagreement over
the cost-effectiveness of in-house surveying using NOAA ships
versus outsourcing for data, as well as over the role of the
federal government and the private sector in ensuring data
accuracy. These controversies have significantly held up the
process of reducing the backlog.
In 1996, NOAA proposed to purchase new multibeam sonar
systems to install on its existing vessels, which would make
them significantly more efficient. Survey contractors objected
to this on the grounds that such systems were widely available
in the private sector and that, by purchasing them, NOAA would
be unlawfully competing with the private sector. Also, a 1996
report by the Commerce Department Inspector General concluded
that NOAA could collect hydrographic data much more cheaply
through outsourcing than by using existing NOAA ships.
Accordingly, the Department of Commerce appropriation acts
in Fiscal Years 1996 and 1997 provided significant new funds to
collect hydrographic data by contracting with private
companies, and prohibited NOAA from using previously
appropriated funds to purchase this equipment. Commerce
Department counsel then determined that, without the ability to
procure state-of-the-art equipment, the U.S. would be unable to
exercise adequate quality control over data collected by
contractors, and could not assume liability for such data if it
were later incorporated into official charts. Thus, contract
solicitations released by NOAA in 1996 included a requirement
that each contractor carry $100 million in liability insurance
for 15 years after the survey. Since the cost of such insurance
would exceed the value of the contract, this made it
effectively impossible to contract for data acquisition.
Thus, funds designated for contract data acquisition
remained unspent in Fiscal Year 1997. The Fiscal Year 1998
Department of Commerce appropriations act did allow NOAA to use
previously appropriated funds to purchase some new sonar
systems. NOAA is now installing them, and Commerce Department
counsel has allowed NOAA to dispense with the liability
insurance requirements. NOAA is now negotiating several new
contracts, and it appears that liability requirements will no
longer pose a problem.
At the same time, many NOAA product users expressed concern
that the accuracy of NOAA charts and other data could suffer if
NOAA moved toward acquiring data from contractors too quickly.
In response to these disagreements over the NOAA role in
hydrographic surveying, NOS Assistant Administrator Nancy
Foster hosted a meeting on July 17, 1997, for NOAA product
users within the maritime industry, hydrographic survey
contractors, and other interested parties, to discuss the needs
for improvement in NOAA hydrographic services. Shortly
thereafter, Congress enacted the Fiscal Year 1998 Department of
Commerce appropriations act, which required NOAA to consult
with private-sector product users and survey contractors and
prepare a plan to maintain an appropriate federal capacity in
hydrographic services while increasing contracting with the
private sector.
Dr. Foster held another meeting of interested parties on
January 29, 1997, to present NOAA's strategy for addressing the
survey backlog and a draft of the plan for submission to
Congress. She stated that NOAA intended to modernize and
continue to operate its three remaining survey vessels for the
remainder of their service lives for three purposes: first, to
maintain sufficient competence in survey technology to ensure
the quality of contractor data; second, to continue using all
available resources to reduce the survey backlog; and third, to
respond quickly to emergency surveying requirements in U.S.
waters. NOAA would devote the minimum funding required to
operate three vessels to this purpose, and would not seek funds
to purchase new survey vessels or make major renovations to
existing ones. All other funds available for data acquisition
would be used for contracts with private-sector surveying
companies. Thus, NOAA would be able to assume liability for
data collected by contractors; NOAA's capability would be
limited to a minimum appropriate level to both maintain federal
competence and minimize government competition with the private
sector; contractors would not have to carry crippling liability
insurance; and the funding increases in Fiscal Years 1997 and
1998 could be used to reduce the backlog.
H.R. 3164 is intended to enact into law this division of
responsibilities between NOAA and the private sector. The bill
authorizes NOAA to maintain sufficient equipment, personnel,
and expertise to ensure the quality of all data incorporated
into United States nautical charts and other hydrographic
products. The Committee intends that NOAA should continue to
operate the three existing survey ships, the Rude, Whiting, and
Rainier, at their full capacity for the remainder of their
service lives to maintain NOAA capability and expertise and to
reduce the survey backlog as quickly as possible. NOAA should
use all other funds available for data acquisition to contract
with qualified private-sector surveying and mapping
contractors. The Committee notes, however, that NOAA has never
presented an acceptable plan explaining how NOAA's in-house
capacity will be maintained once the three existing ships are
retired. The Committee is concerned that this lack of a plan
may result in unacceptable reductions in NOAA's ability to
maintain the accuracy of U.S. nautical charts. H.R. 3164
requires NOAA to report to Congress on a plan to maintain its
existing level of in-house capacity and expertise after the
retirement of the three existing vessels.
