[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1401 Reported in Senate (RS)]






                                                       Calendar No. 423
108th CONGRESS
  1st Session
                                S. 1401

                          [Report No. 108-219]

To reauthorize the National Oceanic and Atmospheric Administration, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2003

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

                            December 9, 2003

                Reported by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To reauthorize the National Oceanic and Atmospheric Administration, 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 Reauthorization Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this bill is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. National Weather Service.
Sec. 102. Oceanic and atmospheric research.
Sec. 103. National Environmental Satellite, Data, and Information 
                            Service.
Sec. 104. National Ocean Service.
Sec. 105. National Marine Fisheries Service.
Sec. 106. Office of Program Planning and Integration.
Sec. 107. Program Support.
Sec. 108. Office of Marine and Aviation Operations.
                        TITLE II--MISCELLANEOUS

Sec. 201. Establishment of business management fund.
Sec. 202. External research program.
Sec. 203. Hydrographic service volunteers.
Sec. 204. Establishment of an Office of Education.
Sec. 205. NOAA Corps authorized number of officers.
Sec. 206. Federal-State partnership operations.
Sec. 207. Cyclone reconnaissance review.
Sec. 208. NEXRAD radar facility study.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

               TITLE I--AUTHORIZATION OF APPROPRIATIONS.

<DELETED>SEC. 101. NATIONAL WEATHER SERVICE.</DELETED>

<DELETED>    (a) Operations, Research, and Facilities.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the operations, 
research, and facilities activities of the National Weather Service 
$720,950,000 for fiscal year 2004, $742,579,000 for fiscal year 2005, 
$764,856,000 for fiscal year 2006, $787,801,000 for fiscal year 2007, 
and $811,435,000 for fiscal year 2008, to remain available until 
expended. Of such amounts--</DELETED>
        <DELETED>    (1) $584,700,000 for fiscal year 2004, 
        $602,241,000 for fiscal year 2005, $620,000,000 for fiscal year 
        2006, $638,918,000 for fiscal year 2007, and $658,085,000 for 
        fiscal year 2008 shall be for local warnings and 
        forecasts;</DELETED>
        <DELETED>    (2) $6,098,000 for fiscal year 2004, $6,281,000 
        for fiscal year 2005, $6,469,000 for fiscal year 2006, 
        $6,663,000 for fiscal year 2007, and $6,863,000 for fiscal year 
        2008 shall be for the advanced hydrological prediction 
        system;</DELETED>
        <DELETED>    (3) $2,500,000 for fiscal year 2004, $2,575,000 
        for fiscal year 2005, $2,652,000 for fiscal year 2006, 
        $2,732,000 for fiscal year 2007, and $2,814,000 for fiscal year 
        2008 shall be for aviation forecasts;</DELETED>
        <DELETED>    (4) $7,390,000 for fiscal year 2004, $7,612,000 
        for fiscal year 2005, $7,840,000 for fiscal year 2006, 
        $8,075,000 for fiscal year 2007, and $8,318,000 for fiscal year 
        2008 shall be for weather forecast offices facilities 
        maintenance;</DELETED>
        <DELETED>    (5) $45,102,000 for fiscal year 2004, $46,455,000 
        for fiscal year 2005, $47,849,000 for fiscal year 2006, 
        $49,284,000 for fiscal year 2007, and $50,763,000 for fiscal 
        year 2008 shall be for central forecast guidance;</DELETED>
        <DELETED>    (6) $2,320,000 for fiscal year 2004, $2,390,000 
        for fiscal year 2005, $2,461,000 for fiscal year 2006, 
        $2,535,000 for fiscal year 2007, and $2,611,000 for fiscal year 
        2008 shall be for atmospheric and hydrological 
        research;</DELETED>
        <DELETED>    (7) $42,340,000 for fiscal year 2004, $43,610,000 
        for fiscal year 2005, $44,919,000 for fiscal year 2006, 
        $46,266,000 for fiscal year 2007, and $47,654,000 for fiscal 
        year 2008 shall be for next generation weather radar;</DELETED>
        <DELETED>    (8) $8,248,000 for fiscal year 2004, $8,495,000 
        for fiscal year 2005, $8,750,000 for fiscal year 2006, 
        $9,013,000 for fiscal year 2007, and $9,283,000 for fiscal year 
        2008 shall be for the automated surface observing system; 
        and</DELETED>
        <DELETED>    (9) $37,570,000 for fiscal year 2004, $38,697,000 
        for fiscal year 2005, $39,858,000 for fiscal year 2006, 
        $41,054,000 for fiscal year 2007, and $42,285,000 for fiscal 
        year 2008 shall be for the advanced weather interactive 
        processing system.</DELETED>
<DELETED>    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the National Weather 
Service $99,081,000 for fiscal year 2004 and $102,053,000 for fiscal 
year 2005, $105,115,000 for fiscal year 2006, $108,268,000 for fiscal 
year 2007, and $111,517,000 for fiscal year 2008 to remain available 
until expended. Of such amounts--</DELETED>
        <DELETED>    (1) $12,000,000 for fiscal year 2004 shall be for 
        next generation weather radar;</DELETED>
        <DELETED>    (2) $2,900,000 for fiscal year 2004 shall be for 
        National Weather Service telecommunications gateway legacy 
        replacement;</DELETED>
        <DELETED>    (3) $2,000,000 for fiscal year 2004 shall be for 
        the National Weather Service coastal global observing 
        system;</DELETED>
        <DELETED>    (4) $5,500,000 for fiscal year 2004 shall be for 
        the all hazard national warning network, National Oceanic and 
        Atmospheric Administration Radio;</DELETED>
        <DELETED>    (5) $10,400,000 for fiscal year 2004 shall be for 
        National Oceanic and Atmospheric Administration Center for 
        Weather and Climate Prediction; and</DELETED>
        <DELETED>    (6) $13,000,000 for fiscal year 2004 shall be for 
        weather forecast office construction.</DELETED>

<DELETED>SEC. 102. OCEANIC AND ATMOSPHERIC RESEARCH.</DELETED>

<DELETED>    (a) Operations, Research, and Facilities.--</DELETED>
        <DELETED>    (1) In general.--There are authorized to be 
        appropriated to the Secretary to enable the National Oceanic 
        and Atmospheric Administration to carry out the oceanic and 
        atmospheric research operations, research, and facilities 
        environmental research and development activities of the Office 
        of Oceanic and Atmospheric Research $366,501,000 for fiscal 
        year 2004, $377,496,000 for fiscal year 2005, and $388,821,000 
        for fiscal year 2006, $400,485,000 for fiscal year 2007, and 
        $412,500,000 for fiscal year 2008, to remain available until 
        expended.</DELETED>
        <DELETED>    (2) Climate and air quality research.--Of the 
        amounts authorized under paragraph (1), $184,800,000 for fiscal 
        year 2004, $190,344,000 for fiscal year 2005, $196,054,000 for 
        fiscal year 2006, $201,936,000 for fiscal year 2007, and 
        $207,994,000 for fiscal year 2008 shall be for climate 
        research.</DELETED>
        <DELETED>    (3) Weather and air quality research.--Of the 
        amounts authorized under paragraph (1), $56,600,000 for fiscal 
        year 2004, $58,298,000 for fiscal year 2005, $60,047,000 for 
        fiscal year 2006, $61,848,000 for fiscal year 2007, and 
        $63,704,000 for fiscal year 2008 shall be for weather and air 
        quality research.</DELETED>
        <DELETED>    (4) Ocean, coastal, and great lakes research.--Of 
        the amounts authorized under paragraph (1), $112,216,000 for 
        fiscal year 2004, $115,583,000 for fiscal year 2005, 
        $119,050,000 for fiscal year 2006, $122,622,000 for fiscal year 
        2007, and $126,300,000 for fiscal year 2008 shall be for ocean, 
        Coastal and Great Lakes Research.</DELETED>
<DELETED>    (b) Procurement, Acquisitions, and Construction.--There 
are authorized to be appropriated to the Secretary to enable the 
National Oceanic and Atmospheric administration to carry out the 
oceanic and atmospheric research procurement, acquisition, and 
construction environmental research and development activities of the 
Office of Oceanic and Atmospheric Research $14,084,000 for fiscal year 
2004, $14,506,000 for fiscal year 2005, $14,942,000 for fiscal year 
2006, $15,390,000 for fiscal year 2007, and $15,852,000 for fiscal year 
2008.</DELETED>

