[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1815 Introduced in House (IH)]

  1st Session
                                H. R. 1815

 To authorize appropriations for the National Oceanic and Atmospheric 
      Administration for fiscal year 1996, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 1995

 Mr. Rohrabacher (for himself and Mr. Hayes) introduced the following 
 bill; which was referred to the Committee on Science, and in addition 
    to the Committee on Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the National Oceanic and Atmospheric 
      Administration for fiscal year 1996, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Authorization Act of 1995''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Act of 1890'' means the Act entitled ``An Act to 
        increase the efficiency and reduce the expenses of the Signal 
        Corps of the Army, and to transfer the Weather Bureau to the 
        Department of Agriculture'', approved October 1, 1890 (26 Stat. 
        653);
            (2) ``Act of 1947'' means 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) ``Act of 1970'' means the Act entitled ``An Act to 
        clarify the status and benefits of commissioned officers of the 
        National Oceanic and Atmospheric Administration, and for other 
        purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et 
        seq.);
            (4) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration; and
            (5) ``Secretary'' means the Secretary of Commerce.

         TITLE I--ATMOSPHERIC, WEATHER, AND SATELLITE PROGRAMS

SEC. 101. NATIONAL WEATHER SERVICE.

    (a) Operations and Research.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the operations and research 
duties of the National Weather Service, $472,338,000 for fiscal year 
1996. Such duties include meteorological, hydrological, and 
oceanographic public warnings and forecasts, as well as applied 
research in support of such warnings and forecasts.
    (b) Systems Acquisition.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out the public warning and forecast systems 
duties of the National Weather Service, $79,034,000 for fiscal year 
1996. Such duties include the development, acquisition, and 
implementation of major public warning and forecast systems. None of 
the funds authorized under this subsection shall be used for the 
purposes for which funds are authorized under section 102(b) of the 
National Oceanic and Atmospheric Administration Authorization Act of 
1992 (Public Law 102-567). None of the funds authorized by such section 
102(b) shall be expended for a particular NEXRAD installation unless--
            (1) it is identified as a National Weather Service NEXRAD 
        installation in the National Implementation Plan for 
        modernization of the National Weather Service for fiscal year 
        1995, required under section 703 of the National Oceanic and 
        Atmospheric Administration Authorization Act of 1992 (Public 
        Law 102-567); or
            (2) it is to be used only for spare parts, not as an 
        installation at a particular site.
    (c) ASOS Program Authorization.--Of the sums authorized in 
subsection (b), $16,952,000 for fiscal year 1996 are authorized to be 
appropriated to the Secretary, for the acquisition and deployment of--
            (A) the Automated Surface Observing System and related 
        systems, including multisensor and backup arrays for National 
        Weather Service sites at airports; and
            (B) Automated Meteorological Observing System and Remote 
        Automated Meteorological Observing System replacement units,
and to cover all associated activities, including program management 
and operations and maintenance.
    (d) AWIPS Authorization.--Of the sums authorized in subsection (b), 
there are authorized to be appropriated to the Secretary $52,097,000 
for fiscal year 1996, to remain available until expended, for--
            (1) the acquisition and deployment of the Advanced Weather 
        Interactive Processing System and NOAA Port and associated 
        activities; and
            (2) associated program management and operations and 
        maintenance.
    (e) Construction of Weather Forecast Offices.--There are authorized 
to be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out construction, repair, and 
modification activities relating to new and existing weather forecast 
offices, $20,628,000 for fiscal year 1996. Such activities include 
planning, design, and land acquisition related to such offices.
    (f) Streamlining Weather Service Modernization.--
            (1) Repeals.--Sections 706 and 707 of the Weather Service 
        Modernization Act (15 U.S.C. 313 note) are repealed.
            (2) Conforming amendments.--The Weather Service 
        Modernization Act (15 U.S.C. 313 note) is amended--
                    (A) in section 702, by striking paragraph (3) and 
                redesignating paragraphs (4) through (10) as paragraphs 
                (3) through (9), respectively; and
                    (B) in section 703--
                            (i) by striking ``(a) National 
                        Implementation Plan.--'';
                            (ii) by striking paragraph (3) and 
                        redesignating paragraphs (4), (5), and (6) as 
                        paragraphs (3), (4), and (5), respectively; and
                            (iii) by striking subsections (b) and (c).

SEC. 102. ATMOSPHERIC RESEARCH.

    (a) Climate and Air Quality Research.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out its climate and air quality 
research duties, $86,757,000 for fiscal year 1996. Such duties include 
interannual and seasonal climate research and long-term climate and air 
quality research.
    (b) Atmospheric Programs.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out its atmospheric research duties, 
$39,894,000 for fiscal year 1996. Such duties include research for 
developing improved prediction capabilities for atmospheric processes, 
as well as solar-terrestrial research and services.
    (c) GLOBE Authorization.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out the Global Learning and Observations to 
Benefit the Environment program, $7,000,000 for fiscal year 1996.

SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION 
              SERVICE.

    (a) Satellite Observing Systems.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out its satellite observing systems 
duties, $323,906,000 for fiscal year 1996, to remain available until 
expended. None of the funds authorized under this subsection shall be 
used for the purposes for which funds are authorized under section 
105(d) of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567). Such duties include 
spacecraft procurement, launch, and associated ground station systems 
involving polar orbiting and geostationary environmental satellites, as 
well as the operation of such satellites. None of the funds authorized 
under this subsection shall be used for the purposes for which funds 
are authorized under section 105(d) of the National Oceanic and 
Atmospheric Administration Authorization Act of 1992 (Public Law 102-
567).
    (b) POES Program Authorization.--Of the sums authorized in 
subsection (a), there are authorized to be appropriated to the 
Secretary $188,883,000 for fiscal year 1996, to remain available until 
expended, for the procurement of Polar Orbiting Environmental 
Satellites K, L, M, N, and N<SUP>1, and the procurement of the 
launching and supporting ground systems of such satellites.
    (c) Geostationary Operational Environmental Satellites.--Of the 
sums authorized in subsection (a), there are authorized to be 
appropriated to the Administrator $46,300,000 for fiscal year 1996, to 
remain available until expended--
            (1) to procure up to three additional Geostationary 
        Operational Environmental NEXT Satellites (GOES I-M clones) and 
        instruments; and
            (2) for contracts, and amendments or modifications of 
        contracts, with the developer of previous GOES-NEXT satellites 
        for the acquisition of the additional satellites and 
        instruments described in paragraph (1).
    (d) Environmental Data and Information Services.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out its environmental 
data and information services duties, $31,207,000 for fiscal year 1996. 
Such duties include climate data services, geophysical data services, 
and environmental assessment and information services.
    (e) National Polar-Orbiting Operational Environmental Satellite 
System Program Authorization.--Of the sums authorized in subsection 
(a), there are authorized to be appropriated to the Secretary, for 
fiscal year 1996, $39,500,000, to remain available until expended, for 
the procurement of the National Polar- Orbiting Operational 
Environmental Satellite System, and the procurement of the launching 
and supporting ground systems of such satellites.

                       TITLE II--MARINE RESEARCH

SEC. 201. NATIONAL OCEAN SERVICE.

    (a) Mapping and Charting.--There are authorized to be appropriated 
to the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out mapping and charting activities under the 
Act of 1947 and any other law involving those activities, $29,149,000.
    (b) Geodesy.--There are authorized to be appropriated to the 
Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out geodesy activities under the Act of 1947 
and any other law involving those activities, $19,927,000 for fiscal 
year 1996.
    (c) Observation and Prediction.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to carry out observation and prediction 
        activities under the Act of 1947 and any other law involving 
        those activities, $11,279,000 for fiscal year 1996.
            (2) Circulatory survey program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out the Circulatory 
        Survey Program, $695,000 for fiscal year 1996.
            (3) Ocean and earth sciences.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out ocean and earth 
        science activities, $4,231,000 for fiscal year 1996.
    (d) Estuarine and Coastal Assessment.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to support estuarine and coastal assessment 
        activities under the Act of 1947 and any other law involving 
        those activities, $1,171,000 for fiscal year 1996.
            (2) Ocean assessment.--In addition to amounts authorized 
        under paragraph (1), there are authorized to be appropriated to 
        the Secretary, to enable the National Oceanic and Atmospheric 
        Administration to carry out the National Status and Trends 
        Program, the Strategic Environmental Assessment Program, and 
        the Hazardous Materials Response Program, $8,401,000 for fiscal 
        year 1996.
            (3) Damage assessment program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out the Damage 
        Assessment Program, $585,000 for fiscal year 1996.
            (4) Coastal ocean program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out the Coastal Ocean 
        Program, $9,158,000 for fiscal year 1996.

SEC. 202. OCEAN AND GREAT LAKES RESEARCH.

