IB
Union Calendar No. 279
105TH CONGRESS
2D SESSION
H. R. 3164
[Report No. 105–485]
To describe the hydrographic services functions of the Administrator of the
National Oceanic and Atmospheric Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 5, 1998
Mr. SAXTON (for himself and Mr. YOUNG of Alaska) introduced the following
bill; which was referred to the Committee on Resources
APRIL 21, 1998
Additional sponsor: Mr. DELAHUNT
APRIL 21, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 5, 1998]
A BILL
To describe the hydrographic services functions of the Ad-
ministrator of the National Oceanic and Atmospheric
Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 
‘‘Adminis-
trator’’ means the Administrator of the National Oce-
anic and Atmospheric Administration.
(2) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric
Administration.
(3) HYDROGRAPHIC
DATA.—The term ‘‘hydro-
graphic data’’ means information acquired through
hydrographic 
or 
bathymetric 
surveying, 
photo-
grammetry, geodetic measurements, tide and current
observations, or other methods, that is used in provid-
ing hydrographic services.
(4) HYDROGRAPHIC SERVICES.—The term ‘‘hy-
drographic services’’ means—
(A) the management, maintenance, inter-
pretation, certification, and dissemination of
bathymetric, hydrographic, geodetic, and tide
and current information, including the produc-
tion of nautical charts, nautical information
databases, and other products derived from hy-
drographic 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 hydro-
graphic services;
(3) promulgate standards for hydrographic serv-
ices provided by the Administration;
(4) ensure comprehensive geographic coverage of
hydrographic services, in cooperation with other ap-
propriate Federal agencies;
(5) maintain a national database of hydro-
graphic data, in cooperation with other appropriate
Federal agencies;
(6) provide hydrographic services in uniform,
easily accessible formats;
(7) participate in the development of, and imple-
ment 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-ef-
fective, fulfill the requirements of paragraphs (1) and
(6) through contracts or other agreements with pri-
vate 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 nec-
essary to ensure safe navigation and maintain oper-
ational expertise in hydrographic data acquisition
and hydrographic services;
(2) may enter into contracts and other agree-
ments with qualified entities, consistent with sub-
section (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 pro-
viding hydrographic services.
SEC. 4. QUALITY ASSURANCE PROGRAM.
(a) DEFINITION.—For purposes of this section, the
term ‘‘hydrographic product’’ means any publicly or com-
mercially available product produced by a non-Federal en-
tity 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 assur-
ance 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 hydro-
graphic 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 hydro-
graphic 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 certifi-
cation 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 ap-
propriation, for hydrographic services.
(e) LIMITATION ON NEW FEES AND INCREASES IN EX-
ISTING 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 pro-
vision of any hydrographic service except as author-
ized 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 Phys-
ical 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 oper-
ational.
(b) EXISTING SYSTEMS.—After October 1, 1999, the
Administration shall cease to operate Physical Oceano-
graphic 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 serv-
ices related to hydrographic data acquisition or hy-
drographic services. In preparing the report, the Ad-
ministrator shall consult with private sector entities
knowledgeable in photogrammetry and remote sens-
ing.
(2) CONTENTS.—The report shall include the fol-
lowing:
(A) An assessment of which of the photo-
grammetric and remote sensing services related
to hydrographic data acquisition or hydro-
graphic services performed by the National
Ocean Service can be performed adequately by
private-sector entities.
(B) An evaluation of the relative cost-effec-
tiveness of the Federal Government and private-
sector entities in performing those services.
(C) A plan for increasing the use of con-
tracts with private-sector entities in performing
those services, with the goal of obtaining per-
formance 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 im-
plementing those systems in priority locations.
(c) MAINTAINING FEDERAL EXPERTISE IN HYDRO-
GRAPHIC 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 decommission-
ing of the 3 existing National Oceanic and Atmos-
pheric 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 decommis-
sioning 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 Adminis-
trator 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 fis-
cal 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 sec-
tion 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 fis-
cal year 2002, and $41,000,000 for fiscal year 2003.
Of these amounts, no more than $14,000,000 is au-
thorized for any one fiscal year to operate hydro-
graphic survey vessels owned and operated by the Ad-
ministration.
(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 imple-
ment 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).
Union Calendar No. 279
105TH CONGRESS
2D SESSION
H. R. 3164
[Report No. 105–485]
A BILL
To describe the hydrographic services functions of
the Administrator of the National Oceanic and
Atmospheric Administration, and for other pur-
poses.
APRIL 21, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed