[Senate Report 108-219]
[From the U.S. Government Publishing Office]
Calendar No. 423
108th Congress Report
1st Session SENATE 108-219
_______________________________________________________________________
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION REAUTHORIZATION ACT OF
2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1401
December 9, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 423
108th Congress Report
SENATE
1st Session 108-219
======================================================================
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION REAUTHORIZATION ACT OF
2003
_______
December 9, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1401]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1401) to reauthorize the
National Oceanic and Atmospheric Administration, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill (as amended) do
pass.
Purpose of the Bill
The purpose of S. 1401, the National Oceanic and Atmospheric
Administration Authorization Act of 2003, is to authorize the
National Oceanic and Atmospheric Administration (NOAA) line
offices for a two-year period beginning in fiscal year (FY)
2004, and the Office of Program Planning and Integration,
program support activities, an external research program in the
Office of Oceanic and Atmospheric Research, and the Office of
Education for a five-year period beginning in FY 2004.
Background and Needs
In 1970, NOAA was created within the Department of Commerce
based in part on the recommendations of the Stratton Commission
Report. The agency was formed by combining the Bureau of
Commercial Fisheries, the U.S. Weather Bureau, the Coast and
Geodetic Survey, the Environmental Data Service, the National
Satellite Center, and the Research Libraries. NOAA is composed
of the following six line offices: the National Ocean Service,
the National Marine Fisheries Service; the Office of Oceanic
and Atmospheric Research; the National Weather Service; the
National Environmental Satellite, Data, and Information
Service; and the Office of Marine and Aviation Operations.
Congress last approved a general NOAA authorization measure
in 1992 (P.L. 102-567). The National Oceanic and Atmospheric
Administration Authorization Act of 1992 authorized funding for
NOAA programs not authorized under other legislation (e.g.
Magnuson-Stevens Fishery Conservation and Management Act)
through FY 1993.
The Administration's FY 2004 budget request for NOAA of
$3.326 billion represents an increase of $74 million above the
FY 2003 appropriated level and $190 million over the FY 2003
Administration request. Within the requested funding level, the
Administration proposes essential realignments for a total of
$190 million in program increases in the following six
crosscutting themes: Infrastructure, Maintenance, Safety, and
Human Capital; Climate Change, Research, Observations, and
Services; Energy and Commerce; Ecosystem Forecasting and
Management; Environmental Monitoring and Prediction; and
Homeland Security.
The Administration's FY 2004 request focuses on core
responsibilities. It would continue NOAA's effort to provide
increasingly more accurate predictions in weather; provide a
greater understanding of long-term climate and environmental
trends that can impact daily lives; sustain healthy marine
habitats, robust ecosystems, and coastal environments; and
address safety and environmental compliance issues impacting
NOAA's number one resource - its people. The line offices'
budgets in the Administration's request are divided between two
primary accounts: the Operations, Research, and Facilities
(ORF) account and the Procurement, Acquisition, and
Construction (PAC) account. The remainder of the funds are
split among various accounts.
S. 1401, as introduced, would authorize NOAA line offices at
levels consistent with the Administration's FY 2004 request,
with a 3 percent annual increase for FYs 2005 through 2008. It
also would authorize a new NOAA business management fund, a
volunteer hydrographic services program, an external research
program at the Office of Oceanic and Atmospheric Research, the
newly established Office of Program Planning and Integration
(OPPI), and the Office of Education. As approved by the
Committee, S. 1401 would continue to support the core NOAA
responsibilities identified by the Administration, and
authorizes additional funding for a range of program areas that
the Committee believes need increased attention. The bill
retains five-year authorizations for OPPI, Program Support, the
Office of Education, and the external research program, but
provides a two-year authorization (FYs 2004-2005) for the
remaining core line offices in anticipation that the upcoming
report of the U.S. Commission on Ocean Policy may contain
recommendations relevant to these programs. The Committee-
reported bill also contains additional authorizations for
certain NOAA science and weather-related activities.
