[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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