[House Report 105-66]
[From the U.S. Government Publishing Office]



                                                                       
105th Congress                                             Rept. 105-66
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 
                                  1997

_______________________________________________________________________


                 April 22, 1997.--Ordered to be printed

                                _______
                                

    Mr. Sensenbrenner, from the Committee on Science, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1278]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.



                            C O N T E N T S

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................12
 III. Background and Need for Legislation............................12
  IV. Summary of Hearings............................................13
   V. Committee Actions..............................................14
  VI. Summary of Major Provisions of the Bill........................16
 VII. Section-By-Section Analysis and Committee Views................19
VIII. Committee Cost Estimate........................................39
  IX. Congressional Budget Office Cost Estimate......................39
   X. Compliance with Public Law 104-4...............................45
  XI. Committee Oversight Findings and Recommendations...............45
 XII. Oversight Findings and Recommendations by the Committee on 
      Government Reform and Oversight................................45
XIII. Constitutional Authority Statement.............................45
 XIV. Federal Advisory Committee Statement...........................45
  XV. Congressional Accountability Act...............................45
 XVI. Changes in Existing Law Made by the Bill, as Reported..........45
XVII. Committee Recommendations......................................69
XVIII.Additional Views...............................................69


                              I. Amendment

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 programs.

             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. 508. Buy American.

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. Of the amounts authorized under this subsection for each of 
the fiscal years 1998 and 1999, $3,600,000 shall be for the Tropical 
Prediction Center/National Hurricane Center.
    (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.
    (3) Of the amounts authorized under paragraph (1), $11,377,000 for 
fiscal year 1998 and $11,224,000 for fiscal year 1999 shall be for 
remaining system acquisition, program management, support contracts, 
logistic support, and continued product improvement of NEXRAD systems.
    (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)(A) 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.
    (B) Notwithstanding subparagraph (A), $22,635,000 of the amount 
described in subparagraph (A) for fiscal year 1998 shall be derived 
from the use of unobligated prior year funds appropriated for the 
Geostationary Operational Environmental Satellite program.
    (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, $116,902,000 for fiscal year 1998 and $118,803,000 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 (reduced by $12,400,000) and 
$522,255,000 for fiscal year 1999 (reduced by $7,000,000), 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 $5,400,000 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.--Of the sums authorized in subsection 
(a), 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 Observing Services.--Of the sums authorized in 
subsection (a), there are authorized to be appropriated to the 
Secretary to enable the National Oceanic and Atmospheric Administration 
to carry out Environmental Observing Services, $50,347,000 for fiscal 
year 1998 and $48,950,000 for fiscal year 1999.
    (h) 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 PROGRAMS.

    (a) Marine Prediction Research.--There are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out marine prediction research 
activities under the Act of 1947, the Act of 1890, and any other law 
involving those activities, $17,326,000 for fiscal year 1998 and 
$17,620,000 for fiscal year 1999.
    (b) Undersea Research Program.--
            (1) Authorization.--There are authorized to be appropriated 
        to the Secretary, to enable the National Oceanic and 
        Atmospheric Administration to carry out the National Undersea 
        Research Program, $5,400,000 for fiscal year 1998.
            (2) Peer review.--No funds appropriated pursuant to this 
        Act may be obligated for any grant unless such grant is 
        competitively awarded and subject to a peer review process 
        established pursuant to the plan submitted under paragraph (3).
            (3) Restructuring plan.--By January 15, 1998, 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 plan for carrying out the 
        National Undersea Research Program which includes the National 
        Undersea Research Advisory Council and the National Undersea 
        Research Peer Review Panel which will ensure the quality of 
        scientific research carried out by the Program, the 
        responsiveness of the Program to the mission needs of the 
        National Oceanic and Atmospheric Administration, and 
        responsiveness of the Program to key national needs in 
        oceanographic research.

             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) Fleet Replacement in the Capital Assets Acquisition 
        Account.
            (2) Federal/State Weather Modification Grants.
            (3) The Southeast Storm Research Account.
            (4) National Institute for Environmental Renewal.
            (5) National Weather Service non-Federal, non-wildfire Fire 
        Weather Service.
            (6) National Weather Service Regional Climate Centers.
            (7) Goddard Science Center.
            (8) National Weather Service Samoa Weather Forecast Office 
        Repair and Upgrade Account.
            (9) Dissemination of Weather Charts (Marine Facsimile 
        Service).
            (10) National Coastal Resources and Development Institute 
        Account.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Science of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report certifying that all the 
programs listed in subsection (a) will be terminated no later than 
September 30, 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 for which funds are authorized by this Act.
    (b) Maximum Amounts; Capital Assets Acquisition.--No more than 
$410,808,000 for fiscal year 1998 and $548,101,000 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 for which funds are authorized by this Act.
    (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 and flood 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 not specified in subsection (a) is 
currently provided or can be provided by commercial enterprise, unless 
the Secretary finds that the private sector is unwilling or unable to 
provide the services.
    (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.--No sums are authorized to be 
appropriated to the Administrator 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. Such term does not include a cooperative agreement 
        (as such term is used in section 6305 of title 31, United 
        States Code) or a cooperative research and development 
        agreement (as such term is defined in section 12(d)(1) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1))).

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.

SEC. 508. BUY AMERICAN.

    (a) Compliance With Buy American Act.--No funds appropriated 
pursuant to this Act may be expended by an entity unless the entity 
agrees that in expending the assistance the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress.--In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of Congress that entities 
receiving such assistance should, in expending the assistance, purchase 
only American-made equipment and products.
    (c) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of Commerce shall provide to 
each recipient of the assistance a notice describing the statement made 
in subsection (a) by the Congress.

                        II. Purpose of the Bill

    The purpose of the bill is to authorize appropriations for 
Fiscal Years 1998 and 1999 for programs and missions of the 
National Oceanic and Atmospheric Administration (NOAA) under 
the jurisdiction of the Committee on Science.

                III. Background and Need for Legislation

    President Nixon's Reorganization Plan No. 4 of 1970 to 
consolidate many of the Nation's civil programs related to the 
oceans and atmosphere created NOAA on October 3, 1970. NOAA's 
most recent strategic plan stated that its mission is ``to 
describe and predict changes in the Earth's environment, and 
conserve and manage wisely the Nation's coastal and marine 
resources to ensure sustainable economic opportunities.''
    The NOAA programs for which the Committee on Science has 
sole jurisdiction include: the National Weather Service (NWS); 
the National Environmental Satellite, Data and Information 
Service (NESDIS); the Program Support's Aircraft Services 
account; and the Oceanic and Atmospheric Research (OAR) Climate 
and Atmospheric programs. In addition, the Subcommittee has 
jurisdiction over the line accounts for the programs listed 
above under the Construction and the new Capital Assets 
Acquisitions accounts. The Committee on Science also shares 
jurisdiction (with the Committee on Resources) over OAR's 
National Undersea Research Program, Sea Grant, Marine 
Prediction Research, Administration, and Fleet Maintenance and 
Planning.
    Since its creation, NOAA has obtained most of its program 
funding through direct appropriation without annual legislative 
authorization. In the 98th Congress, legislation authorizing 
NOAA activities for Fiscal Year 1984, S. 1097 was vetoed on 
October 19, 1984. In the 99th Congress, the Consolidated 
Omnibus Budget Reconciliation Act of 1986 (Public Law 99-272) 
authorized various NOAA activities, including nautical and 
aeronautical chart programs, marine research and monitoring, 
ocean pollution research, and weather modification research. 
During the 100th Congress, provisions authorizing Fiscal Year 
1989 appropriations for NOAA's satellite, atmospheric, and 
weather programs (previously approved by the House of 
Representatives and the Senate as S. 1667) were included in 
Title IV of S. 2209, the National Aeronautics and Space 
Administration Authorization Act for Fiscal Year 1989, which 
was signed into law on November 17, 1988 (Public Law 100-685).
    During the 102nd Congress, the first comprehensive NOAA 
authorization bill was approved and signed into law, the 
National Oceanic and Atmospheric Administration Authorization 
Act of 1992 (Public Law, 102-567). With three exceptions, 
Public Law 102-567 only authorized funding for Fiscal Years 
1992 and 1993. The exceptions are portions of the Next 
Generation Weather Radar (NEXRAD) program and the Geostationary 
Operational Environmental Satellite (GOES I-M) program, which 
are authorized to completion, and NOAA Fleet Modernization, 
which is authorized through Fiscal Year 1997. No comprehensive 
NOAA authorization bills have been signed into law since the 
102nd Congress. In the 104th Congress, 1-year NOAA 
Authorization bills (Title IV of H.R. 2405 and Title IV of H.R. 
3322), which focused on NOAA's weather, satellite, and 
atmospheric programs, passed the House each session but were 
not acted on in the Senate.

                        IV. Summary of Hearings

    The Subcommittee on Energy and Environment held a hearing 
on March 13, 1997, and heard testimony on NOAA's total Fiscal 
Year 1998 budget request of $2,051,200,000 from the Honorable 
Dr. D. James Baker, Under Secretary, Oceans and Atmosphere, 
U.S. Department of Commerce and Administrator, NOAA,; Mr. Frank 
DeGeorge, Inspector General, U.S. Department of Commerce; and 
Mr. Joel Willemssen, Director, Accounting and Information 
Management Division, U. S. General Accounting Office (GAO)
    Dr. Baker testified on NOAA's Fiscal Year 1998 budget 
request of $2,051.2 million, an increase of $78.5 million--or 4 
percent--above the Fiscal Year 1997 level of $1,972.7 million. 
He noted that the NOAA budget is allocated according to NOAA's 
strategic plan, whose four goals are grouped into two overall 
missions of (1) describing and predicting changes in the 
earth's environment and (2) conserving and managing the 
Nation's coastal and marine resources. He stated that NOAA is 
saving money through streamlining personnel and processes, and 
outsourcing where appropriate, and stressed that the highest 
priority for NOAA is to ensure that critical services are 
provided. He testified that the Administration supports 
disestablishment of the NOAA Commissioned Corps (NOAA Corps) 
and outsourcing of ship services where appropriate, and 
expressed concern over the NWS's base budget for Fiscal Year 
1997, which experienced a $27.5 million shortfall. Under 
questioning, Dr. Baker also testified that NOAA would be able 
to complete the acquisition and deployment of the Advanced 
Weather Interactive Processing System (AWIPS) within a total of 
$550.0 million with any cost overruns being borne by NOAA.
    Mr. DeGeorge's testimony focused on the NOAA Fleet and 
Corps, the polar and geostationary satellite programs, the 
NWS's modernization program, and the proposed NOAA facility at 
Goddard Space Flight Center in Greenbelt, Maryland.
    Mr. Joel C. Willemssen testified on the preliminary 
findings of the ongoing GAO work relating to the NWS's AWIPS, 
and recent reports concerning NOAA's Geostationary Operational 
Environmental Satellite (GOES) system, and the NOAA 
Commissioned Corps.
    Both Mr. DeGeorge and Mr. Willemssen expressed concern 
about the ability of NWS to complete acquisition and deployment 
of AWIPS within the new $550.0 million projected total. In 
addition, both testified on NOAA's plans to procure additional 
GOES satellites to ensure continuity of coverage. Mr. DeGeorge 
also noted that NOAA did not adequately assess alternatives to 
construction of a new facility at the Goddard Space Flight 
Center Campus in Greenbelt, Maryland.
    The Subcommittee on Energy and Environment also held a 
hearing on April 9, 1997, and heard testimony from Mr. Michael 
S. Leavitt, President of the Weather Services Corporation, 
Lexington, Massachusetts, on behalf of the Commercial Weather 
Services Association, Alexandria, Virginia; and Mr. David R. 
Smith, Secretary-Treasurer, National Weather Service Employees 
Organization, Washington, DC, and Meteorologist, New Orleans 
Weather Forecast Office.
    Mr. Leavitt advocated modification of the Organic Act to 
ensure that the private sector continues to have a role in 
weather forecasting. He argued that the Organic Act, passed in 
1890, has been used to justify a virtually unlimited federal 
role in weather information and forecasting services at the 
expense of commercial weather firms. In 1990, he said, the NWS 
issued a policy document that limited the federal role in 
weather services, and revising the Organic Act would be 
consistent with that policy statement. Additionally, Mr. 
Leavitt advocated eliminating specialized weather services from 
the NWS budget.
    Mr. Smith testified that the Administration's budget 
request for 1998 is inadequate to meet the core mission of the 
NWS--providing accurate forecasts and warnings of severe 
weather. He also supported retaining the present certification 
process for automating, consolidating, or closing weather 
stations, and urged Congress to reject further efforts to 
privatize weather services and the NWS's plans to close the 
Southern Regional Headquarters.

                          V. Committee Actions

    As summarized in the previous section, the Subcommittee on 
Energy and Environment heard testimony relevant to NOAA's 
Fiscal Year 1998 budget request at hearings held on March 13, 
and April 9, 1997.
    On April 10, 1997, Mr. Calvert, Chairman of the 
Subcommittee on Energy and Environment, introduced H.R. 1278, 
the National Oceanic and Atmospheric Administration 
Authorization Act of 1997, to authorize appropriations for NOAA 
for Fiscal Years 1998 and 1999.
    The Full Science Committee met to consider H.R. 1278, the 
National Oceanic and Atmospheric Administration Authorization 
Act of 1997 on Wednesday, April 16, 1997.
    Amendment 1.--Mr. Calvert, Chairman of the Science 
Committee's Subcommittee on Energy and Environment, offered a 
manager's amendment, which was adopted by voice vote.
    Amendment 2.-- Mr. Gutknecht, on behalf of Mr. Coburn, 
offered an amendment that requires $22,635,000 of the Fiscal 
Year 1998 funds authorized for AWIPS acquisition and deployment 
to be derived from unobligated balances in NOAA's GOES program. 
The amendment was adopted by voice vote.
    Amendment 3.--Ms. Jackson-Lee withdrew an amendment to 
restore funding for the Global Learning and Observations to 
Benefit the Environment (GLOBE) program, since restoration of 
such funding was included in the manager's amendment.
    Amendment 4.--Mr. Hastings, on behalf of Mr. Traficant, 
offered an amendment to add a new Section 508 to the bill that 
requires any entity that is appropriated funds pursuant to this 
act or amendments thereto, to comply with sections 2-4 of the 
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the 
``Buy American Act''), and that recipients of funds pursuant to 
this act shall be notified of subsection (a)'s requirement of 
compliance with the Buy American Act. The amendment was adopted 
by voice vote.
    Ms. Rivers offered report language supporting funding for 
marine prediction research and the Great Lakes Environmental 
Research Laboratory at Ann Arbor, Michigan, which was adopted 
by voice vote.
    With a quorum present, Mr. Roemer, Ranking Democratic 
Member of the Subcommittee on Energy and Environment moved that 
the Committee report the bill, H.R. 1278, as amended, to the 
House and that the staff prepare the legislative report and 
make technical and conforming changes, and that the Chairman 
take all necessary steps to bring the bill before the House for 
consideration. The motion was approved by voice vote.
    Mr. Sensenbrenner, Chairman of the Committee on Science, 
asked and received unanimous consent that Committee members 
have 2 subsequent calendar days in which to submit 
supplemental, minority or additional views on the measure, and 
that, pursuant to Clause 1 of Rule XX of the Rules of the House 
of Representatives, the Committee authorize the Chairman to 
offer such motions as may be necessary in the House to go to 
conference with the Senate on H.R. 1278 or a similar Senate 
bill.

