Date: 1983-05-03
Speaker: SAM B. HALL (democrat)
Chamber: H

Mr. Speaker. the purpose of the proposed legislation is to amend section 1 of the act of June 5. 1920. as amended. to authorize the Secretary of Commerce to settle claims for damages of less than $2.500 arising by reason of acts for which the National Oceanic and Atmospheric Administration Is responsible. The bill. H.R. 594. was Introduced as recommended by the - Department of Commerce in a communication to the Congress dated July 6. 1977. and is identical to the bill H.R. 234. in the 96th Congress. which was the subject of a favorable report by the Department to the committee dated June 9. 1980. In the 97th Congress an identical bill. H.R. 1029 was favorably reported and passed the House. Under existing law. the Secretary of Commerce has the authority. under 33 U.S.C. 853. to settle claims up to $500 arising by reason of acts for which the National Ocean Survey. an agency of the National Oceanic and Atmospheric Administration of the Department of Commerce shall be found to be responsible. This authority does not extend to a negligent or wrongful act or omission of a Government employee acting within the scope of his employment which would already be covered under the Federal Tort Claims Act (28 U.S.C. 267180). The purpose of H.R. 594 is twofold: First. It would make clear that 33 U.S.C. 853 is applicable to all NOAA activities not merely to those of the National Ocean Survey. Second. it would increase the maximum dollar amount for authorized settlements from $500 to $2.500. The bill. in increasing the dollar amount for authorized settlements from $500 to $2.500 will provide the authority to settle claims arising from the many diversified scientific endeavors and experiments of that Administration. As it pointed out in the material submitted to the committee by the Department. the settlements can be made where the claim arose from damage clearly caused by activities of the National Oceanic and Atmospheric Administration and the Government has a moral obligation to compensate the injury even though there may be an absence of negligence. The examples of such activities as described in the report of the Department of Commerce include weather instrument operations such as the radiosonde. This is a plasticcased instrument weighting about 3 pounds that is sent into the atmosphere by balloon which. after reaching 5 or 6 miles in altitude. is returned to the ground by parachute. In most instances. the instrument reaches the surface without incident. and many of them are recovered. As a freefalling object. however. there is a possibility that the instrument could frighten domestic animals. or have other effects such as colliding with vehicles. It was also pointed out that during marine surveys. coastal hydrographic ships operate in areas where fishing occurs and. despite precautions. fishing nets. lobster pots. or other fishing gear may be damaged. The National Earth Satellite Service of NOAA has command and data acquisition stations at Gilmore Creek. Alaska. and Wallops Island. Va. The launching of satellites for atmospheric observations from these stations is accomplished in collaboration with the National Aeronautics and Space Administration (NASA). However. NOAA personnel. facilities. and equipment are involved. Satellite launchings always have the potential for damaging their operational sites and contiguous area. In addition to the foregoing. there may be damage to private property by triangulation and survey field parties. Most of the work of such parties involves using privately owned land to which access is obtained by established procedures. A site may be used for several months and it is possible that damage could be done to the land and its appurtenances. The committee recognizes that the existing language in section 853 of title 33 of the United States Code presently providing for the settlement of claims up to $500 has performed a valuable function over the years since enactment in 1920 to provide compensation to persons injured from activities similar to those outlined above. The increase of that authority tc the amount of $2.500 is a realistic increase in view of current costs which can be expected in the event of damage claims. Further. the activities of the National Oceanic and Atmospheric Administration as outlined in this report and in the material appended to the report submitted by the Department. are of a unique nature and would give rise to claims which could be settled expeditiously under the authority provided in this bill. It is recommended that the bill be considered favorably.e The bill was ordered to be engrossed and read a third time. was read the third time. and passed. and a motion to reconsider was laid on the table.