H.R. 3164 also resolves uncertainty within the Department
of Commerce regarding the method of contractor selection. Title
IX of the Federal Property and Administrative Services Act of
1949 (the Brooks Act) requires government agencies to let
contracts on a qualifications basis rather than a cost basis
for certain technical services. Although the Brooks Act
specifically mentions ``surveying and mapping'' as one of these
services, and both NOAA personnel and interested contractors
believed that qualifications-based selection was preferable,
Commerce Department counsel determined that hydrographic
surveying was not subject to the Brooks Act. Thus, in NOAA's
initial attempts at contracting in 1995, the agency was
required to select contractors on a cost basis. This raised
concerns about the agency's ability to ensure data quality. In
Fiscal Years 1997 and 1998, language in appropriations bills
allowed NOAA to use Brooks Act authority for hydrographic data
acquisition contracts. Due to the liability issues described
above, NOAA has not yet entered into any contracts under Brooks
Act procedures. H.R. 3164 would make clear that NOAA is
required to use qualifications-based selection under the Brooks
Act for hydrographic data acquisition.
The reduction in funding for NOAA hydrographic services
programs over the last 20 years has also crippled tide and
current measurement and prediction programs. In the past,
pilots entering ports have relied on tide predictions, which
are computed months in advance, to tell them how much water
they are likely to have under their keel and how strong the
current is likely to be. Unfortunately, actual water levels and
currents can differ significantly from predicted values. Four
U.S. ports--New York/New Jersey, Houston/Galveston, San
Francisco and Tampa--have real-time systems that measure water
level, current, wind, and other parameters throughout channels
and maneuvering areas, and deliver this information
continuously to pilots. These systems are called PORTS, for
Physical Oceanographic Real Time Systems.
The appropriate division of responsibility between the
federal government and individual municipalities or port
authorities in operating PORTS has not been clear. The
Committee feels that NOAA should be responsible for the
accuracy of tide and current data, and ensure that tide and
current information collection, analysis, and distribution
procedures are standardized throughout U.S. waters. The
Committee feels that NOAA must continue to operate the National
Water Level Observation Network and any other systems necessary
to provide basic tide and current information throughout U.S.
waters. However, since individual municipalities or port
authorities are the chief beneficiaries of enhanced real-time
systems installed in major ports, NOAA need not operate and
maintain the instruments that collect this locally applicable
data. Existing NOAA policy and direction in the Fiscal Year
1998 Department of Commerce appropriations act require the
beneficiaries of real-time tide and current systems to pay for
operation and maintenance of those systems. H.R. 3164 would
enact this distinction into law. In addition, the bill
authorizes funding increases necessary to implement a national
tide and current data standardization and quality-control
program, and accelerate the installation of new real-time
systems.
Finally, the Committee feels that the survey backlog and
the failure to take full advantage of new tide and current
prediction systems has the potential to significantly increase
the risk of major accidents and associated economic and
environmental disruption, and also lost opportunities for
better marine resource management. Hydrographic services yields
a huge payoff in coastal resource management, economic
competitiveness and environmental protection. Reducing the
survey backlog and bringing NOAA's hydrographic services
programs up to date are critical national needs. Thus, H.R.
3164 authorizes increased appropriations for hydrographic
services programs. According to NOAA estimates, the amounts
authorized in H.R. 3164 should be sufficient to complete the
survey backlog in approximately 20 years rather than 35. In
light of the huge amount of ground that this program has lost
during the past two decades, the Committee feels that it is
critically important to make this relatively small investment
now to avert possible serious consequences in the future.