National Marine Fisheries Service
The National Marine Fisheries Service (NMFS) is responsible
for the management and conservation of living marine resources
within the United States' Exclusive Economic Zone, which
extends to 200 nautical miles from the coastline. NMFS also
supports the management of living marine resources in the
international arena, as well as those under State jurisdiction.
The Administration's FY 2004 budget proposes resources to
fulfill a multi-year commitment to improve NMFS structure,
processes, and business approaches to meet the mission of
sustaining the nation's living marine resources. This
initiative is intended to further improve NMFS's science,
management, and enforcement programs and continue rebuilding
its aging infrastructure.
The Administration's FY 2004 budget request for the ORF
account is $621 million, an increase of $40.9 million above the
FY 2003 enacted level. The FY 2004 request for the PAC account
is $14 million, primarily to fund the replacement of the
Honolulu laboratory and renovate the Galveston, Texas,
fisheries laboratory.
As reported, the bill would provide an increase for FY 2004
authorizations for the NMFS ORF account by $110 million over
the FY 2003 enacted level. While the Administration's request
represented an increase above the FY 2003 enacted amount,
testimony before the Committee and recent budget reviews
indicate that pressing science, research, and management needs
for NMFS's fisheries, marine mammals, and other protected
species programs exceed the levels proposed. This is especially
true as lawsuits and resulting information needs have
increased. Funding shortfalls in these areas have been
exhaustively documented in reports such as the 2002 National
Administration of Public Administration Report, Courts,
Congress, and Constituencies: Managing Fisheries by Default,
and the report prepared for the NOAA Deputy Under Secretary in
2000, An Independent Assessment of the Resource Requirements
for the National Marine Fisheries Service. Particular areas
identified as requiring additional funding are: collection and
analysis of socioeconomic data; improved stock assessments for
fisheries and marine mammals; cooperative research, cooperative
enforcement and Vessel Monitoring Systems (VMS); marine mammal
research; observers; bycatch reduction; and compliance with
procedural and analytical requirements such as the National
Environmental Policy Act (NEPA).
It is the Committee's intent that NOAA considers the relative
needs and urgency among regions for stock assessment and
cooperative research when determining priorities for allocating
funding increases for these activities. The Committee notes
that stock assessments in the Pacific Northwest region have
historically been conducted with less frequency than in other
regions due to insufficient funds, although other factors
(e.g., status of fisheries, ecosystem change, regulatory
adaptability, etc.) also should be considered when determining
the need for and urgency of conducting stock assessments. The
Committee also notes that some cooperative research programs in
the Northeast region are facilitating progress (e.g., monkfish
and herring), and cooperative research programs should be
expanded in all regions.
National Ocean Service
The National Ocean Service (NOS) is the primary Federal
agency working to preserve America's coastal resources through
the observation, measurement, assessment, and management of the
nation's coastal and ocean areas. Federal agencies, State and
county governments, scientists, and others involved in coastal
and ocean-related work depend on NOS scientific data, technical
assistance, and coordination. Some of the NOS's science
activities include understanding and predicting impacts on
sensitive habitats, studying natural disasters, determining how
climate change may affect our lives, and investigating the
causes of harmful algal blooms, such as red tides and toxic
Pfiesteria piscicida.
The Administration's FY 2004 request for the ORF account is
$391 million, a decrease of $26.9 million below the FY 2003
enacted level. The request for the PAC account is $20 million,
which will in part fund construction and acquisition for the
National Estuarine Research Reserve program and the National
Marine Sanctuary program.