    (a) Marine Prediction Research.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out marine prediction research 
activities under the Act of 1947, the Act of 1890, and any other law 
involving those activities, $13,763,000 for fiscal year 1996.
    (b) National Sea Grant College Program.--(1) Section 212(a) of the 
National Sea Grant College Program Act (33 U.S.C. 1131(a)) is amended 
to read as follows:
    ``(a) Grants and Contracts; Fellowships.--There are authorized to 
be appropriated to carry out sections 205 and 208, $34,500,000 for 
fiscal year 1996.''.
    (2) Section 212(b) of the National Sea Grant College Program Act 
(33 U.S.C. 1131(b)) is amended by striking ``an amount'' and all that 
follows through ``not to exceed $2,900,000'' and inserting in lieu 
thereof ``$1,500,000 for fiscal year 1996''.
    (3) Section 203(4) of the National Sea Grant College Program Act 
(33 U.S.C. 1122(4)) is amended by striking ``discipline or field'' and 
all that follows through ``public administration)'' and inserting in 
lieu thereof ``field or discipline involving scientific research''.

                       TITLE III--PROGRAM SUPPORT

SEC. 301. PROGRAM SUPPORT.

    (a) Executive Direction and Administrative Activities.--There are 
authorized to be appropriated to the Secretary, to enable the National 
Oceanic and Atmospheric Administration to carry out executive direction 
and administrative activities under the Act of 1970 and any other law 
involving those activities, $20,632,000 for fiscal year 1996.
    (b) Central Administrative Support.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out central administrative support 
activities under the Act of 1970 and any other law involving those 
activities, $30,000,000 for fiscal year 1996.
    (c) Retired Pay.--There are authorized to be appropriated to the 
Secretary, for retired pay for retired commissioned officers of the 
National Oceanic and Atmospheric Administration under the Act of 1970, 
$7,706,000 for fiscal year 1996.
    (d) Marine Services.--
            (1) Contracting authority.--Notwithstanding any other 
        provision of law, the Secretary is authorized to enter into 
        contracts for data or days-at-sea to fulfill the National 
        Oceanic and Atmospheric Administration missions of marine 
        research, climate research, fisheries research, and mapping and 
        charting services.
            (2) UNOLS vessel agreements.--In fulfilling the National 
        Oceanic and Atmospheric Administration mission requirements 
        described in paragraph (1), the Secretary shall use excess 
        capacity of University-National Oceanographic Laboratory System 
        vessels where appropriate, and may enter into memoranda of 
        agreement with operators of those vessels to carry out those 
        mission requirements.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary, to enable the National 
        Oceanic and Atmospheric Administration to carry out marine 
        services activities, including activities described in 
        paragraphs (1) and (2), $60,689,000 for fiscal year 1996.
    (e) Aircraft Services.--There are authorized to be appropriated to 
the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out aircraft services activities (including 
aircraft operations, maintenance, and support) under the Act of 1970 
and any other law involving those activities, $9,548,000 for fiscal 
year 1996.
    (f) Facilities Repairs and Renovations.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out facilities repairs and 
renovations, $7,374,000 for fiscal year 1996.
                  TITLE IV--STREAMLINING OF OPERATIONS

SEC. 401. PROGRAM TERMINATIONS.

    (a) Terminations.--No funds may be appropriated for the following 
programs and accounts:
            (1) The National Undersea Research Program.
            (2) The Fleet Modernization, Shipbuilding, and Construction 
        Account.
            (3) The Charleston, South Carolina, Special Management 
        Plan.
            (4) Chesapeake Bay Observation Buoys.
            (5) Federal/State Weather Modernization Grants.
            (6) The Southeast Storm Research Account.
            (7) The Southeast United States Caribbean Fisheries 
        Oceanographic Coordinated Investigations Program.
            (8) National Institute for Environmental Renewal.
            (9) The Lake Champlain Study.
            (10) The Maine Marine Research Center.
            (11) The South Carolina Cooperative Geodetic Survey 
        Account.
            (12) Pacific Island Technical Assistance.
            (13) Sea Grant/Oyster Disease Account.
            (14) National Coastal Research and Development Institute 
        Account.
            (15) VENTS program.
            (16) National Weather Service Agriculture and Fruit Frost 
        Program.
            (17) National Weather Service Fire Weather Service.
            (18) National Weather Service Regional Climate Centers.
            (19) National Weather Service Samoa Weather Forecast Office 
        Repair and Upgrade Account.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Science of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report certifying that all the 
programs listed in subsection (a) will be terminated no later than 
September 30, 1995.
    (c) Repeal of Sea Grant Programs.--
            (1) Repeals.--(A) Section 208(b) of the National Sea Grant 
        College Program Act (33 U.S.C. 1127(b)) is repealed.
            (B) Section 3 of the Sea Grant Program Improvement Act of 
        1976 (33 U.S.C. 1124a) is repealed.
            (2) Conforming amendment.--Section 209(b)(1) of the 
        National Sea Grant College Program Act (33 U.S.C. 1128(b)(1)) 
        is amended by striking ``and section 3 of the Sea Grant 
        Improvement Act of 1976''.
    (d) Additional Repeal.--The NOAA Fleet Modernization Act (33 U.S.C. 
851 note) is repealed.