              VI. Summary of Major Provisions of the Bill

    H.R. 1278 authorizes $1,462,414,000, reduced by 
$35,035,000, for Fiscal Year 1998 and $1,575,232,000, reduced 
by $7,000,000 for Fiscal Year 1999 for all unauthorized 
National Oceanic and Atmospheric Administration activities 
under the jurisdiction of the Committee on Science, as shown in 
Table 1.
    [Table 1 follows:]
    
    
    Major provisions of the bill are as follows:

 Boosts the NWS's base budget a total of $14,600,000 
        over Fiscal Years 1998 and 1999 relative to the 
        Administration's Fiscal Year 1998 request to ensure 
        that NWS will be able to provide the services needed to 
        protect life and property.
 Authorizes $15.0 million for new NEXRADs that may be 
        needed to avert a degradation of service in areas the 
        subject of follow-up studies by NWS;
 Authorizes AWIPS to completion within NOAA's funding 
        profile of $547,635,000, but requires $22,635,000 of 
        the funds to come from unobligated prior year balances 
        from the GOES program;
 Provides a $5,400,000 authorization in Fiscal Year 
        1998 for a competitive, peer-reviewed National Undersea 
        Research Program;
 Authorizes $7,000,000 in each of Fiscal Years 1998 and 
        1999 for the GLOBE program;
 Terminates 10 programs and accounts and requires the 
        Secretary to submit a report to Congress certifying 
        that all programs and accounts listed to be terminated 
        will be terminated by September 30, 1997;
 Disestablishes the NOAA Corps after Fiscal Year 1997;
 Prohibits unauthorized persons from interfering with 
        any National Data Buoy Center weather data buoys, and 
        authorizes the Administrator to assess a penalty for 
        each violation and to offer and pay rewards for 
        information regarding violations;
 Delineates the duties of the NWS and prohibits the 
        Service from competing with the private sector when a 
        service not specifically designated as a NWS service is 
        provided, or can be provided, by commercial enterprise, 
        unless the Secretary finds that the private sector is 
        unwilling or unable to provide the service.
 Gives the Secretary of Commerce the authority to 
        contract out for data and days-at-sea;
 Authorizes NOAA's participation in the National 
        Oceanic Partnership Program.
 Prohibits lobbying activities, limits appropriations 
        for Fiscal Years 1998 and 1999, and excludes from 
        consideration for grant agreements, for a period of 5 
        years, any person who received funding for a project 
        not subject to a competitive, merit-based award 
        process.
 Provides that 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 and Senate, then notice of such action shall 
        concurrently be provided to the House Committees on 
        Science, Commerce, and Transportation and 
        Infrastructure, and to the Senate Committee on 
        Environment and Public Works. Also requires the EPA 
        Administrator to provide notice to the aforementioned 
        House and Senate Committees, as well as the 
        Appropriations Committees of each body, not later than 
        15 days before any major reorganization of any program, 
        project, or activity of the EPA.
 Expresses the sense of Congress that the EPA should 
        (1) give high priority to correcting all 2-digit date-
        related (``Year 2000'') 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 its 
        operations by the Year 2000 problem, 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 cannot be 
        corrected.
 Requires any entity that is appropriated funds 
        pursuant to this act or amendments thereto, to comply 
        with sections 2-4 of the Act of March 3, 1933 (41 
        U.S.C. 10a-10c, popularly known as the ``Buy American 
        Act''); and that recipients of funds pursuant to this 
        act shall be notified of subsection (a)'s requirement 
        of compliance with the Buy American Act.

          VII. Section-by-Section Analysis and Committee Views

Section 101. Short Title

    Section 101 cites the Act as the ``National Oceanic and 
Atmospheric Administration Authorization Act of 1997.''

Section 102. Definitions

    Section 102 defines: (1) the ``Act of 1890'' as 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''; (2) the 
``Act of 1947'' as the Act entitled ``An Act to define the 
functions and duties of the Coast and Geodetic Survey and for 
other purposes''; (3) the ``Act of 1970'' as 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''; (4) the 
``Administrator'' as the Administrator of the National Oceanic 
and Atmospheric Administration; and (5) the ``Secretary'' as 
the Secretary of Commerce.

Title I.--Weather, Atmospheric, and Satellite Programs

    Title I authorizes appropriations for Fiscal Years 1998 and 
1999 for the NWS (Section 101), Atmospheric Research (Section 
102) and NESDIS (Section 103). A summary table of Section 101 
authorizations is presented in Table 2. As the table shows, the 
Committee has authorized an increase of $26,757,000 in Fiscal 
Year 1998 for the NWS over its Fiscal Year 1997 funding level.
    [Table 2 follows:]
    
    
Section 101. National Weather Service

    Subsection 101(a) authorizes $458,131,000 for Fiscal Year 
1998 and $451,074,000 for Fiscal Year 1999 for operations and 
research activities of the NWS, including meteorological, 
hydrological, and oceanographic public warnings and forecasts, 
as well as applied research in support of such warnings and 
forecasts. Of these amounts, $3,600,000 for Fiscal Year 1998 
and 1999 shall be for the Tropical Prediction Center/National 
Hurricane Center.
    Subsection 101(b)(1) authorizes $89,713,000 for Fiscal Year 
1998 and $74,453,000 for Fiscal Year 1999 for acquisition of 
major warning and forecast systems, and provides that none of 
the funds in this subsection can be used for the purposes for 
which funds are authorized in Subsection 101(f).
    Subsection 101(b)(2) authorizes $39,591,000 for Fiscal Year 
1998 and $39,887,000 for Fiscal Year 1999 for NEXRAD program 
management, operations, and maintenance. And Subsection 
101(b)(3) authorizes $11,377,000 for Fiscal Year 1998 and 
$11,224,000 for Fiscal Year 1999 for remaining NEXRAD system 
acquisition, program management, support contracts, logistic 
support, and continued product improvement.
    Subsection 101(c) authorizes $15,000,000 for Fiscal Year 
1998 for the acquisition and deployment of new NEXRAD systems 
identified as necessary to prevent a degradation of weather 
service in NWS follow-up studies to the Secretary's Report to 
Congress on Adequacy of NEXRAD Coverage and Degradation of 
Weather Services Under the National Weather Service 
Modernization for 32 Areas of Concern and recommended and 
approved by the Secretary. The authorization includes program 
management, facilities, operations, and maintenance through 
September 30, 1999.
    Subsection 101(d) authorizes $9,835,000 for Fiscal Year 
1998 and $9,942,000 for Fiscal Year 1999 for: (1) the Automated 
Surface Observing System; and (2) the Automated and Remote 
Meteorological Observing System.
    Subsection 101(e) provides that 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 NWS 
telecommunications gateway upgrade, and to cover all associated 
activities, including program management and operations and 
maintenance.
    Subsection 101(f)(1) authorizes $116,910,000 for Fiscal 
Year 1998 and $82,029,000 for Fiscal Year 1999 for AWIPS, of 
which an aggregate of $186,300,000 is to remain available until 
expended to complete the acquisition and deployment of AWIPS. 
Of the aggregate amount of $186,300,000, $22,635,000 shall be 
derived from the use of unobligated prior year funds 
appropriated for NOAA's GOES program. However, no funds are 
authorized to be appropriated under this subsection unless 
within 60 days after submission of the President's budget 
request the Secretary: (A) certifies to Congress that, (i) the 
system meets the technical and performance specifications in 
effect on August 11, 1995, (ii) the system can fully deployed, 
sited, and operational without requiring further appropriations 
beyond amounts authorized, and (iii) the Secretary does not see 
any delays in the deployment and operations schedule; or (B) 
submits to Congress a report describing (i) the circumstances 
which prevent certification, (ii) the remedial actions taken, 
(iii) the effects of such circumstances on systems deployment 
and operations schedule and systems coverage, and (iv) a 
justification for proceeding with the program.
    Subsection 101(g) authorizes $13,823,000 for Fiscal Year 
1998 and $8,189,000 for Fiscal Year 1999 for construction, 
repair, and modification activities relating to new and 
existing weather forecast offices, including planning, design, 
and land acquisition related to such offices.
    Subsection 101(h) authorizes $700,000 for Fiscal Year 1998 
and $809,000 for Fiscal Year 1999 for restructuring of the 
current National Meteorological Center into the National 
Centers for Environmental Prediction.
    Subsection 101(i) authorizes $2,950,000 for Fiscal Year 
1998 and $2,950,000 for Fiscal Year 1999 for NEXRAD Weather 
Service Office maintenance.
    Subsection 101(j) amends certification requirements in the 
Weather Service Modernization Act (15 U.S.C. 313 note) and 
conforms the Act accordingly to require that the Secretary of 
Commerce may not close, automate, of relocate any field office 
unless he or she has certified to Congress that such action 
will not result in a degradation of service as established 
under current modernization criteria. In addition, the 
Secretary may not close or relocate any airport field office if 
the Secretary, in consultation with the Secretary of 
Transportation and the Modernization Transition Committee 
(MTC), determines as result of the Air Safety Appraisal, that 
such action will result in a degradation of safety. The 
Secretary must maintain a public liaison for at least 2 years 
after the closure of any weather office to provide timely 
information regarding NWS that may affect the community, 
including modernization and restructuring, and to work with 
area weather service users, including persons associated with 
general aviation, emergency preparedness, and the news media, 
with respect to provision of timely warnings and forecasts. The 
MTC is required to advise the Congress and the Secretary on the 
implementation of the Strategic Plan, annual development of the 
Plan, the establishment and implementation of modernization 
criteria and on matters affecting public safety and the 
provisions of weather services. Finally, the MTC is terminated 
on September 30, 1997, or 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).
    Subsection 101(k) encourages NWS to initiate a dialogue 
with the Federal Aviation Administration (FAA) to form a bi-
agency working group to assess the potential for NWS 
operational use of FAA weather radar data and to define the 
engineering considerations involved in implementing a data-
sharing link between the two agencies.
    Subsection 101(l) instructs the Secretary of Defense, 
together with the NOAA Administrator, to ensure that the 
NEXRADs operated by the Department of Defense (DOD) that 
provide primary detection coverage over a portion of their 
ranges function as fully committed, reliable elements of the 
National Weather Radar Network, with the same standards and 
quality as NWS radars. NEXRADs operated by DOD that provide 
primary detection coverage over a portion of their ranges are 
to be considered integral parts of the National Weather Radar 
Network.
            Committee Views
    The Committee supports continuation of NWS's modernization 
efforts. The Committee believes this funding level is 
sufficient to ensure that modernization continues on schedule 
and expects the NWS to make modernization its top priority.
    The Committee wants to ensure that NWS is able to fulfill 
its primary mission of protecting life and property. Therefore, 
the Committee has increased the NWS's Local Warnings and 
Forecasts account $16,762,000 above the Fiscal Year 1997 
appropriated level for Fiscal Years 1998 and 1999. The NWS is 
expected to use these increases to restore temporary reductions 
in COMET training, centralized logistics quantities, 
operational equipment replacements, operational supplies and 
stock levels, and operations and maintenance for the Central 
Communications Network. However, the Committee expects that NWS 
will still work to reduce staff and overhead, close unneeded 
weather service offices, and terminate services the private 
sector is willing and able to provide.
    The Committee emphasizes that completing the modernization 
should be the NWS's top priority. The Committee is encouraged 
that while the number of NWS full-time equivalents (FTEs) 
increased from 4,545 from Fiscal Year 1990 to 5,815 in Fiscal 
Year 1995--an increase of 28 percent--the number of FTEs in the 
President's budget request for Fiscal Year 1998 is down to 
4,894. The Committee expects that as the modernization is 
completed, larger savings from significant reductions in staff 
will become evident. However, these savings will not occur 
unless modernization is completed on schedule.
    The Committee is in favor of authorizing sufficient funds 
for remaining NEXRAD acquisition, program management, 
operations and maintenance, and continued product improvement. 
In addition, the Committee recognizes that new NEXRADs may be 
needed to prevent degradation of service in certain areas that 
are the subject of NWS follow-up studies to the Secretary's 
Report to Congress on Adequacy of NEXRAD Coverage and 
Degradation of Weather Services Under the National Weather 
Service Modernization for 32 Areas of Concern. These follow-up 
studies, which will be competed in the fall of 1997, may 
indicate the need for deployment of additional WSR-88D Doppler 
weather radars. The Committee supports funding of $15.0 million 
for Fiscal Year 1998, to be available through Fiscal Year 1999, 
for procurement of NEXRADs for these areas if it is determined 
in the follow-up studies that the radars are necessary to 
prevent degradation of weather service and if the Secretary 
recommends and approves these mitigation actions.
    The Committee has fully authorized AWIPS and NOAAPort. The 
Committee believes the complete program authorization of 
$186,300,000 is sufficient to complete the acquisition and 
deployment of AWIPS and cover all associated activities through 
the end of Fiscal Year 1999. This figure represents the 
unexpended balance from the NWS's projected total cost for 
AWIPS of $547,635,000. The Committee further notes that NOAA 
should be required to use $22,635,000 in unobligated funds from 
NOAA's Geostationary Operational Environmental Satellite 
Program to fund part of the AWIPS program in Fiscal Year 1998, 
thus reducing NOAA's total budget authority remaining for this 
program from $186.3 million to $163.665 million.
    However, the Committee remains concerned that NOAA will be 
unable to complete the AWIPS acquisition and deployment program 
within the amounts negotiated with Congress at the time of the 
Limited Deployment Decision in January, 1997. The Committee is 
especially troubled that NOAA has yet to develop a detailed 
plan to integrate the government-supplied software, WFO-
Advanced, into AWIPS. Moreover, NOAA has yet to develop a 
comprehensive plan to complete the project, making it difficult 
for the Committee to assess whether the costs estimates NOAA 
has provided are reasonable. The Committee would also like to 
reiterate its position that, once deployed, the system should 
meet the performance specifications in effect as of August 11, 
1995. Moreover, the Committee is in agreement that any cost 
overruns in the AWIPS program will be borne by NOAA.
    The Committee notes that the construction of the Weather 
Forecast Offices account has been authorized for Fiscal Year 
1998 and Fiscal Year 1999 at the Administration's levels and 
expects these funds to be sufficient to meet the Service's 
current modernization schedule. Further, the Committee supports 
funding to carry out restructuring of the National 
Meteorological Center into the National Centers for 
Environmental Prediction.
    The Committee supports streamlining certification process 
required under Sections 706 and 707 of the Weather Service 
Modernization Act (15 U.S.C. 313 note) for closure of weather 
service offices. The amendments in the bill will eliminate 
unnecessary paperwork and documentation required of each 
certification. They will also terminate the Modernization 
Transition Committee once its role is completed. The Committee 
believes that the present certification process is burdensome 
and costly. NOAA has calculated the savings from elimination of 
the certification process at $35,100,000 million over 5 years, 
and the Committee agrees that the money saved through 
streamlining could be better spent on weather service 
modernization.
    Finally, the Committee supports the NWS's streamlining 
plans. The Committee notes that this streamlining is an 
integral part of the modernization process and will 
significantly improve the NWS's ability to issue severe weather 
warnings since the newly modernized offices, although fewer in 
number, will be better equipped to forecast the weather.

