[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1278 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H.R. 1278

To authorize appropriations for the activities of the National Oceanic 
and Atmospheric Administration for fiscal years 1998 and 1999, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 1997

 Mr. Calvert 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 activities of the National Oceanic 
and Atmospheric Administration for fiscal years 1998 and 1999, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Oceanic 
and Atmospheric Administration Authorization Act of 1997''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
         TITLE I--ATMOSPHERIC, WEATHER, AND SATELLITE PROGRAMS

Sec. 101. National Weather Service.
Sec. 102. Atmospheric research.
Sec. 103. National Environmental Satellite, Data, and Information 
                            Service.
                       TITLE II--MARINE RESEARCH

Sec. 201. National Ocean Service.
Sec. 202. Ocean and Great Lakes marine prediction research.
             TITLE III--PROGRAM SUPPORT AND OTHER ACCOUNTS

Sec. 301. Program support.
Sec. 302. Other accounts.
                  TITLE IV--STREAMLINING OF OPERATIONS

Sec. 401. Programs.
Sec. 402. Limitations on appropriations.
Sec. 403. Disestablishment of the Corps of Commissioned Officers.
                         TITLE V--MISCELLANEOUS

Sec. 501. Weather data buoys.
Sec. 502. Duties of the National Weather Service.
Sec. 503. Marine services.
Sec. 504. National Oceanographic Partnership Program.
Sec. 505. Limitations.
Sec. 506. Notice.
Sec. 507. Sense of Congress on the Year 2000 problem.

