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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1604 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1604

 To establish the National Geospatial Technology Administration within 
 the United States Geological Survey to enhance the use of geospatial 
 data, products, technology, and services, to increase the economy and 
  efficiency of Federal geospatial activities, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2013

 Mr. Lamborn introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
 Oversight and Government Reform, Science, Space, and Technology, and 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To establish the National Geospatial Technology Administration within 
 the United States Geological Survey to enhance the use of geospatial 
 data, products, technology, and services, to increase the economy and 
  efficiency of Federal geospatial activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Map It Once, Use 
It Many Times Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Rights and actions.
         TITLE I--NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATION

Sec. 101. Definitions.
Sec. 102. National Geospatial Technology Administration.
Sec. 103. Establishment and maintenance of National Geospatial 
                            Database.
Sec. 104. Reorganization of geospatial and land management activities.
Sec. 105. Promulgation of standards for Federal geospatial data.
Sec. 106. Protection of geospatial data.
Sec. 107. Assumption of geospatial functions of other Federal agencies.
Sec. 108. Acquisition of geospatial data from public sources.
Sec. 109. Acquisition of geospatial data from commercial sources.
            TITLE II--NATIONAL GEOSPATIAL POLICY COMMISSION

Sec. 201. Establishment; primary duties.
Sec. 202. Requirements for National Geospatial Data plan.
Sec. 203. Membership.
Sec. 204. Terminations.
   TITLE III--CONTRACTOR PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIES

Sec. 301. Policy.
Sec. 302. Definitions.
Sec. 303. Conversion to contractor performance.
Sec. 304. Requirement for performance in United States.
                TITLE IV--ENCOURAGING PRIVATE ENTERPRISE

Sec. 401. Findings; purposes.
Sec. 402. Strategy for encouraging Federal use of private geospatial 
                            firms.
              TITLE V--GEOSPATIAL RESEARCH AND DEVELOPMENT

Sec. 501. Purposes.
Sec. 502. Definitions.
Sec. 503. Geospatial research plan.
Sec. 504. Policy directives for research and development.
Sec. 505. Annual report.
Sec. 506. National defense and security exemption.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Geospatial data is necessary and essential to--
                    (A) the management of natural resources;
                    (B) economic development;
                    (C) the management, adjudication, and prevention of 
                future disruptions in the home mortgage system;
                    (D) the development and implementation of a smart 
                energy grid;
                    (E) the deployment of universal domestic broadband 
                service;
                    (F) the management of Federal real property assets;
                    (G) emergency preparedness and response;
                    (H) homeland security;
                    (I) the delivery of efficient health care and other 
                services provided, financed, or regulated by the 
                Federal Government; and
                    (J) the maintenance, rehabilitation, and 
                enhancement of public works, transportation, and other 
                infrastructure of the United States.
            (2) The geospatial technology field is a high growth, high 
        demand, and economically vital sector of the economy of the 
        United States.
            (3) The United States is the leader in the global 
        geospatial technology field. The thousands of geospatial firms 
        in the United States, which include many small businesses, are 
        among the most capable and qualified geospatial firms in the 
        international market.
            (4) Geospatial technologies can enhance the operations of 
        Government in planning and analysis, asset management, 
        situation awareness, workforce empowerment, citizen engagement, 
        transparency, education, and other services.
            (5) The full use and exploitation of geospatial 
        technologies can foster economic growth, contribute to 
        environmental stewardship, and enable scientific and 
        technological excellence.
            (6) Studies have indicated that Federal agencies are not 
        effectively using geospatial technologies and can improve the 
        management of information resources and other applications.
            (7) Efforts to reduce redundancies in geospatial 
        investments have not been fully successful. Federal agencies 
        are still independently acquiring and maintaining potentially 
        duplicative and costly data sets and systems and until these 
        problems are resolved, duplicative geospatial investments are 
        likely to persist.

SEC. 3. PURPOSES.