SEC. 402. LIMITATION ON APPROPRIATIONS.

    (a) Subsequent Fiscal Years.--Notwithstanding any other provision 
of law, no funds are authorized to be appropriated for any fiscal year 
after fiscal year 1996 for carrying out the programs for which funds 
are authorized by this Act.
    (b) Fiscal Year 1996.--No more than $1,692,470,000 is authorized to 
be appropriated to the Secretary for fiscal year 1996, by this Act or 
any other Act, to enable the National Oceanic and Atmospheric 
Administration to carry out all activities associated with Operations, 
Research, and Facilities.
    (c) Reduction in Travel Budget.--Of the sums appropriated under 
this Act for Operations, Research, and Facilities, no more than 
$20,000,000 may be used for reimbursement of travel and related 
expenses for National Oceanic and Atmospheric Administration personnel.
SEC. 403. REDUCTION IN THE COMMISSIONED OFFICER CORPS.

    (a) Maximum Number.--The total number of commissioned officers on 
the active list of the National Oceanic and Atmospheric Administration 
shall not exceed--
            (1) 369 for fiscal year 1996;
            (2) 100 for fiscal year 1997; and
            (3) 50 for fiscal year 1998.
No such commissioned officers are authorized for any fiscal year after 
fiscal year 1998.
    (b) Separation Pay.--The Secretary may make separations required 
pursuant to subsection (a) without providing separation pay.

                         TITLE V--MISCELLANEOUS

SEC. 501. WEATHER DATA BUOYS.

    (a) Prohibition.--It shall be unlawful for any unauthorized person 
to remove, change the location of, obstruct, willfully damage, make 
fast to, or interfere with any weather data buoy established, 
installed, operated, or maintained by the National Data Buoy Center.
    (b) Civil Penalties.--The Administrator is authorized to assess a 
civil penalty against any person who violates any provision of this 
section in an amount of not more than $10,000 for each violation. Each 
day during which such violation continues shall be considered a new 
offense. Such penalties shall be assessed after notice and opportunity 
for a hearing.
    (c) Rewards.--The Administrator may offer and pay rewards for the 
apprehension and conviction, or for information helpful therein, of 
persons found interfering, in violation of law, with data buoys 
maintained by the National Data Buoy Center; or for information leading 
to the discovery of missing National Weather Service property or the 
recovery thereof.

SEC. 502. DUTIES OF THE NATIONAL WEATHER SERVICE.

    (a) In General.--To protect life and property and enhance the 
national economy, the Secretary, through the National Weather Service, 
except as outlined in subsection (b), shall be responsible for--
            (1) forecasts and shall serve as the sole official source 
        of weather warnings;
            (2) the issue of storm warnings;
            (3) the collection, exchange, and distribution of 
        meteorological, hydrological, climatic, and oceanographic data 
        and information; and
            (4) the preparation of hydrometeorological guidance and 
        core forecast information.
    (b) Competition With Private Sector.--The National Weather Service 
shall not compete, or assist other entities to compete, with the 
private sector when a service is currently provided or can be provided 
by commercial enterprise, unless--
            (1) the Secretary finds that the private sector is 
        unwilling or unable to provide the services; and
            (2) the service provides vital weather warnings and 
        forecasts for the protection of lives and property of the 
        general public.
    (c) Amendments.--The Act of 1890 is amended--
            (1) by striking section 3 (15 U.S.C. 313); and
            (2) in section 9 (15 U.S.C. 317), by striking all after 
        ``Department of Commerce'' and inserting in lieu thereof a 
        period.
    (d) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Science of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing all National 
Weather Service activities which do not conform to the requirements of 
this section and outlining a timetable for their termination.

SEC. 503. REIMBURSEMENT OF EXPENSES.

    (a) In General.--Notwithstanding section 3302 (b) and (c) of title 
31, United States Code, and subject to subsection (b) of this section, 
all amounts received by the United States in settlement of, or judgment 
for, damage claims arising from the October 9, 1992, allision of the 
vessel ZACHERY into the National Oceanic and Atmospheric Administration 
research vessel DISCOVERER--
            (1) shall be retained as an offsetting collection in the 
        Marine Services account of the National Oceanic and Atmospheric 
        Administration;
            (2) shall be deposited in that account upon receipt by the 
        United States Government; and
            (3) shall be available only for obligation for National 
        Oceanic and Atmospheric Administration vessel repairs.
    (b) Limitation.--Not more than $518,757.09 of the amounts referred 
to in subsection (a) may be deposited into the Marine Services account 
pursuant to subsection (a).
                                 <all>
HR 1815 IH----2