COMMITTEE ACTION
On April 24, 1997, the Subcommittee on Fisheries
Conservation, Wildlife, and Oceans held a hearing on the future
of the federal hydrography program. H.R. 3164 was introduced on
February 5, 1998, by Congressman Jim Saxton (R-NJ), Chairman,
Subcommittee on Fisheries Conservation, Wildlife, and Oceans,
and Congressman Don Young (R-AK), Chairman, Committee on
Resources. The bill was referred to the Committee on Resources,
and within the Committee to the Subcommittee on Fisheries
Conservation, Wildlife, and Oceans. On February 12, 1998, the
Subcommittee met to mark up H.R. 3164. Mr. Saxton offered an
amendment in the nature of a substitute to make technical and
clarifying changes and require a study of whether
photogrammetric services currently carried out by NOS could be
performed by the private sector. The amendment was adopted by
voice vote, and the bill as amended was then ordered favorably
reported to the Full Committee by voice vote. On March 11,
1998, the full Resources Committee met to consider H.R. 3164.
Mr. Saxton offered an amendment in the nature of a substitute
to make further technical and clarifying changes; add report
requirements related to tide and current systems and
maintaining federal expertise in hydrographic surveying;
prohibit NOAA from imposing new fees for hydrographic services;
and increase funding authorizations. The amendment was adopted
by voice vote, and the bill as amended was then ordered
favorably reported to the House of Representatives by voice
vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title of this bill is the ``Hydrographic Services
Improvement Act of 1998.''
Section 2. Definitions
The following terms are defined in this section:
``Administration'' means the NOAA of the Department of
Commerce.
``Administrator'' means the NOAA Administrator.
``Hydrographic data'' means information acquired through
hydrographic or bathymetric surveying, photogrammetry, geodetic
measurements, tide and current observations, or other methods,
which is used in providing hydrographic services. This includes
any source data used in the preparation of nautical charts or
related products, tide and current predictions, or other
nautical products issued by NOS. It does not include data that
is unrelated to the production of such products. Hydrographic
data is gathered through direct observations, and does not
include interpretation of these observations. For example, if
NOAA were to contract with a surveying company to perform a
hydrographic survey, the soundings provided by that company, as
well as any other information necessary to evaluate the
accuracy of those soundings, would be hydrographic data.
However, a nautical chart containing those soundings would not
be hydrographic data, because the production of the chart
involves data processing, compilation, editing, and other steps
after the actual collection of data.
``Hydrographic services'' means 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; the development of nautical information
systems; and related activities. This includes all activities,
other than the direct acquisition of hydrographic data, which
are carried out by NOS to promote safe navigation. For example,
hydrographic services includes hydrographic data compilation,
nautical chart production, the setting of standards for
hydrographic data, and any other related activities.
``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.).
Section 3. Functions of the Administrator
At present, the responsibilities of the Administrator to
carry out hydrographic services are authorized under broad
provisions of the Act of 1947. This section clarifies some of
the responsibilities and authority of the Administrator under
that Act. The Committee notes that this section does not limit
the authority of the Administrator to carry out any activity
which is authorized under the Act of 1947 but not specifically
mentioned in this Act.
(a) Responsibilities. This subsection directs the
Administrator to carry out certain specific functions under the
Act of 1947:
(1) directs the Administrator to acquire hydrographic data.
The Committee expects that the Administrator will acquire data
by the use of federal equipment and personnel, by contracting
with private entities, and by other appropriate means.
(2) directs the Administrator to promulgate standards for
data used by the Administration in providing hydrographic
services. This is intended to make clear that the Administrator
is responsible for ensuring the accuracy of all data used in
producing nautical charts, tide and current predictions, and
other products issued by NOS.
(3) directs the Administrator to promulgate standards for
hydrographic services provided by the Administration. This
makes clear that the Administrator is responsible for
determining which nautical charts or other products are
adequate to ensure safe navigation in U.S. waters which the
Administrator is responsible for charting under the Act of
1947. It is not intended to give the Administrator any
authority over the data-gathering procedures or product
standards of any other federal agency that surveys other
waters, for example the U.S. Army Corps of Engineers, which is
responsible for inland waterways of the U.S., or the National
Imagery and Mapping Agency, which issues maps and charts of
international waters.