Section 102. Atmospheric Research

    Subsection 102 authorizes (a) $116,902,000 for Fiscal Year 
1998 and $118,803,000 for Fiscal Year 1999 for climate and air 
quality research, including interannual and seasonal climate 
research and long-term climate and air-quality research; (b) 
$43,456,000 for Fiscal Year 1998 and $44,194,000 for Fiscal 
Year 1999 for atmospheric research, including developing 
improved prediction capabilities for atmospheric processes and 
solar-terrestrial research and services; (c) $12,884,000 for 
Fiscal Year 1998 and $12,884,000 for Fiscal Year 1999 for data 
acquisition activities of the Office of Oceanic and Atmospheric 
Research; and (d) $1,900,000 for Fiscal Year 1998 and 
$9,078,000 for Fiscal Year 1999 to continue the modifications 
to the Boulder Laboratory in Boulder, Colorado.
            Committee Views
    The Committee supports funding climate and air quality 
research at $109,902,000 for Fiscal Year 1998, slightly above 
the Fiscal Year 1997 appropriated level, and $111,803,000 for 
Fiscal Year 1999.
    The bill provides full funding authorization for Fiscal 
Year 1998 and Fiscal Year 1999 for interannual and seasonal 
climate research and long-term and air quality climate 
research. However, the Committee is concerned over the 
socioeconomic component of the climate and global change 
research program.
    In addition, the Committee recommendation requires the use 
of $7,000,000 in unobligated funds in the Geostationary 
Operational Environmental Satellite program for the GLOBE 
program for each of Fiscal Year 1998 and 1999.
    The Committee believes that the levels included in the bill 
are sufficient to continue NOAA's climate research programs. In 
order to maintain the highest scientific standards, the 
Committee recommends that NOAA's Office of Global Programs 
should continue to allocate all of its climate research funds 
through a competitive, peer-reviewed process.
    The Committee also supports funding at the Fiscal Year 1998 
requested and Fiscal Year 1999 projected levels for acquisition 
of data and for the Boulder Laboratory to cover above standard 
costs.

Section 103. National Environmental Satellite, Data, and Information 
        Service

    Subsection 103(a) authorizes $346,344,000 (reduced by 
$12,400,000) for Fiscal Year 1998 and $522,255,000 (reduced by 
$7,000,000) for Fiscal Year 1999, to remain available until 
expended, for satellite observing systems, including spacecraft 
procurement, launch, operation, and associated ground-station 
systems for geostationary and polar-orbiting satellites.
    Of the sums authorized in Subsection 103(a),

 Subsection 103(b) authorizes $82,905,000 for Fiscal 
        Year 1998 and $172,684,000 for Fiscal Year 1999, to 
        remain available until expended, for the procurement, 
        launch, and supporting ground systems for the Polar-
        Orbiting Operational Environmental Satellites K-N' 
        (POES).
 Subsection 103(c) authorizes $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), launch, and supporting 
        ground systems.
 Subsection 103(d) authorizes $147,819,000 for Fiscal 
        Year 1998 and $256,421,000 for Fiscal Year 1999 for the 
        procurement of up to three Geostationary Operational 
        Environmental Satellites (GOES N-Q), instruments, and 
        supporting ground systems.
 Subsection 103(e) authorizes $9,970,000 for Fiscal 
        Year 1998 and $5,400,000 for Fiscal Year 1999 for the 
        Wallops Island backup, product development, and 
        operating adjustment activities of the GOES program.
 Subsection 103(f) authorizes $3,800,000 for Fiscal 
        Year 1998 and $3,800,000 for Fiscal Year 1999 for ocean 
        remote sensing activities.
 Subsection 103(g) authorizes $50,347,000 for Fiscal 
        Year 1998 and $48,950,000 for Fiscal Year 1999 for 
        environmental observing services; and
 Subsection 103(h) authorizes $43,835,000 for Fiscal 
        Year 1998 and $43,835,000 for Fiscal Year 1999 for 
        environmental data and information services, including 
        climate data, geophysical data, and environmental 
        assessment and information services.

            Committee Views
    The Committee continues to be concerned that the current 
NESDIS budget may not be sustainable and that over the next 5 
years it may have to decline significantly. While the Committee 
supports full funding for NESDIS satellite programs, it does 
not support any NESDIS activities which could lead to 
significant cost increases in the future.
    The Committee notes with concern a recent GAO analysis that 
estimates $20.5 million and $53.6 million in unobligated 
carryovers for the end of Fiscal Year 1998 in the POES and GOES 
programs, respectively. The Committee supports the use of 
$35,035,000 of the carryover in the GOES program for the 
National Undersea Research Program, ($5,400,000) the GLOBE 
program ($7,000,000), and AWIPS acquisition and deployment 
($22,635,000). However, the Committee believes that NOAA should 
work to improve the financial management of these programs and 
to reduce the amount of unobligated carryover balances in its 
satellite programs.
    The Committee recommends funding the POES program at the 
levels recommended by NOAA. The Committee also recommends 
funding for the NPOESS convergence program, which will merge 
the POES systems with the Defense Meteorological Satellite 
Program, at the levels found in the President's Budget. The 
Committee believes that NOAA should coordinate the POES and 
NPOESS program to ensure that gap-filler polar satellites are 
not required.
    The Committee continues to support funding three, not four, 
new GOES N-Q series satellites, and authorizes funding for 
these satellites at the levels identified in the President's 
Fiscal Year 1998 Budget Request. H.R. 1278 authorizes 
$147,819,000 for Fiscal Year 1998 and $256,421,000 for Fiscal 
Year 1999 to procure these satellites. The Committee is 
committed to authorizing adequate funds to ensure continuity of 
satellite coverage but is not yet convinced of the need for 
four GOES clones (GOES N-Q).
    The Committee also supports full funding for the Command 
and Data Acquisition station at Wallops Island backup, product 
development, and operating adjustments in the GOES I-M program. 
The Wallops Island backup is necessary to ensure uninterrupted 
operation of GOES satellites and the acquisition of GOES 
imaging and sounding data.
    Although not authorized in H.R. 1278, the Committee also 
recommends that the GOES I-M series satellites be funded at 
$79,884,000 for Fiscal Year 1998 and $96,700,000 for Fiscal 
Year 1999. These satellites are authorized under the National 
Oceanic and Atmospheric Administration Act of 1992 (Public Law 
102-567). The Committee supports NOAA's decision to store GOES-
K in space to reduce the risk of a break in continuity. 
However, NOAA needs to develop better protocols for providing 
backup in case of launch failure and more consistent policies 
for replacing spacecraft that experience partial failures.
    The Committee also notes its concern that no money for the 
GOES-Next program is to be requested before Fiscal Year 2000. 
The Committee would support efforts by NOAA to begin assessing 
engineering and technical requirements and options for the new 
spacecraft in plenty of time to keep the program schedule on 
track and prevent gaps in satellite coverage. The Committee 
agrees with a recent finding by the National Research Council 
that, given the long lead times needed to develop new 
spacecraft and technologies, NOAA should carefully consider 
launch schedules and procurement cycles in its planning.
    Finally, the Committee recommends full funding for ocean 
remote sensing, environmental observing services, and 
environmental data and information services.

Title II.--Marine Research

    Table 3 presents a summary of authorizations in Title II. 
The Committee recommends funding navigation services at the 
requested Fiscal Year 1998 level and the estimated Fiscal Year 
1999 level.
    [Table 3 follows:]
    
    
Section 201. National Ocean Service

    Subsection 201(a) authorizes: (1) $36,100,000 for Fiscal 
Year 1998 and $36,100,000 for Fiscal Year 1999 for mapping and 
charting activities; (2) $19,159,000 for Fiscal Year 1998 and 
$19,159,000 for Fiscal Year 1999 for geodesy activities; and 
(3) $11,000,000 for Fiscal Year 1998 and $11,187,000 for Fiscal 
Year 1999 for tide and current observation activities.
    Subsection 201(b) authorizes (1) $2,674,000 for Fiscal Year 
1998 and $2,719,000 for Fiscal Year 1999 for estuarine and 
coastal assessment activities. In addition to those sums, 
Subsection 201(b) authorizes (2) $28,425,000 for Fiscal Year 
1998 and $27,840,000 for Fiscal Year 1999 for the National 
Status and Trends Program, the Strategic Environmental 
Assessment Program, and the Hazardous Materials and Assessment 
Program; (3) $1,000,000 for Fiscal Year 1998 and $1,017,000 for 
Fiscal Year 1999 for Oil Pollution Act of 1990 activities; and 
(4) $2,800,000 for Fiscal Year 1998 and $2,848,000 for Fiscal 
Year 1999 for ocean service duties, including acquisition of 
sea-surface and ocean temperature profiles from specially 
instrumented commercial vessels and storing and archiving the 
acquired data.
    Subsection 201(c) authorizes $15,200,000 for Fiscal Year 
1998 and $15,458,000 for Fiscal Year 1999 for the Coastal Ocean 
Program; and Subsection 201(d) authorizes $14,546,000 for 
Fiscal Year 1998 and $14,546,000 for Fiscal Year 1999 for data 
acquisition activities of the National Ocean Service.

Section 202. Ocean and Great Lakes Programs

    Subsection 202(a) authorizes $17,326,000 for Fiscal Year 
1998 and $17,620,000 for Fiscal Year 1999 for marine prediction 
research activities.
    Subsection 202(b)(1) authorizes $5,400,000 for Fiscal Year 
1998 for the National Undersea Research Program (NURP); (2) 
prohibits funds appropriated pursuant to this Act to be 
obligated unless competitively awarded and subject to a peer 
review process established under (3); and (3) instructs the 
Secretary to submit to the appropriate Congressional Committees 
a plan to restructure NURP that includes a National Undersea 
Research Advisory Council and a National Undersea Research Peer 
Review Panel to ensure the quality of the scientific research 
carried out under the program, the responsiveness of the 
program to NOAA's mission and needs, and the responsiveness of 
the program to key national needs in oceanographic research.
            Committee Views
    The Committee supports funding marine prediction research 
and the Great Lakes Environmental Research Laboratory at levels 
consistent with the request for Fiscal Year 1998 and the 
estimate for Fiscal Year 1999. The Great Lakes Environmental 
Research Laboratory (GLERL) in Ann Arbor, Michigan, is one of 
only two non-regulatory federal lake/coastal-waters-related 
research labs in the Great Lakes basin. The benefits GLERL 
provides to taxpayers far surpasses its costs by providing 
crucial data and information to decision-makers at all levels, 
while providing the science necessary to protect the world's 
largest body of fresh surface water--one of our nation's most 
precious and vital natural resources. The Committee's funding 
level for the Great Lakes Environmental Research Lab of $5.2 
million reflects the quality of the work performed by the lab. 
The Committee's expanded funding for Marine Prediction Research 
activities in Fiscal Year 1999 will provide even greater 
potential for GLERL to contribute to research in this important 
area.
    In addition, the Committee supports authorizing $5,400,000 
in funding for NURP. The Committee believes NURP grants should 
be competitively awarded and subject to peer review, and 
supports restructuring the program to ensure that the science 
carried out under the program is of high quality.

Title III.--Program Support and Other Accounts

Section 301. Program Support

    Table 4 provides recommended funding levels for Title III. 
The Committee supports reducing administration and services by 
5 percent below the Fiscal Year 1997 appropriation in Fiscal 
Year 1998, and another 5 percent in Fiscal Year 1999. Aircraft 
services and retired pay are funded at the requested level, 
consistent with the Committee's views.
    [Table 4 follows:]
    
    
    Section 301 authorizes: (a) $18,240,000 for Fiscal Year 
1998 and $17,328,000 for Fiscal Year 1999 for executive 
direction and administrative activities; (b) $1,423,000 for 
Fiscal Year 1998 and $1,351,000 for Fiscal Year 1999 for 
systems acquisition office activities; (c) $31,350,000 for 
Fiscal Year 1998 and $29,783,000 for Fiscal Year 1999 for 
central administrative support activities; (d) $14,000,000 for 
Fiscal Year 1998 for retired pay for retired commissioned 
officers of NOAA under the Act of 1970; (e) $9,900,000 for 
Fiscal Year 1998 and $9,900,000 for Fiscal Year 1999 for 
aircraft service activities, including aircraft operations, 
maintenance, and support; (f) $11,823,000 for Fiscal Year 1998 
and $11,823,000 for Fiscal Year 1999 for fleet maintenance and 
planning activities; and (g) reduces the total amount 
authorized to be appropriated pursuant to this Act by 
$25,500,000 for Fiscal Year 1998 and $14,000,000 for Fiscal 
Year 1999 to reflect use of prior year balances.

