[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2360 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2360

 To authorize appropriations for the National Oceanic and Atmospheric 
  Administration for Fiscal Years 1999, 2000, and 2001, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 1998

 Ms. Snowe (for herself and Mr. Frist) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the National Oceanic and Atmospheric 
  Administration for Fiscal Years 1999, 2000, and 2001, 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 1998''.

SEC. 2. TABLE OF SECTIONS.

    The table of sections for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of sections.
Sec. 3. Definitions.
                              TITLE I--NOAA ATMOSPHERIC AND SATELLITE 
                                        PROGRAMS
Sec. 101. National Weather Service operations and research.
Sec. 102. Public warning and forecast systems.
Sec. 103. Climate and air quality research.
Sec. 104. Atmospheric research.
Sec. 105. Satellite observing systems.
Sec. 106. Environmental data management systems.
                              TITLE II--NOAA OCEAN AND COASTAL PROGRAMS
Sec. 201. National Ocean Service.
Sec. 202. Marine environmental research.
Sec. 203. National Undersea Research Program.
                              TITLE III--PROGRAM ADMINISTRATION AND 
                                        SUPPORT
Sec. 301. Program support.
                              TITLE IV--HYDROGRAPHIC SERVICES
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Functions of the Administrator.
Sec. 404. Quality assurance program.
Sec. 405. Reports.
Sec. 406. Authorization of appropriations.
                              TITLE V--NOAA CORPS
Sec. 501. Authorized number of commissioned Officers.
Sec. 502. Designation of the Director of the National Oceanic and 
                            Atmospheric Administration Corps.
Sec. 503. Relief from hiring freeze.
                              TITLE VI--NOAA FLEET
Sec. 601. NOAA fleet modernization plan.
                              TITLE VII--MISCELLANEOUS
Sec. 701. Elimination of Chief Scientist position.
Sec. 702. National Marine Sanctuaries Act.
Sec. 703. Malcolm Baldridge National Quality Award.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Act of 1890.--The term ``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 of the Department of Agriculture'', approved 
        October 1, 1890 (26 Stat. 653).
            (2) Act of 1947.--The term ``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) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (4) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, except as otherwise expressly provided.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.D23/

            TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS

SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to carry out the operations and research activities 
of the National Weather Service under law, $503,330,000 for fiscal year 
1999, $518,430,000 for fiscal year 2000, and $533,983,000 for fiscal 
year 2001. Funds appropriated pursuant to this authorization shall be 
used to fund those activities relating to National Weather Service 
operations and research specified by the Act of 1890, the Act of 1947, 
and any other law involving such activities. Such activities include 
meteorological, hydrological, and oceanographic public warnings and 
forecasts, as well as applied research in support of such warnings and 
forecasts.

SEC. 102. PUBLIC WARNING AND FORECAST SYSTEMS.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to improve its public warning and forecast systems 
under law, $152,843,000 for fiscal year 1999, $102,332,000 for fiscal 
year 2000, and $100,633,000 for fiscal year 2001. Funds appropriated 
pursuant to this authorization shall be used to fund those activities 
relating to public warning and forecast systems specified by the Act of 
1890, the Act of 1947, and any other law involving such activities. 
Such activities include the development, acquisition, and 
implementation of major public warning and forecast systems.

SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to carry out its climate and air quality research 
activities under law, $130,787,000 for fiscal year 1999, $134,711,000 
for fiscal year 2000, and $138,752,000 for fiscal year 2001. Funds 
appropriated pursuant to this authorization shall be used to fund those 
activities relating to climate and air quality research specified by 
the Act of 1890, the Act of 1947, and any other law involving such 
activities. Such activities include interannual and seasonal climate 
research, long-term climate and air quality research, and high 
performance computing.

SEC. 104. ATMOSPHERIC PROGRAMS.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to carry out its atmospheric research activities 
under law, $46,963,000 for fiscal year 1999, $48,372,000 for fiscal 
year 2000, and $49,823,000 for fiscal year 2001. Funds appropriated 
pursuant to this authorization shall be used to fund those activities 
relating to atmospheric research specified by the Act of 1890 and by 
any other law involving such activities. Such activities include 
research for developing improved observation and prediction 
capabilities for atmospheric processes, as well as solar-terrestrial 
services and research.

