[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).
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HR 1815 IH----2