[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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