[House Report 105-66]
[From the U.S. Government Publishing Office]
105th Congress Rept. 105-66
HOUSE OF REPRESENTATIVES
1st Session Part II
_______________________________________________________________________
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF
1997
_______
June 20, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1278]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, 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, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
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 ``Oceanographic and
Atmospheric Research 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--OCEANOGRAPHY AND MARINE RESEARCH
Sec. 201. Oceanography and marine research.
TITLE III--PROGRAM SUPPORT AND OTHER ACCOUNTS
Sec. 301. Program support.
Sec. 302. Recoveries from prior years.
TITLE IV--STREAMLINING OF OPERATIONS
Sec. 401. Programs.
Sec. 402. Limitations on appropriations.
TITLE V--MISCELLANEOUS
Sec. 501. Weather data buoys.
Sec. 502. Duties of the National Weather Service.
Sec. 503. Prohibition of lobbying activities.
Sec. 504. Notice.
Sec. 505. Sense of Congress on the Year 2000 problem.
Sec. 506. 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) ``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration; and
(3) ``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) 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, $342,544,000 for fiscal year 1998 (reduced by $12,400,000) and
$518,455,000 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) 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.
(g) Environmental Data and Information Services.--There are
authorized to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out its environmental
data and information services duties, $43,835,000 for fiscal year 1998
and $43,835,000 for fiscal year 1999. Such duties include climate data
services, geophysical data services, and environmental assessment and
information services.
TITLE II--OCEANOGRAPHY AND MARINE RESEARCH
SEC. 201. OCEANOGRAPHY AND MARINE RESEARCH.
(a) 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.
(b) 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, $15,400,000 for fiscal year 1998
and $15,700,000 for fiscal year 1999.
(c) Ocean Remote Sensing.--There are authorized to be appropriated to
the Secretary to enable the National Oceanic and Atmospheric
Administration to carry out ocean remote sensing activities, $3,800,000
for fiscal year 1998 and $3,800,000 for fiscal year 1999.
(d) Oceanography and 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 1890, and any other law involving
those activities, $19,851,000 for fiscal year 1998 and $19,851,000 for
fiscal year 1999.
(e) Arctic Research.--There are authorized to be appropriated to the
Secretary, to enable the National Oceanic and Atmospheric
Administration to carry out the Arctic research activities of the
Office of Oceanic and Atmospheric Research $2,000,000 for each of
fiscal years 1998 and 1999.
(f) 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, $18,000,000 for each of fiscal years 1998 and
1999.
(2) Peer review.--No funds appropriated pursuant to this Act
may be obligated for any research 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 Committees on Resources and 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 that 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.
(g) Ocean Services.--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.
(h) 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).
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) 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. RECOVERIES FROM PRIOR YEARS.
The total amount authorized to be appropriated pursuant to title I 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) Federal/State Weather Modification Grants.
(2) The Southeast Storm Research Account.
(3) National Institute for Environmental Renewal.
(4) National Weather Service non-Federal, non-wildfire Fire
Weather Service.
(5) National Weather Service Regional Climate Centers.
(6) Goddard Science Center.
(7) National Weather Service Samoa Weather Forecast Office
Repair and Upgrade 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.
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 title I
of this 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 title I of this
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.
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. 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.
SEC. 504. 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. 505. 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. 506. 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.
Purpose of the Bill
The purpose of H.R. 1278 is to authorize certain programs
within the National Oceanic and Atmospheric Administration
(NOAA) for Fiscal Years 1998 and 1999.
Background and Need for Legislation
The National Oceanic and Atmospheric Administration (NOAA)
consists of five line offices: National Ocean Service (NOS),
National Marine Fisheries Service (NMFS), Office of Oceanic and
Atmospheric Research (OAR), National Weather Service (NWS), and
National Environmental Satellite, Data, and Information Service
(NESDIS). The Resources Committee has jurisdiction over
programs in NMFS and NOS. The Resources and Science Committees
share jurisdiction over certain of the ocean and marine-related
components of OAR and NESDIS. The Science Committee has
jurisdiction over NWS and the weather and atmospheric
components of OAR and NESDIS.
NOS includes: the Coast Survey, which produces charts and
navigational information crucial to the conduct of safe marine
and aviation navigation; the National Geodetic Survey, which
maintains the Nation's vertical reference system; the Coastal
Ocean Program, which conducts research to improve the quality
of information available to coastal resource managers; the
Office of Resources Conservation and Assessment, which conducts
environmental monitoring, hazardous materials planning and
response, and environmental restoration; and the Office of
Ocean and Coastal Resource Management, which oversees the
Coastal Zone Management and National Marine Sanctuaries
programs.
NMFS is responsible for the management of marine and
anadromous fisheries in the U.S. Exclusive Economic Zone,
including implementation of the Magnuson-Stevens Fishery
Conservation and Management Act. NMFS is also responsible for
the implementation of the Endangered Species Act for marine and
anadromous species and the Marine Mammal Protection Act.
OAR provides the research and technology development
necessary to improve NOAA services and provide the scientific
foundation for national policy decisions on marine resources,
ocean, climate, and atmospheric issues. Research is conducted
by NOAA and university scientists through a network of 11
Environmental Research Laboratories, 29 National Sea Grant
programs, six Undersea Research Centers, and eight cooperative
laboratories with universities.
NOAA needs a certain number of days at sea on NOAA-owned or
contracted vessels to acquire the data it needs to prepare
nautical charts, assess fishery stocks, conduct oceanographic
measures and to otherwise carry out its mission. In prior
years, ship time was provided from a central Marine Services
Account. In Fiscal Year 1997, the central account was replaced
by ``Acquisition of Data'' line items in NOS, NMFS, and OAR.
This change was made to provide line offices with the maximum
amount of flexibility in determining how to acquire ship time.
The Administration's Fiscal Year 1998 Budget Request proposed
reductions in these line items. The Resources Committee
strongly opposes these reductions. If NOAA cannot go to sea, it
cannot gather the data it needs to carry out the
responsibilities Congress has given it. Therefore, the
Resources Committee reported version of H.R. 1278 increases the
authorization for OAR's Acquisition of Data line to $15.4
million.
The vast majority of NOAA's oceanography and fisheries
programs are authorized by separate statute, such as the
Magnuson-Stevens Fishery Conservation and Management Act, the
Coastal Zone Management Act, title II of the Marine Protection,
Research and Sanctuaries Act, the Coastal and Geodetic Survey
Act, and the National Marine Sanctuaries Act. These programs
are not authorized under H.R. 1278 as reported from the
Committee on Resources. Rather, H.R. 1278 provides more
specific authority for certain programs which have been created
administratively under NOAA's more general authority.
The version of H.R. 1278 reported from the Committee on
Resources removes the authorization of appropriations and
deletes other provisions for programs within the Committee's
jurisdiction. While the Committee is sympathetic to the idea of
a NOAA authorization bill as a convenient one-stop financial
statement for NOAA and as a vehicle for policy change, the
Committee strongly believes that it should provide the
appropriate authorization levels and other policy changes for
its programs. Therefore, section 402 of the Committee on
Resources-reported bill should not be read as an overall
authorization level for NOAA. The section 402 cap applies only
to the activities authorized under title I of the bill, which
contains programs within the Committee on Science's
jurisdiction. The overall numbers in section 402 remain
unchanged from those in H.R. 1278 as introduced even though the
cap applies to only a subset of NOAA activities; the Committee
on Resources did not presume to create an overall authorization
level for programs not under its jurisdiction.
Committee Action
H.R. 1278 was introduced on April 10, 1997, by Congressman
Ken Calvert (R-CA). The bill was referred to the Committees on
Science and Resources. Within the Resources Committee, the bill
was referred to the Subcommittee on Fisheries Conservation,
Wildlife and Oceans. On February 27, 1997, the Subcommittee
held a hearing on NOAA's Fiscal Year 1998 budget. The Honorable
Diana Josephson, Deputy Under Secretary of Commerce for Oceans
and Atmosphere, Department of Commerce, testified on the budget
request. This hearing reviewed many of the issues and programs
addressed in H.R. 1278.
