[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.

                                
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