HR 4233 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4233CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 21, 2012CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Purposes.CommentsClose CommentsPermalink





Sec. 4. Definitions.CommentsClose CommentsPermalink

TITLE I--NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATION

Sec. 101. Definitions.CommentsClose CommentsPermalink





Sec. 102. National Geospatial Technology Administration.CommentsClose CommentsPermalink





Sec. 103. Establishment and maintenance of National Geospatial Database.CommentsClose CommentsPermalink





Sec. 104. Reorganization of geospatial and land management activities.CommentsClose CommentsPermalink





Sec. 105. Promulgation of standards for Federal geospatial data.CommentsClose CommentsPermalink





Sec. 106. Protection of geospatial data.CommentsClose CommentsPermalink





Sec. 107. Assumption of geospatial functions of other Federal agencies.CommentsClose CommentsPermalink





Sec. 108. Acquisition of geospatial data from public sources.CommentsClose CommentsPermalink





Sec. 109. Acquisition of geospatial data from commercial sources.CommentsClose CommentsPermalink

TITLE II--NATIONAL GEOSPATIAL POLICY COMMISSION

Sec. 201. Establishment; primary duties.CommentsClose CommentsPermalink





Sec. 202. Requirements for National Geospatial Data Plan.CommentsClose CommentsPermalink





Sec. 203. Membership.CommentsClose CommentsPermalink

TITLE III--CONTRACTOR PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIES

Sec. 301. Policy.CommentsClose CommentsPermalink





Sec. 302. Definitions.CommentsClose CommentsPermalink





Sec. 303. Conversion to contractor performance.CommentsClose CommentsPermalink





Sec. 304. Requirement for performance in United States.CommentsClose CommentsPermalink

TITLE IV--ENCOURAGING PRIVATE ENTERPRISE

Sec. 401. Findings; purposes.CommentsClose CommentsPermalink





Sec. 402. Strategy for encouraging Federal use of private geospatial firms.CommentsClose CommentsPermalink

TITLE V--GEOSPATIAL RESEARCH AND DEVELOPMENT

Sec. 501. Purposes.CommentsClose CommentsPermalink





Sec. 502. Definitions.CommentsClose CommentsPermalink





Sec. 503. Geospatial Research Plan.CommentsClose CommentsPermalink





Sec. 504. Policy directives for research and development.CommentsClose CommentsPermalink





Sec. 505. Annual report.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Geospatial data is necessary and essential to--CommentsClose CommentsPermalink





(A) the management of natural resources;CommentsClose CommentsPermalink





(B) economic development;CommentsClose CommentsPermalink





(C) the management, adjudication, and prevention of future disruptions in the home mortgage system;CommentsClose CommentsPermalink





(D) the development and implementation of a smart energy grid;CommentsClose CommentsPermalink





(E) the deployment of universal domestic broadband service;CommentsClose CommentsPermalink





(F) the management of Federal real property assets;CommentsClose CommentsPermalink





(G) emergency preparedness and response;CommentsClose CommentsPermalink





(H) homeland security;CommentsClose CommentsPermalink





(I) the delivery of efficient health care and other services provided, financed, or regulated by the Federal Government; andCommentsClose CommentsPermalink





(J) the maintenance, rehabilitation, and enhancement of public works, transportation, and other infrastructure of the United States.CommentsClose CommentsPermalink





(2) The geospatial technology field is a high growth, high demand, and economically vital sector of the economy of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) The full use and exploitation of geospatial technologies can foster economic growth, contribute to environmental stewardship, and enable scientific and technological excellence.CommentsClose CommentsPermalink





(6) Studies have indicated that Federal agencies are not effectively using geospatial technologies and can improve the management of information resources and other applications.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act shall be to--CommentsClose CommentsPermalink





(1) ensure that a centralized and comprehensive database of geospatial data for the United States is available for use by the Federal Government to--CommentsClose CommentsPermalink





(A) improve the quality of services provided by the Federal Government; andCommentsClose CommentsPermalink