(4) directs the Administrator to ensure comprehensive
geographic coverage of hydrographic services, in cooperation
with other appropriate federal agencies. This does not extend
the Administrator's geographic area of responsibility beyond
that defined under the Act of 1947.
(5) directs the Administrator to maintain a national
database of hydrographic data, in cooperation with other
appropriate federal agencies.
(6) directs the Administrator to provide hydrographic
services in uniform and easily accessible formats. This
includes electronic formats compatible with commercially
available navigation and chart display systems.
(7) directs the Administrator to participate in the
development of international standards for hydrographic data
and services. The Committee feels that it is extremely
important that the U.S. participate fully in the development of
international hydrographic standards to ensure that
hydrographic services in U.S. waters are fully compatible and
consistent with international norms. This paragraph also
directs the Administrator to implement international
hydrographic standards for the United States, in cooperation
with other appropriate federal agencies.
(8) directs the Administrator to fulfill the requirements
of paragraphs (1) and (6) by utilizing qualified private-sector
entities. The Committee feels that the core responsibilities of
the Administration include ensuring data accuracy and
compatibility, maintaining a high level of expertise in
hydrographic data acquisition and hydrographic services, and
ensuring that hydrographic products are standardized,
comprehensive and publicly accessible. The Committee recognizes
that the Administrator must maintain capacity and expertise in
hydrographic data acquisition to carry out these
responsibilities. After this requirement is satisfied, the
Administrator should utilize private-sector capabilities to the
greatest extent practicable to maximize the efficiency of
hydrographic data collection and reduce the survey backlog as
soon as possible. In addition, the Committee feels that the
Administrator must provide basic end-user products such as
nautical charts and tide predictions to ensure the public
availability of hydrographic services. However, it is
appropriate for qualified private-sector entities to produce
value-added products based on this information. The Committee
feels that the recent Cooperative Research and Development
Agreement between NOAA and BSB Electronic Charts to provide
electronic charts is an excellent example of such cooperation,
and encourages similar agreements in future.
(b) Authorities. This subsection clarifies the authority of
the Administrator to carry out certain activities under the Act
of 1947:
(1) makes clear that the Administrator is authorized to
operate whatever vessels, equipment, and technologies are
necessary to maintain expertise in hydrographic services and
hydrographic data acquisition. The Committee feels that it is
extremely important that NOAA maintain its high level of
expertise to ensure the accuracy of nautical charts and other
hydrographic services. The Committee feels that NOAA should
maintain a data acquisition capacity approximately equivalent
to that represented by its current three survey vessels. This
could be carried out through ownership of vessels, leasing of
privately-owned vessels, or other means.
(2) authorizes the Administrator to enter into contracts
with qualified entities for the acquisition of hydrographic
data and the provision of hydrographic services. As discussed
above, when appropriate, the Administrator should use private
sector capabilities to the greatest extent possible.
(3) directs the Administrator to award contracts for
hydrographic data acquisition in accordance with the Brooks
Act. This makes clear that contracts for hydrographic surveying
should be awarded on a qualifications basis. However, this
paragraph does not mean that contracts for services associated
with the collection of hydrographic data which are not
themselves surveying or mapping services should be awarded
using Brooks Act procedures. For example, leasing of vessels or
contracting for vessel operations are not hydrographic data
acquisition for purposes of this section. In addition, the
Committee understands that the General Services Administration
is developing a standard list of ``pre-qualified'' surveying
and mapping contractors. To the extent that such a program
conforms with Brooks Act qualification requirements, the
Administrator may use it to award contracts for hydrographic
data acquisition.
(4) authorizes the Administrator to design and install
PORTS. This authority is discussed in greater detail below.
(5) authorizes the Administrator to enter cost-sharing
agreements with state or local governments or other public
entities for the purpose of acquiring hydrographic data or
providing hydrographic services.
Section 4. Quality Assurance Program
This section authorizes the Administrator to conduct a
quality assurance program for hydrographic products.