The bill would increase authorizations for NOS by a total of
$210 million above the FY 2004 requested level. The increase
includes $110 million for the ORF account for such core
activities as reducing the hydrographic survey backlog,
increased shoreline mapping and coastal technologies, coastal
observing systems, Coastal Zone Management, and the coastal
research and services that are essential to resource management
and marine operations. An additional $100 million would be
authorized for the PAC account for certain construction and
acquisition purposes, including laboratories, National Marine
Sanctuaries, National Estuarine Research Reserves, and coastal
land protection activities. The increase also conforms to
increased funding levels authorized in legislation either
approved by the Committee or strongly supported by Committee
members in the 108th Congress. These include: S. 241, the
Coastal Zone Enhancement and Reauthorization Act of 2003; S.
247, the Harmful Algal Bloom and Hypoxia Amendments Act; S.
861, the Coastal and Estuarine Land Protection Act; and S.
1400, the Ocean and Coastal Observation Systems Act.
Oceanic and Atmospheric Research
The Office of Oceanic and Atmospheric Research (OAR) (also
known as ``NOAA Research'') conducts the scientific research,
environmental studies, and technology development needed to
improve NOAA's operations and broaden our understanding of the
Earth's atmospheric and marine environmental systems. The NOAA
research budget activity supports joint programs with other
Federal agencies, including the U.S. Weather Research Program,
U.S. Global Change Research Program, Health of the Atmosphere,
and Ocean Exploration. NOAA Research also leads in programs
such as Climate Observations and Services, High Performance
Computing and Communications, and other environmental programs
that examine a number of climate, atmospheric, and ocean
interactions.
The Administration's FY 2004 request for the ORF account is
$366.5 million, a decrease of $8.24 million below the FY 2003
enacted level. The request for the PAC account is $14.1
million, which is to fund high-performance computing at the
Geophysical Fluid Dynamics Laboratory (GFDL).
The bill would increase authorizations in FY 2004 for the OAR
ORF account by $45.4 million above the Administration's request
to address the funding needs of a variety of activities
strongly supported by the Committee, such as monitoring and
prediction of long-term climate change, efforts to understand
and forecast severe weather events, ocean observing systems,
and studies of coastal and marine health. The increase also
would be for important OAR research and education programs,
such as NOAA's National Sea Grant College Program, Undersea
Research Program, Office of Ocean Exploration, the new National
Invasive Species Act program, and coastal science programs.
This increase also conforms the bill to the Committee's
approved FY 2004 authorization level of $75 million for the Sea
Grant program (over $17 million more than the $57.4 million
proposed by the Administration).
National Weather Service
The National Weather Service (NWS) provides weather, water,
and climate forecasts and warnings for the United States, its
territories, adjacent waters, and ocean areas for the
protection of life and property and the enhancement of the
national economy. The NWS strives to mitigate the impacts of
weather related hazards through improved weather warning and
forecast services. The Administration's FY 2004 budget request
for the NWS continues to focus resources toward improving its
core performance measures including: tornado warning lead times
(11 minutes); flash flood warning accuracy (86 percent); winter
storm warning accuracy (88 percent); 48 hour hurricane track
error (138 nautical miles); 3 day precipitation forecast
accuracy (19 percent); aviation ceiling and visibility forecast
accuracy (19 percent); marine wind and wave forecast accuracy
(54 percent); and U.S. seasonal temperature forecast accuracy
(21 Heidke skill score).
The Administration's request for the NWS ORF account is $721
million, and the request for the PAC account is $99.1 million.
The requested funding would continue funding of the Next
Generation Weather Radar (NEXRAD) product improvement
activities, initiate efforts to replace the NWS
Telecommunications Gateway switching system, establish a
Coastal Global Ocean Observing System, and help automate the
collection and dissemination of civil emergency messages over
the NOAA weather radio system. The budget request for the PAC
account also included $14 million for Weather Forecast Office
construction and the NOAA Center for Weather and Climate
Prediction.
The bill would increase the NWS ORF account for FY 2004 by
$24.1 million. The increase includes $20 million to support
additional data buoys needed to provide further support for
coastal observations and essential data on ocean and climate
conditions. The authorization level also includes $4.3 million
for wind profilers, which had been funded by Congress in FY
2002, but were not contained in the Administration's FY 2004
request. This network supports important tornado detection
activities, which have successfully improved weather warnings
and forecasts nationally.