<DELETED>SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND 
              INFORMATION SERVICE.</DELETED>

<DELETED>    (a) Operations, Research, and Facilities.--</DELETED>
        <DELETED>    (1) In general.--There are authorized to be 
        appropriated to the Secretary to enable the National Oceanic 
        and Atmospheric Administration to carry out the operations, 
        research, and facilities environmental research and development 
        and related activities of the National Environmental Satellite, 
        Data and Information Service $150,317,000 for fiscal year 2004, 
        $154,827,000 for fiscal year 2005, $159,471,000 for fiscal year 
        2006, $164,255,000 for fiscal year 2007, and $169,183,000 for 
        fiscal year 2008, to remain available until expended.</DELETED>
        <DELETED>    (2) Environmental satellite observing systems.--Of 
        the amounts authorized under paragraph (1), $91,243,000 for 
        fiscal year 2004, $93,980,000 for fiscal year 2005, $96,800,000 
        for fiscal year 2006, $99,704,000 for fiscal year 2007, and 
        $102,695,000 for fiscal year 2008 shall be for environmental 
        satellite observing systems.</DELETED>
        <DELETED>    (3) NOAA data centers and informational 
        services.--Of the amounts authorized under paragraph (1), 
        $59,074,000 for fiscal year 2004, $60,846,000 for fiscal year 
        2005, $62,672,200 for fiscal year 2006, $64,552,000 for fiscal 
        year 2007, and $66,488,000 for fiscal year 2008 shall be for 
        National Oceanic and Atmospheric Administration's data centers 
        and information services.</DELETED>
<DELETED>    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction environmental research and development 
and related activities of the National Environmental Satellite, Data 
and Information Service. $687,204,000 for fiscal year 2004, 
$707,820,000 for fiscal year 2005, $729,054,000 for fiscal year 2006, 
$750,926,000 for fiscal year 2007, and $773,454,000 for fiscal year 
2008 to remain available until expended. Of such amounts--</DELETED>
        <DELETED>    (1) $391,100,000 for fiscal year 2004 shall be for 
        the procurement and launch of, and supporting ground systems 
        for, the National Polar-Orbiting Operational Environmental 
        Satellite System and polar orbiting environmental satellites; 
        and</DELETED>
        <DELETED>    (2) $277,000,000 for fiscal year 2004 shall be for 
        the procurement and launch of, and supporting ground systems 
        for, geostationary operational environmental 
        satellites.</DELETED>