Title IV.--Streamlining Operations

Section 401. Programs

    Subsection 401(a) provides that no funds are authorized to 
be appropriated for the following ten programs and accounts: 
(1) Fleet Replacement in the Capital Assets Acquisition 
Account; (2) Federal/State Weather Modernization Grants; (3) 
the Southeast Storm Research Account; (4) National Institute 
for Environmental Renewal; (5) NWS non-federal, non-wildfire 
Fire Weather Service; (6) NWS Regional Climate Centers; (7) the 
Goddard Science Center; (8) NWS Samoa Weather Forecast Office 
Repair and Upgrade Account; (9) Dissemination of Weather Charts 
(Marine Facsimile Service) and; (10) National Coastal Resources 
and Development Institute Account.
    Subsection 401(b) requires the Secretary, no later than 60 
days after the date of this Act's enactment, will submit a 
report to Congress certifying that all programs listed in 
Subsection 409(a) will be terminated by September 30, 1997. And 
Subsection 401(c) repeals the NOAA Fleet Modernization Act (33 
U.S.C. 851 note).
            Committee Views
    The Committee recommendation supports terminating the 
following ten programs and accounts:

 Fleet Replacement in the Capital Acquisitions 
        Account--The Committee believes NOAA does not need its 
        own fleet, and that the non-profit and the private 
        sectors are capable of supplying NOAA with the data 
        and/or days-at-sea its missions require. NOAA's aged 
        fleet already requires substantial repair, and we see 
        no reason to extend the life of the NOAA fleet further 
        by continuing to build, retrofit, and conduct major 
        repairs on NOAA vessels. The Committee notes that a new 
        NOAA fleet would cost $1 billion, and possibly more. 
        Such an outlay is inconsistent with efforts to balance 
        the budget by 2002. In light of this, the Committee 
        believes that the best and most cost-effective 
        alternative to NOAA's fleet is the use of University-
        National Oceanographic Laboratory System (UNOLS) and 
        private vessels. The Committee therefore supports a 
        moratorium on the construction and repairs-to-extend of 
        NOAA vessels. The Committee further supports retiring 
        the rest of the NOAA fleet at the earliest possible 
        date.
 Federal/State Weather Modernization Grants--The 
        Committee does not support funding this program, which 
        is currently unfunded.
 The Southeast Storm Research Account--The Committee 
        does not support funding this program, which is 
        currently unfunded.
 National Institute for Environmental Renewal--The 
        Committee does not support funding this program, which 
        is currently unfunded.
 NWS non-federal, non-wildfire Fire Weather Service--In 
        keeping with the Committee's support for eliminating 
        all specialized NWS services which the private sector 
        is willing and able to conduct, the Committee supports 
        NOAA's decision to end this program.
 NWS Regional Climate Centers--The Committee supports 
        the Administration's proposal to privatize this 
        program.
 The Goddard Science Center--The Committee is not 
        convinced that alternatives to constructing a new 
        facility, including leasing options, have been fully 
        explored by NOAA.
 NWS Samoa Weather Forecast Office Repair and Upgrade 
        Account--The Committee does not support funding this 
        program.
 Dissemination of Weather Charts (Marine Facsimile 
        Service)--In keeping with the Committee's support for 
        eliminating all specialized products produced by NWS 
        that the private sector is willing and able to conduct, 
        the Committee supports the Administration in 
        terminating this program.
 National Coastal Resources and Development Institute 
        Account--The Committee agrees with NOAA's proposal to 
        end funding for this program.

Section 402. Limitations on Appropriations

    Section 402 authorizes: (a) no more than $1,039,206,000 for 
Fiscal Year 1998 and $1,020,131,000 for Fiscal Year 1999 for 
all activities associated with the Operations, Research, and 
Facilities (ORF) appropriation account; (b) $410,808,000 for 
Fiscal Year 1998 and $548,101,000 for Fiscal Year 1999 for all 
activities associated with Capital Assets Acquisition 
appropriation account activities authorized under this Act; and 
(c) no more than $20,000,000 in Fiscal Year 1998 and 
$20,500,000 for Fiscal Year 1999 of the sums appropriated to 
the ORF account for travel and related expenses for NOAA 
personnel.
            Committee Views
    The Committee recommends a ceiling on the NOAA ORF account 
of $1,039,206,000 for Fiscal Year 1998 and $1,020,131,000 for 
Fiscal Year 1999 and on the NOAA Capital Assets Acquisition 
account of $410,808,000 for Fiscal Year 1998 and $548,101,000 
for Fiscal Year 1999, for all activities and programs 
authorized in the bill.
    The Committee also recommends a general reduction in NOAA's 
travel budget of $7,700,000 below the Fiscal Year 1997 
appropriated level in Fiscal Year 1998, and supports limiting 
NOAA's total travel budget for Fiscal Year 1998 to $20,000,000 
and for Fiscal Year 1999 to $20,500,000.

Section 403. Disestablishment of the Corps of Commissioned Officers

    Subsection 403(a) mandates that no commissioned officers 
are authorized for any Fiscal Year after Fiscal Year 1997 and 
(b) that commissioned officers separated from NOAA's active 
list shall be eligible only for severance pay, in accordance 
with the terms and conditions of section 5595 of title 5, 
United States Code.
    Subsection 403(c) allows commissioned officers subject to 
Subsection 403(a) to (1) transfer to the armed services subject 
to the approval of the Secretary of Defense; (2) to transfer to 
the U.S. Coast Guard subject to the approval of the Secretary 
of Transportation; or (3) to be employed by NOAA as a member of 
the civil service subject to the approval of the Administrator 
of NOAA. However, no additional NOAA positions beyond those 
already in existence may be created pursuant to this paragraph. 
Subsection 403(c)(4) requires the Administrator, before 
December 1, 1997, to submit to Congress a report listing all 
officers employed by the NOAA, a description of their 
responsibilities as a member of the NOAA Corps, and a 
description of their responsibilities as civil service 
employees of NOAA.
    Subsections 403(d)(1) and 403(d)(2) repeal a number the 
provisions of law effective October 1, 1997, and following the 
repeal of provisions under these subsections, 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.
    Subsection 403(e) abolishes the Office of the NOAA Corps of 
Operations and Commissioned Personnel Center as of September 
30, 1997.
            Committee Views
    The Committee supports the Administration's policy to 
disestablish the NOAA Corps at the end of Fiscal Year 1997. The 
Committee also recommends that the Secretary not grant 
severance pay to any Corps officers who are rehired as civilian 
employees by NOAA. The Committee believes NOAA should only re-
hire NOAA Corps officers if they are the best qualified 
applicants for the job. Members of the NOAA Corps should also 
be eligible for transfer to one of the armed services or the 
Coast Guard, subject to the approval of the Secretary of 
Defense or Transportation.

Section 501. Weather Data Buoys

    Section 501(a) prohibits unauthorized persons from 
interfering with any National Data Buoy Center weather data 
buoys; (b) authorizes the Administrator to assess a penalty of 
not more than $10,000 for each violation of this section; and 
(c) authorizes the Administrator to offer and pay rewards for 
information regarding violations of this section.
            Committee Views
    The Committee supports the imposition of a fine not to 
exceed $10,000 for tampering with weather data buoys.

Section 502. Duties of the National Weather Service

    Subsection 502(a) provides that the Secretary of Commerce, 
in order to protect life and property and enhance the national 
economy, through the NWS, shall be responsible for forecasts 
and shall serve as the sole official source of weather and 
flood warnings; the issue of storm warnings; the collection, 
exchange, and distribution of meteorological, hydrological, 
climatic, and oceanographic data and information; and the 
preparation of hydrometeorological guidance and core forecast 
information.
    Subsection 502(b) stipulates that the NWS will not compete 
with the private sector when a service not specified in 
Subsection 502(a) is provided or can be provided by commercial 
enterprise unless the Secretary finds that the private sector 
is unwilling or unable to provide the service.
    Subsection 502(c) amends the Act of 1890 accordingly; and 
Subsection 502(d) requires the Secretary submit a report to 
Congress no later than 60 days after the enactment of this Act 
detailing all NWS activities which do not conform to the 
requirements of this section and outlining a timetable for 
their termination.
            Committee Views
    The Committee supports privatizing specialized weather 
services provided by NWS and recommends that the Secretary of 
Commerce develop criteria for determining which services should 
be privatized. The Committee notes that NWS has a good working 
relationship with the commercial weather service sector and 
supports the continuation of that relationship. The Committee 
recommends that NWS continue its practice of collecting, 
exchanging, and distributing weather data and information in 
real time and in a non-discriminatory manner. The Committee 
also reiterates that NWS is the sole official source of weather 
and flood warnings. The Committee further notes, however, that 
this designation should in no way preclude private weather 
forecasters from issuing weather forecasts.

Section 503. Marine Services

    Subsection 503(a) gives the Secretary the authority to 
contract out for the use of vessels to acquire data as 
necessary, and the Secretary must enter into these contracts 
unless: (1) the cost of the contract is more than the cost for 
NOAA to perform the service itself; (2) the contract is for 
more than 7 years; and (3) the data is acquired through a 
vessel agreement pursuant to paragraph Subsection 503(d).
    Subsection 503(b) prohibits the Secretary from entering 
into any contract for the construction, lease-purchase, 
upgrade, or service life extension of any vessel.
    Subsection 503(c)(1) allows the Secretary to acquire data 
under multiyear contracts. However, the Secretary may not enter 
into a contract pursuant to this subsection unless the 
Secretary finds 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. Subsection 503(c)(3) 
forbids the Secretary from pursuing a multiyear contract unless 
such contract includes: (i) a provision obligating the U.S. to 
make payments for any Fiscal Year subject to appropriations 
provided in advance for those payments; (ii) a provision that 
specifies the term of effectiveness of the contract; and (iii) 
appropriate provisions in case of any termination of the 
contract that the U.S. shall be liable for the lesser of an 
amount specified in the contract for such a termination or 
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.
    Finally, Subsection 503(d) requires the Secretary to use 
excess capacity of University National Oceanographic Laboratory 
System vessels where appropriate.
            Committee Views
    The NOAA fleet is aging and already requires substantial 
repair; the average age of a NOAA vessel is about 18 years. It 
is estimated that a new NOAA fleet would as high as $1 billion, 
and possibly more. Such an expenditure is inconsistent with 
efforts to balance the budget by 2002.
    The Committee sees no reason to extend the life of the NOAA 
fleet by continuing to build, retrofit, and conduct major 
repairs on NOAA vessels. The Committee therefore supports a 
moratorium on the construction and repairs-to-extend of NOAA 
vessels. The Committee further supports retiring the rest of 
the NOAA fleet at the earliest possible date.
    The Committee believes NOAA should increase outsourcing for 
data acquisition and should contract UNOLS and private vessels 
more frequently. Of the $52,528,000 NOAA has requested for 
acquisition of data across all programs, only about $2,600,000 
is planned for outsourcing. The Committee believes NOAA does 
not need its own fleet and that non-profit and private vessels 
can supply NOAA with the vessel and day-at-sea services it 
requires.

Section 504. National Oceanographic Partnership Program

    Section 504 authorizes NOAA to participate in the National 
Oceanographic Partnership Program.
            Committee Views
    The Committee has included bill language specifically 
authorizing NOAA to participate in the National Oceanographic 
Partnership Program. The Committee endorses the goals of the 
Program to increase the efficiency with which ocean and marine 
research is carried out among nine federal agencies, academia, 
and industry. The Committee encourages NOAA to take an active 
role in the Program through membership in the National 
Oceanographic Research Leadership Council. It also supports use 
of the Partnership Program mechanism to leverage NOAA 
oceanographic resources and to coordinate research efforts with 
other federal agencies and other organizations having similar 
research requirements. Further, the Committee encourages NOAA 
to incorporate funding requests for the National Oceanographic 
Partnership Program into future budget requests.

Section 505. Limitations

Subsection 505(a). Prohibition of Lobbying Activities

    Subsection 505(a) forbids the use of funds authorized by 
this Act for any activity whose purpose is to influence 
legislation pending before Congress. However, this subsection 
does not prevent employees of the departments or agencies from 
communicating with Members of Congress to conduct public 
business.
            Committee View
    The Committee is committed to ensuring that awards for 
research are used solely for that purpose. Funds should not be 
used for any purpose, other than that specified in the award. 
The Committee, however, does not exclude appropriate 
communications between the executive branch and the Congress.

Subsection 505(b). Limitation on Appropriations

    Subsection 505(b) provides that no sums are authorized to 
be appropriated that are not specifically authorized to be 
appropriated by this Act for Fiscal Years 1998 and 1999, or by 
an Act of Congress in succeeding Fiscal Years.
            Committee View
    The Committee emphasizes that the only funds authorized to 
be appropriated for National Oceanic and Atmospheric 
Administration are made available under this Act. It is the 
Committee's position that annual authorizations designating 
specific sums are required for appropriations of such sums to 
be authorized. Organic act authority permits agency missions 
and programmatic activity, but is not sufficient to authorize 
actual funding.

Subsection 505(c). Eligibility for Awards

    Subsection 505(c) requires the head of each federal agency 
for which funds are authorized under this Act to exclude from 
consideration for grant agreements, for a period of 5 years, 
any person who received funds for a project not subject to 
competitive, merit-based review process after Fiscal Year 1997. 
The subsection is not applicable to awards to long-standing 
Cooperative Research and Development Agreement program nor 
awards to persons who are members of a class specified by law 
for which assistance is awarded according to formula provided 
by law.
            Committee View
    The Committee has a long-standing position that awards 
should be made on a competitive, merit-based process that 
ensures that taxpayers' dollars are spent in the most cost-
effective and productive manner.

Section 506. Notice

    Section 506(a) requires that if any funds of this Act, or 
amendments made by this Act, are subject to reprogramming which 
requires notice to be given to the Appropriations Committees of 
the House of Representatives and the Senate, notice of such 
action shall be concurrently provided to the Committees on 
Science and Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.
    Section 506(b) requires the National Oceanic and 
Atmospheric Administration to notify 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 if any program, project, or 
activity of the National Oceanic and Atmospheric Administration 
is preparing to undergo any major reorganization no later than 
15 days prior to such reorganization.
            Committee View
    The Committee believes that such notice must be given if it 
is to carry out its oversight responsibilities under the Rules 
of the House.

Section 507. Sense of Congress on the Year 2000 Problem

    It is the sense of Congress that NOAA should give high 
priority to correcting the year 2000 problem in all of its 
computer systems to ensure effective operation in the year 2000 
and beyond. NOAA needs to assess immediately the risk of the 
problem upon their systems and develop a plan and a budget to 
correct the problem for its mission-critical programs. NOAA 
also needs to begin consideration of contingency plans, in the 
event that certain systems are unable to be corrected in time.
            Committee Views
    Despite knowing of the problem for years, the Federal 
Government has yet to adequately create strategies to address 
the year 2000 problem. The Committee believes Congress should 
continue to take a leadership role in raising awareness about 
the issue with both government and the private sector.
    The potential impact on federal programs if the year 2000 
problem is not corrected in an effective and timely manner is 
substantial and potentially serious. If federal computers are 
not prepared to handle the change of date on January 1, 2000, 
there is a risk to all government systems and the programs they 
support. It is imperative that such corrective action be taken 
to avert disruption to critical Federal Government programs.