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, $458,131,000 for fiscal year 
1998 and $451,074,000 for fiscal year 1999. 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.--(1) 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, $89,713,000 for fiscal 
year 1998 (including amounts as provided in subsection (c)) and 
$74,453,000 for fiscal year 1999. Such duties include the development, 
acquisition, and implementation of major public warning and forecast 
systems, including the upgrade of computer facilities. None of the 
funds authorized under this subsection shall be used for the purposes 
for which funds are authorized under subsection (f).
    (2) Of the amounts authorized under paragraph (1), $39,591,000 for 
fiscal year 1998 and $39,887,000 for fiscal year 1999 shall be for Next 
Generation Weather Radar (NEXRAD) program management, operations, and 
maintenance.
    (c) New NEXRAD Installations.--Of the amount authorized under 
subsection (b)(1) for fiscal year 1998, $15,000,000 shall be for the 
acquisition and deployment of NEXRAD systems--
            (1) identified as necessary to prevent degradation of 
        weather service caused by gaps in radar coverage, in National 
        Weather Service follow-up studies to the Secretary's Report to 
        Congress on Adequacy of NEXRAD Coverage and Degradation of 
        Weather Services Under National Weather Service Modernization 
        for 32 Areas of Concern, dated October 12, 1995; and
            (2) recommended and approved by the Secretary,
including program management, facilities, operations, and maintenance 
through September 30, 1999.
    (d) ASOS Program Authorization.--Of the sums authorized in 
subsection (b)(1), $9,835,000 for fiscal year 1998 and $9,942,000 for 
fiscal year 1999 are authorized to be appropriated to the Secretary, 
for the acquisition and deployment of--
            (1) the Automated Surface Observing System (ASOS) and 
        related systems, including multisensor and backup arrays for 
        National Weather Service sites at airports; and
            (2) 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.
    (e) Computer Facility Upgrades.--Of the sums authorized in 
subsection (b)(1), $13,910,000 for fiscal year 1998 and $13,400,000 for 
fiscal year 1999 are authorized to be appropriated to the Secretary 
for--
            (1) the continued lease and maintenance of the Cray C-90 
        supercomputer; and
            (2) the Upgrade of the Central Computer Facility (to 
        provide for payment toward the Cray J-916 systems buyout, to 
        complete the National Weather Service telecommunications 
        gateway upgrade, and to cover all associated activities, 
        including program management and operations and maintenance).
    (f) AWIPS Program Authorization.--(1) There are to be authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the acquisition, deployment, 
program management, operation, and maintenance of the Advanced Weather 
Interactive Processing System (AWIPS), $116,910,000 for fiscal year 
1998 and $82,029,000 for fiscal year 1999.
    (2) Of the sums authorized in paragraph (1), except as provided in 
paragraph (3), there are authorized to be appropriated to the Secretary 
for all fiscal years beginning after September 30, 1997, an aggregate 
of $186,300,000, to remain available until expended, to complete the 
acquisition and deployment of AWIPS and NOAAPort and to cover all 
associated activities, including program management and operations and 
maintenance through September 30, 1999.
    (3) No funds are authorized to be appropriated for any fiscal year 
under paragraph (1) unless, within 60 days after the submission of the 
President's budget request for such fiscal year, the Secretary--
            (A) certifies to the Congress that--
                    (i) the systems meet the technical performance 
                specifications included in the system contract as in 
                effect on August 11, 1995;
                    (ii) the systems can be fully deployed, sited, and 
                operational without requiring further appropriations 
                beyond amounts authorized under paragraph (1); and
                    (iii) the Secretary does not foresee any delays in 
                the systems deployment and operations schedule; or
            (B) submits to the Congress a report which describes--
                    (i) the circumstances which prevent a certification 
                under subparagraph (A);
                    (ii) remedial actions undertaken or to be 
                undertaken with respect to such circumstances;
                    (iii) the effects of such circumstances on the 
                systems deployment and operations schedule and systems 
                coverage; and
                    (iv) a justification for proceeding with the 
                program, if appropriate.
    (g) 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, $13,823,000 for fiscal year 1998 and $8,189,000 for fiscal 
year 1999. Such activities include planning, design, and land 
acquisition related to such offices.
    (h) National Centers for Environmental Prediction Restructuring.--
There are authorized to be appropriated to the Secretary to enable the 
National Oceanic and Atmospheric Administration to carry out 
restructuring of the National Meteorological Center into the National 
Centers for Environmental Prediction, $700,000 for fiscal year 1998 and 
$809,000 for fiscal year 1999.
    (i) Facilities.--There are authorized to be appropriated to the 
Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out NEXRAD Weather Service Office maintenance, 
$2,950,000 for fiscal year 1998 and $2,950,000 for fiscal year 1999.
    (j) Weather Service Modernization.--The Weather Service 
Modernization Act (15 U.S.C. 313 note) is amended--
            (1) in section 706--
                    (A) by amending subsection (b) to read as follows:
    ``(b) Certification.--The Secretary may not close, automate, or 
relocate any field office unless the Secretary has certified to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives that such 
action will not result in degradation of service to the affected area. 
Such certification shall be in accordance with the modernization 
criteria established under section 704.'';
                    (B) by striking subsections (c), (d), (e), and (f); 
                and
                    (C) by inserting after subsection (b) the following 
                new subsections:
    ``(c) Special Circumstances.--The Secretary may not close or 
relocate any field office which is located at an airport, if the 
Secretary, in consultation with the Secretary of Transportation and the 
Committee, determines as a result of the Air Safety Appraisal, 
completed and signed by the National Weather Service and the Federal 
Aviation Administration on December 9, 1996, that such action will 
result in degradation of service that affects aircraft safety.
    ``(d) Public Liaison.--The Secretary shall maintain for a period of 
at least two years after the closure of any weather office a program 
to--
            ``(1) provide timely information regarding the activities 
        of the National Weather Service which may affect service to the 
        community, including modernization and restructuring; and
            ``(2) work with area weather service users, including 
        persons associated with general aviation, civil defense, 
        emergency preparedness, and the news media, with respect to the 
        provision of timely weather warnings and forecasts.''; and
            (2) in section 707--
                    (A) by amending subsection (c) to read as follows:
    ``(c) Duties.--The Committee shall advise the Congress and the 
Secretary on--
            ``(1) the implementation of the Strategic Plan, annual 
        development of the Plan, and establishment and implementation 
        of modernization criteria; and
            ``(2) matters of public safety and the provision of weather 
        services which relate to the comprehensive modernization of the 
        National Weather Service.''; and
                    (B) by amending subsection (f) to read as follows:
    ``(f) Termination.--The Committee shall terminate--
            ``(1) on September 30, 1997; or
            ``(2) 90 days after the deadline for public comment on the 
        modernization criteria for closure certification published in 
        the Federal Register pursuant to section 704(b)(2),
whichever occurs later.''.
    (k) Bi-Agency Working Group.--The National Weather Service is 
encouraged to follow through on the recommendation contained in the 
document entitled ``Secretary's Report to Congress on Adequacy of 
NEXRAD Coverage and Degradation of Weather Services Under National 
Weather Service Modernization for 32 Areas of Concern'', dated October 
12, 1995, to initiate a dialogue with the Federal Aviation 
Administration to form a bi-agency working group to assess further the 
potential for National Weather Service operational use of Federal 
Aviation Administration weather radar data, and to define engineering 
considerations that would be involved in implementing a data-sharing 
link between the Federal Aviation Administration and the National 
Weather Service.
    (l) NEXRAD Operational Availability and Reliability.--(1) The 
Secretary of Defense, in conjunction with the Administrator, shall take 
steps to ensure that NEXRADs operated by the Department of Defense that 
provide primary detection coverage over a portion of their ranges 
function as fully committed, reliable elements of the National Weather 
Radar Network, operating with the same standards, quality, and 
availability as the National Weather Service-operated NEXRADs.
    (2) NEXRADs operated by the Department of Defense that provide 
primary detection coverage over a portion of their ranges are to be 
considered as integral parts of the National Weather Radar Network.

