113 HR 1604 IH: Map It Once, Use It Many Times Act
U.S. House of Representatives
2013-04-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited as the Map It Once, Use It Many Times
Act
.
(b)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.
2.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.
3.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.
4.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.
5.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.
INATIONAL
GEOSPATIAL TECHNOLOGY ADMINISTRATION
101.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.
102.National
Geospatial Technology Administration
(a)To
carry out the purposes of this Act, there is established within the Department
of the Interior the National Geospatial Technology Administration.
(b)
(1)The National Geospatial Technology Administration shall
be headed by an Administrator, who shall report directly to the Secretary of
the Interior.
(2)The
Administrator shall be appointed by the President, by and with the advice and
consent of the Senate.
103.Establishment
and maintenance of National Geospatial Database
(a)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)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)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)
(1)Except as provided by paragraph (2), the National
Geospatial Database shall be available to the public.
(2)Exception for
national securityThe 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)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.
104.Reorganization
of geospatial and land management activities
(a)Implementation
of national geospatial data planThe 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 propertyThe 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.
105.Promulgation of
standards for Federal geospatial data
(a)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 conformanceThe 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 conformanceThe Administrator shall encourage
conformance of all other geospatial data collected for lands in the United
States with the standards promulgated under paragraph (1).
106.Protection of
geospatial dataThe
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.
107.Assumption of
geospatial functions of other Federal agencies
(a)Functions of
department of the interiorAll 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 agricultureAll 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 administrationAll 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)This section shall be effective on the date that is 270 days
after the date of the enactment of this Act.
108.Acquisition of
geospatial data from public sources
(a)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)
(1)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)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.
109.Acquisition of
geospatial data from commercial sources
(a)The Administrator shall, to the maximum extent
practicable, enter into contracts to obtain geospatial data and geospatial
activities from commercial sources.
(b)
(1)In carrying out this Act, the Administrator may acquire
licensed geospatial data from commercial sources.
(2)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.
IINATIONAL
GEOSPATIAL POLICY COMMISSION
201.Establishment;
primary dutiesThere 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.
202.Requirements
for National Geospatial Data plan
(a)Identification
of all geospatial activities performed by or for the federal
governmentThe 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
activitiesThe 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 dataThe 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 recommendationsThe 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 planNot 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.
203.
(a)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)
(1)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 presidentEach member appointed under subsection
(a)(8) shall be appointed for a term of six years.
(c)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)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)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)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)The
provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix 2) shall
not apply to the Commission.
204.
(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.
IIICONTRACTOR
PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIES
301.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.
302.In this title, the term agency
head means the Secretary, the Administrator, or head of a department,
agency, or bureau of the Federal Government.
303.Conversion to
contractor performance
(a)Conversion of
activities identified by commissionEach 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)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)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)
(A)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)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)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)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 firmsIf 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)The
process set forth in this section shall not apply to licensed geospatial
data.
304.Requirement for
performance in United States
(a)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)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.
IVENCOURAGING
PRIVATE ENTERPRISE
401.
(a)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)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.
402.Strategy for
encouraging Federal use of private geospatial firms
(a)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)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 licensesThe 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 progressTo 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.
VGEOSPATIAL
RESEARCH AND DEVELOPMENT
501.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.
502.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.
503.
(a)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)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 benefitIn 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)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.
504.Policy
directives for research and development
(a)Development of
policy directivesNot 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 directivesThe 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 legislationThe Administrator shall propose to Congress any
recommendations for legislation to authorize innovative partnerships not
authorized under existing law.
505.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.
506.National
defense and security exemptionThis title shall not apply to research and
development activities that would adversely affect the national defense and
security of the United States.