Section 508. Buy American

    Section 508 requires any entity that is appropriated funds 
pursuant to this act or amendments thereto, to comply with 
sections 2-4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act''); and that 
recipients of funds pursuant to this act shall be notified of 
subsection (a)'s requirement of compliance with the Buy 
American Act.
            Committee View
    It is the Committee's position that the Federal Government 
buy goods manufactured in the United States when feasible, and 
where cost-effective and practicable.

                     VIII. Committee Cost Estimate

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires each committee report accompanying 
each bill or joint resolution of a public character to contain: 
(1) an estimate, made by such Committee, of the costs which 
would be incurred in carrying out such bill or joint resolution 
in the fiscal year in which it is reported, and in each of the 
5 fiscal years following such fiscal year (or for the 
authorized duration of any program authorized by such bill or 
joint resolution, if less than 5 years); (2) a comparison of 
the estimate of costs described in subparagraph (1) of this 
paragraph made by such Committee with an estimate of such costs 
made by any government agency and submitted to such Committee; 
and (3) when practicable, a comparison of the total estimated 
funding level for the relevant program (or programs) with the 
appropriate levels under current law. However, clause 7(d) of 
that rule provides that this requirement does not apply when a 
cost estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974 has been timely submitted 
prior to the filing of the report and included in the report 
pursuant to clause 2(l)(3)(C) of rule XI. A cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of this 
report and included in Section IX of this report pursuant to 
clause 2(l)(3)(C) of rule XI.
    Clause 2(l)(3)(B) of rule XI of the Rules of the House of 
Representatives requires each committee report that accompanies 
a measure providing new budget authority (other than continuing 
appropriations), new spending authority, or new credit 
authority, or changes in revenues or tax expenditures to 
contain a cost estimate, as required by section 308(a)(1) of 
the Congressional Budget Act of 1974 and, when practicable with 
respect to estimates of new budget authority, a comparison of 
the total estimated funding level for the relevant program (or 
programs) to the appropriate levels under current law. H.R. 
1278 does not contain any new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
1278 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section IX of this report.

             IX. Congressional Budget Office Cost Estimate

    [The CBO estimate follows:]
    
    
                  X. Compliance With Public Law 104-4

    H.R. 1278 contains no unfunded mandates.

          XI. Committee Oversight Findings and Recommendations

    Clause 2(l)(3)(A) of rule XI of the Rules of the House of 
Representatives requires each committee report to include 
oversight findings and recommendations required pursuant to 
clause 2(b)(1) of rule X. The Committee has no oversight 
findings.

    XII. Oversight Findings and Recommendations by the Committee on 
                    Government Reform and Oversight

    Clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives requires each committee report to contain a 
summary of the oversight findings and recommendations made by 
the House Government Reform and Oversight Committee pursuant to 
clause 4(c)(2) of rule X, whenever such findings and 
recommendations have been submitted to the Committee in a 
timely fashion. The Committee on Science has received no such 
findings or recommendations from the Committee on Government 
Reform and Oversight.

                XIII. Constitutional Authority Statement

    Clause 2(l)(4) of rule XI of the Rules of the House of 
Representatives requires each report of a Committee on a bill 
or joint resolution of a public character to include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the law proposed by the bill or joint 
resolution. Article I, section 8 of the Constitution of the 
United States grants Congress the authority to enact H.R. 1278.

               XIV. Federal Advisory Committee Statement

    This legislation does not establish or authorize the 
establishment of a new advisory committee.

                  XV. Congressional Accountability Act

    The Committee finds that H.R. 1278 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).



       XVI. Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                   WEATHER SERVICE MODERNIZATION ACT

          * * * * * * *

SEC. 706. RESTRUCTURING FIELD OFFICES.

    Sec. 706. (a) Prohibition.--The Secretary shall not close, 
before January 1, 1996, any field office pursuant to 
implementation of the Strategic Plan.
    [(b) Certification.--The Secretary shall not close, 
consolidate, automate, or relocate any field office, unless the 
Secretary has certified that such action will not result in any 
degradation of service. Such certification shall include--
            [(1) a description of local weather characteristics 
        and weather-related concerns which affect the weather 
        services provided within the service area;
            [(2) a detailed comparison of the services provided 
        within the service area and the services to be provided 
        after such action;
            [(3) a description of any recent or expected 
        modernization of National Weather Service operations 
        which will enhance services in the service area;
            [(4) an identification of any area within any State 
        which would not receive coverage (at an elevation of 
        10,000 feet) by the next generation weather radar 
        network;
            [(5) evidence, based upon operational demonstration 
        of modernized National Weather Service operations, 
        which was considered in reaching the conclusion that no 
        degradation in service will result from such action; 
        and
            [(6) any report of the Committee submitted under 
        section 707(c) that evaluates the proposed 
        certification.
    [(c) Public Review.--Each certification decision shall be 
preceded by--
            [(1) publication in the Federal Register of a 
        proposed certification; and
            [(2) a 60-day period after such publication during 
        which the public may provide comments to the Secretary 
        on the proposed certification.
    [(d) Final Decision.--If after consideration of the public 
comment received under subsection (c) the Secretary, in 
consultation with the Committee, decides to close, consolidate, 
automate, or relocate any such field office, the Secretary 
shall publish a final certification in the Federal Register and 
submit the certification to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives.
    [(e) Special Circumstances.--The Secretary may not close or 
relocate any field office--
            [(1) which is located at an airport, unless the 
        Secretary, in consultation with the Secretary of 
        Transportation and the Committee, first conducts an air 
        safety appraisal, determines that such action will not 
        result in degradation of service that affects aircraft 
        safety, and includes such determination in the 
        certification required under subsection (b); or
            [(2) which is the only office in a State, unless 
        the Secretary first evaluates the effect on weather 
        services provided to in-State users, such as State 
        agencies, civil defense officials, and local public 
        safety offices, and includes in the certification 
        required under subsection (b) the Secretary's 
        determination that a comparable level of weather 
        services provided to such in-State users will remain.
    [(f) Liaison Officer.--The Secretary may not close, 
consolidate, automate, or relocate a field office until 
arrangements have been made to maintain for a period of at 
least 2 years at least one person in the service area to act as 
a liaison officer who--
            [(1) provides timely information regarding the 
        activities of the National Weather Service which may 
        affect service to the community, including 
        modernization and restructuring; and
            [(2) works 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.]
    (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.
    (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.

SEC. 707. MODERNIZATION TRANSITION COMMITTEE.

    (a) * * *
          * * * * * * *
    [(c) Duties.--(1) The Committee may review any proposed 
certification under section 706 for which the Secretary has 
provided a notice of intent to certify in the Plan, and should 
review such a proposed certification if there is a significant 
possibility of degradation of service within the affected 
service area. Upon the request of the Committee, the Secretary 
shall make available to the Committee the supporting documents 
developed by the Secretary in connection with the proposed 
certification. The Committee may prepare and submit to the 
Secretary, prior to publication of the proposed certification, 
a report which evaluates the proposed certification on the 
basis of the modernization criteria and with respect to the 
requirement that there be no degradation of service.
    [(2) The Committee shall advise the Congress and the 
Secretary on--
            [(A) the implementation of the Strategic Plan, 
        annual development of the Plan, and establishment and 
        implementation of modernization criteria; and
            [(B) matters of public safety and the provision of 
        weather services which relate to the comprehensive 
        modernization of the National Weather Service.]
    (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.
          * * * * * * *
    [(f) Termination.--The Committee shall terminate on 
December 31, 1999.]
    (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.
          * * * * * * *
                              ----------                              


                      NOAA FLEET MODERNIZATION ACT

                  [TITLE VI--NOAA FLEET MODERNIZATION

[SEC. 601. SHORT TITLE.

    [This title may be cited as the ``NOAA Fleet Modernization 
Act''.

[SEC. 602. DEFINITIONS.

    [In this title, the term--
            [(1) ``NOAA'' means the National Oceanic and 
        Atmospheric Administration within the Department of 
        Commerce.
            [(2) ``NOAA fleet'' means the fleet of research 
        vessels owned or operated by NOAA.
            [(3) ``Plan'' means the NOAA Fleet Replacement and 
        Modernization Plan described in section 604.
            [(4) ``Secretary'' means the Secretary of Commerce.
            [(5) ``UNOLS'' means University-National 
        Oceanographic Laboratory System.

[SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.

    [The Secretary is authorized to implement, subject to the 
requirements of this Act, a 15-year program to replace and 
modernize the NOAA fleet.

[SEC. 604. FLEET REPLACEMENT AND MODERNIZATION PLAN.

    [(a) In General.--To carry out the program authorized in 
section 603, the Secretary shall develop and submit to Congress 
a replacement and modernization Plan for the NOAA fleet 
covering the years authorized under section 610.
    [(b) Timing.--The Plan required in subsection (a) shall be 
submitted to Congress within 30 days of the date of enactment 
of this Act, and updated on an annual basis.
    [(c) Plan Elements.--The Plan required in subsection (a) 
shall include the following--
            [(1) the number of vessels proposed to be 
        modernized or replaced, the schedule for their 
        modernization or replacement, and anticipated funding 
        requirements;
            [(2) the number of vessels proposed to be 
        constructed, leased, or chartered;
            [(3) the number of vessels, or days at sea, that 
        can be obtained by using the vessels of the UNOLS;
            [(4) the number of vessels that will be made 
        available to NOAA by the Secretary of the Navy, or any 
        other federal official, and the terms and conditions 
        for their availability;
            [(5) the proposed acquisition of modern scientific 
        instrumentation for the NOAA fleet, including acoustic 
        systems, data transmission positioning and 
        communication systems, physical, chemical, and 
        meteorological oceanographic systems, and data 
        acquisition and processing systems; and
            [(6) the appropriate role of the NOAA Corps in 
        operating and maintaining the NOAA fleet.
    [(d) Contracting Limitation.--The Secretary may not enter 
into any contract for the construction, lease, or service life 
extension of a vessel of the NOAA fleet before the date of the 
submission to Congress of the Plan required in subsection (a).

[SEC. 605. DESIGN OF NOAA VESSELS.

    [(a) Design Requirement.--Except for the vessel designs 
identified under subsection (b), the Secretary, working through 
the Office of the NOAA Corps Operations and the Systems 
Procurement Office, shall--
            [(1) prepare requirements for each class of vessel 
        to be constructed or converted under the Plan; and
            [(2) contract competitively from nongovernmental 
        entities with expertise in shipbuilding for vessel 
        design and construction based on the requirements for 
        each class of vessel to be acquired.
    [(b) Exception.--The Secretary shall--
            [(1) report to Congress identifying any existing 
        vessel design or design proposal that meets the 
        requirements of the Plan within 30 days after the date 
        of enactment of this Act and shall promptly advise the 
        Congress of any modification of these designs; and
            [(2) submit to Congress as part of the annual 
        update of the Plan required in section 604, any 
        subsequent existing vessel design or design proposals 
        that meet the requirements of the Plan.

[SEC. 606. CONTRACT AUTHORITY.

    [(a) Multiyear Contracts.--
            [(1) In general.--Subject to paragraphs (2) and 
        (3), and notwithstanding section 1341 of title 31, 
        United States Code and section 3732 of the Revised 
        Statutes of the United States (41 U.S.C. 11), the 
        Secretary may acquire vessels for the NOAA fleet by 
        purchase, lease, lease-purchase, or otherwise, under 
        one or more 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--
                    [(A) 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; and
                    [(B) the use of the contract will promote 
                the best interests of the United States by 
                encouraging competition and promoting economic 
                efficiency in the operation of the NOAA fleet.
            [(3) Required contract 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--
                                    [(I) 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
                                    [(II) are unobligated on 
                                the date of the termination.
    [(b) Service Contracts.--Notwithstanding any other 
provision of law, the Secretary may enter into multiyear 
contracts for oceanographic research, fisheries research, and 
mapping and charting services to assist the Secretary in 
fulfilling NOAA missions. The Secretary may only enter into 
these contracts if--
            [(1) the Secretary finds that it is in the public 
        interest to do so;
            [(2) the contract is for not more than 7 years; and
            [(3)(A) the cost of the contract is less than the 
        cost (including the cost of operation, maintenance, and 
        personnel) to the NOAA of obtaining those services on 
        NOAA vessels; or
            [(B) NOAA vessels are not available or cannot 
        provide those services.
    [(c) Bonding Authority.--Notwithstanding any other law, the 
Secretary may not require a contractor for the construction, 
alteration, repair or maintenance of a NOAA vessel to provide a 
bid bond, payment bond, performance bond, completion bond, or 
other surety instrument in an amount greater than 20 percent of 
the value of the base contract quantity (excluding options) 
unless the Secretary determines that requiring an instrument in 
that amount will not prevent a responsible bidder or offeror 
from competing for the award of the contract.

[SEC. 607. RESTRICTION WITH RESPECT TO CERTAIN SHIPYARD SUBSIDIES.

    [(a) In General.--The Secretary of Commerce may not award a 
contract for the construction, repair (except emergency 
repairs), or alteration of any vessel of the National Oceanic 
and Atmospheric Administration in a shipyard, if that vessel 
benefits or would benefit from significant subsidies for the 
construction, repair, or alteration of vessels in that 
shipyard.
    [(b) Definition.--In this section, the term ``significant 
subsidy'' includes, but is not limited to, any of the 
following:
            [(1) Officially supported export credits.
            [(2) Direct official operating support to the 
        commercial shipbuilding and repair industry, or to a 
        related entity that favors the operation of 
        shipbuilding and repair, including but not limited to--
                    [(A) grants;
                    [(B) loans and loan guarantees other than 
                those available on the commercial market;
                    [(C) forgiveness of debt;
                    [(D) equity infusions on terms inconsistent 
                with commercially reasonable investment 
                practices; and
                    [(E) preferential provision of goods and 
                services.
            [(3) Direct official support for investment in the 
        commercial shipbuilding and repair industry, or to a 
        related entity that favors the operation of 
        shipbuilding and repair, including but not limited to 
        the kinds of support listed in paragraph (2)(A) through 
        (E), and any restructuring support, except public 
        support for social purposes directly and effectively 
        linked to shipyard closures.
            [(4) Assistance in the form of grants, preferential 
        loans, preferential tax treatment, or otherwise, that 
        benefits or is directly related to shipbuilding and 
        repair for purposes of research and development that is 
        not equally open to domestic and foreign enterprises.
            [(5) Tax policies and practices that favor the 
        shipbuilding and repair industry, directly or 
        indirectly, such as tax credits, deductions, 
        exemptions, and preferences, including accelerated 
        depreciation, if such benefits are not generally 
        available to persons or firms not engaged in 
        shipbuilding or repair.
            [(6) Any official regulation or practice that 
        authorizes or encourages persons or firms engaged in 
        shipbuilding or repair to enter into anticompetitive 
        arrangements.
            [(7) Any indirect support directly related, in law 
        or in fact, to shipbuilding and repair at national 
        yards, including any public assistance favoring 
        shipowners with an indirect effect on shipbuilding or 
        repair activities, and any assistance provided to 
        suppliers of significant inputs to shipbuilding, which 
        results in benefits to domestic shipbuilders.
            [(8) Any export subsidy identified in the 
        Illustrative List of Export Subsidies in the Annex to 
        the Agreement on Interpretation and Application of 
        Articles VI, XVI, and XXIII of the General Agreement on 
        Tariffs and Trade or any other export subsidy that may 
        be prohibited as a result of the Uruguay Round of trade 
        negotiations.