National Environmental Satellite, Data, and Information Service
The National Environmental Satellite, Data, and Information
Service (NESDIS) operates the nation's operational
environmental satellite system, composed of the Geostationary
Operational Environmental Satellites (GOES) and the Polar-
orbiting Operational Environmental Satellites (POES), providing
the U.S. space-based component of a global environmental
monitoring system. NESDIS also manages the largest collection
of atmospheric, geophysical, and oceanographic data in the
world. Additionally, on behalf of the Department of Commerce,
NESDIS licenses the operation of private remote-sensing space
systems. The total budget request for the ORF account for FY
2004 is $150.3 million.
The request for the PAC account is $687.2 million. This
funding is requested to support GOES I-M; continue procurement
of the GOES-N series; continue development of the National
Polar-Orbiting Environmental Satellite System (NPOESS)
instrumentation; continue production and launch of NOAA Polar K
- N; provide backup capability for all critical satellite
products and services; and foster the development and
deployment of technologies to meet long-standing NOAA
requirements for observations of coastal zones.
The bill would fund the NESDIS PAC account at $698.2 million.
Of this amount, a $10.5 million increase is provided over the
Administration's FY 2004 request for NPOESS, which is merging
the nation's civil and military weather satellites into a
single national system and is scheduled for full availability
in FY 2009. The increase in authorized funding would keep
NPOESS on schedule and reduce the risk of a data gap that could
occur if current satellites are not replaced on schedule. The
remaining $0.5 million is included to conform the bill to the
Administration's FY 2004 request for GOES.
Office of Marine and Aviation Operations
The Office of Marine and Aviation Operations (OMAO) uses
ships and aircraft to collect data required to meet NOAA's
mission and provides operational, technical, and management
support to NOAA programs through the NOAA Commissioned Corps.
OMAO operates and maintains NOAA's fleet of 16 research and
survey ships and 13 aircraft, and assists with outsourcing for
ship and aircraft support.
The Administration's FY 2004 request for the ORF account is
$109.1 million. The Administration's FY 2004 request for the
PAC account is $9.1 million, which is a decrease from $62.5
million for FY 2003 when a new fishery survey vessel was
funded. The FY 2004 funding is requested to comply with
aircraft regulatory and safety upgrades, replace the Turbo
Commander aircraft used to forecast weather, and upgrade the
navigational system on the WP-3D aircraft.
The bill would increase authorizations for the OMAO PAC
account to $67.3 million, $58.2 million above the FY 2004
budget request, for continued recapitalization of the NOAA
fleet through the procurement of a new fishery research vessel
and retrofitting another vessel to do work in the Western
Pacific. The OMAO ORF account authorization would be $115.1
million, an increase of $6 million above the FY 2004 budget
request, to fund the operation of the retrofitted vessel.
Program Support
Program support is comprised of three distinct sub-
activities, which provide assistance to: 1) Corporate Services;
2) Facilities; and 3) the OMAO. The Corporate Services sub-
activity covers NOAA's Under Secretary and Associate Offices
and its Policy Formulation and Direction functions. The
Facilities sub-activity provides funding to address facility
compliance issues NOAA-wide. The OMAO sub-activity provides
support to NOAA programs through the operation of NOAA ships
and aircraft, as well as by outsourcing these activities.
The Administration's request for Program Support for the ORF
account is $232.5 million for FY 2004, and the request for the
PAC account is $10.0 million, while the request for Other
Program Support is $190.5 million.