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, $109,902,000 for fiscal year 1998 and $111,803,000 for 
fiscal year 1999. Such duties include interannual and seasonal climate 
research, long-term climate and air quality research, and high-
performance computing and communications.
    (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, 
$43,456,000 for fiscal year 1998 and $44,194,000 for fiscal year 1999. 
Such duties include research for developing improved prediction 
capabilities for atmospheric processes, as well as solar-terrestrial 
research and services.
    (c) Acquisition of Data.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out data acquisition activities of the Office 
of Oceanic and Atmospheric Research, $12,884,000 for fiscal year 1998 
and $12,884,000 for fiscal year 1999.
    (d) Boulder Laboratory Administrative Support Center.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to continue the modifications to 
the Boulder Laboratory in Boulder, Colorado, to meet programmatic 
requirements, $1,900,000 for fiscal year 1998 and $9,078,000 for fiscal 
year 1999.

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, $346,344,000 for fiscal year 1998 and $522,255,000 for fiscal 
year 1999, to remain available until expended. 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 $82,905,000 for fiscal year 1998 and $172,684,000 for fiscal 
year 1999, to remain available until expended, for the procurement and 
launch of, and supporting ground systems for, Polar Orbiting 
Environmental Satellites (POES), K, L, M, N, and N'.
    (c) NPOESS Program Authorization.--Of the sums authorized in 
subsection (a), there are authorized to be appropriated to the 
Secretary, $51,503,000 for fiscal year 1998 and $35,000,000 for fiscal 
year 1999, to remain available until expended, for the procurement of 
the National Polar-Orbiting Operational Environmental Satellite System 
(NPOESS), and the procurement and launch of, and supporting ground 
systems for, such satellites.
    (d) GOES N-Q.--Of the sums authorized in subsection (a), there are 
authorized to be appropriated to the Secretary $147,819,000 for fiscal 
year 1998 and $256,421,000 for fiscal year 1999 to procure up to three 
Geostationary Operational Environmental NEXT follow-on Satellites (GOES 
N-Q), instruments, launching, and supporting ground systems.
    (e) Other Programs.--Of the sums authorized in subsection (a), 
there are authorized to be appropriated to the Secretary $9,970,000 for 
fiscal year 1998 and $5,300,000 for fiscal year 1999, for the Wallops 
Island backup, product development, and operating adjustment activities 
of the Geostationary Operational Environmental Satellite program.
    (f) Ocean Remote Sensing.--There are authorized to be appropriated 
to the Secretary to enable the National Oceanic and Atmospheric 
Administration to carry out ocean remote sensing activities, $3,800,000 
for fiscal year 1998 and $3,800,000 for fiscal year 1999.
    (g) 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, $43,835,000 for fiscal year 1998 
and $43,835,000 for fiscal year 1999. Such duties include climate data 
services, geophysical data services, and environmental assessment and 
information services.

                       TITLE II--MARINE RESEARCH

SEC. 201. NATIONAL OCEAN SERVICE.

    (a) Navigation Services.--
            (1) 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, $36,100,000 for fiscal year 1998 
        and $36,100,000 for fiscal year 1999.
            (2) 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, $19,159,000 
        for fiscal year 1998 and $19,159,000 for fiscal year 1999.
            (3) Tide and current data.--There are authorized to be 
        appropriated to the Secretary, to enable the National Oceanic 
        and Atmospheric Administration to carry out tide and current 
        observation activities under the Act of 1947 and any other law 
        involving those activities, $11,000,000 for fiscal year 1998 
        and $11,187,000 for fiscal year 1999.
    (b) 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, $2,674,000 for fiscal year 1998 and 
        $2,719,000 for fiscal year 1999.
            (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 and Assessment Program, 
        $28,425,000 for fiscal year 1998 and $27,840,000 for fiscal 
        year 1999.
            (3) Oil pollution act of 1990.--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 Oil Pollution Act 
        of 1990 activities, $1,000,000 for fiscal year 1998 and 
        $1,017,000 for fiscal year 1999.
            (4) Ocean services.--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 services duties, $2,800,000 
        for fiscal year 1998 and $2,848,000 for fiscal year 1999. Such 
        duties include acquisition of sea-surface and ocean temperature 
        profiles from specially instrumented commercial vessels, and 
        storing and archiving the acquired data.
    (c) Coastal Ocean Program.--There are authorized to be appropriated 
to the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out the Coastal Ocean Program, $15,200,000 for 
fiscal year 1998 and $15,458,000 for fiscal year 1999.
    (d) Acquisition of Data.--There are authorized to be appropriated 
to the Secretary, to enable the National Oceanic and Atmospheric 
Administration to carry out data acquisition activities of the National 
Ocean Service, $14,546,000 for fiscal year 1998 and $14,546,000 for 
fiscal year 1999.

SEC. 202. OCEAN AND GREAT LAKES 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, $17,326,000 for fiscal 
year 1998 and $17,620,000 for fiscal year 1999.

             TITLE III--PROGRAM SUPPORT AND OTHER ACCOUNTS

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, $18,240,000 for fiscal year 1998 and 
$17,328,000 for fiscal year 1999.
    (b) Systems Acquisition Office.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out Systems Acquisition Office 
activities, $1,423,000 for fiscal year 1998 and $1,351,000 for fiscal 
year 1999.
    (c) 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, $31,350,000 for fiscal year 1998 and $29,783,000 for fiscal 
year 1999.
    (d) 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, 
$14,000,000 for fiscal year 1998.
    (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, $9,900,000 for fiscal 
year 1998 and $9,900,000 for fiscal year 1999.

SEC. 302. OTHER ACCOUNTS.

    (a) Fleet Maintenance and Planning.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out fleet maintenance and planning 
activities, $11,823,000 for fiscal year 1998 and $11,823,000 for fiscal 
year 1999.
    (b) Recoveries From Prior Years.--The total amount authorized to be 
appropriated pursuant to this Act is reduced by $25,500,000 for fiscal 
year 1998 and $14,000,000 for fiscal year 1999 to reflect the use of 
prior year balances.