    The purposes of this Act shall be to--
            (1) ensure that a centralized and comprehensive database of 
        geospatial data for the United States is available for use by 
        the Federal Government to--
                    (A) improve the quality of services provided by the 
                Federal Government; and
                    (B) reduce the costs to the Federal Government of 
                providing such services;
            (2) coordinate Federal agencies, State and local 
        governments, and private entities to--
                    (A) maximize the use of private geospatial firms 
                for the performance of Federal geospatial activities; 
                and
                    (B) eliminate redundancy in the Federal performance 
                of geospatial activities;
            (3) foster the establishment and growth of private 
        geospatial firms in the United States; and
            (4) facilitate the development of new geospatial technology 
        in the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the National Geospatial Technology Administration.
            (2) The term ``geospatial activity'' means--
                    (A) the collection of geospatial data, including 
                collection from terrestrial, ground-based, airborne, or 
                spaceborne platforms;
                    (B) the organization of geospatial data, including 
                organization in a survey (including a GPS or field 
                survey), map, chart, plan, report, or description;
                    (C) the storage, dissemination, and retrieval of 
                geospatial data;
                    (D) the interpretation and use of geospatial data;
                    (E) the development of products or technology to 
                facilitate the activities described in subparagraphs 
                (A) through (D); and
                    (F) activities (other than exclusively business-
                related activities) for the enhancement of geospatial 
                data and its use.
            (3) The term ``geospatial data'' means data--
                    (A) relating to natural and human-made physical 
                features and phenomena on or below the surface of the 
                Earth or in the space above the Earth, which may 
                include data on the size, shape, and location of such 
                features, and data on the legal boundaries relating to 
                such features; and
                    (B) developed by professionals, including 
                surveyors, photogrammetrists, hydrographers, 
                geodesists, and cartographers.
            (4) The term ``licensed geospatial data'' means--
                    (A) commercial off-the-shelf (COTS) data produced 
                by a commercial provider that exists prior to any 
                purchase or procurement by the Government and is made 
                available to the market via an agreement of license 
                with specific terms including rights and restrictions;
                    (B) the cost of such data is available from the 
                provider's published price list;
                    (C) delivery of such data is provided at the point 
                of sale;
                    (D) the specifications for such data are prescribed 
                by the provider and not subject to change at the 
                Government's request; and
                    (E) a transaction in which the Government does not 
                become involved with defining any portion of the 
                geospatial data product specifications, requirements, 
                uses, or design, which shall be considered a 
                professional service subject to section 303 of this 
                Act.
            (5) The term ``private geospatial firm'' means a private 
        individual, firm, partnership, corporation, association, or 
        other legal entity organized and permitted by law to engage in 
        geospatial activities, that engages in such activities--
                    (A) as a regular course of trade or business; and
                    (B) with the principal objective of livelihood and 
                profit.
            (6) The term ``real property'' means land and--
                    (A) crops, forests, and other resources attached to 
                or contained in the land;
                    (B) buildings or other structures on the land; and
                    (C) improvements to the land, including fixtures 
                permanently attached to the land or to structures on 
                the land.
            (7) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 5. RIGHTS AND ACTIONS.

    Nothing in this Act shall be construed to confer a private right of 
action on any person nor shall affect any valid existing private 
property rights.

         TITLE I--NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATION

SEC. 101. DEFINITIONS.

    In this title:
            (1) The term ``cadastral information'' means information on 
        real property that includes information on--
                    (A) the location, boundaries, and size of the 
                property; and
                    (B) the use, value, ownership (including any 
                interest, benefit, right, or privilege in the 
                property), and assets of the property.
            (2) The term ``cadastral parcel'' means a single area of 
        land or, more particularly, a volume of space, under 
        homogeneous real property rights, unique ownership, 
        subdivision, or description, and address.
            (3) The term ``geodetic control information'' means 
        information on the coordinate positions of geographic data 
        established using a common reference system.
            (4) The term ``orthoimagery'' means georeferenced image 
        maps prepared from an aerial photograph or remotely sensed data 
        from which displacements of images caused by sensor orientation 
        and terrain relief have been removed.
            (5) The term ``elevation and bathymetry'' means high-
        quality topographic data and other three-dimensional 
        representations of the Nation's natural and constructed 
        features, including the depths of bodies of water.

SEC. 102. NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATION.

    (a) Establishment.--To carry out the purposes of this Act, there is 
established within the Department of the Interior the National 
Geospatial Technology Administration.
    (b) Administrator.--
            (1) In general.--The National Geospatial Technology 
        Administration shall be headed by an Administrator, who shall 
        report directly to the Secretary of the Interior.
            (2) Appointment.--The Administrator shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.

SEC. 103. ESTABLISHMENT AND MAINTENANCE OF NATIONAL GEOSPATIAL 
              DATABASE.