Legislative History
S. 1401 was introduced by Senators McCain and Snowe on July
14, 2003, and was referred to the Senate Committee on Commerce,
Science, and Transportation. On July 17, 2003, the bill was
considered by the Committee in an open executive session. The
Committee ordered S. 1401 to be reported with four amendments.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1401, the National
Oceanic and Atmospheric Administration Reauthorization Act of
2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1401--National Oceanic and Atmospheric Administration
Reauthorization Act of 2003
Summary: S. 1401 would authorize the appropriation of $3.8
billion in 2004 and $4.1 billion in 2005 for operations,
research, facilities, and procurement programs carried out by
the National Oceanic and Atmospheric Administration (NOAA). The
bill also would authorize the appropriation of between $300
million and $337 million annually through 2008 for NOAA program
planning and support, including $2 million to $3 million a year
for a new office of education. Finally, section 206 would
authorize NOAA to operate its marine lab in South Carolina in
partnership with that state and with with local educational
institutions, and to charge and spend lab use fees to support
cooperative research.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1401 would cost $2.4 billion in
2004 and $9.3 billion over the 2004-2008 period. (About $170
million would be spent after 2008). Charging and using fees at
the marine laboratory in South Carolina would increase both
offsetting receipts and direct spending, but CBO estimates that
such transactions would have no significant net effect on the
federal budget.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1401 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment). For this estimate, CBO
assumes that the amounts authorized by the legislation will be
appropriated for each fiscal year and that outlays will follow
historical spending patterns for NOAA activities. CBO estimates
that any offsetting receipts earned by the marine lab in South
Carolina under section 206 would be less than $500,000 a year
and would be largely offset by additional direct spending.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spender Under Current Law for NOAA operations, research,
facilities, and procurement:
Budget Authority \1\.................................. 3,183 0 0 0 0 0
Estimated Outlays..................................... 2,827 1,157 390 114 30 30
Proposed Changes:
Authorization Level................................... 0 4,066 4,426 320 330 340
Estimated Outlays..................................... 0 2,390 3,677 1,838 925 480
Spending Under S. 1401 for NOAA operations, research,
facilities, and procurement:
Authorization Level \1\............................... 3,183 4,066 4,426 320 330 340
Estimated Outlays..................................... 2,827 3,547 4,067 1,952 955 510
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year NOAA operations, research, facilities, and
procurement.
Intergovernmental and private-sector impact: S. 1401
contains no intergovernmental or private-sector mandates as
defined in UMBRA and old impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1401, as reported, would authorize NOAA line offices for a
two-year period and various programs for a five-year period
beginning in FY 2004. It does not require any new regulations
and therefore should not subject any individuals or businesses
to new regulations.
ECONOMIC IMPACT
This legislation would not have an adverse impact on the
nation's economy. S. 1401 would authorize a total of
$3,764,393,000 in FY 2004 and $4,014,509,000 in FY 2005 for the
NWS, OAR, NESDIS, NOS, NMFS, and OMAO. For the Office of
Program Planning and Integration, program support activities,
an external research program in OAR, and the Office of
Education, S. 1401 would authorize a total of $301,800,000 in
FY 2004, $335,900,000 in FY 2005, $350,100,000 in FY 2006,
$364,800,000 in FY 2007, and $379,600,000 in FY 2008. These
funding levels also would allow NOAA to continue its missions
to understand and predict changes in the Earth's environment
and conserve and manage coastal and marine resources to meet
the nation's economic, social, and environmental needs.
PRIVACY
The reported bill should not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
S. 1401 would not impose any new paperwork requirements on
private citizens, businesses, or other entities that do not
choose to participate in a NOAA program; representatives of
entities choosing to participate in these programs may be
subject to some changes in the paperwork requirements of the
program.
Section-by-Section Analysis
Section. 1. Short Title
Section 1 would entitle the bill as the ``National Oceanic
and Atmospheric Administration Authorization Act of 2003''.
Sec. 2. Table of Contents
Section 2 would provide the ``Table of Contents'' for the
bill.
Sec. 3. Definitions
This section would define certain key terms applicable to the
bill including ``Administrator'' and ``Secretary''.