(B) reduce the costs to the Federal Government of providing such services;CommentsClose CommentsPermalink





(2) coordinate Federal agencies, State and local governments, and private entities to--CommentsClose CommentsPermalink





(A) maximize the use of private geospatial firms for the performance of Federal geospatial activities; andCommentsClose CommentsPermalink





(B) eliminate redundancy in the Federal performance of geospatial activities;CommentsClose CommentsPermalink





(3) foster the establishment and growth of private geospatial firms in the United States; andCommentsClose CommentsPermalink





(4) facilitate the development of new geospatial technology in the United States.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) The term ‘Administrator’ means the Administrator of the National Geospatial Technology Administration.CommentsClose CommentsPermalink





(2) The term ‘geospatial activity’ means--CommentsClose CommentsPermalink





(A) the collection of geospatial data, including collection from terrestrial, ground-based, airborne, or spaceborne platforms;CommentsClose CommentsPermalink





(B) the organization of geospatial data, including organization in a survey (including a GPS or field survey), map, chart, plan, report, or description;CommentsClose CommentsPermalink





(C) the storage, dissemination, and retrieval of geospatial data;CommentsClose CommentsPermalink





(D) the interpretation and use of geospatial data;CommentsClose CommentsPermalink





(E) the development of products or technology to facilitate the activities described in subparagraphs (A) through (D); andCommentsClose CommentsPermalink





(F) activities (other than exclusively business-related activities) for the enhancement of geospatial data and its use.CommentsClose CommentsPermalink





(3) The term ‘geospatial data’ means data--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) developed by professionals, including surveyors, photogrammetrists, hydrographers, geodesists, and cartographers.CommentsClose CommentsPermalink





(4) 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--CommentsClose CommentsPermalink





(A) as a regular course of trade or business; andCommentsClose CommentsPermalink





(B) with the principal objective of livelihood and profit.CommentsClose CommentsPermalink





(5) The term ‘real property’ means land and--CommentsClose CommentsPermalink





(A) crops, forests, and other resources attached to or contained in the land;CommentsClose CommentsPermalink





(B) buildings or other structures on the land; andCommentsClose CommentsPermalink





(C) improvements to the land, including fixtures permanently attached to the land or to structures on the land.CommentsClose CommentsPermalink





(6) 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.CommentsClose CommentsPermalink

TITLE I--NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATIONCommentsClose CommentsPermalink

SEC. 101. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) The term ‘cadastral information’ means information on real property that includes information on--CommentsClose CommentsPermalink





(A) the location, boundaries, and size of the property; andCommentsClose CommentsPermalink





(B) the use, value, ownership (including any interest, benefit, right, or privilege in the property), and assets of the property.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) The term ‘geodetic control information’ means information on the coordinate positions of geographic data established using a common reference system.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Administrator-CommentsClose CommentsPermalink





(1) IN GENERAL- The National Geospatial Technology Administration shall be headed by an Administrator, who shall report directly to the Secretary of the Interior.CommentsClose CommentsPermalink





(2) APPOINTMENT- The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) Contents of Database- The National Geospatial Database shall include, for all lands described in subsection (a), the following geospatial data (as applicable):CommentsClose CommentsPermalink





(1) Cadastral information, organized on large scale maps--CommentsClose CommentsPermalink





(A) using a geodetic network as a reference frame;CommentsClose CommentsPermalink





(B) with a cadastral boundary overlay delineating all cadastral parcels; andCommentsClose CommentsPermalink





(C) with a system for indexing and identifying each cadastral parcel.CommentsClose CommentsPermalink





(2) Geodetic control information.CommentsClose CommentsPermalink





(3) Orthoimagery.CommentsClose CommentsPermalink





(4) Elevation and bathymetry.CommentsClose CommentsPermalink





(5) Information on transportation networks.CommentsClose CommentsPermalink





(6) Hydrography.CommentsClose CommentsPermalink





(7) Information on underground infrastructure, including the location, type, size, composition, and use of underground structures including tunnels and pipelines, including through reference to--CommentsClose CommentsPermalink