    (a) Establishment.--The Administrator shall establish and maintain 
a comprehensive database of geospatial data for all lands owned or 
managed by the United States (including public lands), all Indian trust 
parcels, and, to the extent possible, all non-Federal lands in each 
State. The database shall be known as the ``National Geospatial 
Database''.
    (b) Contents of Database.--The National Geospatial Database shall 
include, for all lands described in subsection (a), the following 
geospatial data (as applicable):
            (1) Cadastral information, organized on large scale maps--
                    (A) using a geodetic network as a reference frame;
                    (B) with a cadastral boundary overlay delineating 
                all cadastral parcels; and
                    (C) with a system for indexing and identifying each 
                cadastral parcel.
            (2) Geodetic control information.
            (3) Orthoimagery.
            (4) Elevation and bathymetry.
            (5) Information on transportation networks.
            (6) Hydrography.
            (7) Information on underground infrastructure, including 
        the location, type, size, composition, and use of underground 
        structures including tunnels and pipelines, including through 
        reference to--
                    (A) aerial photogrammetric maps;
                    (B) GPS and field surveys;
                    (C) as-built drawings;
                    (D) service connection cards; and
                    (E) historical maps and documents.
            (8) Information on the geographic areas of governmental and 
        administrative units.
            (9) In the case of Federal property, any recommendation the 
        Administrator has made about the property under section 104(b).
            (10) Other geospatial data determined by the Administrator, 
        in consultation with the National Geospatial Policy Commission, 
        to be useful in carrying out national priorities including--
                    (A) economic development;
                    (B) the management, adjudication, and prevention of 
                future disruptions in the home mortgage system;
                    (C) the development and implementation of a smart 
                energy grid;
                    (D) the deployment of universal domestic broadband 
                service;
                    (E) the management of Federal real property assets;
                    (F) emergency preparedness and response;
                    (G) homeland security;
                    (H) the delivery of efficient health care and other 
                services provided, financed, or regulated by the 
                Federal Government; and
                    (I) the maintenance, rehabilitation, and 
                enhancement of the public works, transportation, and 
                other infrastructure of the United States.
    (c) Return on Investment.--The Administrator, in consultation with 
the National Geospatial Policy Commission, shall provide a return on 
investment analysis and economic benefit assessment of the National 
Geospatial Database.
    (d) Public Availability.--
            (1) In general.--Except as provided by paragraph (2), the 
        National Geospatial Database shall be available to the public.
            (2) Exception for national security.--The Administrator 
        shall withhold from public disclosure any information the 
        disclosure of which reasonably could be expected to cause 
        damage to the national security of the United States.
    (e) Funding Strategy.--The Administrator shall develop and 
implement a strategy to fund the establishment and maintenance of the 
National Geospatial Database through means that may include--
            (1) the use of appropriated funds;
            (2) the establishment of user fees for the National 
        Geospatial Database;
            (3) the establishment of a revolving fund with respect to 
        the user fees;
            (4) interagency and intergovernmental partnerships; and
            (5) public-private partnerships.

SEC. 104. REORGANIZATION OF GEOSPATIAL AND LAND MANAGEMENT ACTIVITIES.

    (a) Implementation of National Geospatial Data Plan.--The 
Administrator shall carry out the recommendations of the National 
Geospatial Data Plan developed by the National Geospatial Policy 
Commission under section 202(c).
    (b) Data With Respect to Management of Federal Property.--The 
Administrator shall provide data to heads of other Federal agencies for 
the determination as to whether any property owned or managed by the 
United States may be better managed through ownership by a non-Federal 
entity, including a State or local government, a tribal government, a 
nonprofit organization, or a private entity.

SEC. 105. PROMULGATION OF STANDARDS FOR FEDERAL GEOSPATIAL DATA.

    (a) Promulgation.--The Administrator, in consultation with the 
Administrator of the Office of Electronic Government, shall promulgate 
standards to ensure the interoperability of geospatial data collected 
by or with the support of the Federal Government. Such standards shall 
be consistent with--
            (1) standards applicable to geospatial data in the Federal 
        Real Property Profile established under section 4(c) of 
        Executive Order No. 13327 of February 4, 2004; and
            (2) protocols for the collection of geospatial data 
        developed under section 216 of the E-Government Act of 2002 
        (Public Law 107-347; 44 U.S.C. 3501 note).
    (b) Conformance With Standards.--
            (1) Requirement for federal conformance.--The head of each 
        agency of the Federal Government shall coordinate with the 
        Administrator to ensure that all geospatial data collected by 
        or with the support of the agency conforms with the standards 
        promulgated under subsection (a), including geospatial data 
        collected under the following authorities:
                    (A) Office of Management and Budget Circular A-16.
                    (B) Executive Order No. 12906 of April 11, 1994.
                    (C) The Real Estate Settlement Procedures Act of 
                1974 (12 U.S.C. 2601 et seq.).
                    (D) The Home Mortgage Disclosure Act of 1975 (12 
                U.S.C. 2801 et seq.).
            (2) Encouragement of non-federal conformance.--The 
        Administrator shall encourage conformance of all other 
        geospatial data collected for lands in the United States with 
        the standards promulgated under paragraph (1).

SEC. 106. PROTECTION OF GEOSPATIAL DATA.

    The Administrator shall promulgate regulations and carry out 
activities to prevent any inmate in a Federal Prison Industries program 
under chapter 307 of title 18, United States Code, or a work program 
operated by a prison or jail of a State or subdivision thereof from 
having access to any geospatial data regarding the location of--
            (1) surface and subsurface infrastructure providing 
        communications or water or electrical power distribution or 
        transmission;
            (2) pipelines for the distribution or transmission of 
        natural gas, bulk petroleum products, or other commodities;
            (3) other utilities; or
            (4) any personal or financial information about any 
        individual private citizen, including information relating to 
        such person's real property however described.

