[House Report 107-759]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-759
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACT
_______
October 16, 2002.--Ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4966]
The Committee on Resources, to whom was referred the bill
(H.R. 4966) to improve the conservation and management of
coastal and ocean resources by reenacting and clarifying
provisions of a reorganization plan authorizing the National
Oceanic and Atmospheric Administration, 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 all after the enacting clause and insert the
following:
SECTION 1. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--Public Law 102-567 (106 Stat. 4270 et seq.) is
amended by striking the matter preceding title I and inserting the
following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Oceanic and Atmospheric
Administration Act'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Act of 1890.--The term `Act of 1890' means the Act
entitled `An Act to increase the efficiency and reduce the
expenses of the Signal Corps of the Army, and to transfer the
Weather Bureau to the Department of Agriculture', approved
October 1, 1890 (26 Stat. 653).
``(2) Act of 1947.--The term `Act of 1947' means the Act
entitled `An Act to define the functions and duties of the
Coast and Geodetic Survey, and for other purposes', approved
August 6, 1947 (33 U.S.C. 883a et seq.).
``(3) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(4) Function.--The term `function' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
``(5) Office.--The term `office' includes any office,
institute, council, unit, organizational entity, or component
thereof.
``(6) Secretary.--The term `Secretary' means the Secretary of
Commerce.
``(7) Under secretary.--The term `Under Secretary' means the
Under Secretary of Commerce for Oceans and Atmosphere appointed
under section 102.
``SEC. 3. ORGANIZATION OF ADMINISTRATION.
``(a) In General.--There shall be in the Department of Commerce an
agency known as the National Oceanic and Atmospheric Administration.
``(b) Primary Missions.--The primary missions of the Administration
are the following:
``(1) The provision and certification of hydrographic and
geodetic products and data.
``(2) The conservation and management of the Nation's coastal
and marine resources.
``(3) The exploration of the oceans and the Great Lakes.
``(4) To further human understanding of--
``(A) the oceans and the Great Lakes;
``(B) the earth's atmosphere; and
``(C) the functional relationship of the oceans and
the atmosphere.
``(5) Forecasting the Nation's weather and climate.
``(c) Components.--The Secretary shall maintain within the
Administration the following components:
``(1) The National Coastal and Ocean Service.
``(2) The National Oceanic and Atmospheric Research Service.
``(3) The National Marine Fisheries Service.
``(4) The National Weather Service.
``(5) The National Environmental Satellite and Data
Information Service.
``(6) The Office of Marine and Aviation Operations.
``(7) Such other components as the Secretary considers
necessary.
``(d) Functions.--The Administration shall perform such functions as
were vested in the Administration or any officer, employee, or office
of the Administration immediately before the enactment of this Act,
except as may be provided otherwise by law or by a redelegation of
authority after that date by the President, the Secretary of Commerce,
or any other officer of the United States who delegated such function
to the Administration before that date or who is otherwise authorized
to make such a redelegation.
``SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.
``(a) In General.--There shall be at the head of the Administration
the Under Secretary of Commerce for Oceans and Atmosphere. The Under
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall be paid at the
rate of basic pay for level III of the Executive Schedule.
``(b) Functions.--Subject to the authority, direction, and control of
the Secretary, the Under Secretary shall perform such functions and
exercise such powers with respect to the Administration as the
Secretary may prescribe, including the following:
``(1) Serve as the Administrator of the National Oceanic and
Atmospheric Administration.
``(2) General management.
``(3) Policy development and guidance.
``(4) Budget formulation, guidance, and execution, and other
financial matters.
``(5) Resource requirements determination and allocation.
``(6) Program management and direction.
``(7) Environment, safety, and health operations.
``(8) Administration of contracts, real property, and
facilities.
``(9) Personnel, including the selection, appointment,
distribution, supervision, establishing of compensation, and
separation of personnel.
``(10) Procurement of services of experts and consultants in
accordance with section 3109 of title 5, United States Code.
``(11) External affairs, including legal, legislative, and
public affairs, and serving as liaison with other elements of
the Department of Commerce and with other Federal agencies,
State, tribal, and local governments, and the public.
``SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.
``(a) In General.--There shall be in the Administration an Assistant
Secretary of Commerce for Oceans and Atmosphere. The Assistant
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Assistant Secretary shall be paid at the
rate of basic pay for level IV of the Executive Schedule.
``(b) Functions.--The Assistant Secretary--
``(1) shall perform such functions and exercise such powers
as the Secretary or Under Secretary may prescribe; and
``(2) shall act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a vacancy
in the office of Under Secretary.
``SEC. 6. DEPUTY UNDER SECRETARY.
``(a) In General.--There shall be in the Administration a Deputy
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary
shall be appointed by the Secretary. The Deputy Under Secretary shall
be paid at the rate of basic pay for level IV of the Executive
Schedule.
``(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the Deputy Under Secretary--
``(1) shall serve as an advisor to the Under Secretary and to
the Assistant Secretary on all program and policy issues;
``(2) shall be responsible for ensuring the timely and
effective implementation of the Administration policies and
objectives; and
``(3) in the absence or disability of the Under Secretary or
Assistant Secretary, or in the event of a vacancy in either
such position, the Deputy Under Secretary shall act in that
position.
``SEC. 7. GENERAL COUNSEL.
``(a) In General.--There shall be in the Administration a General
Counsel. The General Counsel shall be appointed by the Secretary,
subject to approval of the President. The General Counsel shall be paid
at the rate of basic pay for level V of the Executive Schedule.
``(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the General Counsel--
``(1) shall serve as the chief legal officer of the
Administration for all legal matters that arise in connection
with the conduct of the functions of the Administration; and
``(2) shall perform such other functions and exercise such
powers as the Secretary or Under Secretary may prescribe.
``SEC. 8. ASSISTANT ADMINISTRATORS.
``(a) In General.--There shall be in the Administration the
following:
``(1) An Assistant Administrator for Coastal and Ocean
Services.
``(2) An Assistant Administrator for Oceanic and Atmospheric
Research.
``(3) An Assistant Administrator for Fisheries.