                  TITLE IV--STREAMLINING OF OPERATIONS

SEC. 401. PROGRAMS.

    (a) Programs.--No funds are authorized to be appropriated for the 
following programs and accounts:
            (1) The National Undersea Research Program.
            (2) Fleet Replacement in the Capital Assets Acquisition 
        Account.
            (3) Federal/State Weather Modification Grants.
            (4) The Southeast Storm Research Account.
            (5) National Institute for Environmental Renewal.
            (6) National Weather Service non-Federal, non-wildfire Fire 
        Weather Service.
            (7) National Weather Service Regional Climate Centers.
            (8) Goddard Science Center.
            (9) National Weather Service Samoa Weather Forecast Office 
        Repair and Upgrade Account.
            (10) Dissemination of Weather Charts (Marine Facsimile 
        Service).
            (11) National Coastal Resources and Development Institute 
        Account.
            (12) Global Learning and Observations to Benefit the 
        Environment program.
    (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, 1997.
    (c) Repeal of NOAA Fleet Modernization Act.--The NOAA Fleet 
Modernization Act (33 U.S.C. 851 note) is repealed.

SEC. 402. LIMITATIONS ON APPROPRIATIONS.

    (a) Maximum Amounts; Operations, Research, and Facilities.--No more 
than $1,039,206,000 for fiscal year 1998 and $1,020,131,000 for fiscal 
year 1999 are authorized to be appropriated to the Secretary by this 
Act and any other Act, to enable the National Oceanic and Atmospheric 
Administration to carry out all activities associated with Operations, 
Research, and Facilities.
    (b) Maximum Amounts; Capital Assets Acquisition.--No more than 
$490,692,000 for fiscal year 1998 and $644,801,000 for fiscal year 1999 
are authorized to be appropriated to the Secretary by this Act and any 
other Act, to enable the National Oceanic and Atmospheric 
Administration to carry out all activities associated with Capital 
Assets Acquisition.
    (c) Reduction in Travel Budget.--Of the sums appropriated under 
this Act for Operations, Research, and Facilities, no more than 
$20,000,000 for fiscal year 1998 and $20,500,000 for fiscal year 1999 
may be used for reimbursement of travel and related expenses for 
National Oceanic and Atmospheric Administration personnel.

SEC. 403. DISESTABLISHMENT OF THE CORPS OF COMMISSIONED OFFICERS.