(A) aerial photogrammetric maps;CommentsClose CommentsPermalink





(B) GPS and field surveys;CommentsClose CommentsPermalink





(C) as-built drawings;CommentsClose CommentsPermalink





(D) service connection cards; andCommentsClose CommentsPermalink





(E) historical maps and documents.CommentsClose CommentsPermalink





(8) Information on the geographic areas of governmental and administrative units.CommentsClose CommentsPermalink





(9) In the case of Federal property, any determination the Administrator has made about the property under section 103(b).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) economic development;CommentsClose CommentsPermalink





(B) the management, adjudication, and prevention of future disruptions in the home mortgage system;CommentsClose CommentsPermalink





(C) the development and implementation of a smart energy grid;CommentsClose CommentsPermalink





(D) the deployment of universal domestic broadband service;CommentsClose CommentsPermalink





(E) the management of Federal real property assets;CommentsClose CommentsPermalink





(F) emergency preparedness and response;CommentsClose CommentsPermalink





(G) homeland security;CommentsClose CommentsPermalink





(H) the delivery of efficient health care and other services provided, financed, or regulated by the Federal government; andCommentsClose CommentsPermalink





(I) the maintenance, rehabilitation and enhancement of the public works, transportation, and other infrastructure of the United States.CommentsClose CommentsPermalink





(c) Public Availability-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided by paragraph (2), the National Geospatial Database shall be available to the public.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) 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--CommentsClose CommentsPermalink





(1) the use of appropriated funds;CommentsClose CommentsPermalink





(2) the establishment of user fees for the National Geospatial Database;CommentsClose CommentsPermalink





(3) the establishment of a revolving fund with respect to the user fees;CommentsClose CommentsPermalink





(4) interagency and intergovernmental partnerships; andCommentsClose CommentsPermalink





(5) public-private partnerships.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink





(b) Determination With Respect to Management of Federal Property- The Administrator shall determine 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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(b) Conformance With Standards-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) Office of Management and Budget Circular A-16.CommentsClose CommentsPermalink





(B) Executive Order No. 12906 of April 11, 1994.CommentsClose CommentsPermalink





(C) The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.).CommentsClose CommentsPermalink





(D) The Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) surface and subsurface infrastructure providing communications or water or electrical power distribution or transmission;CommentsClose CommentsPermalink





(2) pipelines for the distribution or transmission of natural gas, bulk petroleum products, or other commodities;CommentsClose CommentsPermalink





(3) other utilities; orCommentsClose CommentsPermalink





(4) any personal or financial information about any individual private citizen, including information relating to such person’s real property however described.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) All geospatial functions of the Geography Division of the United States Geological Survey, including functions vested by the Act of June 4, 1897 (16 U.S.C. 474).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Public Law 85-569 (7 U.S.C. 1012a).CommentsClose CommentsPermalink





(2) Public Law 97-465 (16 U.S.C. 521d et seq.).CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Section 4685 of the Revised Statutes of the United States (33 U.S.C. 884).CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(3) Reorganization Plan No. 4 of 1970 (84 Stat. 2090).CommentsClose CommentsPermalink





(4) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j).CommentsClose CommentsPermalink





(5) The Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a et seq.).CommentsClose CommentsPermalink





(6) Section 206 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (33 U.S.C. 883l).CommentsClose CommentsPermalink





(d) Effective Date- This section shall be effective on the date that is 270 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) all geospatial data collected under the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.);CommentsClose CommentsPermalink





(2) all geospatial data collected under the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Non-Federal Entities-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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 from commercial sources.CommentsClose CommentsPermalink





(b) Licensed Data-CommentsClose CommentsPermalink





(1) IN GENERAL- In carrying out this Act, the Administrator may acquire licensed geospatial data from commercial sources.CommentsClose CommentsPermalink





(2) CONSIDERATIONS- In determining whether to acquire licensed geospatial data from commercial sources, the Administrator shall take into account--CommentsClose CommentsPermalink