``(4) An Assistant Administrator for Weather.
``(5) An Assistant Administrator for Environmental Satellite
Data and Information.
``(6) A Director of Marine and Aviation Operations and the
Commissioned Officer Corps.
``(b) Appointment.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be appointed by the Secretary. Each
Assistant Administrator shall be paid at the rate of basic pay for
level V of the Executive Schedule.
``(c) Qualifications.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be an individual who is qualified
by reason of background and experience to direct the implementation and
administration of the functions for which they are responsible.
``(d) Functions.--Each Assistant Administrator and the Director
referred to in subsection (a), under the authority, direction, and
control of the Under Secretary, shall perform such functions and
exercise such powers as the Under Secretary may prescribe.
``SEC. 9. CONTINUATION OF SERVICE.
``Any individual serving on the date of the enactment of this Act in
a position provided for in this Act may continue to serve in that
position until a successor is appointed under this Act.''.
(b) Conforming Amendments and Repeals.--
(1) Pay rate of deputy under secretary.--Section 5315 of
title 5, United States Code, is amended by adding at the end
the following:
``Deputy Under Secretary of Commerce for Oceans and
Atmosphere.''.
(2) Reorganization plan number 4 of 1970.--
(A) Repeal.--Reorganization Plan Number 4 of 1970 (5
App. U.S.C.) is repealed.
(B) Relationship to administration functions.--
Subparagraph (A) shall not affect the functions of the
Administration under section 3(d) of Public Law 102-
567, as amended by this section.
SEC. 2. NOAA OCEAN AND COASTAL PROGRAMS.
(a) Coastal Ocean Program.--Section 201 of Public Law 102-567 (106
Stat. 4280) is amended by--
(1) striking the matter preceding ``Such program shall
augment'' and inserting the following:
``SEC. 201. COASTAL OCEAN PROGRAM.
``(a) In General.--There shall be in the Administration a coastal
ocean program.
``(b) Program Elements.--'';
(2) striking ``to promote the development of ocean
technology''; and
(3) striking subsections (d), (e) and (f).
(b) Great Lakes Environmental Research Laboratory.--
(1) In general.--Section 202 of Public Law 102-567 (106 Stat.
4281) is amended to read as follows:
``SEC. 202. RESEARCH LABORATORIES.
``There shall be in the Administration a Great Lakes Environmental
Research Laboratory, a Pacific Marine Environmental Laboratory, and an
Atlantic Oceanographic and Meteorological Laboratory. These
laboratories shall support the Administration in carrying out its
primary missions specified in section 3(b). The Great Lakes
Environmental Laboratory may support, in partnership with the
University of Michigan, a Cooperative Institute for Limnology and
Ecosystems Research.''.
(c) National Undersea Research Program.--Section 203 of Public Law
102-567 (106 Stat. 4281) is amended to read as follows:
``SEC. 203. NATIONAL UNDERSEA RESEARCH PROGRAM.
``(a) In General.--There shall be in the Administration a national
undersea research program.
``(b) Purpose.--The purpose of the program is to increase scientific
knowledge by--
``(1) conducting undersea research related to the
Administration's coastal and ocean resource management
missions; and
``(2) maintaining operational assets and expertise, and
developing technology necessary to support undersea research.
``(c) Director.--The Secretary shall appoint as the Director of the
National Undersea Research Program a qualified individual who has
appropriate administrative experience and knowledge or expertise in
fields related to undersea research.
``(d) Program.--The program shall be conducted through a national
headquarters and a network of regional undersea research centers.
``(e) Competitiveness.--All research, education, and technology
activities under the program shall be managed using an open and
competitive process to evaluate scientific merit, relevance to the
Administration's coastal and ocean resource management missions, and
technical feasibility.''.
(d) Ocean Exploration, Coastal Ocean Observing and Authorization of
Appropriations.--Title II of Public Law 102-567 (106 Stat. 4280 et
seq.) is amended by adding at the end the following:
``SEC. 206. OCEAN EXPLORATION PROGRAM.
``(a) In General.--There shall be in the Administration an ocean
exploration program.
``(b) Purposes.--The purposes of the program are the following:
``(1) To improve our understanding of the physical,
biological, chemical, geological, archaeological, temporal, and
other related characteristics of the ocean.
``(2) To maximize efficiency by integrating the multiple
scientific disciplines and by employing the diverse resources
of the ocean science community.
``(3) To create missions and scientific activities of
discovery and exploration for the purpose of discovering and
documenting knowledge regarding the ocean.
``(4) To promote the development and application of new
technologies for the exploration of the ocean.
``(5) To achieve a heightened scientific literacy and public
appreciation of the oceans.
``(6) To facilitate ocean data and information availability
in a timely and consistent manner.
``(c) Authorities.--In carrying out the program under this section
the Secretary may perform the following:
``(1) Conduct interdisciplinary exploration voyages or other
activities in conjunction with other Federal agencies or
academic or educational institutions, to survey little known
areas of the marine environment, and inventory, monitor, and
assess living and nonliving marine resources.
``(2) Enhance the domestic technical capability of the marine
science community by promoting the development of improved
oceanographic research, communication, navigation, and data
management and dissemination platforms, equipment, instruments,
and techniques.
``(3) In conjunction with the National Sea Grant College
Program, conduct public education and outreach activities that
improve the public understanding of ocean science, resources,
and processes.
``(4) Accept donations of property, data, and equipment to be
applied for the purpose of exploring the oceans or increasing
knowledge of the oceans.
``SEC. 207. COASTAL OCEAN OBSERVING SYSTEM.
``(a) Definition.--In this section, the term `coastal ocean observing
system' means a system of marine sensors and other devices, personnel,
and products, that--
``(1) collects remotely sensed and in situ observations in
the coastal waters of a given region or subregion in a routine
manner, including continuous observations;
``(2) transmits the data to users including, as appropriate,
in real time or near real time;
``(3) produces forecasts and other appropriate products
representing ocean conditions for users; and
``(4) manages the collected data to best practices for
archiving and future use.