<DELETED>SEC. 104. NATIONAL OCEAN SERVICE.</DELETED>

<DELETED>    (a) Operations, Research, and Facilities.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out operations, 
research and facilities activities of the National Ocean Service 
$391,050,000 for fiscal year 2004, $402,781,500 for fiscal year 2005, 
$414,864,945 for fiscal year 2006, $427,310,893 for fiscal year 2007, 
and $440,130,220 for fiscal year 2008, to remain available until 
expended. Of such amounts--</DELETED>
        <DELETED>    (1) $83,277,000 for fiscal year 2004, $85,775,310 
        for fiscal year 2005, $88,348,569 for fiscal year 2006, 
        $90,999,026 for fiscal year 2007, and $93,728,997 for fiscal 
        year 2008 shall be for mapping and charting;</DELETED>
        <DELETED>    (2) $25,201,000 for fiscal year 2004, $25,957,030 
        for fiscal year 2005, $26,735,740 for fiscal year 2006, 
        $27,537,813 for fiscal year 2007, and $28,363,947 for fiscal 
        year 2008 shall be for geodesy;</DELETED>
        <DELETED>    (3) $19,577,000 for fiscal year 2004, $20,164,310 
        for fiscal year 2005, $20,769,239 for fiscal year 2006, 
        $21,392,316 for fiscal year 2007, and $22,034,085 for fiscal 
        year 2008 shall be for tide and current data;</DELETED>
        <DELETED>    (4) $74,580,000 for fiscal year 2004, $76,817,400 
        for fiscal year 2005, $79,121,922 for fiscal year 2006, 
        $81,495,579 for fiscal year 2007, and $83,940,447 for fiscal 
        year 2008 shall be for the ocean assessment program;</DELETED>
        <DELETED>    (5) $17,903,000 for fiscal year 2004, $18,440,090 
        for fiscal year 2005, $18,993,292 for fiscal year 2006, 
        $19,563,091 for fiscal year 2007, and $20,149,984 for fiscal 
        year 2008 shall be used for response and restoration;</DELETED>
        <DELETED>    (6) $10,384,000 for fiscal year 2004, $10,695,520 
        for fiscal year 2005, $11,016,385 for fiscal year 2006, 
        $11,346,877 for fiscal year 2007, and $11,687,283 for fiscal 
        year 2008 shall be used for ocean and coastal 
        research;</DELETED>
        <DELETED>    (7) $18,663,000 for fiscal year 2004, $19,222,890 
        for fiscal year 2005, $19,799,576 for fiscal year 2006, 
        $20,393,564 for fiscal year 2007, and $21,005,370 for fiscal 
        year 2008 shall be used for coastal ocean science.</DELETED>
<DELETED>    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the National Ocean Service 
$20,000,000 for fiscal year 2004, $20,600,000 for fiscal year 2005, 
$21,218,000 for fiscal year 2006, $21,854,540 for fiscal year 2007, and 
$22,510,176 for fiscal year 2008, to remain available until 
expended.</DELETED>

<DELETED>SEC. 105. NATIONAL MARINE FISHERIES SERVICE.</DELETED>

<DELETED>    (a) Operations, Research, and Facilities.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out operations, 
research and facilities activities of the National Marine Fisheries 
Service $621,000,000 for fiscal year 2004, $639,630,000 for fiscal year 
2005, $658,818,900 for fiscal year 2006, $678,583,467 for fiscal year 
2007, and $698,940,971 for fiscal year 2008, to remain available until 
expended. Of such amounts--</DELETED>
        <DELETED>    (1) $328,008,000 for fiscal year 2004, 
        $337,848,240 for fiscal year 2005, $347,983,687 for fiscal year 
        2006, $358,423,197 for fiscal year 2007, and $369,175,893 for 
        fiscal year 2008 shall be used for fisheries research and 
        management services;</DELETED>
        <DELETED>    (2) $15,000,000 for fiscal year 2004, $15,450,000 
        for fiscal year 2005, $15,913,500 for fiscal year 2006, 
        $16,390,905 for fiscal year 2007, and $16,882,632 for fiscal 
        year 2008 shall be used for cooperative research;</DELETED>
        <DELETED>    (3) $20,000,000 for fiscal year 2004, $20,600,000 
        for fiscal year 2005, $21,218,000 for fiscal year 2006, 
        $21,854,540 for fiscal year 2007, and $22,510,176 for fiscal 
        year 2008 shall be used for observer/training;</DELETED>
        <DELETED>    (4) $160,740,000 for fiscal year 2004, 
        $165,562,200 for fiscal year 2005, $170,529,066 for fiscal year 
        2006, $175,644,937 for fiscal year 2007, and $180,914,286 for 
        fiscal year 2008 shall be used for protected resources research 
        and management services;</DELETED>
        <DELETED>    (5) $11,000,000 for fiscal year 2004, $11,330,000 
        for fiscal year 2005, $11,669,900 for fiscal year 2006, 
        $12,019,997 for fiscal year 2007, and $12,380,596 for fiscal 
        year 2008 shall be used for coral reef conservation;</DELETED>
        <DELETED>    (6) $35,512,000 for fiscal year 2004, $36,577,360 
        for fiscal year 2005, $37,674,680 for fiscal year 2006, 
        $38,804,921 for fiscal year 2007, and $39,969,068 for fiscal 
        year 2008 shall be used for Habitat conservation research 
        management services;</DELETED>
        <DELETED>    (7) $50,698,000 for fiscal year 2004, $52,218,940 
        for fiscal year 2005, $53,785,508 for fiscal year 2006, 
        $55,399,073 for fiscal year 2007, and $57,061,045 for fiscal 
        year 2008 shall be used for enforcement and surveillance 
        services.</DELETED>
<DELETED>    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the National Marine 
Fisheries Service $14,000,000 for fiscal year 2004, $14,420,000 for 
fiscal year 2005, $14,852,600 for fiscal year 2006, $15,298,178 for 
fiscal year 2007, and $15,757,123 for fiscal year 2008, to remain 
available until expended.</DELETED>
<DELETED>    (c) Other Necessary Actions.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the other necessary activities 
of the National Marine Fisheries Service $97,181,000 for fiscal year 
2004, $100,096,430 for fiscal year 2005, $103,099,322 for fiscal year 
2006, $106,192,302 for fiscal year 2007, and $109,378,071 for fiscal 
year 2008, to remain available until expended.</DELETED>