SEC. 107. ASSUMPTION OF GEOSPATIAL FUNCTIONS OF OTHER FEDERAL AGENCIES.

    (a) Functions of Department of the Interior.--All geospatial 
functions vested by law in the Department of the Interior are hereby 
transferred to the Administrator, including the following:
            (1) The responsibilities for the survey of public lands and 
        related functions vested by chapter 1 of title 32 of the 
        Revised Statutes of the United States (43 U.S.C. 52-59).
            (2) All geospatial functions of the Geography Division of 
        the United States Geological Survey, including functions vested 
        by the Act of June 4, 1897 (43 U.S.C. 31).
            (3) The responsibilities, vested by the revised Office of 
        Management and Budget Circular A-16, dated August, 19, 2006, 
        for stewardship by the Bureau of Land Management of cadastral 
        and Federal land ownership spatial data themes.
    (b) Functions of Department of Agriculture.--All geospatial 
functions vested by law in the Department of Agriculture with respect 
to the National Forest System are hereby transferred to the 
Administrator, including the authority to survey and map lands in and 
around the National Forest System lands vested by authorities, 
including the following:
            (1) Public Law 85-569 (7 U.S.C. 1012a).
            (2) Public Law 97-465 (16 U.S.C. 521d et seq.).
    (c) Functions of National Oceanic and Atmospheric Administration.--
All geospatial functions vested by law in the National Oceanic and 
Atmospheric Administration are hereby transferred to the Administrator, 
including all functions of the National Geodetic Survey and other 
geospatial functions vested by authorities, including the following:
            (1) Section 4685 of the Revised Statutes of the United 
        States (33 U.S.C. 884).
            (2) 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.).
            (3) Reorganization Plan No. 4 of 1970 (84 Stat. 2090).
            (4) Section 6082 of the Consolidated Omnibus Budget 
        Reconciliation Act of 1985 (33 U.S.C. 883j).
            (5) The Hydrographic Services Improvement Act of 1998 (33 
        U.S.C. 892a et seq.).
            (6) Section 206 of the Department of Commerce and Related 
        Agencies Appropriations Act, 2003 (33 U.S.C. 883l).
            (7) The Ocean and Coastal Mapping Integration Act (33 
        U.S.C. 3501).
    (d) Effective Date.--This section shall be effective on the date 
that is 270 days after the date of the enactment of this Act.

SEC. 108. ACQUISITION OF GEOSPATIAL DATA FROM PUBLIC SOURCES.

    (a) Federal Agencies.--At the request of the Administrator, the 
head of each Federal agency shall make available to the Administrator 
for inclusion in the National Geospatial Database geospatial data 
collected by the agency subject to privacy protections, including--
            (1) all geospatial data collected under the Real Estate 
        Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.);
            (2) all geospatial data collected under the Home Mortgage 
        Disclosure Act of 1975 (12 U.S.C. 2801 et seq.); and
            (3) notwithstanding sections 9 and 214 of title 13, United 
        States Code, and to the extent consistent with individual 
        privacy protections, all data on building addresses and 
        geographical coordinates collected by the Director of the 
        Bureau of the Census.
    (b) Non-Federal Entities.--
            (1) Cost-sharing agreements.--The Administrator may enter 
        into cost-sharing agreements with, and provide other financial 
        incentives to, State and local governments and private entities 
        and individuals to collect and share with the Administrator 
        geospatial data for inclusion in the National Geospatial 
        Database.
            (2) Limitations on amount.--The Federal share of any cost-
        sharing agreement under paragraph (1) shall not exceed 50 
        percent of the total cost to the State of collecting and 
        sharing the data.

SEC. 109. ACQUISITION OF GEOSPATIAL DATA FROM COMMERCIAL SOURCES.

    (a) Commercial Sources.--The Administrator shall, to the maximum 
extent practicable, enter into contracts to obtain geospatial data and 
geospatial activities from commercial sources.
    (b) Licensed Data.--
            (1) In general.--In carrying out this Act, the 
        Administrator may acquire licensed geospatial data from 
        commercial sources.
            (2) Considerations.--In determining whether to acquire 
        licensed geospatial data from commercial sources, the 
        Administrator shall take into account--
                    (A) existing law;
                    (B) the quality of the data relative to the 
                intended use;
                    (C) the preferences of the intended (as opposed to 
                incidental) beneficiaries of the data; and
                    (D) any restrictions on redistribution of the 
                licensed data, and their effect on--
                            (i) the ability of each agency using the 
                        data to carry out a mandate of the agency; and
                            (ii) the benefit of the geospatial data to 
                        its intended users.

            TITLE II--NATIONAL GEOSPATIAL POLICY COMMISSION

SEC. 201. ESTABLISHMENT; PRIMARY DUTIES.