``(b) Designation of Units.--Before designating a regional coastal
ocean observing system as a unit of the national coastal ocean
observing system under subsection (c), the Secretary shall--
``(1) establish, in consultation with the National Ocean
Research Leadership Council, standards and protocols for the
collection and distribution of data by regional coastal ocean
observing systems;
``(2) establish management, quality control, and assessment
systems for data collected and distributed by regional coastal
ocean observing systems; and
``(3) determine that the regional coastal ocean observing
system has adequate technical expertise to collect and
distribute data in accordance with standards and protocols
established under paragraph (1).
``(c) Data Collection.--The Secretary may designate units of and
coordinate a coastal ocean observing system to collect data necessary
to carry out the primary missions of the Administration.
``(d) Data Use.--The Secretary shall, in conjunction with Federal,
State, and local agencies and academic institutions, use data collected
under subsection (b) to develop forecast models to support coastal and
fishery management, safe and efficient marine navigation, weather and
climate prediction, and other appropriate activities.
``(e) Assistance.--
``(1) In general.--The Secretary may enter into contracts or
cooperative agreements or make grants to units designated under
subsection (c) to carry out coastal ocean observing activities.
``(2) Cost share.--The Federal share of any assistance
provided under paragraph (1) may not exceed 50 percent of the
costs of those activities.
``SEC. 208. SCIENCE ADVISORY BOARD.
``(a) In General.--There shall be in the Administration a Science
Advisory Board, which shall report to the Under Secretary.
``(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Under Secretary on long-range and short-range strategies for
research, education, and application of science to resource management
and environmental assessment and prediction.
``(c) Members; Chairperson.--
``(1) Members.--(A) The Science Advisory Board shall consist
of members appointed by the Under Secretary to assure a
balanced representation among preeminent scientists, engineers,
educators, industry, and science policy experts reflecting the
full breadth of the Administration's areas of responsibility.
``(B) The Under Secretary shall develop and apply standard
criteria for the selection of members of the Science Advisory
Board. -
``(C)(i) Members of the Science Advisory Board shall be
appointed for a 3-year term, may be reappointed once, and shall
serve at the discretion of the Under Secretary.
``(ii) An individual serving a term as a member of the
Science Advisory Board on the date of enactment of this section
may complete that term, and may be reappointed once for another
term of 3 years.
``(D) A member of the Science Advisory Board shall not be
compensated for service on such board, but upon request by the
member may be allowed travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter
57 of title 5, United States Code.
``(E) Members of the Science Advisory Board shall be subject
to the ethical standards applicable to special Government
employees.
``(d) Chairperson.--The Under Secretary shall designate one of the
members of the Science Advisory Board as the Chairperson of such board.
``(e) Meetings; Administrative Support.--
``(1) Meetings.--The Science Advisory Board shall meet at
least twice each year, and at other times at the call of the
Under Secretary or the Chairperson.
``(2) Administrative support.--The Under Secretary shall
provide administrative support to the Science Advisory Board.
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``For operations, research, and facilities of the Administration
relating to ocean, coastal, and Great Lakes research, there are
authorized to be appropriated to the Secretary the following:
``(1) For ARGO floats, $9,000,000 for each of fiscal years
2003 through 2007.
``(2) For ocean and coastal research activities of
laboratories and joint institutes, other than activities
related to the Great Lakes Environmental Research Laboratory,
$12,000,000 for each of fiscal years 2003 through 2007, of
which up to $3,000,000 may be expended each fiscal year for
VENTS.
``(3) For activities related to the Great Lakes Environmental
Research Laboratory and associated cooperative institutes,
$10,000,000 for each of fiscal years 2003 through 2007.
``(4) For activities related to the coastal ocean program,
$35,000,000 for each fiscal year 2003 through 2007.
``(5) For activities related to the national undersea
research program--
``(A) $20,000,000 for fiscal year 2003;
``(B) $21,000,000 for fiscal year 2004;
``(C) $22,000,000 for fiscal year 2005;
``(D) $23,000,000 for fiscal year 2006; and
``(E) $24,000,000 for fiscal year 2007.
``(6) For activities related to the ocean exploration
program, $25,000,000 for each of fiscal years 2003 through
2007.
``(7) For tsunami hazard mitigation activities, $3,500,000
for each of fiscal years 2003 through 2007.
``(8) For Arctic research partnership programs, $4,000,000
for each fiscal year 2003 through 2007, of which up to
$2,000,000 may used for the Study of Environmental Arctic
Change.
``(9) For activities related to coastal environmental health
and biomolecular research, $11,000,000 for each of fiscal years
2003 through 2007.
``(10) For coastal ocean observing activities--
``(A) $15,000,000 for fiscal year 2003;
``(B) $17,500,000 for fiscal year 2004;
``(C) $20,000,000 for fiscal year 2005;
``(D) $22,500,000 for fiscal year 2006; and
``(E) $25,000,000 for fiscal year 2007.
``(11) For the operation of the Science Advisory Board,
$500,000 for each of fiscal years 2003 through 2007.''.
(e) Ocean Exploration Report.--Not later than 180 days after the date
of enactment of this Act, the National Ocean Research Leadership
Council (established by section 7902 of title 10, United States Code)
shall provide to the Committee on Resources, the Committee on Science,
and the Committee on Armed Services of the House of Representatives,
and to the Committee on Commerce, Science, and Transportation and the
Committee on Armed Services of the Senate, a plan for implementing the
report of the President's Panel on Ocean Exploration transmitted on
October 10, 2000, including a recommendation for a dedicated multiyear,
multidisciplinary voyage of discovery.
SEC. 3. PROGRAM SUPPORT; NOTICE OF REPROGRAMMING.
(a) Corporate and Marine Services.--Subsections (a) and (b) of
section 401 of Public Law 102-567 (106 Stat. 4290) are amended to read
as follows:
``(a) Corporate Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to provide corporate services (including
management, administrative support, and policy development) that
support its program activities, $80,000,000 for each fiscal year 2003
through fiscal year 2007.
``(b) Marine Operations and Maintenance.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out marine services
activities (including ship operations, maintenance, support and
planning) under the Act of 1947 and any other law involving those
activities, $90,000,000 for each of fiscal years 2003 through 2007.''.