SEC. 101. NATIONAL WEATHER SERVICE.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the operations, research, and 
facilities activities of the National Weather Service $745,100,000 for 
fiscal year 2004 and $819,610,000 for fiscal year 2005, to remain 
available until expended.
    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the National Weather 
Service $99,081,000 for fiscal year 2004 and $102,053,000 for fiscal 
year 2005, to remain available until expended.

SEC. 102. OCEANIC AND ATMOSPHERIC RESEARCH.

    (a) Operations, Research, and Facilities.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to enable the National Oceanic and Atmospheric 
        Administration to carry out the oceanic and atmospheric 
        research operations, research, and facilities environmental 
        research and development activities of the Office of Oceanic 
        and Atmospheric Research $411,902,000 for fiscal year 2004 and 
        $453,092,200 for fiscal year 2005.
    (b) Procurement, Acquisitions, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric administration to carry out the oceanic and 
atmospheric research procurement, acquisition, and construction 
environmental research and development activities of the Office of 
Oceanic and Atmospheric Research $14,084,000 for fiscal year 2004 and 
$14,506,000 for fiscal year 2005.

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

    (a) Operations, Research, and Facilities.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to enable the National Oceanic and Atmospheric 
        Administration to carry out the operations, research, and 
        facilities environmental research and development and related 
        activities of the National Environmental Satellite, Data and 
        Information Service $150,317,000 for fiscal year 2004 and 
        $154,827,000 for fiscal year 2005, to remain available until 
        expended.
    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction environmental research and development 
and related activities of the National Environmental Satellite, Data, 
and Information Service. $698,204,000 for fiscal year 2004 and 
$768,024,400 for fiscal year 2005, to remain available until expended.

SEC. 104. NATIONAL OCEAN SERVICE.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out operations, research and 
facilities activities of the National Ocean Service $501,050,000 for 
fiscal year 2004 and $551,155,000 for fiscal year 2005.
    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the National Ocean Service 
$120,000,000 for fiscal year 2004 and $132,000,000 for fiscal year 
2005.

SEC. 105. NATIONAL MARINE FISHERIES SERVICE.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out operations, research and 
facilities activities of the National Marine Fisheries Service 
$731,000,000 for fiscal year 2004 and $804,100,000 for fiscal year 
2005, to remain available until expended.
    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the National Marine 
Fisheries Service $14,000,000 for fiscal year 2004 and $14,420,000 for 
fiscal year 2005 to remain available until expended.
    (c) Other Necessary Actions.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the other necessary activities 
of the National Marine Fisheries Service $97,181,000 for fiscal year 
2004 and $100,096,430 for fiscal year 2005, to remain available until 
expended.

SEC. 106. OFFICE OF PROGRAM PLANNING AND INTEGRATION.