``Hydrographic products'' means any products that are publicly
available, produced by a non-federal entity, and include or
display hydrographic data. For example, books containing NOAA
charts that have been reformatted for easier access and
storage; CD-ROM discs containing electronic nautical charts;
fishing maps of nearshore areas showing bathymetry and bottom
type; or commercial tide-prediction software are all
hydrographic products under this section. Official nautical
charts or other information published by the federal government
are not hydrographic products under this section. Source data
acquired by NOAA from a private entity for the purpose of
making nautical charts are not hydrographic products.
The Committee expects that under this quality assurance
program, NOAA would allow an official emblem to be affixed to
hydrographic products. This emblem would signify that the
hydrographic data portrayed in that product, and the means of
displaying that data, adhered to standards established by NOAA.
This section authorizes NOAA to charge a fee to
manufacturers of hydrographic products who apply to be
certified under this program. Such a fee may not exceed the
cost of conducting the studies necessary to determine whether
the product satisfies the standards required for certification,
including the cost of administering such a program.
This section limits the liability of the federal government
under such a program. The Committee feels that it is incumbent
on the Administrator only to certify that the data included in
a hydrographic product are collected and displayed in a manner
that satisfies certain standards. By certifying a hydrographic
product, the Administrator should not be expected to
individually check all data included in that product, or assume
responsibility for negligent actions, or failure to follow
appropriate standards, by the entity producing the product.
Thus, this section states that the federal government shall not
be liable for any negligence by a person that produces
hydrographic products certified under this section.
This section also establishes a separate account in the
Treasury known as the Hydrographic Services Account. Fees
charged for certification under this section, as well as any
other amounts provided by law, may be deposited in this
account. Amounts in the account shall be available to the
Administrator for hydrographic services.
Finally, this section limits the authority of the
Administrator to establish fees for hydrographic services. It
states that the Administrator may not establish any new fees
for hydrographic services unless they are specifically
authorized in law. The Administrator is authorized to charge
fees for the provision of any nautical or aeronautical products
under 44 U.S.C. 1307, and this section authorizes a new fee
program. This section does not affect the Administrator's
existing authority under 44 U.S.C. 1307 to charge fees for new
types or formats of nautical products. Furthermore, the
Administration may not increase any existing fees for
hydrographic services beyond the amounts authorized in this
section and 44 U.S.C. 1307.
Section 5. Operation and Maintenance of Physical Oceanographic Real
Time Systems
Physical Oceanographic Real Time Systems (PORTS) are
systems that provide oceanographic and meteorological
information to mariners in congested harbors and ports. PORTS
measure tides, currents, wind, salinity, and other parameters,
and continuously supply mariners with this information, as well
as other information derived therefrom such as water depths,
bridge clearances, and tide and current predictions. At
present, PORTS are installed in four major U.S. commercial
ports: New York/New Jersey, Houston/Galveston, San Francisco
Bay, and Tampa. The Committee intends that the term ``Physical
Oceanographic Real Time Systems'' should apply to any future
system designed or installed by NOAA whose nature and purpose
are similar to that of existing PORTS and which primarily
benefits commercial navigation in a limited geographic area.
PORTS do not include tide gauges which are part of the National
Water Level Observation Network or are otherwise necessary to
support the Administrator's basic responsibility to provide
national tide and current predictions.
Since PORTS primarily benefit the individual ports in which
they are installed, the Committee feels that NOAA should not
fund the local operation and maintenance costs for individual
PORTS. Thus, subsection (a) states that the Administrator may
not design or install any new PORTS unless an agreement exists
under which an entity other than NOAA will assume operation and
maintenance costs for the system once it becomes operational.
``Design'' in this subsection means preparation of detailed
specifications, and the subsection does not prohibit NOAA from
supplying basic preliminary design information or cost
estimates to ports or municipalities who are considering
developing a PORTS. Furthermore, subsection (b) states that the
Administrator must cease operation of any existing PORTS unless
the local sponsor or another Federal agency has agreed to
assume the cost of operating and maintaining the system by
January 1, 1999.
The Committee feels that the Administrator should design
and install PORTS to ensure that all such systems are
compatible and adhere to consistent standards. Section 3(b)(4)
grants this authority. In addition, the Committee expects the
Administrator to develop and operate a national quality control
program to ensure the accuracy of PORTS data. Section 7
authorizes appropriations for this purpose.
