Hydrographic Services Improvement Act of 1998

*As Amended by H.R. 4883, the Hydrographic Services Improvement Act
Amendments of 2002*

SEC. 301. SHORT TITLE. \<\<NOTE: 33 USC 851 note.\>\>

This title may be cited as the \`\`Hydrographic Services Improvement Act
of 1998\'\'.

SEC. 302. DEFINITIONS. \<\<NOTE: 33 USC 892.\>\>

In this title:

\(1\) 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**, geospatial, or geomagnetic** 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, **geospatial,
geomagnetic,** 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. 303. FUNCTIONS OF THE ADMINISTRATOR. \<\<NOTE: 33 USC 892a.\>\>

\(a\) Responsibilities.\--To fulfill the data gathering and
dissemination duties of the Administration under the Act of 1947, the

Administrator shall\--

\(1\) acquire and disseminate hydrographic data;

\(2\) \<\<NOTE: Standards.\>\> 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;]{.mark}

[(5) maintain a national database of hydrographic data, in cooperation
with other appropriate Federal agencies;]{.mark}

\(6\) 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.]{.mark}

\(b\) 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;]{.mark}

[(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;]{.mark}

[(3) \<\<NOTE: Contracts.\>\> shall award contracts for the acquisition
of hydrographic data in accordance with title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.);
and]{.mark}

\(4\) **shall, subject to the availability of appropriations, design,
install, maintain, and operate real-time hydrographic monitoring systems
to enhance navigation safety and efficiency.\'** ~~may design and
install where appropriate Physical Oceanographic Real-Time Systems to
enhance navigation safety and efficiency.~~

**(c) CONSERVATION AND MANAGEMENT OF COASTAL AND OCEAN RESOURCES- Where
appropriate and to the extent that it does not detract from the
promotion of safe and efficient navigation, the Secretary may use
hydrographic data and services to support the conservation and
management of coastal and ocean resources.**

SEC. 304. QUALITY ASSURANCE PROGRAM. \<\<NOTE: 33 USC 892b.\>\>

\(a\) Definition.\--For purposes of this section, the term
\`\`hydrographic product\'\' means any publicly or commercially
available product produced by a non-Federal entity that includes or
displays hydrographic data.

\(b\) Program.\--

> **(1) IN GENERAL- The Administrator\--**
>
> **\`(A) by not later than 2 years after the date of enactment of the
> Hydrographic Services Improvement Act Amendments of 2002, shall,
> subject to the availability of appropriations, develop and implement a
> quality assurance program that is equally available to all applicants,
> under which the Administrator may certify hydrographic products that
> satisfy the standards promulgated by the Administrator under section
> 303(a)(3) of this Act;**
>
> **\`(B) may authorize the use of the emblem or any trademark of the
> Administration on a hydrographic product certified under subparagraph
> (A); and**
>
> **\`(C) may charge a fee for such certification and use.**

~~(1) In general.\--The Administrator may\--~~

~~(A) develop and implement a quality assurance program that is equally
available to all applicants, under which the Administrator may certify
hydrographic products that satisfy the standards promulgated by the
Administrator under section 303(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 303(a)(3),
including the cost of administering such a program.

\(c\) Limitation on Liability.\--The Government of the United States

shall not be liable for any negligence by a person that produces

hydrographic products certified under this section.

\(d\) Hydrographic Services Account.\--

\(1\) Establishment.\--There is established in the Treasury a separate
account, which shall be known as the \`\`Hydrographic Services
Account\'\'.

\(2\) Content.\--The account shall consist of\--

\(A\) amounts received by the United States as fees charged under
subsection (b)(1)(C); and

\(B\) such other amounts as may be provided by law.

\(3\) 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. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.