(A) existing law;CommentsClose CommentsPermalink





(B) the quality of the data relative to the intended use;CommentsClose CommentsPermalink





(C) the preferences of the intended (as opposed to incidental) beneficiaries of the data;CommentsClose CommentsPermalink





(D) any restrictions on redistribution of the licensed data, and their effect on--CommentsClose CommentsPermalink





(i) the ability of each agency using the data to carry out a mandate of the agency; andCommentsClose CommentsPermalink





(ii) the benefit of the geospatial data to its intended users.CommentsClose CommentsPermalink

TITLE II--NATIONAL GEOSPATIAL POLICY COMMISSIONCommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) develop and periodically amend a comprehensive plan, to be known as the ‘National Geospatial Data Plan’;CommentsClose CommentsPermalink





(2) coordinate Federal agencies, State and local governments, and private entities to eliminate redundancy in the performance of geospatial activities;CommentsClose CommentsPermalink





(3) convert geospatial activities to performance by private geospatial firms when possible; andCommentsClose CommentsPermalink





(4) reduce the costs to the Federal Government of geospatial activities not eliminated or converted to performance by private geospatial firms.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) the nature and purpose of the activity;CommentsClose CommentsPermalink





(2) the authority under which the activity is performed; andCommentsClose CommentsPermalink





(3) the amount expended by the Federal Government in fiscal year 2009 for the activity.CommentsClose CommentsPermalink





(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)--CommentsClose CommentsPermalink





(1) the performance of which is unnecessary; andCommentsClose CommentsPermalink





(2) that may be converted to performance by a private geospatial firm.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) elimination of geospatial activities identified under subsection (b)(1);CommentsClose CommentsPermalink





(2) conversion of geospatial activities identified under subsection (b)(2) to performance by a private geospatial firm;CommentsClose CommentsPermalink





(3) conversion of performance of geospatial activities identified under subsection (b)(3)(A) to performance by a State or local government; andCommentsClose CommentsPermalink





(4) consolidation of geospatial activities identified under subsection (b)(3)(B).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 203. MEMBERSHIP.

(a) Number and Appointment- The Commission shall be composed of the following members:CommentsClose CommentsPermalink





(1) The Administrator of the National Geospatial Technology Administration or designee.CommentsClose CommentsPermalink





(2) The Director of the Office of Management and Budget or designee.CommentsClose CommentsPermalink





(3) The Director of the Office of Science and Technology Policy or designee.CommentsClose CommentsPermalink





(4) The Director of the National Economic Council or designee.CommentsClose CommentsPermalink





(5) The Director of the National Geospatial Intelligence Agency or designee.CommentsClose CommentsPermalink





(6) The Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate or designee.CommentsClose CommentsPermalink





(7) The Chairman of the Committee on Oversight and Government Reform of the House of Representatives or designee.CommentsClose CommentsPermalink





(8) Eleven citizens with experience in geospatial activities appointed by the President, including--CommentsClose CommentsPermalink





(A) two employed in State government;CommentsClose CommentsPermalink





(B) two employed in regional or local government;CommentsClose CommentsPermalink





(C) one employed in tribal government;CommentsClose CommentsPermalink





(D) one employed by a nonprofit organization;CommentsClose CommentsPermalink





(E) one employed by a university; andCommentsClose CommentsPermalink





(F) four employed by a private geospatial firm.CommentsClose CommentsPermalink





(b) Terms-CommentsClose CommentsPermalink





(1) FEDERAL OFFICIALS- Each member appointed under subparagraphs (1) through (7) of subsection (a) shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(2) MEMBERS APPOINTED BY THE PRESIDENT- Each member appointed under subsection (a)(8) shall be appointed for a term of six years.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE III--CONTRACTOR PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIESCommentsClose CommentsPermalink

SEC. 301. POLICY.

It is the policy of the United States, consistent with the U.S. Commercial Remote Sensing Policy, to--CommentsClose CommentsPermalink





(1) rely to the maximum practical extent on the private sector in the United States for the acquisition of geospatial data; andCommentsClose CommentsPermalink





(2) develop a long-term, sustainable relationship with the private geospatial community.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Solicitation of Offers for Contractor Performance of Eligible Activities-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) SELECTION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 304. REQUIREMENT FOR PERFORMANCE IN UNITED STATES.

