son-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), the Administrator shall—
(1) acquire hydrographic, geodetic, and tide and
current measurement data;
(2) promulgate standards for data and prod-
ucts, and the collection of data and development of
products, used by the Administration in hydro-
graphic services;
(3) ensure comprehensive nationwide coverage
of hydrographic services;
(4) maintain a national database of hydro-
graphic data, and provide hydrographic products in
uniform, easily accessible formats;
(5) participate in the development of, and im-
plement for the United States, international stand-
ards for hydrographic data, products, and informa-
tion systems; and
(6) to the greatest extent practicable, fulfill the
requirements of this subsection through contracts or
other agreements with private sector entities.
(b) AUTHORITIES.—In order to fulfill the marine re-
source management and data gathering and dissemination
duties of the Administration, including duties under the
Act of 1947, the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.), the National Marine Sanctuaries
Act (16 U.S.C. 1431 et seq.), and the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), and subject to the availability of appropria-
tions, the Administrator may—
(1) procure, lease, evaluate, test, develop, and
operate vessels, equipment, and technologies nec-
essary to ensure safe navigation and maintain oper-
ational expertise in hydrographic services;
(2) enter into contracts and other agreements
with qualified public or private entities for the collec-
tion of hydrographic data and the development,
preparation, or distribution of hydrographic services;
(3) award contracts for hydrographic, geodetic,
and photogrammetric surveying and mapping serv-
ices, in accordance with title IX of the Federal Prop-
erty and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.); and
(4) subject to section 5, design and install
where appropriate Physical Oceanographic Real-
Time Systems to enhance navigation safety and effi-
ciency.
SEC. 4. QUALITY ASSURANCE PROGRAM.
(a) IN GENERAL.—The Administrator may—
(1) develop and implement a quality assurance
program, under which the Administrator may certify
hydrographic data and products produced by a pri-
vate sector entity that satisfy the standards promul-
gated by the Administrator under section 3(a)(2);
(2) authorize the use of the emblem or any
trademark of the Administration on data or a prod-
uct certified under paragraph (1); and
(3) charge a fee for such certification and use.
Any such fee shall not exceed the costs of conducting
the quality assurance testing, evaluation, or studies
necessary to determine whether the data or product
satisfies the standards adopted under section
3(a)(2), including the cost of administering such a
program.
(b) LIMITATION ON LIABILITY.—The Government of
the United States shall not be liable for any negligence
by a person that produces data or any products certified
under this section, based solely on certification of such
data or product under subsection (a).
(c) HYDROGRAPHIC SERVICES ACCOUNTS.—
(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 (a)(3); and
(B) such other amounts as may be pro-
vided by law.
(3) USE.—Amounts in the account shall be
available to the Administrator for hydrographic serv-
ices.
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 has agreed to assume the cost of
operating and maintaining the system within 90 days after
the date of installation of the system.
(b) EXISTING SYSTEMS.—After October 1, 1999, the
Administration shall cease to operate any Physical Ocean-
ographic Real-Time Systems unless the local sponsor has
agreed to assume the cost of operating and maintaining
the system by January 1, 1999.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Admin-
istrator the following:
(1) To carry out nautical mapping and charting
functions under sections 3 and 4, except for the ac-
quisition of hydrographic data, $33,000,000 for fis-
cal year 1999, and $36,000,000 for each of fiscal
years 2000, 2001, 2002, and 2003.
(2) To acquire hydrographic data under section
3(a)(1), including leasing of ships, $33,500,000 for
fiscal year 1999, and $36,000,000 for each of fiscal
years 2000, 2001, 2002, and 2003. Of these
amounts, no more than $16,000,000 is authorized
for any one fiscal year to operate hydrographic sur-
vey vessels owned by the Administration.
(3) To carry out geodetic functions under sec-
tions 3 and 4, $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 sections 3 and 4, $13,500,000 for
fiscal year 1999, and $15,000,000 for each of fiscal
years 2000, 2001, 2002, and 2003.
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