    (a) Number of Officers.--Notwithstanding section 8 of the Act of 
June 3, 1948 (33 U.S.C. 853g), no commissioned officers are authorized 
for any fiscal year after fiscal year 1997.
    (b) Severance Pay.--Commissioned officers may be separated from the 
active list of the National Oceanic and Atmospheric Administration. In 
lieu of separation pay, officers so separated shall be eligible only 
for severance pay in accordance with the terms and conditions of 
section 5595 of title 5, United States Code, and only to the extent 
provided in advance in appropriations Acts.
    (c) Transfer.--(1) Subject to the approval of the Secretary of 
Defense and under terms and conditions specified by the Secretary, 
commissioned officers subject to subsection (a) may transfer to the 
armed services under section 716 of title 10, United States Code.
    (2) Subject to the approval of the Secretary of Transportation and 
under terms and conditions specified by the Secretary, commissioned 
officers subject to subsection (a) may transfer to the United States 
Coast Guard under section 716 of title 10, United States Code.
    (3) Subject to the approval of the Administrator of the National 
Oceanic and Atmospheric Administration and under terms and conditions 
specified by that Administrator, a commissioned officer subject to 
subsection (a) may be employed by the National Oceanic and Atmospheric 
Administration as a member of the civil service, if the Administrator 
considers that individual to be the best available candidate for the 
position. No new civil service position may be created pursuant to this 
paragraph.
    (4) The Administrator shall, before December 1, 1997, transmit to 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report listing all officers employed by the National Oceanic and 
Atmospheric Administration under paragraph (3), a description of their 
responsibilities as members of the NOAA Corps, and a description of 
their responsibilities as civil service employees of the National 
Oceanic and Atmospheric Administration.
    (d) Repeals.--(1) The following provisions of law are repealed:
            (A) The Coast and Geodetic Survey Commissioned Officers' 
        Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).
            (B) The Act of February 16, 1929 (Chapter 221, section 5; 
        45 Stat. 1187; 33 U.S.C. 852a).
            (C) The Act of January 19, 1942 (Chapter 6; 56 Stat. 6).
            (D) Section 9 of Public Law 87-649 (76 Stat. 495).
            (E) The Act of May 22, 1917 (Chapter 20, section 16; 40 
        Stat. 87; 33 U.S.C. 854 et seq.).
            (F) The Act of December 3, 1942 (Chapter 670; 56 Stat. 
        1038.
            (G) Sections 1 through 5 of Public Law 91-621 (84 Stat. 
        1863; 33 U.S.C. 857-1 et seq.).
            (H) The Act of August 10, 1956 (Chapter 1041, section 3; 
        70A Stat. 619; 33 U.S.C. 857a).
            (I) The Act of May 18, 1920 (Chapter 190, section 11; 41 
        Stat. 603; 33 U.S.C. 864).
            (J) The Act of July 22, 1947 (Chapter 286; 61 Stat. 400; 33 
        U.S.C. 873, 874).
            (K) The Act of August 3, 1956 (Chapter 932; 70 Stat. 988; 
        33 U.S.C. 875, 876).
            (L) All other Acts inconsistent with this subsection.
Following the repeal of provisions under this paragraph, all retirement 
benefits for the NOAA Corps which are in existence on September 30, 
1997, shall continue to apply to eligible NOAA Corps officers and 
retirees.
    (2) The effective date of the repeals under paragraph (1) shall be 
October 1, 1997.
    (e) Abolition.--The Office of the National Oceanic and Atmospheric 
Administration Corps of Operations and the Commissioned Personnel 
Center are abolished effective September 30, 1997.

                         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 Agriculture'' 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. MARINE SERVICES.

    (a) Service Contracts.--Notwithstanding any other provision of law 
and subject to the availability of appropriations, the Secretary shall 
enter into contracts, including multiyear contracts, subject to 
subsection (c), for the use of vessels to conduct oceanographic 
research and fisheries research, monitoring, enforcement, and 
management, and to acquire other data necessary to carry out the 
missions of the National Oceanic and Atmospheric Administration. The 
Secretary shall enter into these contracts unless--
            (1) the cost of the contract is more than the cost 
        (including the cost of vessel operation, maintenance, and all 
        personnel) to the National Oceanic and Atmospheric 
        Administration of obtaining those services on vessels of the 
        National Oceanic and Atmospheric Administration;
            (2) the contract is for more than 7 years; or
            (3) the data is acquired through a vessel agreement 
        pursuant to subsection (d).
    (b) Vessels.--The Secretary may not enter into any contract for the 
construction, lease-purchase, upgrade, or service life extension of any 
vessel.
    (c) Multiyear Contracts.--
            (1) In general.--Subject to paragraphs (2) and (3), and 
        notwithstanding section 1341 of title 31, United States Code, 
        and section 11 of title 41, United States Code, the Secretary 
        may acquire data under multiyear contracts.
            (2) Required findings.--The Secretary may not enter into a 
        contract pursuant to this subsection unless the Secretary finds 
        with respect to that contract that there is a reasonable 
        expectation that throughout the contemplated contract period 
        the Secretary will request from Congress funding for the 
        contract at the level required to avoid contract termination.
            (3) Required provisions.--The Secretary may not enter into 
        a contract pursuant to this subsection unless the contract 
        includes--
                    (A) a provision under which the obligation of the 
                United States to make payments under the contract for 
                any fiscal year is subject to the availability of 
                appropriations provided in advance for those payments;
                    (B) a provision that specifies the term of 
                effectiveness of the contract; and
                    (C) appropriate provisions under which, in case of 
                any termination of the contract before the end of the 
                term specified pursuant to subparagraph (B), the United 
                States shall only be liable for the lesser of--
                            (i) an amount specified in the contract for 
                        such a termination; or
                            (ii) amounts that were appropriated before 
                        the date of the termination for the performance 
                        of the contract or for procurement of the type 
                        of acquisition covered by the contract and are 
                        unobligated on the date of the termination.
    (d) Vessel Agreements.--The Secretary shall use excess capacity of 
University National Oceanographic Laboratory System vessels where 
appropriate and may enter into memoranda of agreement with the 
operators of these vessels to carry out this requirement.