    There are authorized to be appropriated to the Secretary to enable 
the National Oceanic and Atmospheric Administration to carry out 
operations, research and facilities activities of the Office of Program 
Planning and Integration $2,700,000 for fiscal year 2004, $2,781,000 
for fiscal year 2005, $2,864,430 for fiscal year 2006, $2,950,362 for 
fiscal year 2007, and $3,038,873 for fiscal year 2008, to remain 
available until expended.

SEC. 107. PROGRAM SUPPORT.

    There are authorized to be appropriated to the Secretary to enable 
the National Oceanic and Atmospheric Administration to carry out 
program support activities $296,761,000 for fiscal year 2004, 
$305,664,000 for fiscal year 2005, $314,834,000 for fiscal year 2006, 
$324,279,000 for fiscal year 2007, and $334,007,000 for fiscal year 
2008.

SEC. 108. OFFICE OF MARINE AND AVIATION OPERATIONS.

<DELETED>    (a) Operations, Research, and Facilities.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out operations, 
research, and facilities activities of the Office of Marine and 
Aviation Operations $109,136,000 for fiscal year 2004, $112,410,000 for 
fiscal year 2005, $115,782,000 for fiscal year 2006, $119,256,000 for 
fiscal year 2007, and $122,834,000 for fiscal year 2008, to remain 
available until expended.</DELETED>
<DELETED>    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the Office of Marine and 
Aviation Operations $9,138,000 for fiscal year 2004, $9,412,000 for 
fiscal year 2005, $9,695,000 for fiscal year 2006, $9,985,000 for 
fiscal year 2007, and $10,285,000 for fiscal year 2008, to remain 
available until expended.</DELETED>
<DELETED>    (c) Other Necessary Actions.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the other necessary activities 
of the Office of Marine and Aviation Operations $18,043,000 for fiscal 
year 2004, $18,584,000 for fiscal year 2005, $19,142,000 for fiscal 
year 2006, $19,716,000 for fiscal year 2007, and $20,308,000 for fiscal 
year 2008, to remain available until expended.</DELETED>
    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out operations, research, and 
facilities activities of the Office of Marine and Aviation Operations 
$115,136,000 for fiscal year 2004 and $126,649,600 for fiscal year 
2005, to remain available until expended.
    (b) Procurement, Acquisition, and Construction.--There are 
authorized to be appropriated to the Secretary to enable the National 
Oceanic and Atmospheric Administration to carry out the procurement, 
acquisition, and construction activities of the Office of Marine and 
Aviation Operations $67,338,000 for fiscal year 2004 and $74,071,800 
for fiscal year 2005, to remain available until expended.

                        TITLE II--MISCELLANEOUS

SEC. 201. ESTABLISHMENT OF BUSINESS MANAGEMENT FUND.

    (a) In General.--There is established the Business Management Fund 
of the National Oceanic and Atmospheric Administration, which shall be 
available without fiscal year limitation for expense and equipment 
necessary for the maintenance and operations of such services and 
projects as the Administrator determines may be performed more 
advantageously when centralized.
    (b) Annual Financial Reporting.--The Administrator shall maintain a 
separate schedule of expenditures and reimbursements for the Fund, and 
a statement of the current assets and liabilities of the Fund as of the 
close of the completed fiscal year shall be prepared each year.
    (c) Credits to the Fund; Capitalization.--Notwithstanding section 
3302(b) of title 31, United States Code, the Fund may be credited with 
advances and reimbursements from applicable appropriations of the 
Administration and from funds of other agencies or entities for 
services furnished pursuant to law. Any inventories, equipment, 
systems, real property, and other assets over $25,000, pertaining to 
the services to be provided by such funds, either on hand or on order, 
less the related liabilities or unpaid obligations, shall be used to 
capitalize the Business Management Fund.
    (d) Fiscal Operational Criteria.--The Fund shall provide for 
centralized services at rates which return in full the cost of salaries 
and accruing benefits and the annual costs equal to projected 
inflation, amortization of automated data processing software and 
hardware systems, and an amount not to exceed 4 percent necessary to 
maintain a reasonable operating reserve and fund new requirements as 
determined by the Administrator.
    (e) Startup Date.--The Fund shall become operational October 1, 
2003.