[SEC. 608. USE OF VESSELS.

    [(a) Vessel Agreements.--In implementing the NOAA fleet 
replacement and modernization program, the Secretary shall use 
excess capacity of UNOLS vessels where appropriate and may 
enter into memoranda of agreement with the operators of these 
vessels to carry out this requirement.
    [(b) Report to Congress.--Within one year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall provide a report to Congress, in consultation with 
the Secretary, comparing the cost-efficiency, accounting, and 
operating practices of the vessels of NOAA, UNOLS, other 
Federal agencies, and the United States private sector in 
meeting the missions of NOAA.

[SEC. 609. INTEROPERABILITY.

    [The Secretary shall consult with the Oceanographer of the 
Navy regarding appropriate measures that should be taken, on a 
reimbursable basis, to ensure that NOAA vessels are 
interoperable with vessels of the Department of the Navy, 
including with respect to operation, maintenance, and repair of 
those vessels.

[SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to the Secretary for carrying out this title--
            [(1) $50,000,000 for fiscal year 1993;
            [(2) $100,000,000 for fiscal year 1994; and
            [(3) such sums as are necessary for each of the 
        fiscal years 1995, 1996, and 1997.
    [(b) Limitation on Fleet Modernization Activities.--All 
National Oceanic and Atmospheric Administration fleet 
modernization shipbuilding, and conversion shall be conducted 
in accordance with this title.]
                              ----------                              


      COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948

  AN ACT To provide for the distribution, promotion, separation, and 
 retirement of commissioned officers of the Coast and Geodetic Survey, 
                        and for other purposes.

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

                              [short title

    [Section 1. That this Act may be cited as the ``Coast and 
Geodetic Survey Commissioned Officers' Act of 1948''.

                     [authorized numbers in grades

    [Sec. 2. (a) Of the total authorized number of commissioned 
officers on the active list of the Coast and Geodetic Survey, 
there are authorized numbers in permanent grade, in relative 
rank with officers of the Navy, in the proportion of eight in 
the grade of captain, to fourteen in the grade of commander, to 
nineteen in the grade of lieutenant commander, to twenty-three 
in the grade of lieutenant, to eighteen in the grade of 
lieutenant (junior grade), to eighteen in the grade of ensign.
    [(b) Whenever a final fraction occurs in computing the 
authorized number of officers in any grade, the nearest whole 
number shall be taken, and if such fraction be one-half the 
next higher whole number shall be taken: Provided, That the 
total number of officers as authorized by law shall not be 
increased as the result of the computations prescribed herein, 
and if necessary the number of officers in the lowest grade 
shall be reduced accordingly.
    [(c) No officer shall be reduced in grade or pay or 
separated from the active list as the result of any 
computations made to determine the authorized number of 
officers in the various grades.
    [(d) Nothing in this section shall be construed as 
requiring the filling of any vacancy or as prohibiting 
additional numbers in any grade to compensate for vacancies 
existing in higher grades.
    [(e) The total number of officers on active duty as 
authorized by law may be temporarily exceeded provided that the 
average number on active duty for the fiscal year shall not 
exceed the authorized number.

                 [promotion and separation of officers

    [Sec. 3. Promotion to fill vacancies in all permanent 
grades above that of lieutenant (junior grade) shall be made by 
selection from the next lower respective grades upon 
recommendation of the personnel board hereinafter provided for.
    [Sec. 4. Irrespective of any vacancies, any officer in the 
permanent grade of lieutenant (junior grade) and lieutenant 
shall be considered by the personnel board for promotion to the 
grade of lieutenant and lieutenant commander in sufficient time 
so that, if found fully qualified, such officer may be promoted 
to and appointed in such grade upon completion of seven and 
fourteen years of service, respectively. All promotions under 
this section shall be made on the date on which the required 
service is completed, and the authorized number of officers in 
the grade of lieutenant and lieutenant commander shall be 
temporarily increased, if necessary, to authorize such 
appointments: Provided, That an officer found not fully 
qualified in accordance with this section may be promoted on 
such later date on which he may be found fully qualified.
    [Sec. 5. Irrespective of any vacancies, any officer in the 
permanent grade of lieutenant commander who has completed 
twenty-one years of service and any officer in the permanent 
grade of commander who has completed thirty years of service 
may be considered by the personnel board at any time for 
promotion to the grade of commander and captain, respectively. 
If selected, he may be promoted at any time and the authorized 
number of officers in the grade of commander and captain shall 
be temporarily increased, if necessary, to authorize such 
appointments.
    [Sec. 6. (a) Officers in the permanent grade of ensign 
shall be promoted to and appointed in the grade of lieutenant 
(junior grade) on completion of three years of service, and the 
authorized number of officers in the grade of lieutenant 
(junior grade) shall from time to time be temporarily increased 
as necessary to authorize such appointments.
    [(b) Ensigns who are found not fully qualified at any time 
shall have their commissions revoked and be separated from the 
commissioned service.
    [Sec. 7. Each officer shall be assumed to have, for 
promotion purposes, at least the same length of service as any 
officer below him on the lineal list, except that an officer 
who has lost numbers shall be assumed to have for promotion 
purposes no greater service than the officer next above him in 
his new position on the lineal list.
    [Sec. 8. (a) As recommended by the personnel board--
          [(1) an officer in the permanent grade of captain or 
        commander may be transferred to the retired list; and
          [(2) an officer in the permanent grade of lieutenant 
        commander, lieutenant, or lieutenant (junior grade) who 
        is not qualified for retirement may be separated from 
        the service.
    [(b) In any fiscal year, the total number of officers 
selected for retirement or separation under subsection (a) plus 
the number of officers retired for age may not exceed the whole 
number nearest four percent of the total number of officers 
authorized to be on the active list, except as otherwise 
provided by law.
    [(c) Any retirement or separation under subsection (a) 
shall take effect on the first day of the sixth month beginning 
after the date on which the Secretary of Commerce approves the 
retirement or separation, except that if the officer concerned 
requests earlier retirement or separation, the date shall be as 
determined by the Secretary.
    [Sec. 9. (a) An officer who is separated under section 8 
and who has completed more than three years of continuous 
active service immediately before that separation is entitled 
to separation pay computed under subsection (b) unless the 
Secretary of Commerce determines that the conditions under 
which the officer is separated do not warrant payment of that 
pay.
    [(b)(1) In the case of an officer who has completed five or 
more years of continuing active service immediately before that 
separation, the amount of separation pay which may be paid to 
the officer under this section is 10 percent of the product of 
(A) the years of active service creditable to the officer, and 
(B) twelve times the monthly basic pay to which the officer was 
entitled at the time of separation, or $30,000, whichever is 
less.
    [(2) In the case of an officer who has completed three but 
fewer than five years of continuous active service immediately 
before that separation, the amount of separation pay which may 
be paid to the officer under this section is one-half of the 
amount computed under paragraph (1), but in no event more than 
$15,000.
    [(c) In determining an officer's years of active service 
for the purpose of computing separation pay under this section, 
each full month of service that is in addition to the number of 
full years of service creditable to the officer is counted as 
one-twelfth of a year and any remaining fractional part of a 
month is disregarded.
    [(d)(1) A period for which an officer has previously 
received separation pay, severance pay, or readjustment pay 
under any other provision of law based on service in a 
uniformed service may not be included in determining the years 
of creditable service that may be counted in computing the 
separation pay of the officer under this section.
    [(2) The total amount that an officer may receive in 
separation pay under this section and separation pay, severance 
pay, and readjustment pay under any other provision of law 
based on service in a uniformed service may not exceed $30,000.
    [(e)(1) An officer who has received separation pay under 
this section, or separation pay, severance pay, or readjustment 
pay under any other provision of law, based on service in a 
uniformed service and who later qualifies for retired pay under 
this Act shall have deducted from each payment of retired pay 
so much of that pay as is based on the service for which the 
officer received that separation pay, severance pay, or 
readjustment pay until the total amount deducted is equal to 
the total amount of separation pay, severance pay, and 
readjustment pay received.
    [(2) An officer who has received separation pay under this 
section may not be deprived, by reason of receipt of that pay, 
of any disability compensation to which the officer is entitled 
under the laws administered by the Secretary of Veterans 
Affairs, but there shall be deducted from that disability 
compensation an amount equal to the total amount of separation 
pay received. Notwithstanding the preceding sentence, no 
deduction may be made from disability compensation for the 
amount of separation pay received because of an earlier 
discharge, separation, or release from a period of active duty 
if the disability which is the basis for that disability 
compensation was incurred or aggravated during a later period 
of active duty.
    [Sec. 10. (a) Appointments in and promotions to all 
permanent grades shall be made by the President, by and with 
the advice and consent of the Senate.
    [(b) In time of emergency declared by the President or by 
the Congress, and in time of war, the President is authorized, 
in his discretion, to suspend the operation of all or any part 
or parts of the several provisions of law pertaining to 
promotion.
    [Sec. 11. Nothing in this Act shall be construed to modify 
the provisions of existing law relating to examination of 
officers for promotion, and no officer shall be promoted until 
he shall have passed the prescribed examinations.
    [Sec. 12. (a) Temporary appointment in the grade of ensign 
may be made by the President alone, provided such temporary 
appointment will be terminated at the close of the next regular 
session of the Congress unless confirmed by the Senate.
    [(b) Officers in the permanent grade of ensign may be 
temporarily promoted to and appointed in the grade of 
lieutenant junior grade by the President alone whenever 
vacancies exist in higher grades.
    [(c) When determined by the Secretary of Commerce to be in 
the best interest of the service, officers in any permanent 
grade may be temporarily promoted one grade by the President 
alone. Any such temporary promotion terminates upon the 
transfer of the officer to a new assignment.

                        [retirement of officers

    [Sec. 13. (a) When any commissioned officer serving in a 
rank below that of rear admiral has attained the age of sixty 
years, he shall be placed on the retired list: Provided, That 
this subsection shall not become effective until a date six 
months subsequent to the enactment of this Act, and until such 
effective date the retirement age for officers serving in a 
rank below that of rear admiral shall be sixty-two years.
    [(b) When any officer serving in a rank above that of 
captain has attained the age of sixty-two years, he shall be 
placed on the retired list: Provided, That the President may, 
in his discretion, defer placing any such officer on the 
retired list for the length of time he deems advisable but not 
later than the date upon which such officer attains the age of 
sixty-four years.
    [Sec. 14. When any commissioned officer has completed 
twenty years of service, he may at any time thereafter, upon 
his own application, in the discretion of the President, be 
placed on the retired list.
    [Sec. 16. (a) Each commissioned officer on the retired list 
who first became a member of a uniformed service (as defined in 
section 101 of title 10, United States Code) before September 
8, 1980, shall receive retired pay at the rate determined by 
multiplying--
          [(1) the retired pay base determined under section 
        1406(g) of title 10, United States Code; by
          [(2) 2\1/2\ percent of the number of years of service 
        that may be credited to the officer under section 1405 
        of such title as if the officer's service were service 
        as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the 
retired pay base.
    [(b) Each commissioned officer on the retired list who 
first became a member of a uniformed service (as defined in 
section 101 of title 10, United States Code) on or after 
September 8, 1980, shall receive retired pay at the rate 
determined by multiplying--
          [(1) the retired pay base determined under section 
        1407 of title 10, United States Code; by
          [(2) the retired pay multiplier determined under 
        section 1409 of such title for the number of years of 
        service that may be credited to the officer under 
        section 1405 of such title as if the officer's service 
        were service as a member of the Armed Forces.
    [(c)(1) In computing the number of years of service of an 
officer for the purposes of subsection (a)--
          [(A) each full month of service that is in addition 
        to the number of full years of service creditable to 
        the officer shall be credited as \1/12\ of a year; and
          [(B) any remaining fractional part of a month shall 
        be disregarded.
    [(2) Retired pay computed under this section, if not a 
multiple of $1, shall be rounded to the next lower multiple of 
$1.
    [Sec. 17. (a) Each commissioned officer heretofore or 
hereafter retired pursuant to any provision of law shall be 
placed on the retired list with the highest rank, permanent or 
temporary, held by him while on active duty, if his performance 
of duty, in the case of temporary rank, has been satisfactory 
as determined by the Secretary of the department or departments 
under whose jurisdiction the officer served, and shall receive 
retired pay based on such higher rank: Provided, That for the 
purposes of this section the words ``temporary rank'' shall 
mean temporary rank held prior to June 30, 1946.
    [(b) Officers on the retired list returned to an inactive 
status with higher rank pursuant to subsection (a) of this 
section shall receive retired pay based on such higher rank.
    [Sec. 18. Nothing in this Act shall prevent any officer 
from being placed on the retired list with the highest rank and 
with the highest retired pay to which he might be entitled 
under other provision of law.

                            [personnel board

    [Sec. 19. At least once a year and at such other times as 
may be necessary, the Secretary of Commerce shall appoint a 
personnel board consisting of not less than five officers not 
below the permanent rank of commander on the active list, to 
recommend such changes in the lineal list as the board may 
determine, and to make selections and recommendations for the 
promotion, separation, and retirement of officers as herein 
prescribed: Provided, That in case any recommendation by the 
board is not acceptable to the Secretary of Commerce or to the 
President, the board shall make such further recommendations as 
shall be acceptable.

