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[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.

                                
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