SEC. 105. SATELLITE OBSERVING SYSTEMS AND SYSTEMS ACQUISITION.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to carry out its satellite observing systems 
activities under law, $570,243,000 for fiscal year 1999, $578,350,000 
for fiscal year 2000, and $604,971,000 for fiscal year 2001. Such 
activities include spacecraft procurement, launch, and associated 
ground station system changes involving polar orbiting and 
geostationary environmental satellites and land remote-sensing 
satellites, as well as the operation of such satellites.

SEC. 106. ENVIRONMENTAL DATA MANAGEMENT SYSTEMS.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to carry out its data and information services 
activities under law, $46,835,000 in each of fiscal years 1999, 2000, 
and 2001. Funds appropriated pursuant to this authorization shall be 
used to fund those activities relating to data and information services 
specified by the Act of 1890 and by any other law involving such 
activities. Such activities include climate data services, ocean data 
services, geophysical data services, and environmental services data 
and information management.

               TITLE II--NOAA OCEAN AND COASTAL PROGRAMS

SEC. 201. NATIONAL OCEAN SERVICE.

    (a) Ocean Resources Conservation and Assessment Activities.--There 
are authorized to be appropriated to the Secretary, to enable the 
Administration to carry out ocean resources conservation and assessment 
activities $94,003,000 for each of fiscal years 1999, 2000, and 2001. 
This includes the Beaufort, Oxford, Charleston, and Great Lakes 
Environmental Research Laboratory components of the National Ocean 
Service.
    (B) Coastal Ocean Program.--Of the sum authorized under subsection 
(a), $17,800,000 for each of fiscal years 1999, 2000, and 2001 are 
authorized to be appropriated for the purposes of conducting a Coastal 
Ocean Program. Such program shall augment and integrate existing 
programs of the Administration and shall include efforts to improve 
predictions of fish stocks to better conserve and manage living marine 
resources, to prevent and control harmful algal blooms, to improve 
predictions of coastal ocean pollution to help correct and prevent 
degradation, and to improve predictions of coastal hazards to protect 
human life and personal property.

SEC. 202. MARINE ENVIRONMENTAL RESEARCH.

    There are authorized to be appropriated to the Secretary, to enable 
the Administration to carry out marine environmental research 
activities under the Act of 1947, the Act of 1890, and any other law 
involving those activities, $23,401,000 for each of fiscal years 1999, 
2000, and 2001.

SEC. 203. NATIONAL UNDERSEA RESEARCH PROGRAM.

    (a) Establishment.--The Administrator shall establish and maintain 
a National Undersea Research Program and shall designate a Director of 
such program.
    (b) Purpose.--The purpose of the National Undersea Research Program 
is to increase scientific knowledge essential for the wise use and 
conservation of oceanic, coastal, and large lake resources by 
conducting advanced undersea research, including exploration, sampling, 
observation, and experimentation.
    (c) Program.--The National Undersea Research Program shall be a 
national program conducted through a headquarters and a network of 
regional undersea research centers. Overall direction of the program 
shall be provided by the Director with the advice of a National 
Advisory Council. Research conducted through the program shall attain 
high standards of quality and be relevant to regional, national, and 
Administration needs.
    (d) Regional Centers.--
            (1) The undersea research activities of the National 
        Undersea Research Program shall be conducted by regional 
        National Undersea Research Centers.
            (2) Each regional National Undersea Research Center shall 
        annually solicit proposals for undersea research from the 
        scientific community in its region and shall, following high 
        standards of an open competition and peer review, submit a 
        prioritized list of such research proposals to the Director of 
the National Undersea Research Program.
    (e) Administration.--The Director may use up to 10 percent of the 
funds appropriated for the National Undersea Research Program for 
program administration and any undersea research activities identified 
by the Director.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section not more than $15,800,000 in 
each of fiscal years 1999, 2000, and 2001.

             TITLE III--PROGRAM ADMINISTRATION AND SUPPORT

SEC. 301. PROGRAM SUPPORT.

