[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.

                                
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