(b) Facilities.--Section 401 of Public Law 102-567 (106 Stat. 4290)
is amended by adding at the end the following:
``(d) Facilities.--In addition to amounts authorized under section 3
of Public Law 104-91, There are authorized to the Secretary of Commerce
to enable the National Oceanic and Atmospheric Administration to carry
out activities related to maintenance, repair, safety, environmental
compliance, and project planning and execution of facilities
$20,000,000 for each fiscal year 2003 through 2007.''.
(c) Notice of Reprogramming.--Section 403 of Public Law 102-567 (106
Stat. 4291) is amended by striking ``$250,000 or 5'' and inserting
``$500,000 or 10''.
Purpose of the Bill
The purposes of H.R. 4966 as ordered reported are to
improve the conservation and management of coastal and ocean
resources by reenacting and clarifying provisions of a
reorganization plan authorizing the National Oceanic and
Atmospheric Administration.
Background and Need for Legislation
The Resources and Engineering Development Act of 1966
(Public Law 89-454) created the Commission on Marine Science,
Engineering and Resources, which is commonly referred to as the
``Stratton Commission'' after its Chairman, Julius A. Stratton.
This commission was charged with reviewing and assessing
existing and planned U.S. marine science activities and
recommending a national oceanographic program and governmental
organization plan. Based on the cumulative recommendations of
the Stratton Commission's final report entitled ``Our Nation
and the Sea: A Plan for National Action'', the Nixon
Administration's Advisory Council on Executive Organization and
Congressional input, President Richard Nixon signed
Reorganization Plan #4 on July 9, 1970. This action established
the National Oceanic and Atmospheric Administration (NOAA)
within the Department of Commerce. This new agency combined the
Environmental Science Services Administration (consisting of
the U.S. Weather Bureau and the Coast and Geodetic Survey), the
Bureau of Commercial Fisheries, the Marine Sport Fishery
Program, the National Sea Grant Program, the U.S. Lake Survey,
National Data Buoy Project, the National Oceanographic Data
Center, the National Oceanographic Instrumentation Center, and
the Marine Minerals Technology Center.
Since the 1970 reorganization, NOAA's responsibilities have
increased significantly as a result of new legislation and
Congressional mandates, including the Magnuson Fishery
Conservation and Management Act, the Endangered Species Act,
the Marine Mammal Protection Act, and the Coastal Zone
Management Act. Many of NOAA's programs, such as the National
Sea Grant Program, are authorized under specific statutes,
while others have no existing, free-standing authorizations.
Congress enacted a comprehensive authorization bill in 1992 at
the end of the 102nd Congress to cover the otherwise
unauthorized programs. Those authorizations expired on
September 30, 1993. Since 1970, the Reorganization Plan has
failed to keep up with changes within NOAA. This legislation,
H.R. 4966, replaces Reorganization Plan #4 with an updated
statutory authorization for NOAA, and authorizes several NOAA
oceanographic research programs.
During the 107th Congress, the Resources Committee has
worked hard to reauthorize a number of NOAA-specific statutes
such as the Sea Grant College Program Act and the Hydrographic
Services Improvement Act under its jurisdiction, but many NOAA
activities remain unauthorized. H.R. 4966 provides the
authorization for programs with expired authorizations of
appropriations (including the Coastal Ocean Program) and non-
existent authorizations (including the National Undersea
Research Program and the Ocean Exploration Program). The bill
also establishes the authorizations for new activities
including the Science Advisory Board and Coastal Ocean
Observing System. Importantly, this bill authorizes the Coastal
Ocean Observing System as a collaboration of regional systems
to be managed within NOAA. Hearings during the past four
Congresses have called for the institution of a national system
for coastal ocean observing. This bill provides a statutory
framework and authorization of appropriations for such a
system. It is expected that this limited authority and funding
structure would continue to develop along with the system's
infrastructure and regional inclusion.
Committee Action
H.R. 4966 was introduced by Congressman Wayne T. Gilchrest
(R-MD) on June 19, 2002. The bill was referred primarily to the
Committee on Resources and additionally to the Committee on
Science. Within the Committee on Resources, the bill was
referred to the Subcommittee on Fisheries Conservation,
Wildlife, and Oceans. On September 12, 2002, the Full Resources
Committee met to consider the bill. The Subcommittee was
discharged from further consideration of the bill by unanimous
consent. Congressman Gilchrest offered an amendment in the
nature of a substitute that added several authorizations for
NOAA's oceanographic research programs. It was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Section-by-Section Analysis
Section 1. National Oceanic and Atmospheric Administration
Section 1 of this bill amends the material preceding Title
I of the 1992 National Oceanic and Atmospheric Administration
Authorization Act (Public Law 102-567) to update the short
title, the definitions, and to replace Reorganization Plan #4.
This section also adds several new sections to the Act: Section
3 establishes the primary missions of NOAA and the line office
structure; and Sections 4 through 8 authorize the position of
the Under Secretary, the Assistant Secretary, the Deputy Under
Secretary, the General Counsel and the Assistant
Administrators, respectively. Section 9 assures that current
appointees continue to serve in the listed jobs, and makes
conforming amendments.
Section 2. NOAA ocean and coastal programs
Section 2 of the bill amends sections of Title II of the
Act, and adds several new sections at the end of that title.
Section 201 of the Act is amended by striking ``the development
of ocean technology'' as a goal of the Coastal Ocean Program.
Section 202 is updated to include authorization for NOAA's
coastal and ocean-related laboratories, including the Great
Lakes Environmental Laboratory, the Pacific Marine
Environmental Laboratory, and the Atlantic Oceanographic and
Meteorological Laboratory. Section 203 replaces outdated
authorizations of appropriations with an authorization for the
National Undersea Research Program. Sections 206 through 209
are new sections of the Act; these authorize the Ocean
Exploration Program, a Coastal Ocean Observing System, a
Science Advisory Board, and appropriations for operations,
research, and facilities relating to ocean, coastal and Great
Lakes research. The Ocean Exploration and National Undersea
Research Programs, the Science Advisory Board, and theCoastal
Ocean Observing System already exist in NOAA but have no specific
statutory authorization.