    (a) Administration and Services.--There are authorized to be 
appropriated to the Secretary, to enable the Administration to carry 
out administration and services activities (including executive 
direction and administration, administrative support, provision of 
retired pay of Administration commissioned officers, and policy 
development) under 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.), and any other law involving those 
activities, $58,750,000 for fiscal year 1999, $51,050,000 for fiscal 
year 2000, and $51,050,000 for fiscal year 2001.
    (b) Acquisition, Construction, Maintenance, and Operation of 
Facilities.--There are authorized to be appropriated to the Secretary, 
for acquisition, construction, maintenance, and operation of facilities 
of the Administration under any law involving those activities, 
$54,546,000 in each of fiscal years 1999, 2000, and 2001.
    (c) Acquisition of Data.--There are authorized to be appropriated 
to the Secretary, to enable the Administration to carry out vessel 
support activities (including ship operations, maintenance, and 
support) under the Act of 1947 and any other law involving those 
activities--
            (1) to the National Ocean Service to collect coastal 
        assessment data, $2,546,000 for fiscal year 1999, $2,622,000 
        for fiscal year 2000, and $2,701,000 for fiscal year 2001;
            (2) to the National Marine Fisheries Service to conduct 
        sustained fisheries scientific and survey operations in various 
        marine environments, $25,098,000 for fiscal year 1999, 
        $25,850,000 for fiscal year 2000, and $26,625,000 for fiscal 
        year 2001; and
            (3) to the Office of Oceanic and Atmospheric Research to 
        conduct sustained oceanographic and atmospheric data collection 
        in various marine environments, $12,884,000 for fiscal year 
        1999, $13,271,000 for fiscal year 2000, and $13,669,000 for 
        fiscal year 2001.
    (d) Fleet Maintenance and Planning.--There is authorized to be 
appropriated to the Secretary, to enable the Administration to carry 
out maintenance and repair of its ships and to plan for future ship 
capability, $11,600,000 for fiscal year 1999, $11,950,000 for fiscal 
year 2000, and $12,310,000 for fiscal year 2001.
    (e) Aircraft Services.--There are authorized to be appropriated to 
the Secretary, to enable the Administration to carry out aircraft 
services activities (including aircraft operations, maintenance, and 
support) under the Act of 1890 and any other law involving those 
activities, $10,500,000 for fiscal year 1999, $10,815,000 for fiscal 
year 2000, and $11,134,000 for fiscal year 2001.

                    TITLE IV--HYDROGRAPHIC SERVICES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Hydrographic Services Improvement 
Act of 1998''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Hydrographic data.--The term ``hydrographic data'' 
        means information acquired through hydrographic or bathymetric 
        surveying, photogrammetry, geodetic measurements, tide and 
        current observations, or other methods, that is used in 
        providing hydrographic services.
            (2) Hydrographic product.--The term ``hydrographic 
        product'' means any publicly or commercially available product 
        produced by a non-Federal entity that includes or displays 
        hydrographic data.
            (3) Hydrographic services.--The term ``hydrographic 
        services'' means--
                    (A) the management, maintenance, interpretation, 
                certification, and dissemination of bathymetric, 
                hydrographic, geodetic, and tide and current 
                information, including the production of nautical 
                charts, nautical information databases, and other 
                products derived from hydrographic data;
                    (B) the development of nautical information 
                systems; and
                    (C) related activities.

SEC. 403. FUNCTIONS OF THE ADMINISTRATOR.

    (a) Responsibilities.--To fulfill the data gathering and 
dissemination duties of the Administration under the Act of 1947, the 
Administrator shall--
            (1) acquire hydrographic data;
            (2) promulgate standards for hydrographic data used by the 
        Administration in providing hydrographic services;
            (3) promulgate standards for hydrographic services provided 
        by the Administration;
            (4) ensure comprehensive geographic coverage of 
        hydrographic services, in cooperation with other appropriate 
        Federal agencies;
            (5) maintain a national database of hydrographic data, in 
        cooperation with other appropriate Federal agencies;
            (6) provide hydrographic services in uniform, easily 
        accessible formats;
            (7) participate in the development of, and implement for 
        the United States in cooperation with other appropriate Federal 
        agencies, international standards for hydrographic data and 
        hydrographic services; and
            (8) to the extent practicable and cost-effective, fulfill 
        the requirements of paragraph (1) through contracts or other 
        agreements with private sector entities.
    (b) Authorities.--To fulfill the data gathering and dissemination 
duties of the Administration under the Act of 1947, and subject to the 
availability of appropriations, the Administrator--
            (1) may procure, lease, evaluate, test, develop, and 
        operate vessels, equipment, and technologies necessary to 
        ensure safe navigation and maintain operational expertise in 
        hydrographic data acquisition and hydrographic services;
            (2) may enter into contracts and other agreements with 
        qualified entities, consistent with subsection (a)(8), for the 
        acquisition of hydrographic data and the provision of 
        hydrographic services;
            (3) shall award contracts for the acquisition of 
        hydrographic data in accordance with title IX of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 541 
        et seq.); and
            (4) may design and install where appropriate Physical 
        Oceanographic Real-Time Systems to enhance navigation safety 
        and efficiency.