SEC. 202. EXTERNAL RESEARCH PROGRAM.

    (a) In General.--The Administrator shall submit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Science at the same time as the 
President's budget request for fiscal year 2005 is submitted to the 
Congress for the establishment of a external research program within 
the Office of Oceanic and Atmospheric Research. The report shall 
include a plan to support funding levels of $25,000,000 in fiscal year 
2005, $30,000,000 in fiscal year 2006, $35,000,000 in fiscal year 2007, 
and $40,000,000 in fiscal year 2008.
    (b) Management Plan.--The report shall include a management plan 
for the program the purpose of which shall be to provide funding for 
merit-based, peer-reviewed research grants and contracts to public and 
private organizations that will improve the efficiency and coverage of 
the nation's operational observing system and accelerate the direct 
transfer of research results into operational programs at the National 
Oceanic and Atmospheric Administration providing operational weather 
monitoring, analysis, and forecasting services to the Nation. The 
management plan shall include a strategy to commit the Administration 
to spending 50 percent of new research funds (exclusive of adjustments 
to base) within the external community via merit-based, peer-reviewed 
processes.
    (c) Public Planning Participation.--The report shall also include a 
mechanism for involving the public and private organizations in the 
planning and execution of the external research program.
    (d) Annual Progress Report.--The Administrator shall provide an 
annual report to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on Resources, 
and the House of Representatives Committee on Science on the progress 
within the Administration of the transition of research results into 
operational products and services.

SEC. 203. HYDROGRAPHIC SERVICE VOLUNTEERS.

    Section 303 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892a) is amended by adding at the end the following:
    ``(d) Authority To Accept Volunteer Services.--To help fulfill the 
duties of the Administrator, including authorities under the Act of 
1947, this Act, or in response to a maritime emergency, the 
Administrator may--
            ``(1) establish a volunteer program;
            ``(2) enter into special agreements with qualified 
        organizations to assist in the implementation of a volunteer 
        program; and
            ``(3) provide funding under the special agreement to the 
        qualified organization for the purposes of assisting in the 
        administration of the volunteer programs and for procuring and 
        maintaining insurance or other coverage for the organization 
        and its members when conducting volunteer activities.
    ``(e) Legal Status of Volunteers.--Paragraphs (1) through (5) of 
section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)) 
shall apply to volunteers providing services to the Administrator under 
subsection (c) of this section, except that any reference in that 
section to the Secretary of the Interior or the Secretary of Commerce 
shall be deemed to refer to the Administrator.
    ``(f) Qualified Organization.--In this section, the term `qualified 
organization' means a non-governmental, not-for-profit organization, 
determined by the Administrator to have demonstrated expertise in 
boating safety and a commitment to improving the quality of 
hydrographic services and related oceanographic and meteorological 
information that is made available to mariners.''.

SEC. 204. ESTABLISHMENT OF AN OFFICE OF EDUCATION.

    (a) In General.--The Administrator shall establish within the 
National Oceanic and Atmospheric Administration an office of Education 
and shall consider education to be a central part of the 
Administration's mission. The purpose of the office shall be to 
coordinate and promote education missions for all of the 
Administration's programs to better facilitate public awareness of 
oceanic and atmospheric systems.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the Education activities of the 
Administration $2,300,000 for fiscal year 2004, $2,369,000 for fiscal 
year 2005, $2,440,070 for fiscal year 2006, $2,513,272 for fiscal year 
2007, and $2,588,670 for fiscal year 2008, to remain available until 
expended.

SEC. 205. NOAA CORPS AUTHORIZED NUMBER OF OFFICERS.

    Section 215 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended--
            (1) by striking ``285'' in paragraph (2) and inserting 
        ``375''; and
            (2) by striking ``299'' in paragraph (3) and inserting 
        ``375''.

SEC. 206. FEDERAL-STATE PARTNERSHIP OPERATIONS.