Section 3. Program support; notice of reprogramming
Section 3 amends Title IV of the Act. Here, the ``Corporate
Services'', ``Marine Operations and Maintenance'' and ``Notice
of Reprogramming'' sections are modified to reflect current
practices. A ``Facilities'' section is also added that
authorizes appropriations for maintenance, repair, and
associated activities.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in this bill could not be performed by one or more agencies, or
by enlarging the mandate of an existing advisory committee.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. The bill authorizes a total
appropriation of $1.71 billion over five years.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to improve the conservation and
management of coastal and ocean resources by reenacting and
clarifying provisions of a reorganization plan authorizing the
National Oceanic and Atmospheric Administration.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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 italic, existing law in which no change is
proposed is shown in roman):
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF
1992
(Public Law 102-567)
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``National Oceanic and
Atmospheric Administration Authorization Act of 1992''.
[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); and
[(2) ``Act of 1947'' means the Act entitled ``An Act
to define the functions and duties of the Coast and
Geodetic Survey, and for other purposes'', approved
August 6, 1947 (33 U.S.C. 883a et seq.).]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanic and
Atmospheric Administration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Act of 1890.--The term ``Act of 1890'' means the
Act entitled ``An Act to increase the efficiency and
reduce the expenses of the Signal Corps of the Army,
and to transfer the Weather Bureau to the Department of
Agriculture'', approved October 1, 1890 (26 Stat. 653).
(2) Act of 1947.--The term ``Act of 1947'' means the
Act entitled ``An Act to define the functions and
duties of the Coast and Geodetic Survey, and for other
purposes'', approved August 6, 1947 (33 U.S.C. 883a et
seq.).
(3) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
(4) Function.--The term ``function'' includes any
duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
(5) Office.--The term ``office'' includes any office,
institute, council, unit, organizational entity, or
component thereof.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
(7) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Oceans and
Atmosphere appointed under section 102.
SEC. 3. ORGANIZATION OF ADMINISTRATION.
(a) In General.--There shall be in the Department of Commerce
an agency known as the National Oceanic and Atmospheric
Administration.
(b) Primary Missions.--The primary missions of the
Administration are the following:
(1) The provision and certification of hydrographic
and geodetic products and data.
(2) The conservation and management of the Nation's
coastal and marine resources.
(3) The exploration of the oceans and the Great
Lakes.
(4) To further human understanding of--
(A) the oceans and the Great Lakes;
(B) the earth's atmosphere; and
(C) the functional relationship of the oceans
and the atmosphere.
(5) Forecasting the Nation's weather and climate.
(c) Components.--The Secretary shall maintain within the
Administration the following components:
(1) The National Coastal and Ocean Service.
(2) The National Oceanic and Atmospheric Research
Service.
(3) The National Marine Fisheries Service.
(4) The National Weather Service.
(5) The National Environmental Satellite and Data
Information Service.
(6) The Office of Marine and Aviation Operations.
(7) Such other components as the Secretary considers
necessary.
(d) Functions.--The Administration shall perform such
functions as were vested in the Administration or any officer,
employee, or office of the Administration immediately before
the enactment of this Act, except as may be provided otherwise
by law or by a redelegation of authority after that date by the
President, the Secretary of Commerce, or any other officer of
the United States who delegated such function to the
Administration before that date or who is otherwise authorized
to make such a redelegation.
SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be at the head of the
Administration the Under Secretary of Commerce for Oceans and
Atmosphere. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the Senate.
The Under Secretary shall be paid at the rate of basic pay for
level III of the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and
control of the Secretary, the Under Secretary shall perform
such functions and exercise such powers with respect to the
Administration as the Secretary may prescribe, including the
following:
(1) Serve as the Administrator of the National
Oceanic and Atmospheric Administration.
(2) General management.
(3) Policy development and guidance.
(4) Budget formulation, guidance, and execution, and
other financial matters.
(5) Resource requirements determination and
allocation.
(6) Program management and direction.
(7) Environment, safety, and health operations.
(8) Administration of contracts, real property, and
facilities.
(9) Personnel, including the selection, appointment,
distribution, supervision, establishing of
compensation, and separation of personnel.
(10) Procurement of services of experts and
consultants in accordance with section 3109 of title 5,
United States Code.
(11) External affairs, including legal, legislative,
and public affairs, and serving as liaison with other
elements of the Department of Commerce and with other
Federal agencies, State, tribal, and local governments,
and the public.
SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be in the Administration an
Assistant Secretary of Commerce for Oceans and Atmosphere. The
Assistant Secretary shall be appointed by the President, by and
with the advice and consent of the Senate. The Assistant
Secretary shall be paid at the rate of basic pay for level IV
of the Executive Schedule.
(b) Functions.--The Assistant Secretary--
(1) shall perform such functions and exercise such
powers as the Secretary or Under Secretary may
prescribe; and
(2) shall act as Under Secretary during the absence
or disability of the Under Secretary or in the event of
a vacancy in the office of Under Secretary.
SEC. 6. DEPUTY UNDER SECRETARY.
(a) In General.--There shall be in the Administration a
Deputy Under Secretary for Oceans and Atmosphere. The Deputy
Under Secretary shall be appointed by the Secretary. The Deputy
Under Secretary shall be paid at the rate of basic pay for
level IV of the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and
control of the Secretary and the Under Secretary, the Deputy
Under Secretary--
(1) shall serve as an advisor to the Under Secretary
and to the Assistant Secretary on all program and
policy issues;
(2) shall be responsible for ensuring the timely and
effective implementation of the Administration policies
and objectives; and
(3) in the absence or disability of the Under
Secretary or Assistant Secretary, or in the event of a
vacancy in either such position, the Deputy Under
Secretary shall act in that position.
SEC. 7. GENERAL COUNSEL.
