IIA
105TH CONGRESS
2D SESSION
H. R. 3164
IN THE SENATE OF THE UNITED STATES
APRIL 23, 1998
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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
Oceanic and Atmospheric Administration.
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(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 pro-
viding 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 informa-
tion systems; and
(C) related activities.
(5) ACT OF 1947.—The term ‘‘Act of 1947’’
means the Act entitled ‘‘An Act to define the func-
tions and duties of the Coast and Geodetic Survey,
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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
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 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 im-
plement for the United States in cooperation with
other appropriate Federal agencies, international
standards for hydrographic data and hydrographic
services; and
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(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 acquisi-
tion 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.); and
(4) may, subject to section 5, design and install
where appropriate Physical Oceanographic Real-
Time Systems to enhance navigation safety and effi-
ciency.
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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 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 Adminis-
trator 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 admin-
istering such a program.
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(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 pro-
vided by law.
(3) LIMITATION; DEPOSIT.—Fees deposited in
this account during any fiscal year pursuant to this
section shall be deposited and credited as offsetting
collections to the National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities
account. No amounts collected pursuant to this sec-
tion for any fiscal year may be spent except to the
extent provided in advance in appropriations Acts.
(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—
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(1) establish any fee or other charge for the
provision of any hydrographic service except as au-
thorized 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 be-
comes operational.
(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.—
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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) 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 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 Adminis-
trator shall report to the Congress on a plan to en-
sure that Federal competence and expertise in hy-
drographic surveying will be maintained after the de-
commissioning of the 3 existing National Oceanic
and Atmospheric Administration hydrographic sur-
vey vessels.
(2) CONTENTS.—The report shall include—
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(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 Admin-
istrator 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 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 fiscal year 2002, and $41,000,000
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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).
SEC. 8. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be ex-
pended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
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SEC. 9. SENSE OF THE CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of Commerce shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 10. PROHIBITION OF CONTRACTS.
If it is has been finally determined by a court or Fed-
eral agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscrip-
tion with the same meaning, to any product sold in or
shipped to the United States that is not made in the
United States, such person shall be ineligible to receive
any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in section
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9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
Passed the House of Representatives April 22, 1998.
Attest:
Robin H. Carle,
Clerk.