    There is hereby established a commission, to be known as the 
``National Geospatial Policy Commission'' (referred to hereinafter as 
the ``Commission''). The Commission shall--
            (1) develop and periodically amend a comprehensive plan, to 
        be known as the ``National Geospatial Data Plan'';
            (2) coordinate Federal agencies, State and local 
        governments, and private entities to eliminate redundancy in 
        the performance of geospatial activities;
            (3) convert geospatial activities to performance by private 
        geospatial firms when possible; and
            (4) reduce the costs to the Federal Government of 
        geospatial activities not eliminated or converted to 
        performance by private geospatial firms.

SEC. 202. REQUIREMENTS FOR NATIONAL GEOSPATIAL DATA PLAN.

    (a) Identification of All Geospatial Activities Performed by or for 
the Federal Government.--The Commission shall identify in the National 
Geospatial Data Plan each geospatial activity performed by or for the 
Federal Government, and--
            (1) the nature and purpose of the activity;
            (2) the authority under which the activity is performed; 
        and
            (3) the amount expended by the Federal Government in fiscal 
        year 2009 for the activity.
    (b) Identification of Redundant, Inefficient, and Unnecessary 
Geospatial Activities.--The Commission shall identify in the National 
Geospatial Data Plan each geospatial activity under subsection (a)--
            (1) the performance of which is unnecessary; and
            (2) that may be converted to performance by a private 
        geospatial firm.
    (c) Identification of Best Means of Acquiring Geospatial Data.--The 
Commission shall develop and include in the National Geospatial Data 
Plan recommendations (including, as applicable, recommendations for 
changes in existing law) for--
            (1) elimination of geospatial activities identified under 
        subsection (b)(1);
            (2) conversion of geospatial activities identified under 
        subsection (b)(2) to performance by a private geospatial firm;
            (3) conversion of performance of geospatial activities 
        identified under subsection (b)(3)(A) to performance by a State 
        or local government; and
            (4) consolidation of geospatial activities identified under 
        subsection (b)(3)(B).
    (d) Estimate of Cost Savings From Adopting Recommendations.--The 
Commission shall include in the National Geospatial Data Plan an 
estimate of the savings to the United States that would result from 
adopting the recommendations in subsection (c).
    (e) Deadline for Development of National Geospatial Data Plan.--Not 
later than 1 year after funds are made available for this purpose, the 
Commission shall complete the National Geospatial Data Plan in 
accordance with this section.

SEC. 203. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 
the following members:
            (1) The Administrator of the National Geospatial Technology 
        Administration or designee.
            (2) The Director of the Office of Management and Budget or 
        designee.
            (3) The Director of the Office of Science and Technology 
        Policy or designee.
            (4) The Director of the National Economic Council or 
        designee.
            (5) The Director of the National Geospatial Intelligence 
        Agency or designee.
            (6) The Chairman of the Committee on Homeland Security and 
        Governmental Affairs of the Senate or designee.
            (7) The Chairman of the Committee on Oversight and 
        Government Reform of the House of Representatives or designee.
            (8) Eleven citizens with experience in geospatial 
        activities appointed by the President, including--
                    (A) two employed in State government;
                    (B) two employed in regional or local government;
                    (C) one employed in tribal government;
                    (D) one employed by a nonprofit organization;
                    (E) one employed by a university; and
                    (F) four employed by a private geospatial firm, at 
                least one of whom shall be a licensed surveyor.
    (b) Terms.--
            (1) Federal officials.--Each member appointed under 
        subparagraphs (1) through (7) of subsection (a) shall be 
        appointed for the life of the Commission.
            (2) Members appointed by the president.--Each member 
        appointed under subsection (a)(8) shall be appointed for a term 
        of six years.
    (c) Vacancies.--Any member appointed to fill a vacancy occurring 
before the expiration of the term for which the member's predecessor 
was appointed shall be appointed only for the remainder of that term.
    (d) Pay and Expenses.--Each member appointed under subsection 
(a)(8) shall be entitled to $100 a day when performing duties vested in 
the Commission and reimbursement for necessary expenses incurred in 
performing those duties.
    (e) Chair and Officers.--The President shall designate the Chair of 
the Commission from among the non-Federal members. The Commission may 
elect from among its members other officers as it considers desirable.
    (f) Personnel.--The Commission may employ a Director, an executive 
officer, and other technical and administrative personnel as it 
considers necessary. Without regard to section 3709 of the Revised 
Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and 
subchapter III of chapter 53, of title 5, the Commission may employ, by 
contract or otherwise, the temporary or intermittent (not more than one 
year) services of city planners, architects, engineers, appraisers, and 
other experts or organizations of experts, as may be necessary to carry 
out its functions. The Commission shall fix the rate of compensation so 
as not to exceed the rate usual for similar services.
    (g) Exemption.--The provisions of the Federal Advisory Committee 
Act (5 U.S.C. Appendix 2) shall not apply to the Commission.

SEC. 204. TERMINATIONS.

    (a) Upon the establishment of the Commission, the Federal 
Geographic Data Committee shall be terminated and all functions, 
duties, authorities, and responsibilities outlined in Office of 
Management Budget Circular A-16 shall be vested in the Commission and 
the Administrator.
    (b) Upon the establishment of the National Geospatial Data Plan, 
Executive Orders 12906 and 13286 shall be repealed and all functions, 
duties, authorities, and responsibilities therein shall be vested in 
the Commission and the Administrator.
    (c) Upon the establishment of the Commission, the National 
Geospatial Advisory Committee shall be terminated.

   TITLE III--CONTRACTOR PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIES

SEC. 301. POLICY.

    It is the policy of the United States, consistent with the United 
States Commercial Remote Sensing Policy, to--
            (1) rely to the maximum practical extent on the private 
        sector in the United States for the acquisition of commercially 
        available geospatial data and geospatial activities; and
            (2) develop a long-term, sustainable relationship with the 
        private geospatial community.

SEC. 302. DEFINITIONS.

    In this title, the term ``agency head'' means the Secretary, the 
Administrator, or head of a department, agency, or bureau of the 
Federal Government.

SEC. 303. CONVERSION TO CONTRACTOR PERFORMANCE.

    (a) Conversion of Activities Identified by Commission.--Each agency 
head shall convert, to the maximum extent possible, to performance by 
private geospatial firms, all activities identified by the National 
Geospatial Policy Commission for conversion under section 202(b)(2) 
that are performed by or for the agency.
    (b) Solicitation of Offers for Contractor Performance of Eligible 
Activities.--
            (1) Notice.--Each agency head shall issue a notice 
        soliciting offers for the performance of each activity 
        described in subsection (a). The notice shall include a 
        description of qualifications and experience determined by the 
        agency head to be necessary for performance of the activity, 
        and such other criteria as the agency head determines to be 
        appropriate.
            (2) Submission of offers.--To be considered for performance 
        of an activity, a private geospatial firm shall submit to the 
        agency head an offer that addresses the criteria described in 
        paragraph (1), including a statement of qualifications and 
        performance data.
            (3) Selection.--
                    (A) First stage.--Of the private geospatial firms 
                that submit offers under paragraph (2), the agency head 
                shall select the three (or more) private geospatial 
                firms determined by the agency head to be most 
                qualified for performance of the activity, based on the 
                private geospatial firms' offers and such other 
                information related to the qualifications and 
                experience of the private geospatial firms as the 
                agency head determines to be appropriate.
                    (B) Second stage.--The agency head shall discuss 
                with each private geospatial firm selected under 
                subparagraph (A) different technologies and 
                professional approaches to furnishing the required 
                services. Based on the discussion, the agency head 
                shall rank each such private geospatial firm in order 
                of most to least qualified.
                    (C) Third stage.--The agency head shall negotiate 
                with each private geospatial firm determined to be the 
                most qualified to perform the activity required by the 
                agency, for a contract for performance of the activity.
                    (D) Final selection.--The agency head shall enter 
                into a contract with each private geospatial firm that, 
                in negotiations under subparagraph (C), agrees to a 
                price determined by the agency head to be fair and 
                reasonable, based on the value of the services to be 
                rendered and the scope, complexity, and specialized 
                nature of the activity.
                    (E) Selection of additional firms.--If the agency 
                head cannot enter into a contract with a private 
                geospatial firm under subparagraph (D), the agency head 
                shall determine the next most qualified private 
                geospatial firms for performance of the activity in 
                accordance with subparagraph (A) and enter into 
                discussions and negotiations with such private 
                geospatial firms under subparagraphs (B) and (C), 
                respectively.
            (4) Exception.--The process set forth in this section shall 
        not apply to licensed geospatial data.

SEC. 304. REQUIREMENT FOR PERFORMANCE IN UNITED STATES.

    (a) Federal Contracts.--All Federal contracts for performance of a 
geospatial activity shall include--
            (1) a condition that the geospatial activity be performed 
        in the United States; and
            (2) a written certification that the funds will not be used 
        for geospatial activities performed outside the United States.
    (b) Exceptions.--The requirements of this section shall not apply 
with respect to a geospatial activity--
            (1) that was converted to performance by a private 
        geospatial firm under section 303 and was previously performed 
        outside the United States by the Federal Government;
            (2) required by law (including a treaty or trade agreement) 
        to be performed outside the United States;
            (3) required by geographical necessity to be performed 
        outside the United States;
            (4) determined by the Administrator after a competitive 
        procurement process under section 303(b) to be unavailable in 
        the United States;
            (5) for which the President has issued a determination in 
        writing that performance outside of the United States is 
        necessary for national security; or
            (6) for the acquisition of commercial off-the-shelf 
        licensed geospatial data products.