> **\`(a) ESTABLISHMENT- No later than 1 year after the date of
> enactment of the Hydrographic Services Improvement Act Amendments of
> 2002, the Secretary shall establish the Hydrographic Services Review
> Panel.**
>
> **\`(b) DUTIES-**
>
> **\`(1) IN GENERAL- The panel shall advise the Administrator on
> matters related to the responsibilities and authorities set forth in
> section 303 of this Act and such other appropriate matters as the
> Administrator refers to the panel for review and advice.**
>
> **\`(2) ADMINISTRATIVE RESOURCES- The Administrator shall make
> available to the panel such information, personnel, and administrative
> services and assistance as it may reasonably require to carry out its
> duties.**
>
> **\`(c) MEMBERSHIP-**
>
> **\`(1) IN GENERAL-**
>
> **\`(A) The panel shall consist of 15 voting members who shall be
> appointed by the Administrator. The Director of the Joint Hydrographic
> Institute and no more than 2 employees of the National Oceanic and
> Atmospheric Administration appointed by the Administrator shall serve
> as nonvoting members of the panel. The voting members of the panel
> shall be individuals who, by reason of knowledge, experience, or
> training, are especially qualified in one or more of the disciplines
> and fields relating to hydrographic surveying, tide, current geodetic
> and geospatial measurement, marine transportation, port
> administration, vessel pilotage, and coastal and fishery management.**
>
> **\`(B) An individual may not be appointed as a voting member of the
> panel if the individual is a full-time officer or employee of the
> United States.**
>
> **\`(C) Any voting member of the panel who is an applicant for, or
> beneficiary (as determined by the Secretary) of, any assistance under
> this Act shall disclose to the panel that relationship, and may not
> vote on any matter pertaining to that assistance.**
>
> **\`(2) TERMS-**
>
> **\`(A) The term of office of a voting member of the panel shall be 4
> years, except that of the original appointees, five shall be appointed
> for a term of 2 years, five shall be appointed for a term of 3 years,
> and five shall be appointed for a term of 4 years, as specified by the
> Administrator at the time of appointment.**
>
> **\`(B) Any individual appointed to a partial or full term may be
> reappointed for one additional full term. A voting member may serve
> after the date of the expiration of the term of office for which
> appointed until his or her successor has taken office.**
>
> **\`(3) NOMINATIONS- At least once each year, the Secretary shall
> publish a notice in the Federal Register soliciting nominations for
> membership on the panel.**
>
> **\`(4) CHAIRMAN AND VICE CHAIRMAN-**
>
> **\`(A) The panel shall select one voting member to serve as the
> Chairman and another voting member to serve as the Vice Chairman.**
>
> **\`(B) The Vice Chairman shall act as Chairman in the absence or
> incapacity of the Chairman.**
>
> **\`(d) COMPENSATION- Voting members of the panel shall\--**
>
> **\`(1) receive compensation at a rate established by the Secretary,
> not to exceed the maximum daily rate payable under section 5376 of
> title 5, United States Code, when actually engaged in the performance
> of duties for such panel; and**
>
> **\`(2) be reimbursed for actual and reasonable expenses incurred in
> the performance of such duties.**
>
> **\`(e) MEETINGS- The panel shall meet on a biannual basis and, at any
> other time, at the call of the Chairman or upon the request of a
> majority of the voting members or of the Secretary.**
>
> **\`(f) POWERS- The panel may exercise such powers as are reasonably
> necessary in order to carry out its duties under subsection (b).\'.**

~~SEC. 305. REPORTS.~~

~~(a) Ports.\--Not later than 6 months after the date of the enactment
of this Act, the Administrator and the Commandant of the Coast Guard
shall report to the Congress on\--~~

~~(1) the status of implementation of real-time tide and current data
systems in United States ports;~~

~~(2) existing safety and efficiency needs in United States ports that
could be met by increased use of those systems; and~~

~~(3) a plan for expanding those systems to meet those needs, including
an estimate of the cost of implementing those systems in priority
locations.~~

~~(b) Maintaining Federal Expertise in Hydrographic Services.\--~~

~~(1) \<\<NOTE: Deadline.\>\> In general.\--Not later than 6 months
after the date of the 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 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. 306. AUTHORIZATION OF APPROPRIATIONS.