  [amendments to and repeal of appointment, promotion, and retirement 
                                  laws

    [Sec. 21. (a) Section 5 of the Act of February 16, 1929 (45 
Stat. 1186), as amended by the Act of March 18, 1936 (ch. 147, 
49 Stat. 1164), is hereby further amended by deleting the word 
``not'' in the third line.
    [(b) Section 8 of the Act of January 19, 1942 (59 Stat. 8), 
is hereby amended by deleting the word ``not'' in the fourth 
line, by changing the period at the end of the section to a 
colon, and by adding the words ``Provided further, That any 
officer, upon expiration of his appointment as Director or 
Assistant Director, shall, unless reappointed, revert to the 
grade and number that he would have occupied had he not served 
as Director or Assistant Director. Such officer shall be an 
extra number in his grade and the authorized number of ensigns 
shall be decreased accordingly.''
    [Sec. 22. (a) Sections 1, 2 (except the second proviso of 
section 2(b)), 3, 4, 5, and 6 of the Act of January 19, 1942 
(59 Stat. 8), are hereby repealed.
    [(b) The word ``physicial'' in the first line of section 7 
of the said Act of January 19, 1942, is hereby amended to read 
``physical''.
    [Sec. 23. (a) Original appointments may be made in grades 
up to and including lieutenant after passage of a mental and 
physical examination given in accordance with regulations 
prescribed by the Secretary of Commerce: Provided, That the 
President, under such regulations as he may prescribe, may 
revoke the commission of any officer appointed under this 
section during his first three years of service if he is found 
not qualified for the service.
    [(b) Any person appointed under authority of this section 
shall be placed on the lineal list of active duty officers in a 
position commensurate with his age, education, and experience 
in accordance with regulations prescribed by the Secretary of 
Commerce.
    [(c)(1) For the purposes of basic pay any person appointed 
under this section to the grade of lieutenant or lieutenant 
(junior grade) shall be considered as having, on date of 
appointment, three years or one and one-half years service 
respectively.
    [(2) If a person appointed under this section is entitled 
to credit for the purpose of basic pay under other provision of 
law which would exceed that authorized by subsection (c)(1) he 
shall be credited with that service in lieu of the credit 
provided by subsection (c)(1).
    [Sec. 24. (a) The Secretary may designate positions in the 
Administration as being positions of importance and 
responsibility for which it is appropriate that commissioned 
officers of the Administration, if serving in those positions, 
serve in the grade of vice admiral, rear admiral, or rear 
admiral (lower half) as designated by the Secretary for each 
position, and may assign officers to those positions. An 
officer assigned to any position under this section has the 
grade designated for that position if appointed to that grade 
by the President, by and with the advice and consent of the 
Senate.
    [(b) the number of officers serving on active duty under 
appointments under this section may not exceed--
          [(1) one in the grade of vice admiral;
          [(2) three in the grade of rear admiral; and
          [(3) three in the grade of rear admiral (lower half).
    [(c) An officer appointed to a grade under this section, 
while serving in that grade, shall have the pay and allowances 
of the grade to which appointed.
    [(d) An appointment of an officer under this section--
          [(1) does not vacate the permanent grade held by the 
        officer; and
          [(2) creates a vacancy on the active list.
    [(e) the provisions of section 2(g) of Reorganization Plan 
Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an 
officer who serves in a grade above captain under an 
appointment under this section in the same manner as if the 
officer served in that grade under section 2(d) or 2(f) of that 
Reorganization Plan.]
                              ----------                              


                        ACT OF FEBRUARY 16, 1929

 CHAP. 221. An Act To amend the Act entitled ``An Act to readjust the 
 pay and allowances of the commissioned and enlisted personnel of the 
 Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and 
      Public Health Service,'' approved June 10, 1922, as amended.

          * * * * * * *
    [Sec. 5. That the Director of the Coast and Geodetic Survey 
shall be appointed and hold office as now authorized by law; 
his appointment shall create a vacancy, and while holding said 
office he shall have the rank, pay, and allowances of a Chief 
of Bureau of the Navy Department.]
                              ----------                              


                        ACT OF JANUARY 19, 1942

   AN ACT To regulate the distribution and promotion of commissioned 
   officers of the Coast and Geodetic Survey, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That the 
total number of commissioned officers on the active list of the 
Coast and Geodetic Survey shall be distributed in rank relative 
with officers of the Navy in the proportion of five in the 
grade of captain to eight in the grade of commander, to eighty-
seven in the grades of lieutenant commander, lieutenant, 
lieutenant (junior grade) and ensign, inclusive: Provided, That 
the number of officers in the grade of lieutenant commander 
shall not exceed 35 per centum of the total authorized number 
of commissioned officers on the active list.

                         [promotion of officers

    [Sec. 2. (a) Promotions to the grades of captain and 
commander shall be made as vacancies occur and shall be by 
selection from the next lower respective grades upon 
recommendation of the Personnel Board hereinafter authorized.
    [(b) Except as otherwise provided in this Act, lieutenants, 
lieutenants (junior grade), and ensigns shall be promoted to 
the respective grades of lieutenant commander, lieutenant, and 
lieutenant (junior grade) in the order in which the names 
appear on the current lineal list hereinafter authorized as the 
officers become credited with seventeen years', ten years', and 
three years' service, respectively: Provided, That lieutenants 
with not less than fourteen years' accredited service and 
lieutenants (junior grade) with not less than seven years' 
accredited service may be promoted to the grades of lieutenant 
commander and lieutenant, respectively, at any time in such 
numbers as will not cause the resulting number of officers in 
each of the grades of lieutenant commander and lieutenant to 
exceed 28 per centum of the total authorized force of 
commissioned officers on the active list: Provided further, 
That for purposes of pay, longevity pay, allowances, promotion, 
or retirement, which are now or may hereafter be authorized for 
officers appointed after June 30, 1992, there shall be counted 
in addition to active commissioned service, as deck officer and 
junior engineer in excess of one year.
    [(c) All promotions, when made, shall be effective from the 
date of the respective vacancies, and promotions to all grades 
shall be made by the President, by and with the advice and 
consent of the Senate.
    [(d) Each officer shall be assumed to have, for promotion 
purposes, at least the same length of service as any officer 
junior to him on the lineal list hereinafter authorized, except 
that an officer who has lost numbers on the lineal list shall 
be assumed to have for promotion purposes no greater service 
than the officer next above him in his new position on the 
lineal list.
    [(e) Whenever a final fraction occurs in computing the 
authorized number of officers of any grade, the nearest whole 
number shall be regarded as the authorized number: Provided, 
That the total number of officers as authorized by law shall 
not be increased as a result of the computations prescribed 
herein, and if necessary the number of officers in the lowest 
grade shall be reduced accordingly: Provided further, That no 
officer shall be reduced in grade or pay or separated from the 
active list as the result of any computations made to determine 
the authorized number of officers in the various grades.

                            [personnel board

    [Sec. 3. At least once a year and at such other times as 
may be necessary, the Secretary of Commerce shall appoint and 
convene a Personnel Board consisting of not less than five 
officers not below the rank of commander on the active list of 
the Coast and Geodetic Survey, to make the computations 
prescribed herein, to prepare and maintain a lineal list on 
which the names of all officers on the active list shall be 
arranged in such order as the board may determine, and to make 
selections and recommendations for the promotion and retirement 
of officers as herein prescribed.
    [Sec. 4. Each report of the Personnel Board shall be 
submitted to the President for approval or disapproval: 
Provided, That in case any recommendation by the board is not 
acceptable to the President, the board shall be so informed and 
shall make such further recommendations as shall be acceptable 
to the President and, if necessary, the board shall be 
reconvened for this purpose: Provided further, That when the 
report of the board shall have been approved, the 
recommendations therein shall be carried out in accordance with 
the provisions of this Act.

                        [retirement of officers

    [Sec. 5. The President may transfer to the retired list 
from the grades of captain, commander, lieutenant commander, 
and lieutenant such officers as have been recommended for 
retirement by the Personnel Board: Provided, That the total 
number of officers so retired in any fiscal year shall not 
exceed the whole number nearest 1 per centum of the total 
authorized number of commissioned officers on the active list, 
and, except as otherwise required by law, the number of 
officers so retired plus the number of officers retired for age 
in any fiscal year shall not exceed 3 per centum of the total 
authorized number of commissioned officers on the active list: 
Provided further, That all transfers to the retired list 
pursuant to this Act shall become effective on the next ensuing 
July 1 and the resulting vacancies may be filled as of that 
date.
    [Sec. 6. Officers retired pursuant to section 5 of this Act 
shall receive pay at the rate of 2\1/2\ per centum of their 
active-duty pay at the time of retirement multiplied by the 
number of years of service for which entitled to credit in the 
computation of their pay on the active list, not to exceed a 
total of 75 per centum of said active-duty pay: Provided, That 
a fractional year of six months or more shall be considered a 
full year in computing the number of years' service by which 
the rate of 2\1/2\ per centum is multiplied.
    [Sec. 7. Should an officer fail in his physical examination 
for promotion and be found incapacitated for service by reason 
of physical disability contracted in line of duty, he shall be 
retired with the rank to which he would otherwise be entitled 
to be promoted, with retired pay at the rate of 75 per centum 
of the active-duty pay of that grade.

                       [miscellaneous provisions

    [Sec. 8. The President is authorized to appoint, by and 
with the advice and consent of the Senate, an officer on the 
active list of the Coast and Geodetic Survey not below the rank 
of commander to serve as Assistant Director; his appointment 
shall not create a vacancy and while holding said office he 
shall have the rank, pay, and allowances of rear admiral (lower 
half): Provided, That any officer who may be retired while 
serving as Director or Assistant Director, or who has or shall 
have served four years as Director or Assistant Director and is 
retired after completion of such service while serving in a 
lower rank or grade, shall be retired with the rank, pay, and 
allowances authorized by law for the highest grade or rank held 
by him as Director or Assistant Director.
    [Sec. 9. The provisions of sections 1 to 5, inclusive, of 
the Act of April 20, 1940 (54 Stat. 144), relating to the 
burial expenses of Navy personnel, and the provisions of the 
Act of June 4, 1920 (41 Stat. 824), as amended by the Act of 
May 22, 1928 (45 Stat. 710), relating to the payment of a death 
gratuity to dependents of commissioned officers and other 
personnel of the Navy or Marine Corps, shall apply to 
commissioned officers of the Coast and Geodetic Survey, except 
that the duties and obligations imposed in said Acts upon the 
Secretary of the Navy are hereby imposed for the purposes of 
this Act upon the Secretary of Commerce who shall cause the 
necessary payments to be made from funds appropriated for the 
Coast and Geodetic Survey: Provided, That the provisions of 
this section shall be effective from December 8, 1941.
    [Sec. 10. Commissioned officers, ships' officers, and 
members of the crews of vessels of the Coast and Geodetic 
Survey shall be permitted to purchase commissary and 
quartermaster supplies as far as available from the Army, Navy, 
or Marine Corps at the prices charged officers and enlisted men 
of those services.
    [Sec. 11. All laws or parts of laws inconsistent with the 
provisions of this Act are hereby repealed, and the provisions 
of this Act shall be in effect in lieu thereof.]
                              ----------                              


                     SECTION 9 OF PUBLIC LAW 87-649

AN ACT To revise, codify, and enact title 37 of the United States Code, 
       entitled ``Pay and Allowances of the Uniformed Services''.

          * * * * * * *

  [AMENDMENTS TO CERTAIN LAWS APPLICABLE TO COAST AND GEODETIC SURVEY

    [Sec. 9. (a) Section 3(a) of the Act of August 10, 1956, 
ch. 1041, as amended (33 U.S.C. 857a(a)), is amended by adding 
the following new clause at the end thereof:
          [``(10) Chapter 40. Leave.''
    [(b) The Act of June 3, 1948, ch. 390, as amended, is 
further amended as follows:
          [(1) Section 9 (33 U.S.C. 853h) is amended by 
        striking out the words ``active-duty pay with longevity 
        credit'' wherever they appear and inserting the words 
        ``basic pay'' in place thereof.
          [(2) Section 16(a) (33 U.S.C. 853o(a)) is amended by 
        striking out the words ``active-duty pay with longevity 
        credit'' wherever they appear and inserting the words 
        ``basic pay'' in place thereof.
    [(c) Active service in the Coast and Geodetic Survey as a 
deck officer or junior engineer and active service counted on 
June 30, 1992, for longevity pay, shall be credited to 
commissioned officers as active commissioned service for 
purposes of retirement and retirement pay.]
                              ----------                              


                          ACT OF MAY 22, 1917

CHAP. 20.--An Act To temporarily increase the commissioned and warrant 
   and enlisted strength of the Navy and Marine Corps, and for other 
                               purposes.

          * * * * * * *
    [Sec. 16. The President is authorized, whenever in his 
judgment a sufficient national emergency exists, to transfer to 
the service and jurisdiction of a military department such 
vessels, equipment, stations, and commissioned officers of the 
Environmental Science Services Administration as he may deem to 
the best interest of the country, and after such transfer all 
expenses connected therewith shall be defrayed out of the 
appropriations for the department to which transfer is made: 
Provided, That such vessels, equipment, stations, and 
commissioned officers shall be returned to the Environmental 
Science Services Administration when such national emergency 
ceases, in the opinion of the President, and nothing in this 
section shall be construed as transferring the Environmental 
Science Services Administration or any of its functions from 
the Department of Commerce except in time of national emergency 
and to the extent herein provided: Provided further, That any 
of the commissioned officers of the Environmental Science 
Services Administration who may be transferred as provided in 
this section, shall, while under the jurisdiction of a military 
department, have proper military status and shall be subject to 
the laws, regulations, and orders for the government of the 
Army, Navy, or Air Force, as the case may be, insofar as the 
same may be applicable to persons whose retention permanently 
in the military service of the United States is not 
contemplated by law.
    [Nothing in this Act shall reduce the total amount of pay 
and allowances they were receiving at the time of transfer. 
While actually employed in active service under direct orders 
of the War Department or of the Navy Department members of the 
Coast and Geodetic Survey shall receive the benefit of all 
provisions of laws relating to disability incurred in line of 
duty or loss of life.
    [When serving with the Army, Navy, or Air Force, 
commissioned officers of the Coast and Geodetic Survey shall 
rank with and after officers of corresponding grade in the 
Army, Navy, or Air Force of the same length of service in 
grade.
    [And nothing in this Act shall be construed to affect or 
alter their rates of pay and allowances when not assigned to 
military duty as hereinbefore mentioned.
    [The Secretary of Defense and the Secretary of Commerce 
shall jointly prescribe regulations governing the duties to be 
performed by the Environmental Science Services Administration 
in time of war, and for the cooperation of that service with 
the military departments in time of peace in preparation for 
its duties in war, which regulations shall not be effective 
unless approved by each of those Secretaries, and included 
therein may be rules and regulations for making reports and 
communications between a military department and the 
Environmental Science Services Administration.]
                              ----------                              


                        ACT OF DECEMBER 3, 1942

    AN ACT Authorizing the temporary appointment or advancement of 
 commissioned officers of the Coast and Geodetic Survey in time of war 
             or national emergency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [Personnel 
of the Environmental Science Services Administration shall be 
subject in like manner and to the same extent as personnel of 
the Navy to all laws authorizing temporary appointment or 
advancement of commissioned officers in time of war or national 
emergency subject to the following limitations:
          [(1) Commissioned officers in the service of a 
        military department, under the provisions of section 16 
        of the Act of May 22, 1917 (40 Stat. 87), as amended, 
        may, upon the recommendation of the Secretary of the 
        military department concerned, be temporarily promoted 
        to higher ranks or grades.
          [(2) Commissioned officers in the service of the 
        Environmental Science Services Administration may be 
        temporarily promoted to fill vacancies in ranks and 
        grades caused by the transfer of commissioned officers 
        to the service and jurisdiction of a military 
        department under the provisions of section 16 of the 
        Act of May 22, 1917 (40 Stat. 87), as amended.
          [(3) Temporary appointments may be made in all grades 
        to which original appointments in the Environmental 
        Science Service Administration are authorized: 
        Provided, That the number of officers holding temporary 
        appointments shall not exceed the number of officers 
        transferred to a military department under the 
        provisions of section 16 of the Act of May 22, 1917 (40 
        Stat. 87), as amended.
    [Sec. 3. Any commissioned officer of the Coast and Geodetic 
Survey promoted to a higher grade at any time after December 7, 
1941, shall be deemed for all purposes to have accepted his 
promotion to higher grade upon the date such promotion is made 
by the President unless he shall expressly decline such 
promotion, and shall receive the pay and allowances of the 
higher grade from such date unless he is entitled under some 
other provision of law to receive the pay and allowances of the 
higher grade from an earlier date. No such officer who shall 
have subscribed to the oath of office required by section 1757, 
Revised Statutes, shall be required to renew such oath or to 
take a new oath upon his promotion to a higher grade, if his 
service after the taking of such an oath shall have been 
continuous.]
                              ----------                              


                           PUBLIC LAW 91-621

 AN ACT To clarify the status and benefits of commissioned officers of 
  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. Definitions listed in section 101 of title 10, 
United States Code, apply to this Act, except as noted below:
          [(1) ``active duty'' means full-time duty in the 
        active service of a uniformed service;
          [(2) ``Administration'' means the National Oceanic 
        and Atmospheric Administration;
          [(3) ``grade'' means a step or degree, in a graduated 
        scale of office or rank, that is established and 
        designated as a grade by law or regulation;
          [(4) ``officer'' means a commissioned officer;
          [(5) ``Secretary'' means the Secretary of Commerce;
          [(6) ``Secretary concerned'' as defined in section 
        101 of title 37, United States Code.
          [(7) ``uniformed services'' is defined in section 101 
        of title 37, United States Code.
    [Sec. 2. Each officer retired pursuant to any provision of 
law shall be placed on the retired list with the highest grade 
satisfactorily held by him while on active duty including 
active duty pursuant to recall, under permanent or termpoary 
appointment, and he shall receive retired pay based on such 
highest grade: Provided, That his performance of duty in such 
highest grade has been satisfactory, as determined by the 
Secretary of the department or departments under whose 
jurisdiction the officer served, and unless retired for 
disability, his length of service in such highest grade is no 
less than that required by the Secretary of officers retiring 
under permanent appointment in that grade.
    [Sec. 3. (a) Active service of officers of the 
Administration shall be deemed to be active military service in 
the armed forces of the United States for the purposes of all 
rights, privileges, immunities, and benefits now or hereafter 
provided by--
          [(1) laws administered by the Secretary of Veterans 
        Affairs;
          [(2) laws administered by the Interstate Commerce 
        Commission; and
          [(3) the Soldiers' and Sailors' Civil Relief Act of 
        1940, as amended.
In the administration of these laws and regulations, with 
respect to the National Oceanic and Atmospheric Administration, 
the authority vested in the Secretary of Defense, the Secretary 
of the Army, the Secretary of the Navy, and the Secretary of 
the Air Force and their respective departments shall be 
exercised by the Secretary of Commerce.
    [(b) The Secretary may provide medical and dental care, 
including care in private facilities, for personnel of the 
Administration entitled to that care by law or regulation.
    [Sec. 4. (a) Commissioned officers, ships' officers, and 
members of crews of vessels of the Administration shall be 
permitted to purchase commissary and quartermaster supplies as 
far as available from the armed forces at the prices charged 
officers and enlisted men of those services.
    [(b) The Secretary may purchase ration supplies for messes, 
stores, uniforms, accouterments, and related equipment for sale 
aboard ship and shore stations of the Administration to members 
of the uniformed services and to personnel assigned to such 
ships or shore stations. Sales shall be in accordance with 
regulations prescribed by the Secretary, and proceeds therefrom 
shall, as far as is practicable, fully reimburse the 
appropriations charged without regard to fiscal year.
    [(c) Rights extended to members of the uniformed services 
in this section are extended to their widows and to such others 
as are designated by the Secretary concerned.
    [Sec. 5. (a) All statutes that applied to commissioned 
officers of the Coast and Geodetic Survey on July 12, 1965, 
shall apply to officers of the Environmental Science Services 
Administration on that date and subsequent thereto, unless 
amended or repealed, and service as a commissioned officer in 
the Coast and Geodetic Survey shall constitute service as a 
commissioned officer in the Environmental Science Services 
Administration.
    [(b) All statutes that applied to commissioned officers of 
the Coast and Geodetic Survey on July 12, 1965, and to 
commissioned officers of the Environmental Science Services 
Administration subsequent to that date shall apply to officers 
of the National Oceanic and Atmospheric Administration on 
October 3, 1970, and subsequent thereto, unless amended or 
repealed, and service as a commissioned officer in the Coast 
and Geodetic Survey or the Environmental Science Services 
Administration shall constitute service as a commissioned 
officer in the National Oceanic and Atmospheric Administration.
    [(c) The enactment of this Act does not increase or 
decrease the pay or allowances of any person.
    [(d) A reference to a law replaced by this Act, including a 
reference in a regulation, order, or other law, is deemed to 
refer to the corresponding provisions enacted by this Act.
    [(e) An order, rule, or regulation in effect under a law 
replaced by this Act continues in effect under the 
corresponding provisions enacted by this Act until repealed, 
amended, or superseded.
    [(f) An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of 
a provision enacted by this Act or by reason of the caption or 
catchline thereof.
    [(g) If any provision of this Act or the application 
thereof to any person or circumstances is held invalid, the 
remainder of this Act and the application of such provision to 
other persons or circumstances shall not be affected thereby.]
                              ----------                              


                         ACT OF AUGUST 10, 1956

 AN ACT To revise, codify, and enact into law, title 10 of the United 
  States Code, entitled ``Armed Forces'', and title 32 of the United 
               States Code, entitled ``National Guard''.

          * * * * * * *

        [PARTS OF TITLE 10 ADOPTED FOR COAST AND GEODETIC SURVEY

    [Sec. 3. (a) The rules of law that apply to the Armed 
Forces under the following provisions of title 10, Armed 
Forces, United States Code, as those provisions are in effect 
from time to time, apply also to the commissioned officer corps 
of the National Oceanic and Atmospheric Administration:
          [(1) Section 1036, Escorts for dependents of members: 
        transportation and travel allowances.
          [(2) Chapter 61, Retirement or Separation for 
        Physical Disability.
          [(3) Chapter 69, Retired Grade, except sections 1370, 
        1374, 1375, and 1387(a).
          [(4) Chapter 71, Computation of Retired Pay, except 
        formula No. 3 of section 1401.
          [(5) Chapter 73, Retired Serviceman's Family 
        Protection Plan; Survivor Benefit Plan.
          [(6) Chapter 75, Death Benefits.
          [(7) Section 2771, Final settlement of accounts: 
        deceased members.
          [(8) Sections 2731, 2732, and 2735, property loss 
        incident to service.
          [(9) Such other provisions of subtitle A as may be 
        adopted for applicability to the commissioned officer 
        corps of the National Oceanic and Atmospheric 
        Administration by any other provision of law.
          [(10) Chapter 40. Leave.
          [(11) Section 2634, Motor vehicles: for members on 
        permanent change of station.
          [(12) Section 1035, Deposits of Savings.
          [(13) Section 716, Commissioned officers: transfers 
        among the Armed Forces, the National Oceanic and 
        Atmospheric Administration, and the Public Health 
        Service.
          [(14) Section 7572(b), Quarters: accommodations in 
        place of for members on sea duty.
          [(15) Section 1174a, special separation benefits 
        (except that benefits under subsection (b)(2)(B) of 
        such section are subject to the availability of 
        appropriations for such purpose and are provided at the 
        discretion of the Secretary of Commerce).
    [(b) The authority vested by title 10, United States Code, 
in the ``military departments'' Secretary concerned'', or ``the 
Secretary of Defense'' with respect to the provisions of law 
referred to in subsection (a) shall be exercised, with respect 
to the commissioned officer corps of the National Oceanic and 
Atmospheric Administration, by the Secretary of Commerce or his 
designee.]
                              ----------                              


                          ACT OF MAY 18, 1920

 CHAP. 190.--An Act To increase the efficiency of the commissioned and 
enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast 
            and Geodetic Survey, and Public Health Service.

          * * * * * * *
    [Sec. 11. That in lieu of compensation now prescribed by 
law, commissioned officers of the Coast and Geodetic Survey 
shall receive the same pay and allowances as now are or 
hereafter may be prescribed for officers of the Navy with whom 
they hold relative rank as prescribed in the Act of May 22, 
1917, entitled ``An Act to temporarily increase the 
commissioned and warrant and enlisted strength of the Navy and 
Marine Corps, and for other purposes,'' including longevity; 
and all laws relating to the retirement of commissioned 
officers of the Navy shall hereafter apply to commissioned 
officers of the Coast and Geodetic Survey: Provided, That 
hereafter longevity pay for officers in the Army, Navy, Marine 
Corps, Coast Guard, Public Health Service, and Coast and 
Geodetic Survey shall be based on the total of all service in 
any or all of said services.]
                              ----------                              


                          ACT OF JULY 22, 1947

   AN ACT To provide basic authority for the performance of certain 
  functions and activities of the Coast and Geodetic Survey, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That the 
Coast and Geodetic Survey is hereby authorized to provide, from 
appropriations now or hereafter made available to the Survey, 
for--
    [(a) Transportation (including packing, unpacking, crating, 
and uncrating) of personal and household effects of 
commissioned officers who die on active duty to the official 
residence of record for such officers, or, upon application by 
their dependents, to such other locations as may be determined 
by the Director of the Coast and Geodetic Survey or by such 
person as he may designate.
    [(b) Reimbursement, under regulations prescribed by the 
Secretary, of commissioned officers for food, clothing, 
medicines, and other supplies furnished by them for the 
temporary relief of distressed persons in remote localities and 
to shipwrecked persons temporarily provided for by them.
    [Sec. 2. The Secretary of Commerce is hereby authorized to 
pay extra compensation to members of crews of vessels when 
assigned duties as instrument observer or recorder, and to 
employees of other Federal agencies while observing tides or 
currents, or tending seismographs or magnetographs, at such 
rates as may be specified from time to time by him and without 
regard to section 301 of the Dual Compensation Act.]
                              ----------                              


                         ACT OF AUGUST 3, 1956

AN ACT To authorize officers of the Coast and Geodetic Survey to act as 
             notaries in places outside the United States.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That, in 
places where the Coast and Geodetic Survey is serving which are 
not within the jurisdiction of any one of the States of the 
continental United States, excluding Alaska commanding officers 
of Coast and Geodetic Survey vessels, and such other officers 
of the Coast and Geodetic Survey as the Secretary of Commerce 
may designate, may exercise the general powers of the notary 
public in the administration of oaths for the execution, 
acknowledgment, and attestation of instruments and papers, and 
the performance of all other notarial acts. The powers hereby 
conferred shall be limited to acts performed in behalf of the 
personnel of the Coast and Geodetic Survey or in connection 
with the proper execution of the functions of that agency.
    [Sec. 2. No fee of any kind shall be paid to any officer 
for the performance of any notarial act herein authorized. The 
signature without seal together with indication of grade of any 
officer performing any notarial act shall be prima facie 
evidence of his authority.]
                              ----------                              


                         ACT OF OCTOBER 1, 1890

CHAP. 1266.--An act to increase the efficiency and reduce the expenses 
of the Signal Corps of the Army, and to transfer the Weather Service to 
                     the Department of Agriculture.

          * * * * * * *
    [Sec. 3. That the Chief of the Weather Bureau, under the 
direction of the Secretary of Agriculture, on and after July 
first, eighteen hundred and ninety-one, shall have charge of 
the forecasting of weather, the issue of storm warnings the 
display of weather and flood signals for the benefit of 
agriculture, commerce, and navigation, the gauging and 
reporting of rivers, the maintenance and operation of sea-coast 
telegraph lines and the collection and transmission of marine 
intelligence for the benefit of commerce and navigation, the 
reporting of temperature and rain-fall conditions for the 
cotton interests, the display of frost and cold-wave signals, 
the distribution of meteorological information in the interests 
of agriculture and commerce, and the taking of such 
meteorological observations as may be necessary to establish 
and record the climatic conditions of the United States, or as 
are essential for the proper execution of the foregoing 
duties.]
          * * * * * * *
    Sec. 9. That on and after July first, eighteen hundred and 
ninety-one, the appropriations for the support of the Signal 
Corps of the Army shall be made with those of other staff corps 
of the Army, and the appropriations for the support of the 
Weather Bureau shall be made with those of the other bureaus of 
the Department of Agriculture[, and it shall be the duty of the 
Secretary of Agriculture to prepare future estimates for the 
Weather Bureau which shall be hereafter specially developed and 
extended in the interest of agriculture.].
          * * * * * * *

                    XVII. Committee Recommendations

    On April 16, 1997, a quorum being present, the Committee 
favorably reported the National Oceanic and Atmospheric 
Administration Authorization Act of 1997, by a voice vote, and 
recommends its enactment.

                        XVIII. Additional Views

                                ------                                


                  ADDITIONAL VIEWS OF HON. KEN CALVERT

    H.R. 1278 solidly supports NOAA and its mission. The bill 
increases funding for the National Weather Service over the 
Administration request with the intent that these funds be used 
for critical services that save lives. Additional savings must 
be achieved by office closings and termination of services that 
can be provided by the private sector. In addition, the bill 
fully funds the request for weather modernization systems 
acquisition, but I strongly support the $550 million cap on 
AWIPS.
    As Chairman of the Energy and Environment Subcommittee, I 
am proud that H.R. 1278 passed the full committee unanimously 
by voice vote. This 2 year authorization will provide added 
stability to the NWS and other offices within NOAA and I look 
forward to continuing oversight of NOAA.

                                                       Ken Calvert.



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