                TITLE IV--ENCOURAGING PRIVATE ENTERPRISE

SEC. 401. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that the competitive enterprise 
system, characterized by individual freedom and initiative, is the 
primary source of the economic strength of the United States, and the 
Federal Government should not perform geospatial functions better 
suited for performance by the private sector.
    (b) Purposes.--The purpose of this title is to promote the 
establishment and growth of private geospatial firms in the United 
States by--
            (1) encouraging the use by the Federal Government of 
        geospatial data, products, technology, and services to 
        accomplish national priorities;
            (2) encouraging the acquisition of geospatial data, 
        products, technology, and services from private geospatial 
        firms;
            (3) encouraging the development, and ensuring the continued 
        employment, of a workforce that will meet future employment 
        demands in the geospatial field; and
            (4) fostering an environment in which all private 
        geospatial firms may compete effectively and grow to their full 
        potential.

SEC. 402. STRATEGY FOR ENCOURAGING FEDERAL USE OF PRIVATE GEOSPATIAL 
              FIRMS.

    (a) Development of Strategy.--Not later than one year after the 
date of the enactment of this Act, the Administrator shall cooperate 
with private geospatial firms, and any associations composed 
exclusively of such firms, to develop a comprehensive strategy to 
encourage and enhance the use of private geospatial firms by Federal 
agencies and other entities that receive Federal funds, including State 
and local governmental agencies, universities, nonprofit organizations, 
and foreign governments.
    (b) Information Gathering.--In developing the strategy described in 
subsection (a), the Administrator shall--
            (1) examine the current role of private geospatial firms, 
        including small businesses, in the economy of the United 
        States;
            (2) States expending Federal funds;
            (3) assess the contribution such firms may make in the 
        future to the growth of the economy of the United States;
            (4) evaluate the efforts of each Federal agency to use 
        private geospatial firms, including the procurement strategies, 
        policies, and methodologies of each Federal agency; and
            (5) assemble statistical information on the use of private 
        geospatial firms by Federal agencies.
    (c) Enhancement of Federal Agency Use of Private Geospatial 
Firms.--
            (1) The Administrator shall develop and communicate to each 
        Federal agency recommendations to encourage and enhance the use 
        by the Federal agency of private geospatial firms.
            (2) The Administrator shall establish training programs and 
        facilitate knowledge sharing among Federal agencies on the use 
        of geospatial data, products, technology, and services and the 
        process for procurement of such activities from the private 
        sector.
            (3) The Administrator shall cooperate with public and 
        private agencies, businesses, and other organizations to 
        disseminate information about the use and application of 
        geospatial data, products, technology, and services, the 
        capabilities of private geospatial firms, and the ways in which 
        private geospatial firms may benefit Federal agencies.
    (d) Advocacy and Assistance for Private Geospatial Firms Affected 
by Federal Policies and Activities.--
            (1) The Administrator shall receive, and, as appropriate, 
        address or otherwise act upon complaints, criticisms, and 
        suggestions from private geospatial firms regarding the 
        policies and activities of Federal agencies.
            (2) If the policies and activities of a Federal agency 
        affect or may affect private geospatial firms, the 
        Administrator shall represent the views and interests of the 
        private geospatial firms to the Federal agency.
            (3) The Administrator shall make counseling available to 
        private geospatial firms on how to resolve questions and 
        problems concerning the relationship of such firms to the 
        Federal Government.
    (e) Development of Standard Clauses, Contracts, and Form 
Licenses.--The Administrator shall, in consultation with trade 
associations and public interest groups, develop and promote standard 
clauses and contracts for use by the Federal Government in the 
acquisition of geospatial data and licenses for the acquisition of 
licensed geospatial data products.
    (f) Standards for Assessment of Progress.--To evaluate and increase 
the effectiveness of the strategy, the Administrator shall develop 
standards (including metrics, benchmarks, and measures of performance) 
by which to assess--
            (1) the state of geospatial activities in the United 
        States; and
            (2) progress in the development of private geospatial 
        enterprise in the United States.

              TITLE V--GEOSPATIAL RESEARCH AND DEVELOPMENT

SEC. 501. PURPOSES.

    The purposes of this title are to encourage innovation and 
entrepreneurship in the geospatial field by--
            (1) promoting the advancement of geospatial products and 
        technologies, and value-added services related to such products 
        and technologies; and
            (2) providing an avenue through which new and untested 
        geospatial products and services may be brought to the 
        marketplace.

SEC. 502. DEFINITIONS.

    In this title:
            (1) The term ``Geospatial Research Plan'' means the plan 
        developed under section 503(a).
            (2) The term ``research and development''--
                    (A) means--
                            (i) a systematic study directed 
                        specifically toward applying new knowledge to 
                        meet a recognized need;
                            (ii) a systematic application of knowledge 
                        toward the production of useful materials, 
                        devices, and systems or methods, including 
                        design, development, and improvement of 
                        prototypes and new processes to meet specific 
                        requirements; or
                            (iii) development of data, products, 
                        technology, or services not currently available 
                        in the marketplace and that cannot otherwise be 
                        procured commercially through ordinary business 
                        channels; and
                    (B) may include--
                            (i) research in the physical and natural 
                        sciences;
                            (ii) applied research;
                            (iii) technology development; and
                            (iv) social science research.