(a) In General.--There shall be in the Administration a
General Counsel. The General Counsel shall be appointed by the
Secretary, subject to approval of the President. The General
Counsel shall be paid at the rate of basic pay for level V of
the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and
control of the Secretary and the Under Secretary, the General
Counsel--
(1) shall serve as the chief legal officer of the
Administration for all legal matters that arise in
connection with the conduct of the functions of the
Administration; and
(2) shall perform such other functions and exercise
such powers as the Secretary or Under Secretary may
prescribe.
SEC. 8. ASSISTANT ADMINISTRATORS.
(a) In General.--There shall be in the Administration the
following:
(1) An Assistant Administrator for Coastal and Ocean
Services.
(2) An Assistant Administrator for Oceanic and
Atmospheric Research.
(3) An Assistant Administrator for Fisheries.
(4) An Assistant Administrator for Weather.
(5) An Assistant Administrator for Environmental
Satellite Data and Information.
(6) A Director of Marine and Aviation Operations and
the Commissioned Officer Corps.
(b) Appointment.--Each Assistant Administrator and the
Director referred to in subsection (a) shall be appointed by
the Secretary. Each Assistant Administrator shall be paid at
the rate of basic pay for level V of the Executive Schedule.
(c) Qualifications.--Each Assistant Administrator and the
Director referred to in subsection (a) shall be an individual
who is qualified by reason of background and experience to
direct the implementation and administration of the functions
for which they are responsible.
(d) Functions.--Each Assistant Administrator and the Director
referred to in subsection (a), under the authority, direction,
and control of the Under Secretary, shall perform such
functions and exercise such powers as the Under Secretary may
prescribe.
SEC. 9. CONTINUATION OF SERVICE.
Any individual serving on the date of the enactment of this
Act in a position provided for in this Act may continue to
serve in that position until a successor is appointed under
this Act.
* * * * * * *
TITLE II--NOAA OCEAN AND COASTAL PROGRAMS
[SEC. 201. NATIONAL OCEAN SERVICE.
[(a) Mapping, Charting, and Geodesy.--There are authorized to
be appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
mapping, charting, and geodesy activities (including geodetic
data collection and analysis) under the Act of 1947 and any
other law involving those activities, $50,917,000 for fiscal
year 1992 and $51,087,000 for fiscal year 1993.
[(b) Observation and Assessment.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
observation and assessment activities--
[(1) under the Act of 1947 and any other law
involving those activities, $57,273,000 for fiscal year
1992 and $57,273,000 for fiscal year 1993; and
[(2) under title II of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1441
et seq.), $11,000,000 for fiscal year 1992 and
$11,000,000 for fiscal year 1993.
[(c) Coastal Ocean Program.--Of the sums authorized under
subsection (b)(1), $17,352,000 for each of the fiscal years
1992 and 1993 are authorized to be appropriated for the
purposes of conducting a Coastal Ocean Program.]
SEC. 201. COASTAL OCEAN PROGRAM.
(a) In General.--There shall be in the Administration a
coastal ocean program.
(b) Program Elements.--Such program shall augment and
integrate existing programs of the National Oceanic and
Atmospheric Administration and shall include efforts to improve
predictions of fish stocks, to better conserve and manage
living marine resources, to improve predictions of coastal
ocean pollution to help correct and prevent degradation of the
ocean environment, [to promote development of ocean technology]
to support the effort of science to understand and characterize
the role oceans play in global climate and environmental
analysis, and to improve predictions of coastal hazards to
protect human life and personal property.
[(d) Long Island Sound Circulation Model.--No moneys
appropriated pursuant to the authorizations in this Act shall
be used to conduct analyses of samples collected under the
National Status and Trends Program until the Policy Committee
of the Long Island Sound Study certifies that the National
Oceanic and Atmospheric Administration has completed the water
circulation model for Long Island Sound.
[(e) Circulation Model Funding.--Of the sums authorized under
subsection (b) for fiscal year 1992, $600,000 is available for
completion of the water circulation model for Long Island Sound
and $400,000 is available for National Status and Trends
Program stations in Long Island Sound.
[(f) Ocean Management.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
ocean management activities, $1,678,000 for fiscal year 1992
and $1,823,000 for fiscal year 1993.
[SEC. 202. OCEAN AND GREAT LAKES RESEARCH.
[(a) Ocean and Great Lakes Research Authorization.--There are
authorized to be appropriated to the Secretary of Commerce, to
enable the National Oceanic and Atmospheric Administration to
carry out ocean and Great Lakes research activities under the
Act of 1947, the Act of 1890, and any other law involving those
activities, $32,171,000 for fiscal year 1992 and $39,800,000
for fiscal year 1993.
[(b) Cooperative Institute for Limnology and Ecosystems
Research.--In addition to amounts authorized under subsection
(a), there are authorized to be appropriated to the Office of
Oceanic and Atmospheric Research of the National Oceanic and
Atmospheric Administration $250,000 for fiscal year 1992 and
$260,000 for fiscal year 1993, for use by the Cooperative
Institute for Limnology and Ecosystems Research (established in
partnership with the State of Michigan and the Great Lakes
Environmental Research Laboratory) for--
[(1) research conducted by the Institute;
[(2) development of the Institute; and
[(3) for preparation of a five-year plan for research
and development.
[(c) Large Lakes Research.--(1) In addition to amounts
authorized under subsections (a) and (b), there are authorized
to be appropriated to the Secretary of Commerce for use by the
Office of Oceanic and Atmospheric Research $2,000,000 for
fiscal year 1992 and $2,080,000 for fiscal year 1993 for use
for preparing a plan for large lakes research.
[(2) Amounts appropriated under this subsection may be used
for--
[(A) preparation of a 5-year plan designating large
lake study sites, research activities, and anticipated
research products; and
[(B) collection of physical, chemical, and biological
data required for preparing that plan.
[(3) Activities conducted with amounts appropriated under
this subsection shall be coordinated through the Great Lakes
Environmental Research Laboratory, working in association with
the Cooperative Institute for Limnology and Ecosystems Research
and the National Undersea Research Program.
[SEC. 203. AQUATIC NUISANCE PREVENTION AND CONTROL PROGRAM.
[(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce $11,000,000 for
fiscal year 1992 and $11,440,000 for fiscal year 1993 for use
in implementing the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (Public Law 101-646).