SEC. 404. QUALITY ASSURANCE PROGRAM.

    (a) Program.--
            (1) The Administrator may--
                    (A) develop and implement a quality assurance 
                program, under which the Administrator may certify 
                hydrographic products that satisfy the standards 
                promulgated by the Administrator under section 
                403(a)(3);
                    (B) authorize the use of the emblem or any 
                trademark of the Administration on a hydrographic 
                product certified under subparagraph (A); and
                    (C) charge a fee for such certification and use.
            (2) Any fee under paragraph (1)(C) shall not exceed the 
        costs of conducting the quality assurance testing, evaluation, 
        or studies necessary to determine whether the hydrographic 
        product satisfies the standards adopted under section 
        403(a)(3), including the cost of administering such a program.
    (b) Limitation on Liability.--The Government of the United States 
shall not be liable for any negligence by a person that produces 
hydrographic products certified under this section.
    (c) Hydrographic Services Account.--
            (1) There is established in the Treasury a separate 
        account, which shall be known as the Hydrographic Services 
        Account.
            (2) The account shall consist of--
                    (A) amounts received by the United States as fees 
                charged under subsection (a)(1)(C); and
                    (B) such other amounts as may be provided by law.
            (3) Fees deposited in this account during any fiscal year 
        pursuant to this section shall be deposited and credited as 
        offsetting collections to the Administration, Operations, 
        Research, and Facilities account.
    (d) Limitation on New Fees and Increases in Existing Fees for 
Hydrographic Services.--After the date of enactment of this Act, the 
Administrator may not increase the amount of any fee or other charge 
for the provision of any hydrographic service except as authorized by 
this section, section 1307 of title 44, United States Code, and section 
1 of Public Law 91-412 (15 U.S.C. 1525).

SEC. 405. REPORTS.

    (a) Ports.--Not later than 6 months after the date of enactment of 
this Act, the Administrator and the Commandant of the Coast Guard shall 
report to the Congress on--
            (1) the status of implementation of real-time tide and 
        current data systems in United States ports;
            (2) existing safety and efficiency needs in United States 
        ports that could be met by increased use of those systems; and
            (3) a plan for expanding those systems to meet those needs, 
        including an estimate of the cost of implementing those systems 
        in priority locations.
    (b) Maintaining Federal Expertise in Hydrographic Services.--
            (1) Not later than 6 months after the date of enactment of 
        this Act, the Administrator shall report to the Congress on a 
        plan to ensure that Federal competence and expertise in 
        hydrographic surveying will be maintained after the 
        decommissioning of the 3 existing Administration hydrographic 
        survey vessels.
            (2) The report shall include--
                    (A) an evaluation of the seagoing capacity, 
                personnel, and equipment necessary to maintain Federal 
                expertise in hydrographic services;
                    (B) an estimated schedule for decommissioning the 3 
                existing survey vessels;
                    (C) a plan to maintain Federal expertise in 
                hydrographic services after the decommissioning of 
                these vessels; and
                    (D) an estimate of the cost of carrying out this 
                plan.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator the 
following:
            (1) To carry out nautical mapping and charting functions 
        under the Act of 1947 and sections 403 and 404, except for 
        conducting hydrographic surveys, $33,000,000 for fiscal year 
        1999, $34,000,000 for fiscal year 2000, and $35,000,000 for 
        fiscal year 2001.
            (2) To conduct hydrographic surveys under section 
        403(a)(1), including the leasing of ships, $33,000,000 for 
        fiscal year 1999, $35,000,000 for fiscal year 2000, and 
        $37,000,000 for fiscal year 2001. Of these amounts, no more 
        than $16,000,000 is authorized for any one fiscal year to 
        operate hydrographic survey vessels owned and operated by the 
        Administration.
            (3) To carry out geodetic functions under the Act of 1947, 
        $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 
        2000, and $30,000,000 for fiscal year 2001.
            (4) To carry out tide and current measurement functions 
        under the Act of 1947, $22,500,000 for each of fiscal years 
        1999 through 2001. Of these amounts, $4,500,000 is authorized 
        for each fiscal year to implement and operate a national 
        quality control system for real-time tide and current and 
        maintain the national tide network, and $7,000,000 is 
        authorized for each fiscal year to design and install real-time 
        tide and current data measurement systems under section 
        403(b)(4).