SEC. 504. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

    The National Oceanic and Atmospheric Administration is authorized 
to participate in the National Oceanic Partnership Program established 
by the National Oceanic Partnership Act (Public Law 104-201).

SEC. 505. LIMITATIONS.

    (a) Prohibition of Lobbying Activities.--None of the funds 
authorized by this Act shall be available for any activity whose 
purpose is to influence legislation pending before the Congress, except 
that this subsection shall not prevent officers or employees of the 
United States or of its departments or agencies from communicating to 
Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.
    (b) Limitation on Appropriations.--Notwithstanding any other 
provision of law, no sums are authorized to be appropriated for fiscal 
years 1998 and 1999 for the activities for which sums are authorized by 
this Act, unless such sums are specifically authorized to be 
appropriated by this Act.
    (c) Eligibility for Awards.--
            (1) In general.--The Administrator shall exclude from 
        consideration for grant agreements made by the National Oceanic 
        and Atmospheric Administration after fiscal year 1997 any 
        person who received funds, other than those described in 
        paragraph (2), appropriated for a fiscal year after fiscal year 
        1997, under a grant agreement from any Federal funding source 
        for a project that was not subjected to a competitive, merit-
        based award process. Any exclusion from consideration pursuant 
        to this subsection shall be effective for a period of 5 years 
        after the person receives such Federal funds.
            (2) Exception.--Paragraph (1) shall not apply to the 
        receipt of Federal funds by a person due to the membership of 
        that person in a class specified by law for which assistance is 
        awarded to members of the class according to a formula provided 
        by law.
            (3) Definition.--For purposes of this subsection, the term 
        ``grant agreement'' means a legal instrument whose principal 
        purpose is to transfer a thing of value to the recipient to 
        carry out a public purpose of support or stimulation authorized 
        by a law of the United States, and does not include the 
        acquisition (by purchase, lease, or barter) of property or 
        services for the direct benefit or use of the United States 
        Government.

SEC. 506. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized by this Act 
are subject to a reprogramming action that requires notice to be 
provided to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall 
concurrently be provided to the Committees on Science and Resources of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
    (b) Notice of Reorganization.--The Administrator shall provide 
notice to the Committees on Science, Resources, and Appropriations of 
the House of Representatives, and the Committees on Commerce, Science, 
and Transportation and Appropriations of the Senate, not later than 15 
days before any major reorganization of any program, project, or 
activity of the National Oceanic and Atmospheric Administration.

SEC. 507. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 fast approaching, it is the sense of Congress 
that the National Oceanic and Atmospheric Administration should--
            (1) give high priority to correcting all 2-digit date-
        related problems in its computer systems to ensure that those 
        systems continue to operate effectively in the year 2000 and 
        beyond;
            (2) assess immediately the extent of the risk to the 
        operations of the National Oceanic and Atmospheric 
        Administration posed by the problems referred to in paragraph 
        (1), and plan and budget for achieving Year 2000 compliance for 
        all of its mission-critical systems; and
            (3) develop contingency plans for those systems that the 
        National Oceanic and Atmospheric Administration is unable to 
        correct in time.
                                 <all>