SEC. 503. GEOSPATIAL RESEARCH PLAN.

    (a) Development.--Not later than one year after the date of the 
enactment of this Act, the Administrator shall develop a plan, to be 
known as the ``Geospatial Research Plan'', to provide a coordinated and 
integrated approach to the investment of the United States in 
geospatial research and development activities in the 5-year period 
beginning on the date of the issuance of the Plan.
    (b) Requirements.--In the Geospatial Research Plan, the 
Administrator shall collaborate with a wide range of interested persons 
to identify and recommend investments in geospatial research and 
development activities that will--
            (1) facilitate the establishment the National Geospatial 
        Database;
            (2) facilitate the maintenance of a current and accurate 
        National Geospatial Database;
            (3) enhance the ability to store and archive geospatial 
        data;
            (4) increase public access to and dissemination of stored 
        and archived geospatial data;
            (5) improve sensor and other data collection technologies;
            (6) improve the ability to acquire, visualize, analyze, and 
        apply geospatial data;
            (7) improve the durability and extend the life of 
        geospatial infrastructure;
            (8) address geospatial requirements necessary to meet 
        national needs, Government programs, and emerging public policy 
        issues, including but not limited to--
                    (A) protecting and enhancing the environment;
                    (B) building and maintaining the physical 
                infrastructure of the United States;
                    (C) managing land and real property assets and 
                resources related thereto;
                    (D) providing for the national defense and homeland 
                security;
                    (E) managing housing and financial services 
                systems;
                    (F) producing and utilizing energy in a safe and 
                efficient manner;
                    (G) preparing for, responding to, and recovering 
                from natural and anthropogenic emergencies;
                    (H) conducting the census;
                    (I) administering the system of justice; and
                    (J) providing for new forms of communication; and
            (9) meet any other research and development needs of the 
        Federal Government and geospatial data producers and users.
    (c) Estimated Funding Levels and Benefit.--In the Geospatial 
Research Plan, the Administrator shall describe, for each activity 
identified under subsection (b)--
            (1) the anticipated annual funding levels for the activity 
        for the period described in subsection (a); and
            (2) the benefit the Administrator expects to gain from the 
        activity by the end of the period described in subsection (a).
    (d) Considerations.--The Administrator shall ensure that the 
Geospatial Research Plan--
            (1) includes and integrates the research and development 
        activities of the National Geospatial Technology 
        Administration;
            (2) defines the respective roles and responsibilities of 
        Federal, State, local, regional, tribal, private sector, 
        academic, and nonprofit institutions in geospatial research and 
        development activities; and
            (3) takes into account the activities of other Federal, 
        State, private sector, and nonprofit institutions, and avoids 
        unnecessary duplication with such activities.

SEC. 504. POLICY DIRECTIVES FOR RESEARCH AND DEVELOPMENT.

    (a) Development of Policy Directives.--Not later than 180 days 
after the date of the enactment of this Act, the Administrator shall 
develop policy directives for implementation by the Federal Government 
of geospatial research and development activities through innovative 
partnerships, cooperative research and development agreements, and 
other means.
    (b) Contents of Policy Directives.--The policy directives developed 
under subsection (a) shall provide for--
            (1) simplified, standardized, and timely solicitations;
            (2) a simplified, standardized funding process that 
        provides for--
                    (A) the timely receipt and review of proposals;
                    (B) outside peer review of proposals, if 
                appropriate;
                    (C) protection of proprietary information provided 
                in proposals;
                    (D) selection of awardees;
                    (E) retention of data rights generated in the 
                performance of the contract by a business concern;
                    (F) recognition of the right to intellectual 
                property rights by the private sector partner;
                    (G) cost sharing; and
                    (H) cost principles and payment schedules;
            (3) ensuring that research and development activities of 
        Government, universities, and nonprofit institutions do not 
        duplicate or compete with those of the private sector; and
            (4) the prompt commercialization of the results of 
        geospatial research and development activities.
    (c) Recommendations for Legislation.--The Administrator shall 
propose to Congress any recommendations for legislation to authorize 
innovative partnerships not authorized under existing law.

SEC. 505. ANNUAL REPORT.

    The Administrator shall submit to appropriate committees of 
Congress an annual report, in conjunction with the President's annual 
budget request as set forth in section 1105 of title 31, United States 
Code, describing the amount spent in the last completed fiscal year on 
geospatial research and development and the amount proposed in the 
current budget for geospatial research and development.

SEC. 506. NATIONAL DEFENSE AND SECURITY EXEMPTION.

    This title shall not apply to research and development activities 
that would adversely affect the national defense and security of the 
United States.
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