Sec. 101. National Weather Service
Subsection (a) would authorize the ORF activities of the NWS
at $745.1 million for FY 2004 and $819.6 million for FY 2005.
Subsection (b) would authorize the PAC activities of the NWS
at $99.1 million for FY 2004 and $102 million for FY 2005.
Sec. 102. Oceanic and Atmospheric Research
Subsection (a) would authorize the ORF activities of the OAR
at $411.9 million for FY 2004 and $453.1 million for FY 2005.
Subsection (b) would authorize the PAC activities of the OAR
at $14.1 million for FY 2004 and $14.5 million for FY 2005.
Sec. 103. National Environmental Satellite, Data, and Information
Service
Subsection (a) would authorize the ORF activities of the
NESDIS at $150.3 million for FY 2004 and $154.8 million for FY
2005.
Subsection (b) would authorize the PAC activities of the
NESDIS at $698.2 million for FY 2004 and $768 million for FY
2005.
Sec. 104. National Ocean Service
Subsection (a) would authorize the ORF activities of the NOS
at $501.1 million for FY 2004 and $551.2 million for FY 2005.
Subsection (b) would authorize the PAC activities of the NOS
at $120 million for FY 2004 and $132 million for FY 2005.
Sec. 105. National Marine Fisheries Service
Subsection (a) would authorize the ORF activities of the NMFS
at $731 million for FY 2004 and $804.1 million for FY 2005.
Subsection (b) would authorize the PAC activities of the NMFS
at $14 million for FY 2004 and $14.4 million for FY 2005.
Subsection (c) would authorize other necessary activities for
NMFS at $97.2 million for FY 2004 and $100.1 million for FY
2005.
Sec. 106. Office of Program Planning and Integration
This section would authorize the ORF activities for the
Office of Program Planning and Integration at $2.7 million for
FY 2004, $2.8 million for FY 2005, $2.9 million for FY 2006,
$3.0 million for FY 2007, and $3.0 million for FY 2008.
Sec. 107. Program Support
This section would authorize the program support activities
at NOAA at $296.8 million for FY 2004, $305.7 million for FY
2005, $314.8 million for FY 2006, $324.3 million for FY 2007,
and $334 million for FY 2008.
Sec. 108. Office of Marine and Aviation Operations
Subsection (a) would authorize the ORF activities for the
Office of Marine and Aviation Operations at $115.1 million for
FY 2004 and $126.6 million for FY 2005.
Subsection (b) would authorize the PAC activities for the
Office of Marine and Aviation Operations at $67.3 million for
FY 2004 and $74.1 million for FY 2005.
Sec. 201. Establishment of Business Management Fund
Subsection (a) would establish the Business Management Fund
for expenses and equipment necessary for the maintenance and
operations of services and projects deemed necessary by the
Administrator.
Subsection (b) would require the Administrator to maintain a
separate schedule of expenditures and reimbursements for the
Fund, along with an annual statement of current assets and
liabilities of the Fund prepared at the close of each fiscal
year.
Subsection (c) would allow the Fund to be credited with
advances and reimbursements from applicable appropriations and
from funds of other agencies or entities for services furnished
pursuant to law. Any inventories, equipment, systems, real
property, and other assets over $25,000 would be used to
capitalize the fund.
Subsection (d) would provide for centralized services at
rates which return, in full, the cost of salaries and accruing
benefits and the annual costs equal to projected inflation, not
to exceed 4 percent necessary to maintain a reasonable
operating reserve.
Subsection (e) would provide for the Fund to become
operational on October 1, 2003.
Sec. 202. External Research Program
Subsection (a) would require the Administrator to submit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science, at the time of the FY 2005 budget request, for the
establishment of an external research program within OAR. The
report shall include a plan that supports funding levels for
external research of $25 million for FY 2005, $30 million for
FY 2006, $35 million for FY 2007, and $40 million for FY 2008.