> **\`There are authorized to be appropriated to the Administrator the
> following:**
>
> **\`(1) To carry out nautical mapping and charting functions under
> sections 303 and 304 of this Act, except for conducting hydrographic
> surveys\--**
>
> **\`(A) \$50,000,000 for fiscal year 2003;**
>
> **\`(B) \$55,000,000 for fiscal year 2004;**
>
> **\`(C) \$60,000,000 for fiscal year 2005;**
>
> **\`(D) \$65,000,000 for fiscal year 2006; and**
>
> **\`(E) \$70,000,000 for fiscal year 2007.**
>
> **\`(2) To contract for hydrographic surveys under section 303(b)(1),
> including the leasing or time chartering of vessels\--**
>
> **\`(A) \$40,000,000 for fiscal year 2003;**
>
> **\`(B) \$42,500,000 for fiscal year 2004;**
>
> **\`(C) \$45,000,000 for fiscal year 2005;**
>
> **\`(D) \$47,500,000 for fiscal year 2006; and**
>
> **\`(E) \$50,000,000 for fiscal year 2007.**
>
> **\`(3) To operate hydrographic survey vessels owned by the United
> States and operated by the Administration\--**
>
> **\`(A) \$14,000,000 for fiscal year 2003;**
>
> **\`(B) \$18,000,000 for fiscal year 2004; and**
>
> **\`(C) \$21,000,000 for fiscal years 2005 through 2007.**
>
> **\`(4) To carry out geodetic functions under this title\--**
>
> **\`(A) \$27,500,000 for fiscal year 2003;**
>
> **\`(B) \$30,000,000 for fiscal year 2004;**
>
> **\`(C) \$32,500,000 for fiscal year 2005;**
>
> **\`(D) \$35,000,000 for fiscal year 2006; and**
>
> **\`(E) \$35,500,000 for fiscal year 2007.**
>
> **\`(5) To carry out tide and current measurement functions under this
> title\--**
>
> **\`(A) \$25,000,000 for fiscal year 2003;**
>
> **\`(B) \$27,500,000 for fiscal year 2004;**
>
> **\`(C) \$30,000,000 for fiscal year 2005;**
>
> **\`(D) \$32,500,000 for fiscal year 2006; and**
>
> **\`(E) \$35,000,000 for fiscal year 2007.**
>
> **\`(6) To carry out activities authorized under this title that
> enhance homeland security, including electronic navigation charts,
> hydrographic surveys, real time tide and current measurements, and
> geodetic functions, in addition to other amounts authorized by this
> section, \$20,000,000.\'.**

~~SEC. 306. AUTHORIZATION OF APPROPRIATIONS. \<\<NOTE: 33 USC 892.\>\>~~

~~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 303 and 304, except for conducting hydrographic
surveys, \$33,000,000 for fiscal year 1999, \$34,000,000 for fiscal year
2000, and \$35,000,000 for fiscal year 2001.~~

~~(2) To conduct hydrographic surveys under section 303(a)(1), including
the leasing of ships, \$33,000,000 for fiscal year 1999, \$35,000,000
for fiscal year 2000, and \$37,000,000 for fiscal year 2001. Of these
amounts, no more than \$16,000,000 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,
\$25,000,000 for fiscal year 1999, \$30,000,000 for fiscal year 2000,
and \$30,000,000 for fiscal year 2001.~~

~~(4) To carry out tide and current measurement functions under the Act
of 1947, \$22,500,000 for each of fiscal years 1999 through 2001. Of
these amounts \$4,500,000 is authorized for each fiscal year to
implement and operate a national quality control system for real-time
tide and current and maintain the national tide network, and \$7,000,000
is authorized for each fiscal year to design and install real-time tide
and current data measurement systems under section 303(b)(4).~~