                          TITLE V--NOAA CORPS

SECTION 501. AUTHORIZED NUMBER OF COMMISSIONED OFFICERS.

    Section 2 of the Coast and Geodetic Survey Commissioned Officers' 
Act of 1948 (33 U.S.C. 853a) is amended--
            (1) by redesignating subsections (a) through (e) as 
        subsections (b) through (f), respectively; and
            (2) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a) There are authorized to be not less than 264 and not more 
than 299 commissioned officers on the active list of the 
Administration.''.

SEC. 502. DESIGNATION OF THE DIRECTOR OF THE NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION CORPS.

    Section 24(a) of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by inserting ``One 
such position shall be the director of the commissioned officers who 
shall be appointed from the officers on the active duty promotion list 
serving in or above the grade of captain, and who shall be responsible 
for administration of the commissioned officers, and for oversight of 
the operation of the vessel and aircraft fleets, of the 
Administration.'' before ``An officer''.

SEC. 503. RELIEF FROM HIRING FREEZE.

    The Secretary immediately shall relieve the moratorium on new 
appointments of commissioned officers to the National Oceanic and 
Atmospheric Administration Corps.

                          TITLE VI--NOAA FLEET

SECTION 601. NOAA FLEET MODERNIZATION PLAN.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Resources of the 
House of Representatives, a revised fleet modernization plan reflecting 
the need to continue providing the Administration with high-quality 
oceanic and atmospheric research information and the budget constraints 
facing the Administration. The plan shall, at a minimum, provide for--
            (1) reducing the fleet size over the next 10 years from the 
        fleet size as of July 1, 1998;
            (2) minimizing the cost of construction for any new vessels 
        proposed in the plan;
            (3) increasing the use of contracts, leases, charters, and 
        other arrangements with non-Federal vessels of the United 
        States, including fishing vessels, for research activities now 
        conducted by the Administration; and
            (4) selling vessels that are decommissioned where feasible.

                        TITLE VII--MISCELLANEOUS

SEC. 701. ELIMINATION OF THE CHIEF SCIENTIST POSITION.

    Section 2 of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 
5 U.S.C. 903, as amended) is amended--
            (1) by striking paragraph (d) and redesignating paragraphs 
        (e) through (g) as (d) through (f), respectively; and
            (2) in paragraph (f) as redesignated, by striking ``under 
        (d) or (f)'' and inserting ``under (e)''.

SEC. 702. NATIONAL MARINE SANCTUARIES ACT.

    Section 1442 of title 16, United States Code, is amended by--
            (1) redesignating subsections (b), (c), and (d), as (c), 
        (d), and (e), respectively; and
            (2) inserting the following new subsection:
    ``(b) Uses of State and Other Federal Agency Resources.--The 
Secretary may, whenever appropriate, use by agreement the personnel, 
services, and facilities of State and other Federal departments, 
agencies, and instrumentalities, on a reimbursable or non-reimbursable 
basis, to carry out the purposes of this title.''.

SEC. 703. MALCOLM BALDRIDGE NATIONAL QUALITY AWARD.

    Section 17(c) of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3711a(c)(1)) is amended by adding at the end thereof 
the following:
                    ``(D) Health care providers.
                    ``(E) Education providers.''.

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