Section 6. Reports
First, it has come to the attention of the Committee that
NOS performs photogrammetric and remote sensing activities
related to hydrographic services which are similar to
activities performed by private-sector surveying and mapping
companies. This section requires the Administrator to report on
whether those activities could be performed adequately by
private-sector entities, including an evaluation of the
relative cost-effectiveness of the federal government and the
private sector in performing those services, and a proposed
plan for increasing the use of contracting with private-sector
entities in performing those services.
Second, the Committee feels that expansion of the present
real-time tide and current data program is important to ensure
economic competitiveness and environmental protection in our
nation's ports. This section requires the Administrator to
report on the status of implementation of real-time tide and
current data systems, the needs for expansion of these systems,
and a plan for expanding the program to meet these needs.
Third, as discussed above, the Committee is concerned that
NOAA has not developed an adequate plan to maintain federal
expertise in hydrographic services after the decommissioning of
the three existing federal hydrographic survey ships. This
section requires the Administrator to report on such a plan,
including an evaluation of equipment and personnel necessary to
maintain federal expertise, a schedule for decommissioning the
existing ships, and an estimate of the cost of the plan.
Section 7. Authorization of appropriations
This section authorizes appropriations for NOS hydrographic
and geodetic programs. These funds are currently appropriated
into accounts entitled ``Navigation Services'' and
``Acquisition of Data'' within the NOS budget. NOAA estimates
suggest that the funding level authorized for Fiscal Year 2003
would allow the backlog to be completed in less than 20 years,
rather than 35 years, and allow NOAA to keep up with new wreck
and obstruction surveys.
Paragraph (1) authorizes $33 million for Fiscal Year 1999,
$34 million for Fiscal Year 2000, $35 million for Fiscal Year
2001, $36 million for Fiscal Year 2002, and $37 million for
Fiscal Year 2003, to be appropriated to the Administrator to
carry out nautical mapping and charting functions performed by
NOS under the Act of 1947 and sections 3 and 4 of this Act,
except for the acquisition of hydrographic data. These
functions are funded at present by an appropriation entitled
``Mapping and Charting.''
Paragraph (2) authorizes $33 million for Fiscal Year 1999,
$35 million for Fiscal Year 2000, $37 million for Fiscal Year
2001, $39 million for Fiscal Year 2002, and $41 million for
Fiscal Year 2003, to be appropriated to the Administrator to
conduct hydrographic surveys. This function is funded at
present by an appropriation entitled ``Address survey backlog/
contracts'' and by part of the appropriation entitled
``Acquisition of Data.'' Of this amount, not more than $14
million in any one fiscal year is authorized to be appropriated
into the ``Acquisition of Data'' account to support the
operation of hydrographic survey vessels owned and operated by
NOAA.
Paragraph (3) authorizes $20 million for Fiscal Year 1999,
and $22 million for each of Fiscal Years 2000 through 2003 to
be appropriated to the Administrator to carry out geodetic
functions under the Act of 1947.
Paragraph (4) authorizes $22.5 million for each of Fiscal
Years 1999 through 2003 to be appropriated to the Administrator
to carry out tide and current measurement functions under the
Act of 1947. Of this amount, $12.5 million should be used to
operate the National Water Level Observation Network and other
base programs; $2.5 million is authorized to be appropriated in
each fiscal year to implement and operate a national quality
control system for real-time tide and current data; and $7.5
million is authorized to be appropriated in each fiscal year to
help design and install PORTS or other real-time tide and
current measurement systems. No funds are authorized for
operation or maintenance of operational PORTS.
committee oversight findings and recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact H.R. 3164.
cost of the legislation
Clause 7(a) 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
H.R. 3164. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.
compliance with house rule xi
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
3164 does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of H.R.
3164 would affect direct spending by authorizing NOAA to
collect fees and spend the proceeds without appropriation, but
the collection and spending of these fees would have no
significant impact on the federal budget in any year.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3164.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI 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 H.R.
3164 from the Director of the Congressional Budget Office.
congressional budget office cost estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 24, 1998.