    (a) In General.--The Secretary of Commerce is authorized to operate 
the National Oceanic and Atmospheric Administration marine laboratory 
in accordance with a memorandum of agreement with the National Oceanic 
and Atmospheric Administration, the National Institute of Standards and 
Technology, the State of South Carolina, the Medical University of 
South Carolina, and the College of Charleston as a partnership for 
collaborative, interdisciplinary marine scientific research.
    (b) Implementation.--To carry out subsection (a), the agencies that 
are partners in the Laboratory may accept, apply for, use, and spend 
Federal, State, private and grant funds as necessary to further the 
mission of the Laboratory without regard to the source or of the period 
of availability of these funds and may apply for and hold patents, as 
well as share personnel, facilities, and property.
    (c) Use of Funds.--Any funds collected or accepted by any partner 
may be used--
            (1) to offset all or portions of its costs, including 
        overhead, without regard to 31 U.S.C. section 3302(b);
            (2) to reimburse other participating agencies for all or 
        portions of their costs; and
            (3) to fund research and facilities expansion.
    (d) Other Fiscal Provisions.--Funds for management and operation of 
the Laboratory may be used to sustain basic laboratory operations for 
all participating entities. The Secretary of Commerce is authorized to 
charge fees and enter into agreements with Federal, State, private 
entities, and other entities, domestic and foreign, to further the 
mission of the Laboratory. Any funds collected from such fees or 
arrangements shall be used to support cooperative research, basic 
operations, and facilities enhancement at the Laboratory.

SEC. 207. CYCLONE RECONNAISSANCE REVIEW.

    (a) In General.--The Secretary of Commerce and the Secretary of 
Defense shall review the management plans for continued tropical 
cyclone surveillance and reconnaissance developed pursuant to section 
107 of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (15 U.S.C. 313 note) to determine--
            (1) if such plans provide adequate coverage and protection 
        for citizens of the coastal areas of the United States, 
        particularly in the Central and Western Pacific region, 
        including an evaluation of whether there has been any reduction 
        in the level, quality, timeliness, sustainability, or area 
        served by the reconnaissance and tracking systems since 
        enactment of that Act;
            (2) the appropriate roles and responsibilities for the 
        Departments of Commerce and Defense with respect to this 
        surveillance and reconnaissance program; and
            (3) any additional fiscal or other resources that would be 
        required to ensure adequate coverage or prevent reduction of 
        coverage and services, including coverage for the Central and 
        Western Pacific region.
    (b) Report.--The Secretaries of Defense and Commerce shall transmit 
a report to the Congress within 90 days after the date of enactment of 
this Act with findings and recommendations of the review.
    (c) Weather Reconnaissance Squadron.--The Administrator of the 
National Oceanic and Atmospheric Administration may not accept 
responsibility for the duties or aircraft of the United States Air 
Force Reserve 53rd Weather Reconnaissance Squadron in whole or in part 
until 30 days after the date on which the Secretary of Commerce and the 
Secretary of Defense transmit to the Congress a plan for the continued 
performance of all current missions and the division of such 
responsibilities and aircraft between the Air Force Reserve and the 
National Oceanic and Atmospheric Administration.

SEC. 208. NEXRAD RADAR FACILITY STUDY.

    The Secretary of Commerce may conduct studies on the placement of 
NEXRAD radar facilities in areas that are not currently covered by 
NEXRAD radar including areas in Oregon, Nevada, California, Montana, 
Idaho, Wyoming, Utah, Colorado, New Mexico, Arizona, North Dakota, 
Texas, and Alaska. Each study shall identify the location for facility 
placement that would provide the most complete coverage for areas not 
currently covered by NEXRAD radar.




                                                       Calendar No. 423

108th CONGRESS

  1st Session

                                S. 1401

                          [Report No. 108-219]

_______________________________________________________________________

                                 A BILL

To reauthorize the National Oceanic and Atmospheric Administration, and 
                          for other purposes.

_______________________________________________________________________

                            December 9, 2003

                        Reported with amendments