[(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Commerce shall submit a
report to the Congress on progress toward establishing a
nonindigenous aquatic nuisance prevention and control program
within the National Oceanic and Atmospheric Administration and
projected funding for such a program for the following five
fiscal years.]
SEC. 202. RESEARCH LABORATORIES.
There shall be in the Administration a Great Lakes
Environmental Research Laboratory, a Pacific Marine
Environmental Laboratory, and an Atlantic Oceanographic and
Meteorological Laboratory. These laboratories shall support the
Administration in carrying out its primary missions specified
in section 3(b). The Great Lakes Environmental Laboratory may
support, in partnership with the University of Michigan, a
Cooperative Institute for Limnology and Ecosystems Research.
SEC. 203. NATIONAL UNDERSEA RESEARCH PROGRAM.
(a) In General.--There shall be in the Administration a
national undersea research program.
(b) Purpose.--The purpose of the program is to increase
scientific knowledge by--
(1) conducting undersea research related to the
Administration's coastal and ocean resource management
missions; and
(2) maintaining operational assets and expertise, and
developing technology necessary to support undersea
research.
(c) Director.--The Secretary shall appoint as the Director of
the National Undersea Research Program a qualified individual
who has appropriate administrative experience and knowledge or
expertise in fields related to undersea research.
(d) Program.--The program shall be conducted through a
national headquarters and a network of regional undersea
research centers.
(e) Competitiveness.--All research, education, and technology
activities under the program shall be managed using an open and
competitive process to evaluate scientific merit, relevance to
the Administration's coastal and ocean resource management
missions, and technical feasibility.
* * * * * * *
SEC. 206. OCEAN EXPLORATION PROGRAM.
(a) In General.--There shall be in the Administration an
ocean exploration program.
(b) Purposes.--The purposes of the program are the following:
(1) To improve our understanding of the physical,
biological, chemical, geological, archaeological,
temporal, and other related characteristics of the
ocean.
(2) To maximize efficiency by integrating the
multiple scientific disciplines and by employing the
diverse resources of the ocean science community.
(3) To create missions and scientific activities of
discovery and exploration for the purpose of
discovering and documenting knowledge regarding the
ocean.
(4) To promote the development and application of new
technologies for the exploration of the ocean.
(5) To achieve a heightened scientific literacy and
public appreciation of the oceans.
(6) To facilitate ocean data and information
availability in a timely and consistent manner.
(c) Authorities.--In carrying out the program under this
section the Secretary may perform the following:
(1) Conduct interdisciplinary exploration voyages or
other activities in conjunction with other Federal
agencies or academic or educational institutions, to
survey little known areas of the marine environment,
and inventory, monitor, and assess living and nonliving
marine resources.
(2) Enhance the domestic technical capability of the
marine science community by promoting the development
of improved oceanographic research, communication,
navigation, and data management and dissemination
platforms, equipment, instruments, and techniques.
(3) In conjunction with the National Sea Grant
College Program, conduct public education and outreach
activities that improve the public understanding of
ocean science, resources, and processes.
(4) Accept donations of property, data, and equipment
to be applied for the purpose of exploring the oceans
or increasing knowledge of the oceans.
SEC. 207. COASTAL OCEAN OBSERVING SYSTEM.
(a) Definition.--In this section, the term ``coastal ocean
observing system'' means a system of marine sensors and other
devices, personnel, and products, that--
(1) collects remotely sensed and in situ observations
in the coastal waters of a given region or subregion in
a routine manner, including continuous observations;
(2) transmits the data to users including, as
appropriate, in real time or near real time;
(3) produces forecasts and other appropriate products
representing ocean conditions for users; and
(4) manages the collected data to best practices for
archiving and future use.
(b) Designation of Units.--Before designating a regional
coastal ocean observing system as a unit of the national
coastal ocean observing system under subsection (c), the
Secretary shall--
(1) establish, in consultation with the National
Ocean Research Leadership Council, standards and
protocols for the collection and distribution of data
by regional coastal ocean observing systems;
(2) establish management, quality control, and
assessment systems for data collected and distributed
by regional coastal ocean observing systems; and
(3) determine that the regional coastal ocean
observing system has adequate technical expertise to
collect and distribute data in accordance with
standards and protocols established under paragraph
(1).
(c) Data Collection.--The Secretary may designate units of
and coordinate a coastal ocean observing system to collect data
necessary to carry out the primary missions of the
Administration.
(d) Data Use.--The Secretary shall, in conjunction with
Federal, State, and local agencies and academic institutions,
use data collected under subsection (b) to develop forecast
models to support coastal and fishery management, safe and
efficient marine navigation, weather and climate prediction,
and other appropriate activities.
(e) Assistance.--
(1) In general.--The Secretary may enter into
contracts or cooperative agreements or make grants to
units designated under subsection (c) to carry out
coastal ocean observing activities.
(2) Cost share.--The Federal share of any assistance
provided under paragraph (1) may not exceed 50 percent
of the costs of those activities.
SEC. 208. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be in the Administration a
Science Advisory Board, which shall report to the Under
Secretary.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Under Secretary on long-range and short-range
strategies for research, education, and application of science
to resource management and environmental assessment and
prediction.
(c) Members; Chairperson.--
(1) Members.--(A) The Science Advisory Board shall
consist of members appointed by the Under Secretary to
assure a balanced representation among preeminent
scientists, engineers, educators, industry, and science
policy experts reflecting the full breadth of the
Administration's areas of responsibility.
(B) The Under Secretary shall develop and apply
standard criteria for the selection of members of the
Science Advisory Board.
(C)(i) Members of the Science Advisory Board shall be
appointed for a 3-year term, may be reappointed once,
and shall serve at the discretion of the Under
Secretary.
(ii) An individual serving a term as a member of the
Science Advisory Board on the date of enactment of this
section may complete that term, and may be reappointed
once for another term of 3 years.
(D) A member of the Science Advisory Board shall not
be compensated for service on such board, but upon
request by the member may be allowed travel expenses,
including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5,
United States Code.
(E) Members of the Science Advisory Board shall be
subject to the ethical standards applicable to special
Government employees.
(d) Chairperson.--The Under Secretary shall designate one of
the members of the Science Advisory Board as the Chairperson of
such board.
(e) Meetings; Administrative Support.--
(1) Meetings.--The Science Advisory Board shall meet
at least twice each year, and at other times at the
call of the Under Secretary or the Chairperson.
(2) Administrative support.--The Under Secretary
shall provide administrative support to the Science
Advisory Board.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
For operations, research, and facilities of the
Administration relating to ocean, coastal, and Great Lakes
research, there are authorized to be appropriated to the
Secretary the following:
(1) For ARGO floats, $9,000,000 for each of fiscal
years 2003 through 2007.
(2) For ocean and coastal research activities of
laboratories and joint institutes, other than
activities related to the Great Lakes Environmental
Research Laboratory, $12,000,000 for each of fiscal
years 2003 through 2007, of which up to $3,000,000 may
be expended each fiscal year for VENTS.
(3) For activities related to the Great Lakes
Environmental Research Laboratory and associated
cooperative institutes, $10,000,000 for each of fiscal
years 2003 through 2007.
(4) For activities related to the coastal ocean
program, $35,000,000 for each fiscal year 2003 through
2007.
(5) For activities related to the national undersea
research program--
(A) $20,000,000 for fiscal year 2003;
(B) $21,000,000 for fiscal year 2004;
(C) $22,000,000 for fiscal year 2005;
(D) $23,000,000 for fiscal year 2006; and
(E) $24,000,000 for fiscal year 2007.
(6) For activities related to the ocean exploration
program, $25,000,000 for each of fiscal years 2003
through 2007.
(7) For tsunami hazard mitigation activities,
$3,500,000 for each of fiscal years 2003 through 2007.
(8) For Arctic research partnership programs,
$4,000,000 for each fiscal year 2003 through 2007, of
which up to $2,000,000 may used for the Study of
Environmental Arctic Change.
(9) For activities related to coastal environmental
health and biomolecular research, $11,000,000 for each
of fiscal years 2003 through 2007.
(10) For coastal ocean observing activities--
(A) $15,000,000 for fiscal year 2003;
(B) $17,500,000 for fiscal year 2004;
(C) $20,000,000 for fiscal year 2005;
(D) $22,500,000 for fiscal year 2006; and
(E) $25,000,000 for fiscal year 2007.
(11) For the operation of the Science Advisory Board,
$500,000 for each of fiscal years 2003 through 2007.
* * * * * * *
TITLE IV--ADMINISTRATION AND OTHER ACCOUNTS
SEC. 401. PROGRAM SUPPORT.
[(a) Executive Direction and Administrative Activities.--
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out executive direction and
administrative activities (including management, administrative
support, provision of retired pay of National Oceanic and
Atmospheric Administration commissioned officers, and policy
development) under the Act entitled ``An Act to clarify the
status and benefits of commissioned officers of the National
Oceanic and Atmospheric Administration, and for other
purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et
seq.), and any other law involving those activities,
$68,460,000 for fiscal year 1992 and $75,750,000 for fiscal
year 1993.
[(b) Marine Services.--(1) There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
marine services activities (including ship operations,
maintenance, and support) under the Act of 1947 and any other
law involving those activities, $63,407,000 for fiscal year
1992 and $68,518,000 for fiscal year 1993.
[(2) There are authorized to be appropriated to the Secretary
of Commerce, to enable the National Oceanic and Atmospheric
Administration to acquire a multibeam sonar mapper, $1,500,000
for fiscal year 1993.
[(3) In addition to sums authorized in paragraphs (1) and
(2), there are authorized to be appropriated to the Secretary
of Commerce $1,040,000 for fiscal year 1993 for the
reactivation and operation of the research vessle ALBATROSS IV.
[(4)(A) Unless necessary for safety reasons, the Secretary of
Commerce shall not deactivate the ALBATROSS IV (if active),
until an equivalent replacement vessel is operational.
[(B) The Secretary of Commerce shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives 60 days prior to the proposed deactivation of
any other research vessel of the National Oceanic and
Atmospheric Administration, if an equivalent replacement vessel
will not become operational at the time of deactivation.
[(5) The Secretary of Commerce shall consult with the
Oceanographer of the Navy regarding appropriate cost effective
and practical measures to allow vessels of the National Oceanic
and Atmospheric Administration to be interoperable with vessels
of the Department of the Navy, including with respect to
operation, maintenance, and repair of those vessels.]
(a) Corporate Services.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to provide
corporate services (including management, administrative
support, and policy development) that support its program
activities, $80,000,000 for each fiscal year 2003 through
fiscal year 2007.
(b) Marine Operations and Maintenance.--There are authorized
to be appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
marine services activities (including ship operations,
maintenance, support and planning) under the Act of 1947 and
any other law involving those activities, $90,000,000 for each
of fiscal years 2003 through 2007.
* * * * * * *
(d) Facilities.--In addition to amounts authorized under
section 3 of Public Law 104-91, There are authorized to the
Secretary of Commerce to enable the National Oceanic and
Atmospheric Administration to carry out activities related to
maintenance, repair, safety, environmental compliance, and
project planning and execution of facilities $20,000,000 for
each fiscal year 2003 through 2007.
* * * * * * *
SEC. 403. NOTICE OF REPROGRAMMING.
(a) In General.--The Secretary of Commerce shall provide
notice to the Committee on Commerce, Science, and
Transportation and Committee on Appropriations of the Senate
and to the Committee on Merchant Marine and Fisheries,
Committee on Science, Space, and Technology, and Committee on
Appropriations of the House of Representatives, not less than
15 days before reprogramming funds available for a program,
project, or activity of the National Oceanic and Atmospheric
Administration in an amount greater than the lesser of
[$250,000 or 5] $500,000 or 10 percent of the total funding of
such program, project, or activity if the reprogramming--
(1) * * *
* * * * * * *
----------
SECTION 5315 OF TITLE 5, UNITED STATES CODE
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
* * * * * * *
Deputy Under Secretary of Commerce for Oceans and
Atmosphere.