Hon. Don Young,
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. 3164, the
Hydrographic Services Improvement Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Gary Brown
(for federal costs), and Marjorie Miller (for the state and
local impact).
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.R. 3164--Hydrographic Services Improvement Act of 1998
Summary: H.R. 3164 would:
authorize appropriations totaling $581 million over
the 1999-2003 period for the National Oceanic and
Atmospheric Administration (NOAA) for providing
hydrographic services;
authorize NOAA to certify hydrographic products that
satisfy federal standards. (A NOAA emblem would
distinguish certified products. NOAA would be
authorized to charge a fee for this service and to
spend proceeds from these fees without appropriation
action); and
prohibit NOAA from establishing or increasing any
fees for hydrographic services except as authorized
under current law and this legislation.
Assuming appropriation of the authorized amounts, CBO
estimates that enacting H.R. 3164 would result in additional
discretionary spending of $503 million over the 1999-2003
period for the navigation services provided by NOAA. The
legislation also would affect direct spending by authorizing
NOAA to collect fees and spend the proceeds without
appropriation; therefore, pay-as-you-go procedures would apply.
CBO estimates that neither the collection nor the spending of
fees would have a significant impact on the federal budget in
any year. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
of 1995 (UMRA) and would impose no costs on state, local, or
tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3164 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal years in millions of dollars--
-----------------------------------------------------
1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for NOAA's Navigation Services:
Budget Authority \1\.................................. 88 0 0 0 0 0
Estimated Outlays..................................... 87 37 13 6 0 0
Proposed Changes:
Authorization Level................................... 0 108 114 116 120 123
Estimated Outlays..................................... 0 63 95 107 117 121
Spending Under H.R. 3164 for NOAA's Navigation Services:
Authorization Level \1\............................... 88 108 114 116 120 123
Estimated Outlays..................................... 87 100 108 113 117 121
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year.
Basis of estimate: For purposes of this estimate, CBO
assumes that H.R. 3164 will be enacted by the end of fiscal
year 1998 and that all authorized amounts for NOAA's navigation
services would be appropriated for each fiscal year. Estimated
outlays are based on historical spending patterns for the
authorized programs.
Based on information from NOAA, CBO assumes that the agency
would begin certifying hydrographic products and collecting
fees in fiscal year 1999. Based on information from NOAA, CBO
estimates that proceeds from fees would be less than $500,000
per year. The fees would be recorded as offsetting receipts and
would be available for spending without further appropriation
action. Accordingly, the increase in offsetting receipts would
be offset by additional direct spending and the provision would
have no significant net impact on the federal budget.
CBO estimates that there would be no budgetary impact from
prohibiting new fees or increases in fees for hydrographic
products that are not authorized under current law. The only
existing fees for hydrographic products are charges for
creating, publishing, and distributing nautical maps and
charts. These fees yield offsetting receipts totaling about $7
million a year. Such fees can be increased under current law
and H.R. 3164 would not affect that authority.
Pay-as-you-go-considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending
or receipts. CBO estimates that enacting H.R. 3164 would affect
direct spending but that there would be no significant impact
in any year. Enacting the legislation would not affect
governmental receipts.
Estimated impact on State, local, and tribal governments:
H.R. 3164 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
The bill would prohibit NOAA from installing any Physical
Oceanographic Real-Time Systems (PORTS), or operating existing
systems after October 1, 1999, unless the local sponsor of a
system or another federal agency agrees to assume the
operations and maintenance expenses of the system. Based on
information provided by agency officials, CBO estimates that
the federal government will pay operations and maintenance
costs of about $600,000 for two existing PORTS in the current
year. The operating costs of the two other PORTS currently in
operation are already paid by local authorities. H.R. 3164
would probably require that all these costs be shifted to local
authorities, should they choose to keep the systems in place,
but such a shift might take place even under current law.
Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Gary Brown; Impact on
State, Local, and Tribal Governments: Marjorie Miller.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
compliance with public law 104-4
H.R. 3164 contains no unfunded mandates.
changes in existing law
If enacted, H.R. 3164 would make no changes in existing
law.