Subsection (b) would require the report to include a
management plan for the external research program whose purpose
shall be to provide funding for merit based, peer-reviewed
research grants and contracts to public and private
organizations that will improve the efficiency and coverage of
the nation's operational observing system and accelerate the
direct transfer of research results into operational programs
at NOAA providing operational weather monitoring, analysis, and
forecasting services to the nation. The management plan also
would be required to include a strategy to commit NOAA to
spending 50 percent of new research funds (exclusive of
adjustments to base) within the external community via a merit-
based, peer review process.
Subsection (c) would require the report to include a
mechanism for involving the public and private organizations in
the planning and execution of the external research program.
Subsection (d) would require an annual report from the
Administrator to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Resources and the House of Representatives Committee on Science
on the progress within NOAA of the transition of research
results into operational products and services.
Sec. 203. Hydrographic Service Volunteers
This section would amend section 303 of the Hydrographic
Services Improvement Act of 1998 (P.L. 105-384) by adding the
following new subsections:
New subsection (d) would authorize the Administrator to
establish a volunteer program. It also would authorize the
Administration to enter into special agreements with qualified
organizations to implement that program, and provide funding as
necessary to the qualified organization for assisting in the
implementation of a volunteer program.
New subsection (e) would require that paragraphs (1) through
(5) of section 7(c) of the Fish and Wildlife Act of 1956 (16
U.S.C. 742f(c)) apply to volunteers under subsection (c) of
this section.
New subsection (f) would clarify that a qualified
organization would be non-governmental, not-for-profit, and
would be determined to have demonstrated expertise in boating
safety and a commitment to improving the quality of
hydrographic services and related oceanographic and
meteorological information.
Sec. 204. Establishment of an Office of Education
Subsection (a) would require the Administrator to establish
within NOAA an Office of Education and to consider education a
central part of NOAA's mission. The purpose of the office would
be to coordinate and promote educational missions for all NOAA
programs to better facilitate public awareness of oceanic and
atmospheric systems.
Subsection (b) would authorize funding to carry out the
activities of the office at $2.3 million for FY 2004; $2.4
million for FY 2005; $2.4 million for FY 2006; $2.5 million for
FY 2007; and $2.6 million for FY 2008.
Sec. 205. NOAA Corps Authorized Number of Officers
This section would amend section 215 of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act
of 2002 to increase the maximum number of NOAA Corps officers
by striking ``285'' in paragraph 2 and inserting ``375'', and
striking ``299'' in paragraph 3 and adding ``375''.
Sec. 206. Federal-State Partnership Operations
Subsection (a) would authorize the Secretary to operate the
NOAA marine lab as a partnership for collaborative,
interdisciplinary marine scientific research.
Subsection (b) would allow the members of the lab partnership
to use Federal, State, private, and grant funds to further the
mission of the lab. It also would permit lab partners to seek
and hold patents and share personnel, facilities, and property.
Subsection (c) would allow any collected or accepted funds of
any partner to be used to cover costs, reimburse participating
agencies for their costs, and fund research and facilities
expansion.
Subsection (d) would allow lab funds to be used for the
operation of partners' labs. The Secretary would be authorized
to charge fees and form agreements with Federal, State, and
private entities; these funds would be used to support lab
research, operations, and enhancement.
Sec. 207. Cyclone Reconnaissance Review
Subsection (a) would require the Secretaries of Commerce and
Defense to review the management plans for continued tropical
cyclone surveillance and reconnaissance development to
determine: if the plans provide adequate coverage and
protection of citizens in coastal areas; the appropriate roles
and responsibilities for the Departments of Commerce and
Defense; and any additional funding or other resources that are
necessary for these plans.
Subsection (b) would require the Secretaries of Commerce and
Defense to submit their findings to Congress within 90 days of
enactment.