(a) Federal Contracts- All Federal contracts for performance of a geospatial activity shall include--CommentsClose CommentsPermalink





(1) a condition that the geospatial activity be performed in the United States; andCommentsClose CommentsPermalink





(2) a written certification that the funds will not be used for geospatial activities performed outside the United States.CommentsClose CommentsPermalink





(b) Exceptions- The requirements of this section shall not apply with respect to a geospatial activity--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) required by law (including a treaty or trade agreement) to be performed outside the United States;CommentsClose CommentsPermalink





(3) required by geographical necessity to be performed outside the United States;CommentsClose CommentsPermalink





(4) determined by the Administrator after a competitive procurement process under section 303(b) to be unavailable in the United States; orCommentsClose CommentsPermalink





(5) for which the President has issued a determination in writing that performance outside of the United States is necessary for national security.CommentsClose CommentsPermalink

TITLE IV--ENCOURAGING PRIVATE ENTERPRISECommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Purposes- The purpose of this title is to promote the establishment and growth of private geospatial firms in the United States by--CommentsClose CommentsPermalink





(1) encouraging the use by the Federal Government of geospatial data, products, technology, and services to accomplish national priorities;CommentsClose CommentsPermalink





(2) encouraging the acquisition of geospatial data, products, technology, and services from private geospatial firms;CommentsClose CommentsPermalink





(3) encouraging the development, and ensuring the continued employment, of a workforce that will meet future employment demands in the geospatial field; andCommentsClose CommentsPermalink





(4) fostering an environment in which all private geospatial firms may compete effectively and grow to their full potential.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Information Gathering- In developing the strategy described in subsection (a), the Administrator shall--CommentsClose CommentsPermalink





(1) examine the current role of private geospatial firms, including small businesses, in the economy of the United States;CommentsClose CommentsPermalink





(2) States expending Federal funds;CommentsClose CommentsPermalink





(3) assess the contribution such firms may make in the future to the growth of the economy of the United States;CommentsClose CommentsPermalink





(4) evaluate the efforts of each Federal agency to use private geospatial firms, including the procurement strategies, policies, and methodologies of each Federal agency; andCommentsClose CommentsPermalink





(5) assemble statistical information on the use of private geospatial firms by Federal agencies.CommentsClose CommentsPermalink





(c) Enhancement of Federal Agency Use of Private Geospatial Firms-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Advocacy and Assistance for Private Geospatial Firms Affected by Federal Policies and Activities-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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, contracts, and form licenses for use by the Federal Government in the acquisition of geospatial data.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the state of geospatial activities in the United States; andCommentsClose CommentsPermalink





(2) progress in the development of private geospatial enterprise in the United States.CommentsClose CommentsPermalink

TITLE V--GEOSPATIAL RESEARCH AND DEVELOPMENTCommentsClose CommentsPermalink

SEC. 501. PURPOSES.

The purposes of this title are to encourage innovation and entrepreneurship in the geospatial field by--CommentsClose CommentsPermalink





(1) promoting the advancement of geospatial products and technologies, and value-added services related to such products and technologies;CommentsClose CommentsPermalink





(2) providing an avenue through which new and untested geospatial products and services may be brought to the marketplace.CommentsClose CommentsPermalink

SEC. 502. DEFINITIONS.