On May 22, 1997, the Subcommittee met to mark up H.R. 1278.
An amendment in the nature of a substitute was offered by
Congressman Jim Saxton (R-NJ), and adopted by voice vote. The
substitute made several changes to the bill as introduced.
First, it amends the title of the bill to ``The Oceanographic
and Atmospheric Research Authorization Act of 1997.'' The
Science Committee entitled the bill ``The National Oceanic and
Atmospheric Administration Authorization Act of 1997.'' The
bill does not deal with NOAA's fisheries, coastal zone
management or marine sanctuary programs, and the substitute
drops the provisions in the bill that deal with navigation
services, coastal monitoring and assessment, and the NOAA
Commissioned Officer Corps and Fleet. Therefore, the bill does
not provide an agency-wide authorization.Second, the amendment
increases the authorization level for the National Undersea Research
Program (NURP), and deletes the requirement to establish two new NURP
oversight entities; Third, the amendment drops provisions authorizing
navigation services and coastal monitoring and assessment, areas that
are not within the jurisdiction of the Science Committee. Fourth, the
amendment deletes the provisions dealing with the NOAA Commissioned
Officer Corps and the NOAA Fleet. The Corps and Fleet issues primarily
affect the agency's hydrographic and fisheries responsibilities, not
the agency's oceanographic work.
In addition, Congressman Neil Abercrombie offered an
amendment to the Saxton amendment that authorized $7 million in
Fiscal Year 1998 and Fiscal Year 1999 for the Global Learning
and Observations to Benefit the Environment (GLOBE) program.
The amendment was accepted by unanimous consent. The Saxton
amendment in the nature of a substitute, as amended, was
adopted by voice vote, and the bill, as amended, was ordered
favorably reported to the Full Committee by voice vote.
On June 11, 1997, the Full Resources Committee met to
consider H.R. 1278. An amendment to reduce NOAA's
administrative costs by five percent was offered by Congressman
Calvert, and adopted by voice vote. The bill as amended was
then ordered favorably reported to the House of Representatives
by voice vote.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 2(l)(3) of Rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of Rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact H.R. 1278.
Cost of the Legislation
Clause 7(a) of Rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 1278. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance With House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
Rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
1278 does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
Enactment of H.R. 1278 could result in additional discretionary
spending and also, by establishing a civil penalty for the
tampering with data buoys, could increase Federal Government
receipts.
2. With respect to the requirement of clause 2(l)(3)(D) of
Rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 1278.
3. With respect to the requirement of clause 2(l)(3)(C) of
Rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
1278 from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 1997.
Hon. Don Young,
Committee on Resources, U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1278, the
Oceanographic and Atmospheric Research Authorization Act of
1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Gary Brown
(for federal costs), and Marge Miller (for the State and local
impact).
Sincerely,
James L. Blum,
(for June E. O'Neill, Director).
Enclosure.
H.R. 1278--Oceanographic and Atmospheric Research Authorization Act of
1997
Summary: H.R. 1278 would authorize appropriations for
certain programs and activities of the National Oceanic and
Atmospheric Administration (NOAA) for fiscal years 1998 and
1999. NOAA's mission is to describe and predict changes in the
Earth's environment, and to conserve and manage coastal and
marine resources. Other provisions in the bill would authorize
NOAA to use carryover balances from certain programs for other
purposes within the agency, eliminate certain NOAA programs,
and authorize NOAA to collect civil penalties from individuals
for tampering with weather data buoys.
Assuming appropriation of the authorized amounts, CBO
estimates that enacting H.R. 1278 would result in additional
discretionary spending of about $2.8 billion over the 1998-2002
period. The legislation could affect governmental receipts by
establishing a civil penalty for tampering with data buoys;
therefore, pay-as-you-go procedures would apply. However, CBO
estimates that any new receipts would be negligible. The bill
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act of 1995 (UMRA) and
would impose no costs on state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1278 is shown in the following table.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget Authority \1\.................................. 1,381 0 0 0 0 0
Estimated Outlays..................................... 1,381 591 206 102 3 1
Proposed Changes:
Authorization Level................................... 0 1,308 1,469 0 0 0
Estimated Outlays..................................... 0 726 1,142 544 241 104
Spending under H.R. 1278:
Authorization Level \1\............................... 1,381 1,308 1,469 0 0 0
Estimated Outlays..................................... 1,381 1,317 1,348 646 244 105
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year for the activities authorized in this bill.
The costs of this legislation fall within budget function
300 (natural resources and environment).
basis of estimate
Spending subject to appropriation
For purposes of this estimate, CBO assumes that all amounts
authorized in H.R. 1278 will be appropriated by the start of
each fiscal year and that outlays will follow the historical
spending patterns for the authorized programs.
H.R. 1278 would authorize new budget authority of $1,308
million in fiscal year 1998 and $1,469 million in 1999. Those
levels include downward adjustments from the gross
authorization levels stated in the bill. Those adjustments
reflect a directive in the bill requiring that NOAA use $26
million in 1998 and $14 million in 1999 from prior-year
balances and reducing authorizations of appropriations by those
amounts. CBO estimates that provisions in H.R. 1278 directing
NOAA to use unobligated balances from various programs for
other purposes within the agency.
Total authorizations estimated for this bill reflect (1)
authorizations of $1,196 million for 1998 and $1,347 million in
1999 for atmospheric, weather, and satellite programs in NOAA,
(2) reductions from those amounts of $26 million and $14
million, respectively, to come from prior-year balances, and
(3) authorizations of $138 million in 1998 and $136 million in
1999 for oceanography research, marine research, program
support, and other accounts. The bill contains an overall
limitation on authorizations of appropriations for atmospheric,
weather, and satellite programs that is more than $200 million
greater in each of fiscal years 1998 and 1999 than the sum of
the bill's specific authorizations for these programs, but it
does not authorize these additional amounts.
We expect that the amounts authorized under the bill would
be sufficient to pay for the costs of terminating those NOAA
programs targeted for elimination.
Revenues
H.R. 1278 would establish a civil penalty of $10,000 for
tampering with weather data buoys established, installed, or
maintained by the National Data Buoy Center. Collections from
imposing this penalty would be governmental receipts. CBO
expects that any collections from this penalty would total
significantly less than $500,000 a year.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending
or receipts through 1998. The bill's provision establishing a
penalty for tampering with data buoys could affect receipts,
but CBO estimates that any new revenues would be negligible.
Estimated impact on State, local, and tribal governments:
H.R. 1278 contains no intergovernmental mandates as defined in
UMRA, and would impose no costs on state, local, or tribal
governments. The bill would abolish five NOAA programs that
provide research funds or grants to state governments and
universities. Three of these programs did not receive funding
in fiscal year 1997; the other two programs received a total of
$3 million for the year.
Two provisions in the bill concern NOAA grant conditions
and procedures for awarding grants. One provision would require
compliance with the ``Buy American Act.'' Another would require
that all research grants funded under this bill be
competitively awarded and subject to peer review. Based on
information provided by NOAA officials, CBO expects that the
first provision would impose no additional costs on grantees.
Grantees and grant applicants would incur some additional costs
as a result of the latter provision, however, and NOAA grants
could go to different institutions. CBO cannot predict how the
share of research funding awarded to public universities and
colleges would change, however.
Estimated impact on the private sector: The bill would
impose no new private-sector mandates as defined in UMRA.
Previous CBO estimate: On April 21, 1997, CBO provided an
estimate for H.R. 1278, the National Oceanic and Atmospheric
Administration Authorization Act of 1997, as ordered reported
by the House Committee on Science. Assuming appropriation of
the authorized amounts, CBO estimated that enacting that
version of the bill would result in additional discretionary
spending of about $3 billion over the 1998-2002 period--about
$200 million more than the version approved by the Resources
Committee.
Estimate prepared by: Federal Costs: Gary Brown; Impact on
State, Local, and Tribal Governments: Marjorie Miller.
Estimate approved by: James R. Horney for Paul N. Van de
Water, Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 1278 contains no unfunded mandates.
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) * * *
[(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.
* * * * * * *
----------
THE ACT OF OCTOBER 1, 1890
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 interests of agriculture.].
* * * * * * *