Subsection (c) would require that NOAA not accept any
responsibility for the duties of the U.S. Air Force Reserve
53rd Weather Reconnaissance Squadron until 30 days after the
Secretaries of Commerce and Defense provide Congress with a
plan for NOAA and Air Force Reserve mission performance and
aircraft use.
Sec. 208. NEXRAD Radar Facility Study
Subsection (a) would allow the Secretary to conduct studies
on the placement of NEXRAD radar facilities in areas that are
not currently covered by this radar, many of which are in the
Western United States. Each study would identify possible
facility placement locations to optimize the coverage of
currently uncovered areas.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):
HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998
SEC. 303. FUNCTIONS OF THE ADMINISTRATOR.
[33 U.S.C. 892A]
(a) Responsibilities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of
1947, the Administrator shall--
(1) acquire and disseminate hydrographic data;
(2) promulgate standards for hydrographic data used
by the Administration in providing hydrographic
services;
(3) promulgate standards for hydrographic services
provided by the Administration;
(4) ensure comprehensive geographic coverage of
hydrographic services, in cooperation with other
appropriate Federal agencies;
(5) maintain a national database of hydrographic
data, in cooperation with other appropriate Federal
agencies;
(6) provide hydrographic services in uniform, easily
accessible formats;
(7) participate in the development of, and implement
for the United States in cooperation with other
appropriate Federal agencies, international standards
for hydrographic data and hydrographic services; and
(8) to the greatest extent practicable and cost-
effective, fulfill the requirements of paragraphs (1)
and (6) through contracts or other agreements with
private sector entities.
(b) Authorities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of
1947, and subject to the availability of appropriations, the
Administrator--
(1) may procure, lease, evaluate, test, develop, and
operate vessels, equipment, and technologies necessary
to ensure safe navigation and maintain operational
expertise in hydrographic data acquisition and
hydrographic services;
(2) may enter into contracts and other agreements
with qualified entities, consistent with subsection
(a)(8), for the acquisition of hydrographic data and
the provision of hydrographic services;
(3) shall award contracts for the acquisition of
hydrographic data in accordance with title IX of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 541 et seq.); and
(4) shall, subject to the availability of
appropriations, design, install, maintain, and operate
real-time hydrographic monitoring systems to enhance
navigation safety and efficiency.
(c) Conservation and Management of Coastal and Ocean
Resources.--Where appropriate and to the extent that it does
not detract from the promotion of safe and efficient
navigation, the Secretary may use hydrographic data and
services to support the conservation and management of coastal
and ocean resources.
(d) Authority To Accept Volunteer Services.--To help fulfill
the duties of the Administrator, including authorities under
the Act of 1947, this Act, or in response to a maritime
emergency, the Administrator may--
(1) establish a volunteer program;
(2) enter into special agreements with qualified
organizations to assist in the implementation of a
volunteer program; and
(3) provide funding under the special agreement to
the qualified organization for the purposes of
assisting in the administration of the volunteer
programs and for procuring and maintaining insurance or
other coverage for the organization and its members
when conducting volunteer activities.
(e) Legal Status of Volunteers.--Paragraphs (1) through (5)
of section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f(c)) shall apply to volunteers providing services to the
Administrator under subsection (c) of this section, except that
any reference in that section to the Secretary of the Interior
or the Secretary of Commerce shall be deemed to refer to the
Administrator.
(f) Qualified Organization.--In this section, the term
``qualified organization'' means a non-governmental, not-for-
profit organization, determined by the Administrator to have
demonstrated expertise in boating safety and a commitment to
improving the quality of hydrographic services and related
oceanographic and meteorological information that is made
available to mariners.
* * * * * * *
SEC. 215. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2005.
[33 U.S.C. 3005]
There are authorized to be on the lineal list of the
commissioned corps of the National Oceanic and Atmospheric
Administration--
(1) 270 officers for fiscal year 2003;
(2) [285] 375 officers for fiscal year 2004; and
(3) [299] 375 officers for fiscal year 2005.