(a) In this title:CommentsClose CommentsPermalink





(1) The term ‘Geospatial Research Plan’ means the plan developed under section 503(a).CommentsClose CommentsPermalink





(2) The term ‘research and development’--CommentsClose CommentsPermalink





(A) means--CommentsClose CommentsPermalink





(i) a systematic study directed specifically toward applying new knowledge to meet a recognized need;CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) may include--CommentsClose CommentsPermalink





(i) research in the physical and natural sciences;CommentsClose CommentsPermalink





(ii) applied research;CommentsClose CommentsPermalink





(iii) technology development; andCommentsClose CommentsPermalink





(iv) social science research.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) facilitate the establishment the National Spatial Data Infrastructure;CommentsClose CommentsPermalink





(2) facilitate the maintenance of a current and accurate National Spatial Data Infrastructure;CommentsClose CommentsPermalink





(3) enhance the ability to store and archive geospatial data;CommentsClose CommentsPermalink





(4) increase public access to and dissemination of stored and archived geospatial data;CommentsClose CommentsPermalink





(5) improve sensor and other data collection technologies;CommentsClose CommentsPermalink





(6) improve the ability to acquire, visualize, analyze, and apply geospatial data;CommentsClose CommentsPermalink





(7) improve the durability and extend the life of geospatial infrastructure;CommentsClose CommentsPermalink





(8) address geospatial requirements necessary to meet national needs, Government programs, and emerging public policy issues, including but not limited to--CommentsClose CommentsPermalink





(A) protecting and enhancing the environment;CommentsClose CommentsPermalink





(B) building and maintaining the physical infrastructure of the United States;CommentsClose CommentsPermalink





(C) managing land and real property assets and resources related thereto;CommentsClose CommentsPermalink





(D) providing for the national defense and homeland security;CommentsClose CommentsPermalink





(E) managing housing and financial services systems;CommentsClose CommentsPermalink





(F) producing and utilizing energy in a safe and efficient manner;CommentsClose CommentsPermalink





(G) preparing for, responding to, and recovering from natural and anthropogenic emergencies;CommentsClose CommentsPermalink





(H) conducting the Census;CommentsClose CommentsPermalink





(I) administering the system of justice; andCommentsClose CommentsPermalink





(J) providing for new forms of communication; andCommentsClose CommentsPermalink





(9) meet any other research and development needs of the Federal Government and geospatial data producers and users.CommentsClose CommentsPermalink





(c) Estimated Funding Levels and Benefit- In the Geospatial Research Plan, the Administrator shall describe, for each activity identified under subsection (b)--CommentsClose CommentsPermalink





(1) the anticipated annual funding levels for the activity for the period described in subsection (a); andCommentsClose CommentsPermalink





(2) the benefit the Administrator expects to gain from the activity by the end of the period described in subsection (a).CommentsClose CommentsPermalink





(d) Considerations- The Administrator shall ensure that the Geospatial Research Plan--CommentsClose CommentsPermalink





(1) includes and integrates the research and development activities of the National Geospatial Technology Administration;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) takes into account the activities of other Federal, State, private sector, and nonprofit institutions, and avoids unnecessary duplication with such activities.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Contents of Policy Directives- The policy directives developed under subsection (a) shall provide for--CommentsClose CommentsPermalink





(1) simplified, standardized, and timely solicitations;CommentsClose CommentsPermalink





(2) a simplified, standardized funding process that provides for--CommentsClose CommentsPermalink





(A) the timely receipt and review of proposals;CommentsClose CommentsPermalink





(B) outside peer review of proposals, if appropriate;CommentsClose CommentsPermalink





(C) protection of proprietary information provided in proposals;CommentsClose CommentsPermalink





(D) selection of awardees;CommentsClose CommentsPermalink





(E) retention of data rights generated in the performance of the contract by a business concern;CommentsClose CommentsPermalink





(F) transfer of the right to intellectual property provided by the National Geospatial Technology Administration to the private sector partner;CommentsClose CommentsPermalink





(G) cost sharing; andCommentsClose CommentsPermalink





(H) cost principles and payment schedules;CommentsClose CommentsPermalink





(3) ensuring that research and development activities of government, universities, and nonprofit institutions do not duplicate or compete with those of the private sector; andCommentsClose CommentsPermalink





(4) the prompt commercialization of the results of geospatial research and development activities.CommentsClose CommentsPermalink





(c) Recommendations for Legislation- The Administrator shall propose to Congress any recommendations for legislation to authorize innovative partnerships not authorized under existing law.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink