Union Calendar No. 80
105TH CONGRESS
1ST SESSION
H. R. 1278
[Report No. 105–66, Parts I and II]
A BILL
To authorize appropriations for the activities of the
National Oceanic and Atmospheric Administra-
tion for fiscal years 1998 and 1999, and for
other purposes.
JUNE 20, 1997
Reported from the Committee on Resources with an
amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be
printed
IB
Union Calendar No. 80
105TH CONGRESS
1ST SESSION
H. R. 1278
[Report No. 105–66, Parts I and II]
To authorize appropriations for the activities of the National Oceanic and
Atmospheric Administration for fiscal years 1998 and 1999, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. CALVERT introduced the following bill; which was referred to the Commit-
tee on Science, and in addition to the Committee on Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
APRIL 22, 1997
Reported from the Committee on Science with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 22, 1997
Referral to the Committee on Resources extended for a period ending not later
than June 20, 1997
JUNE 20, 1997
Additional sponsors: Mr. BROWN of California, Ms. JACKSON-LEE of Texas,
Mr. FOLEY, and Mr. EHLERS
JUNE 20, 1997
Reported from the Committee on Resources with an amendment, committed
to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on April 10, 1997]
A BILL
To authorize appropriations for the activities of the National
Oceanic and Atmospheric Administration for fiscal years
1998 and 1999, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Oceanic and Atmospheric Administration Authoriza-
tion Act of 1997’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—ATMOSPHERIC, WEATHER, AND SATELLITE PROGRAMS
Sec. 101. National Weather Service.
Sec. 102. Atmospheric research.
Sec. 103. National Environmental Satellite, Data, and Information Service.
TITLE II—MARINE RESEARCH
Sec. 201. National Ocean Service.
Sec. 202. Ocean and Great Lakes programs.
TITLE III—PROGRAM SUPPORT AND OTHER ACCOUNTS
Sec. 301. Program support.
Sec. 302. Other accounts.
TITLE IV—STREAMLINING OF OPERATIONS
Sec. 401. Programs.
Sec. 402. Limitations on appropriations.
Sec. 403. Disestablishment of the Corps of Commissioned Officers.
TITLE V—MISCELLANEOUS
Sec. 501. Weather data buoys.
Sec. 502. Duties of the National Weather Service.
Sec. 503. Marine services.
Sec. 504. National Oceanographic Partnership Program.
Sec. 505. Limitations.
Sec. 506. Notice.
Sec. 507. Sense of Congress on the Year 2000 problem.
Sec. 508. Buy American.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Act of 1890’’ means the Act entitled ‘‘An
Act to increase the efficiency and reduce the expenses
of the Signal Corps of the Army, and to transfer the
Weather Bureau to the Department of Agriculture’’,
approved October 1, 1890 (26 Stat. 653);
(2) ‘‘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’’, ap-
proved August 6, 1947 (33 U.S.C. 883a et seq.);
(3) ‘‘Act of 1970’’ means the Act entitled ‘‘An
Act to clarify the status and benefits of commissioned
officers of the National Oceanic and Atmospheric Ad-
ministration, and for other purposes’’, approved De-
cember 31, 1970 (33 U.S.C. 857–1 et seq.);
(4) ‘‘Administrator’’ means the Administrator of
the National Oceanic and Atmospheric Administra-
tion; and
(5) ‘‘Secretary’’ means the Secretary of Com-
merce.
TITLE I—ATMOSPHERIC, WEATH-
ER, 
AND 
SATELLITE 
PRO-
GRAMS
SEC. 101. NATIONAL WEATHER SERVICE.
(a) OPERATIONS AND RESEARCH.—There are author-
ized to be appropriated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out the operations and research duties of the National
Weather Service, $458,131,000 for fiscal year 1998 and
$451,074,000 for fiscal year 1999. Such duties include mete-
orological, 
hydrological, 
and 
oceanographic 
public
warnings and forecasts, as well as applied research in sup-
port of such warnings and forecasts. Of the amounts author-
ized under this subsection for each of the fiscal years 1998
and 1999, $3,600,000 shall be for the Tropical Prediction
Center/National Hurricane Center.
(b) SYSTEMS ACQUISITION.—(1) There are authorized
to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out the
public warning and forecast systems duties of the National
Weather Service, $89,713,000 for fiscal year 1998 (includ-
ing amounts as provided in subsection (c)) and $74,453,000
for fiscal year 1999. Such duties include the development,
acquisition, and implementation of major public warning
and forecast systems, including the upgrade of computer fa-
cilities. None of the funds authorized under this subsection
shall be used for the purposes for which funds are authorized
under subsection (f).
(2) Of the amounts authorized under paragraph (1),
$39,591,000 for fiscal year 1998 and $39,887,000 for fiscal
year 1999 shall be for Next Generation Weather Radar
(NEXRAD) program management, operations, and mainte-
nance.
(3) Of the amounts authorized under paragraph (1),
$11,377,000 for fiscal year 1998 and $11,224,000 for fiscal
year 1999 shall be for remaining system acquisition, pro-
gram management, support contracts, logistic support, and
continued product improvement of NEXRAD systems.
(c) NEW NEXRAD INSTALLATIONS.—Of the amount
authorized under subsection (b)(1) for fiscal year 1998,
$15,000,000 shall be for the acquisition and deployment of
NEXRAD systems—
(1) identified as necessary to prevent degrada-
tion of weather service caused by gaps in radar cov-
erage, in National Weather Service follow-up studies
to the Secretary’s Report to Congress on Adequacy of
NEXRAD Coverage and Degradation of Weather
Services Under National Weather Service Moderniza-
tion for 32 Areas of Concern, dated October 12, 1995;
and
(2) recommended and approved by the Secretary,
including program management, facilities, operations, and
maintenance through September 30, 1999.
(d) ASOS PROGRAM AUTHORIZATION.—Of the sums
authorized in subsection (b)(1), $9,835,000 for fiscal year
1998 and $9,942,000 for fiscal year 1999 are authorized
to be appropriated to the Secretary, for the acquisition and
deployment of—
(1) the Automated Surface Observing System
(ASOS) and related systems, including multisensor
and backup arrays for National Weather Service sites
at airports; and
(2) Automated Meteorological Observing System
and Remote Automated Meteorological Observing Sys-
tem replacement units;
and to cover all associated activities, including program
management and operations and maintenance.
(e) COMPUTER FACILITY UPGRADES.—Of the sums au-
thorized in subsection (b)(1), $13,910,000 for fiscal year
1998 and $13,400,000 for fiscal year 1999 are authorized
to be appropriated to the Secretary for—
(1) the continued lease and maintenance of the
Cray C–90 supercomputer; and
(2) the Upgrade of the Central Computer Facil-
ity (to provide for payment toward the Cray J-916
systems buyout, to complete the National Weather
Service telecommunications gateway upgrade, and to
cover all associated activities, including program
management and operations and maintenance).
(f) AWIPS PROGRAM AUTHORIZATION.—(1) There are
to be authorized to be appropriated to the Secretary to en-
able the National Oceanic and Atmospheric Administration
to carry out the acquisition, deployment, program manage-
ment, operation, and maintenance of the Advanced Weather
Interactive Processing System (AWIPS), $116,910,000 for
fiscal year 1998 and $82,029,000 for fiscal year 1999.
(2)(A) Of the sums authorized in paragraph (1), except
as provided in paragraph (3), there are authorized to be
appropriated to the Secretary for all fiscal years beginning
after September 30, 1997, an aggregate of $186,300,000, to
remain available until expended, to complete the acquisi-
tion and deployment of AWIPS and NOAAPort and to
cover all associated activities, including program manage-
ment and operations and maintenance through September
30, 1999.
(B) Notwithstanding subparagraph (A), $22,635,000
of the amount described in subparagraph (A) for fiscal year
1998 shall be derived from the use of unobligated prior year
funds appropriated for the Geostationary Operational En-
vironmental Satellite program.
(3) No funds are authorized to be appropriated for any
fiscal year under paragraph (1) unless, within 60 days
after the submission of the President’s budget request for
such fiscal year, the Secretary—
(A) certifies to the Congress that—
(i) the systems meet the technical perform-
ance specifications included in the system con-
tract as in effect on August 11, 1995;
(ii) the systems can be fully deployed, sited,
and operational without requiring further ap-
propriations beyond amounts authorized under
paragraph (1); and
(iii) the Secretary does not foresee any
delays in the systems deployment and operations
schedule; or
(B) submits to the Congress a report which de-
scribes—
(i) the circumstances which prevent a cer-
tification under subparagraph (A);
(ii) remedial actions undertaken or to be
undertaken with respect to such circumstances;
(iii) the effects of such circumstances on the
systems deployment and operations schedule and
systems coverage; and
(iv) a justification for proceeding with the
program, if appropriate.
(g) CONSTRUCTION
OF WEATHER FORECAST OF-
FICES.—There are authorized to be appropriated to the Sec-
retary to enable the National Oceanic and Atmospheric Ad-
ministration to carry out construction, repair, and modi-
fication activities relating to new and existing weather fore-
cast offices, $13,823,000 for fiscal year 1998 and $8,189,000
for fiscal year 1999. Such activities include planning, de-
sign, and land acquisition related to such offices.
(h) NATIONAL CENTERS FOR ENVIRONMENTAL PRE-
DICTION RESTRUCTURING.—There are authorized to be ap-
propriated to the Secretary to enable the National Oceanic
and Atmospheric Administration to carry out restructuring
of the National Meteorological Center into the National
Centers for Environmental Prediction, $700,000 for fiscal
year 1998 and $809,000 for fiscal year 1999.
(i) FACILITIES.—There are authorized to be appro-
priated to the Secretary, to enable the National Oceanic and
Atmospheric Administration to carry out NEXRAD Weath-
er Service Office maintenance, $2,950,000 for fiscal year
1998 and $2,950,000 for fiscal year 1999.
(j) WEATHER SERVICE MODERNIZATION.—The Weath-
er Service Modernization Act (15 U.S.C. 313 note) is
amended—
(1) in section 706—
(A) by amending subsection (b) to read as
follows:
‘‘(b) CERTIFICATION.—The Secretary may not close,
automate, or relocate any field office unless the Secretary
has certified to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science
of the House of Representatives that such action will not
result in degradation of service to the affected area. Such
certification shall be in accordance with the modernization
criteria established under section 704.’’;
(B) by striking subsections (c), (d), (e), and
(f); and
(C) by inserting after subsection (b) the fol-
lowing new subsections:
‘‘(c) SPECIAL CIRCUMSTANCES.—The Secretary may
not close or relocate any field office which is located at an
airport, if the Secretary, in consultation with the Secretary
of Transportation and the Committee, determines as a re-
sult of the Air Safety Appraisal, completed and signed by
the National Weather Service and the Federal Aviation Ad-
ministration on December 9, 1996, that such action will
result in degradation of service that affects aircraft safety.
‘‘(d) PUBLIC LIAISON.—The Secretary shall maintain
for a period of at least two years after the closure of any
weather office a program to—
‘‘(1) provide timely information regarding the
activities of the National Weather Service which may
affect service to the community, including moderniza-
tion and restructuring; and
‘‘(2) work with area weather service users, in-
cluding persons associated with general aviation, civil
defense, emergency preparedness, and the news media,
with respect to the provision of timely weather
warnings and forecasts.’’; and
(2) in section 707—
(A) by amending subsection (c) to read as
follows:
‘‘(c) DUTIES.—The Committee shall advise the Con-
gress and the Secretary on—
‘‘(1) the implementation of the Strategic Plan,
annual development of the Plan, and establishment
and implementation of modernization criteria; and
‘‘(2) matters of public safety and the provision
of weather services which relate to the comprehensive
modernization of the National Weather Service.’’; and
(B) by amending subsection (f) to read as
follows:
‘‘(f) TERMINATION.—The Committee shall terminate—
‘‘(1) on September 30, 1997; or
‘‘(2) 90 days after the deadline for public com-
ment on the modernization criteria for closure certifi-
cation published in the Federal Register pursuant to
section 704(b)(2),
whichever occurs later.’’.
(k) BI-AGENCY
WORKING
GROUP.—The National
Weather Service is encouraged to follow through on the rec-
ommendation contained in the document entitled ‘‘Sec-
retary’s Report to Congress on Adequacy of NEXRAD Cov-
erage and Degradation of Weather Services Under National
Weather Service Modernization for 32 Areas of Concern’’,
dated October 12, 1995, to initiate a dialogue with the Fed-
eral Aviation Administration to form a bi-agency working
group to assess further the potential for National Weather
Service operational use of Federal Aviation Administration
weather radar data, and to define engineering consider-
ations that would be involved in implementing a data-shar-
ing link between the Federal Aviation Administration and
the National Weather Service.
(l) NEXRAD OPERATIONAL AVAILABILITY AND RELI-
ABILITY.—(1) The Secretary of Defense, in conjunction with
the Administrator, shall take steps to ensure that
NEXRADs operated by the Department of Defense that pro-
vide primary detection coverage over a portion of their
ranges function as fully committed, reliable elements of the
National Weather Radar Network, operating with the same
standards, quality, and availability as the National Weath-
er Service-operated NEXRADs.
(2) NEXRADs operated by the Department of Defense
that provide primary detection coverage over a portion of
their ranges are to be considered as integral parts of the
National Weather Radar Network.
SEC. 102. ATMOSPHERIC RESEARCH.
(a) CLIMATE AND AIR QUALITY RESEARCH.—There
are authorized to be appropriated to the Secretary to enable
the National Oceanic and Atmospheric Administration to
carry out its climate and air quality research duties,
$116,902,000 for fiscal year 1998 and $118,803,000 for fis-
cal year 1999. Such duties include interannual and sea-
sonal climate research, long-term climate and air quality
research, and high-performance computing and commu-
nications.
(b) ATMOSPHERIC PROGRAMS.—There are authorized
to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out its
atmospheric research duties, $43,456,000 for fiscal year
1998 and $44,194,000 for fiscal year 1999. Such duties in-
clude research for developing improved prediction capabili-
ties for atmospheric processes, as well as solar-terrestrial
research and services.
(c) ACQUISITION OF DATA.—There are authorized to
be appropriated to the Secretary to enable the National Oce-
anic and Atmospheric Administration to carry out data ac-
quisition activities of the Office of Oceanic and Atmospheric
Research, $12,884,000 for fiscal year 1998 and $12,884,000
for fiscal year 1999.
(d) BOULDER LABORATORY ADMINISTRATIVE SUP-
PORT CENTER.—There are authorized to be appropriated
to the Secretary to enable the National Oceanic and Atmos-
pheric Administration to continue the modifications to the
Boulder Laboratory in Boulder, Colorado, to meet pro-
grammatic requirements, $1,900,000 for fiscal year 1998
and $9,078,000 for fiscal year 1999.
SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA,
AND INFORMATION SERVICE.
(a) SATELLITE OBSERVING SYSTEMS.—There are au-
thorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to carry
out its satellite observing systems duties, $346,344,000 for
fiscal year 1998 (reduced by $12,400,000) and $522,255,000
for fiscal year 1999 (reduced by $7,000,000), to remain
available until expended. Such duties include spacecraft
procurement, launch, and associated ground station systems
involving polar orbiting and geostationary environmental
satellites, as well as the operation of such satellites. None
of the funds authorized under this subsection shall be used
for the purposes for which funds are authorized under sec-
tion 105(d) of the National Oceanic and Atmospheric Ad-
ministration Authorization Act of 1992 (Public Law 102–
567).
(b) POES PROGRAM AUTHORIZATION.—Of the sums
authorized in subsection (a), there are authorized to be ap-
propriated to the Secretary $82,905,000 for fiscal year 1998
and $172,684,000 for fiscal year 1999, to remain available
until expended, for the procurement and launch of, and sup-
porting ground systems for, Polar Orbiting Environmental
Satellites (POES), K, L, M, N, and N′.
(c) NPOESS PROGRAM AUTHORIZATION.—Of the
sums authorized in subsection (a), there are authorized to
be appropriated to the Secretary, $51,503,000 for fiscal
year 1998 and $35,000,000 for fiscal year 1999, to remain
available until expended, for the procurement of the Na-
tional Polar-Orbiting Operational Environmental Satellite
System (NPOESS), and the procurement and launch of,
and supporting ground systems for, such satellites.
(d) GOES N–Q.—Of the sums authorized in subsection
(a), there are authorized to be appropriated to the Secretary
$147,819,000 for fiscal year 1998 and $256,421,000 for fis-
cal year 1999 to procure up to three Geostationary Oper-
ational Environmental NEXT follow-on Satellites (GOES
N–Q), instruments, launching, and supporting ground sys-
tems.
(e) OTHER PROGRAMS.—Of the sums authorized in
subsection (a), there are authorized to be appropriated to
the Secretary $9,970,000 for fiscal year 1998 and
$5,400,000 for fiscal year 1999, for the Wallops Island
backup, product development, and operating adjustment ac-
tivities of the Geostationary Operational Environmental
Satellite program.
(f) OCEAN REMOTE SENSING.—Of the sums authorized
in subsection (a), there are authorized to be appropriated
to the Secretary to enable the National Oceanic and Atmos-
pheric Administration to carry out ocean remote sensing
activities, $3,800,000 for fiscal year 1998 and $3,800,000
for fiscal year 1999.
(g) ENVIRONMENTAL OBSERVING SERVICES.—Of the
sums authorized in subsection (a), there are authorized to
be appropriated to the Secretary to enable the National Oce-
anic and Atmospheric Administration to carry out Envi-
ronmental Observing Services, $50,347,000 for fiscal year
1998 and $48,950,000 for fiscal year 1999.
(h) ENVIRONMENTAL DATA AND INFORMATION SERV-
ICES.—There are authorized to be appropriated to the Sec-
retary to enable the National Oceanic and Atmospheric Ad-
ministration to carry out its environmental data and infor-
mation services duties, $43,835,000 for fiscal year 1998 and
$43,835,000 for fiscal year 1999. Such duties include cli-
mate data services, geophysical data services, and environ-
mental assessment and information services.
TITLE II—MARINE RESEARCH
SEC. 201. NATIONAL OCEAN SERVICE.
(a) NAVIGATION SERVICES.—
(1) MAPPING AND CHARTING.—There are author-
ized to be appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Administration to
carry out mapping and charting activities under the
Act of 1947 and any other law involving those activi-
ties, $36,100,000 for fiscal year 1998 and $36,100,000
for fiscal year 1999.
(2) GEODESY.—There are authorized to be ap-
propriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to carry
out geodesy activities under the Act of 1947 and any
other law involving those activities, $19,159,000 for
fiscal year 1998 and $19,159,000 for fiscal year 1999.
(3) TIDE AND CURRENT DATA.—There are au-
thorized to be appropriated to the Secretary, to enable
the National Oceanic and Atmospheric Administra-
tion to carry out tide and current observation activi-
ties under the Act of 1947 and any other law involv-
ing those activities, $11,000,000 for fiscal year 1998
and $11,187,000 for fiscal year 1999.
(b) ESTUARINE AND COASTAL ASSESSMENT.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to support
estuarine and coastal assessment activities under the
Act of 1947 and any other law involving those activi-
ties, $2,674,000 for fiscal year 1998 and $2,719,000
for fiscal year 1999.
(2) 
OCEAN
ASSESSMENT.—In 
addition 
to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out the National Status and Trends
Program, the Strategic Environmental Assessment
Program, and the Hazardous Materials Response and
Assessment Program, $28,425,000 for fiscal year 1998
and $27,840,000 for fiscal year 1999.
(3) OIL POLLUTION ACT OF 1990.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out Oil Pollution Act of 1990 activi-
ties, $1,000,000 for fiscal year 1998 and $1,017,000
for fiscal year 1999.
(4) OCEAN SERVICES.—In addition to amounts
authorized under paragraph (1), there are authorized
to be appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to
carry out ocean services duties, $2,800,000 for fiscal
year 1998 and $2,848,000 for fiscal year 1999. Such
duties include acquisition of sea-surface and ocean
temperature profiles from specially instrumented com-
mercial vessels, and storing and archiving the ac-
quired data.
(c) COASTAL OCEAN PROGRAM.—There are authorized
to be appropriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to carry out the
Coastal Ocean Program, $15,200,000 for fiscal year 1998
and $15,458,000 for fiscal year 1999.
(d) ACQUISITION OF DATA.—There are authorized to
be appropriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to carry out data
acquisition activities of the National Ocean Service,
$14,546,000 for fiscal year 1998 and $14,546,000 for fiscal
year 1999.
SEC. 202. OCEAN AND GREAT LAKES PROGRAMS.
(a) MARINE PREDICTION RESEARCH.—There are au-
thorized to be appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Administration to carry
out marine prediction research activities under the Act of
1947, the Act of 1890, and any other law involving those
activities, $17,326,000 for fiscal year 1998 and $17,620,000
for fiscal year 1999.
(b) UNDERSEA RESEARCH PROGRAM.—
(1) AUTHORIZATION.—There are authorized to be
appropriated to the Secretary, to enable the National
Oceanic and Atmospheric Administration to carry
out the National Undersea Research Program,
$5,400,000 for fiscal year 1998.
(2) PEER REVIEW.—No funds appropriated pur-
suant to this Act may be obligated for any grant un-
less such grant is competitively awarded and subject
to a peer review process established pursuant to the
plan submitted under paragraph (3).
(3) RESTRUCTURING
PLAN.—By January 15,
1998, the Secretary shall submit to the Committee on
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of
the Senate a plan for carrying out the National Un-
dersea Research Program which includes the National
Undersea Research Advisory Council and the Na-
is reduced by $25,500,000 for fiscal year 1998 and
$14,000,000 for fiscal year 1999 to reflect the use of prior
year balances.
TITLE IV—STREAMLINING OF
OPERATIONS
SEC. 401. PROGRAMS.
(a) PROGRAMS.—No funds are authorized to be appro-
priated for the following programs and accounts:
(1) Fleet Replacement in the Capital Assets Ac-
quisition Account.
(2) Federal/State Weather Modification Grants.
(3) The Southeast Storm Research Account.
(4) National Institute for Environmental Re-
newal.
(5) National Weather Service non-Federal, non-
wildfire Fire Weather Service.
(6) National Weather Service Regional Climate
Centers.
(7) Goddard Science Center.
(8) National Weather Service Samoa Weather
Forecast Office Repair and Upgrade Account.
(9) Dissemination of Weather Charts (Marine
Facsimile Service).
(10) National Coastal Resources and Develop-
ment Institute Account.
(b) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report certifying that all the pro-
grams listed in subsection (a) will be terminated no later
than September 30, 1997.
(c) REPEAL OF NOAA FLEET MODERNIZATION ACT.—
The NOAA Fleet Modernization Act (33 U.S.C. 851 note)
is repealed.
SEC. 402. LIMITATIONS ON APPROPRIATIONS.
(a) MAXIMUM AMOUNTS; OPERATIONS, RESEARCH,
AND FACILITIES.—No more than $1,039,206,000 for fiscal
year 1998 and $1,020,131,000 for fiscal year 1999 are au-
thorized to be appropriated to the Secretary by this Act and
any other Act, to enable the National Oceanic and Atmos-
pheric Administration to carry out all activities associated
with Operations, Research, and Facilities for which funds
are authorized by this Act.
(b) MAXIMUM AMOUNTS; CAPITAL ASSETS ACQUISI-
TION.—No more than $410,808,000 for fiscal year 1998 and
$548,101,000 for fiscal year 1999 are authorized to be ap-
propriated to the Secretary by this Act and any other Act,
to enable the National Oceanic and Atmospheric Adminis-
tration to carry out all activities associated with Capital
Assets Acquisition for which funds are authorized by this
Act.
(c) REDUCTION IN TRAVEL BUDGET.—Of the sums ap-
propriated under this Act for Operations, Research, and
Facilities, no more than $20,000,000 for fiscal year 1998
and $20,500,000 for fiscal year 1999 may be used for reim-
bursement of travel and related expenses for National Oce-
anic and Atmospheric Administration personnel.
SEC. 403. DISESTABLISHMENT OF THE CORPS OF COMMIS-
SIONED OFFICERS.
(a) NUMBER OF OFFICERS.—Notwithstanding section
8 of the Act of June 3, 1948 (33 U.S.C. 853g), no commis-
sioned officers are authorized for any fiscal year after fiscal
year 1997.
(b) SEVERANCE PAY.—Commissioned officers may be
separated from the active list of the National Oceanic and
Atmospheric Administration. In lieu of separation pay, of-
ficers so separated shall be eligible only for severance pay
in accordance with the terms and conditions of section 5595
of title 5, United States Code, and only to the extent pro-
vided in advance in appropriations Acts.
(c) TRANSFER.—(1) Subject to the approval of the Sec-
retary of Defense and under terms and conditions specified
by the Secretary, commissioned officers subject to subsection
(a) may transfer to the armed services under section 716
of title 10, United States Code.
(2) Subject to the approval of the Secretary of Trans-
portation and under terms and conditions specified by the
Secretary, commissioned officers subject to subsection (a)
may transfer to the United States Coast Guard under sec-
tion 716 of title 10, United States Code.
(3) Subject to the approval of the Administrator of the
National Oceanic and Atmospheric Administration and
under terms and conditions specified by that Adminis-
trator, a commissioned officer subject to subsection (a) may
be employed by the National Oceanic and Atmospheric Ad-
ministration as a member of the civil service, if the Admin-
istrator considers that individual to be the best available
candidate for the position. No new civil service position
may be created pursuant to this paragraph.
(4) The Administrator shall, before December 1, 1997,
transmit to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate a report listing all officers em-
ployed by the National Oceanic and Atmospheric Adminis-
tration under paragraph (3), a description of their respon-
sibilities as members of the NOAA Corps, and a description
of their responsibilities as civil service employees of the Na-
tional Oceanic and Atmospheric Administration.
(d) REPEALS.—(1) The following provisions of law are
repealed:
(A) The Coast and Geodetic Survey Commis-
sioned Officers’ Act of 1948 (33 U.S.C. 853a–853o,
853p–853u).
(B) The Act of February 16, 1929 (Chapter 221,
section 5; 45 Stat. 1187; 33 U.S.C. 852a).
(C) The Act of January 19, 1942 (Chapter 6; 56
Stat. 6).
(D) Section 9 of Public Law 87–649 (76 Stat.
495).
(E) The Act of May 22, 1917 (Chapter 20, sec-
tion 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
(F) The Act of December 3, 1942 (Chapter 670;
56 Stat. 1038.
(G) Sections 1 through 5 of Public Law 91–621
(84 Stat. 1863; 33 U.S.C. 857–1 et seq.).
(H) The Act of August 10, 1956 (Chapter 1041,
section 3; 70A Stat. 619; 33 U.S.C. 857a).
(I) The Act of May 18, 1920 (Chapter 190, sec-
tion 11; 41 Stat. 603; 33 U.S.C. 864).
(J) The Act of July 22, 1947 (Chapter 286; 61
Stat. 400; 33 U.S.C. 873, 874).
(K) The Act of August 3, 1956 (Chapter 932; 70
Stat. 988; 33 U.S.C. 875, 876).
(L) All other Acts inconsistent with this sub-
section.
Following the repeal of provisions under this paragraph,
all retirement benefits for the NOAA Corps which are in
existence on September 30, 1997, shall continue to apply
to eligible NOAA Corps officers and retirees.
(2) The effective date of the repeals under paragraph
(1) shall be October 1, 1997.
(e) ABOLITION.—The Office of the National Oceanic
and Atmospheric Administration Corps of Operations and
the Commissioned Personnel Center are abolished effective
September 30, 1997.
TITLE V—MISCELLANEOUS
SEC. 501. WEATHER DATA BUOYS.
(a) PROHIBITION.—It shall be unlawful for any unau-
thorized person to remove, change the location of, obstruct,
willfully damage, make fast to, or interfere with any weath-
er data buoy established, installed, operated, or maintained
by the National Data Buoy Center.
(b) CIVIL PENALTIES.—The Administrator is author-
ized to assess a civil penalty against any person who vio-
lates any provision of this section in an amount of not more
than $10,000 for each violation. Each day during which
such violation continues shall be considered a new offense.
Such penalties shall be assessed after notice and oppor-
tunity for a hearing.
(c) REWARDS.—The Administrator may offer and pay
rewards for the apprehension and conviction, or for infor-
mation helpful therein, of persons found interfering, in vio-
lation of law, with data buoys maintained by the National
Data Buoy Center; or for information leading to the discov-
ery of missing National Weather Service property or the
recovery thereof.
SEC. 502. DUTIES OF THE NATIONAL WEATHER SERVICE.
(a) IN GENERAL.—To protect life and property and
enhance the national economy, the Secretary, through the
National Weather Service, except as outlined in subsection
(b), shall be responsible for—
(1) forecasts and shall serve as the sole official
source of weather and flood warnings;
(2) the issue of storm warnings;
(3) the collection, exchange, and distribution of
meteorological, hydrological, climatic, and oceano-
graphic data and information; and
(4) the preparation of hydrometeorological guid-
ance and core forecast information.
(b) COMPETITION WITH PRIVATE SECTOR.—The Na-
tional Weather Service shall not compete, or assist other en-
tities to compete, with the private sector when a service not
specified in subsection (a) is currently provided or can be
provided by commercial enterprise, unless the Secretary
finds that the private sector is unwilling or unable to pro-
vide the services.
(c) AMENDMENTS.—The Act of 1890 is amended—
(1) by striking section 3 (15 U.S.C. 313); and
(2) in section 9 (15 U.S.C. 317), by striking all
after ‘‘Department of Agriculture’’ and inserting in
lieu thereof a period.
(d) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report detailing all National Weather
Service activities which do not conform to the requirements
of this section and outlining a timetable for their termi-
nation.
SEC. 503. MARINE SERVICES.
(a) SERVICE CONTRACTS.—Notwithstanding any other
provision of law and subject to the availability of appro-
priations, the Secretary shall enter into contracts, including
multiyear contracts, subject to subsection (c), for the use of
vessels to conduct oceanographic research and fisheries re-
search, monitoring, enforcement, and management, and to
acquire other data necessary to carry out the missions of
the National Oceanic and Atmospheric Administration. The
Secretary shall enter into these contracts unless—
(1) the cost of the contract is more than the cost
(including the cost of vessel operation, maintenance,
and all personnel) to the National Oceanic and At-
mospheric Administration of obtaining those services
on vessels of the National Oceanic and Atmospheric
Administration;
(2) the contract is for more than 7 years; or
(3) the data is acquired through a vessel agree-
ment pursuant to subsection (d).
(b) VESSELS.—The Secretary may not enter into any
contract for the construction, lease-purchase, upgrade, or
service life extension of any vessel.
(c) MULTIYEAR CONTRACTS.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), and notwithstanding section 1341 of title 31,
United States Code, and section 11 of title 41, United
States Code, the Secretary may acquire data under
multiyear contracts.
(2) REQUIRED FINDINGS.—The Secretary may
not enter into a contract pursuant to this subsection
unless the Secretary finds with respect to that con-
tract that there is a reasonable expectation that
throughout the contemplated contract period the Sec-
retary will request from Congress funding for the con-
tract at the level required to avoid contract termi-
nation.
(3) REQUIRED PROVISIONS.—The Secretary may
not enter into a contract pursuant to this subsection
unless the contract includes—
(A) a provision under which the obligation
of the United States to make payments under the
contract for any fiscal year is subject to the
availability of appropriations provided in ad-
vance for those payments;
(B) a provision that specifies the term of ef-
fectiveness of the contract; and
(C) appropriate provisions under which, in
case of any termination of the contract before the
end of the term specified pursuant to subpara-
graph (B), the United States shall only be liable
for the lesser of—
(i) an amount specified in the contract
for such a termination; or
(ii) amounts that were appropriated
before the date of the termination for the
performance of the contract or for procure-
ment of the type of acquisition covered by
the contract and are unobligated on the date
of the termination.
(d) VESSEL AGREEMENTS.—The Secretary shall use
excess capacity of University National Oceanographic Lab-
oratory System vessels where appropriate and may enter
into memoranda of agreement with the operators of these
vessels to carry out this requirement.
SEC. 504. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.
The National Oceanic and Atmospheric Administra-
tion is authorized to participate in the National Oceanic
Partnership Program established by the National Oceanic
Partnership Act (Public Law 104–201).
SEC. 505. LIMITATIONS.
(a) PROHIBITION OF LOBBYING ACTIVITIES.—None of
the funds authorized by this Act shall be available for any
activity whose purpose is to influence legislation pending
before the Congress, except that this subsection shall not pre-
vent officers or employees of the United States or of its de-
partments or agencies from communicating to Members of
Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or ap-
propriations which they deem necessary for the efficient
conduct of the public business.
(b) LIMITATION ON APPROPRIATIONS.—No sums are
authorized to be appropriated to the Administrator for fis-
cal years 1998 and 1999 for the activities for which sums
are authorized by this Act, unless such sums are specifically
authorized to be appropriated by this Act.
(c) ELIGIBILITY FOR AWARDS.—
(1) IN GENERAL.—The Administrator shall ex-
clude from consideration for grant agreements made
by the National Oceanic and Atmospheric Adminis-
tration after fiscal year 1997 any person who received
funds, other than those described in paragraph (2),
appropriated for a fiscal year after fiscal year 1997,
under a grant agreement from any Federal funding
source for a project that was not subjected to a com-
petitive, merit-based award process. Any exclusion
from consideration pursuant to this subsection shall
be effective for a period of 5 years after the person re-
ceives such Federal funds.
(2) EXCEPTION.—Paragraph (1) shall not apply
to the receipt of Federal funds by a person due to the
membership of that person in a class specified by law
for which assistance is awarded to members of the
class according to a formula provided by law.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘grant agreement’’ means a legal in-
strument whose principal purpose is to transfer a
thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a
law of the United States, and does not include the ac-
quisition (by purchase, lease, or barter) of property or
services for the direct benefit or use of the United
States Government. Such term does not include a co-
operative agreement (as such term is used in section
6305 of title 31, United States Code) or a cooperative
research and development agreement (as such term is
defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1))).
SEC. 506. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds au-
thorized by this Act are subject to a reprogramming action
that requires notice to be provided to the Appropriations
Committees of the House of Representatives and the Senate,
notice of such action shall concurrently be provided to the
Committees on Science and Resources of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) NOTICE OF REORGANIZATION.—The Administrator
shall provide notice to the Committees on Science, Re-
sources, and Appropriations of the House of Representa-
tives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not later
than 15 days before any major reorganization of any pro-
gram, project, or activity of the National Oceanic and At-
mospheric Administration.
SEC. 507. SENSE OF CONGRESS ON THE YEAR 2000 PROB-
LEM.
With the year 2000 fast approaching, it is the sense
of Congress that the National Oceanic and Atmospheric Ad-
ministration should—
(1) give high priority to correcting all 2-digit
date-related problems in its computer systems to en-
sure that those systems continue to operate effectively
in the year 2000 and beyond;
(2) assess immediately the extent of the risk to
the operations of the National Oceanic and Atmos-
pheric Administration posed by the problems referred
to in paragraph (1), and plan and budget for achiev-
ing Year 2000 compliance for all of its mission-criti-
cal systems; and
(3) develop contingency plans for those systems
that the National Oceanic and Atmospheric Adminis-
tration is unable to correct in time.
SEC. 508. BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No
funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly
known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of Congress that entities receiving such assistance
should, in expending the assistance, purchase only Amer-
ican-made equipment and products.
(c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under this Act, the Secretary of
Commerce shall provide to each recipient of the assistance
a notice describing the statement made in subsection (a)
by the Congress.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as
the ‘‘Oceanographic and Atmospheric Re-
search Authorization Act of 1997’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—ATMOSPHERIC, WEATHER, AND SATELLITE
PROGRAMS
Sec. 101. National Weather Service.
Sec. 102. Atmospheric research.
Sec. 103. National Environmental Satellite, Data, and Informa-
tion Service.
TITLE II—OCEANOGRAPHY AND MARINE RESEARCH
Sec. 201. Oceanography and marine research.
TITLE III—PROGRAM SUPPORT AND OTHER ACCOUNTS
Sec. 301. Program support.
Sec. 302. Recoveries from prior years.
TITLE IV—STREAMLINING OF OPERATIONS
Sec. 401. Programs.
Sec. 402. Limitations on appropriations.
TITLE V—MISCELLANEOUS
Sec. 501. Weather data buoys.
Sec. 502. Duties of the National Weather Service.
Sec. 503. Prohibition of lobbying activities.
Sec. 504. Notice.
Sec. 505. Sense of Congress on the Year 2000 problem.
Sec. 506. Buy American.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Act of 1890’’ means the Act enti-
tled ‘‘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 Ag-
riculture’’, approved October 1, 1890 (26
Stat. 653);
(2) ‘‘Administrator’’ means the Admin-
istrator of the National Oceanic and At-
mospheric Administration; and
(3) ‘‘Secretary’’ means the Secretary
of Commerce.
TITLE I—ATMOSPHERIC, WEATH-
ER, 
AND 
SATELLITE 
PRO-
GRAMS
SEC. 101. NATIONAL WEATHER SERVICE.
(a) OPERATIONS AND RESEARCH.—There are
authorized to be appropriated to the Sec-
retary to enable the National Oceanic and At-
mospheric Administration to carry out the op-
erations and research duties of the National
Weather Service, $458,131,000 for fiscal year
1998 and $451,074,000 for fiscal year 1999.
Such 
duties 
include 
meteorological,
hydrological, 
and 
oceanographic 
public
warnings and forecasts, as well as applied re-
search in support of such warnings and fore-
casts. Of the amounts authorized under this
subsection for each of the fiscal years 1998
and 1999, $3,600,000 shall be for the Tropical
Prediction Center/National Hurricane Center.
(b) SYSTEMS ACQUISITION.—(1) There are
authorized to be appropriated to the Sec-
retary to enable the National Oceanic and At-
mospheric Administration to carry out the
public warning and forecast systems duties of
the National Weather Service, $89,713,000 for
fiscal year 1998 (including amounts as pro-
vided in subsection (c)) and $74,453,000 for fis-
cal year 1999. Such duties include the devel-
opment, acquisition, and implementation of
major public warning and forecast systems,
including the upgrade of computer facilities.
None of the funds authorized under this sub-
section shall be used for the purposes for
which funds are authorized under subsection
(f).
(2) Of the amounts authorized under para-
graph (1), $39,591,000 for fiscal year 1998 and
$39,887,000 for fiscal year 1999 shall be for
Next Generation Weather Radar (NEXRAD)
program management, operations, and main-
tenance.
(3) Of the amounts authorized under para-
graph (1), $11,377,000 for fiscal year 1998 and
$11,224,000 for fiscal year 1999 shall be for re-
maining system acquisition, program manage-
ment, support contracts, logistic support, and
continued product improvement of NEXRAD
systems.
(c) NEW NEXRAD INSTALLATIONS.—Of the
amount authorized under subsection (b)(1)
for fiscal year 1998, $15,000,000 shall be for
the acquisition and deployment of NEXRAD
systems—
(1) identified as necessary to prevent
degradation of weather service caused by
gaps in radar coverage, in National
Weather Service follow-up studies to the
Secretary’s Report to Congress on Ade-
quacy of NEXRAD Coverage and Deg-
radation of Weather Services Under Na-
tional Weather Service Modernization for
32 Areas of Concern, dated October 12,
1995; and
(2) recommended and approved by
the Secretary,
including program management, facilities, op-
erations, and maintenance through Septem-
ber 30, 1999.
(d) ASOS PROGRAM
AUTHORIZATION.—Of
the sums authorized in subsection (b)(1),
$9,835,000 for fiscal year 1998 and $9,942,000
for fiscal year 1999 are authorized to be ap-
propriated to the Secretary, for the acquisi-
tion and deployment of—
(1) the Automated Surface Observing
System (ASOS) and related systems, in-
cluding multisensor and backup arrays
for National Weather Service sites at air-
ports; and
(2) Automated Meteorological Observ-
ing System and Remote Automated Mete-
orological Observing System replacement
units,
and to cover all associated activities, includ-
ing program management and operations and
maintenance.
(e) COMPUTER FACILITY UPGRADES.—Of the
sums 
authorized 
in 
subsection 
(b)(1),
$13,910,000 for fiscal year 1998 and $13,400,000
for fiscal year 1999 are authorized to be ap-
propriated to the Secretary for—
(1) the continued lease and mainte-
nance of the Cray C–90 supercomputer;
and
(2) the Upgrade of the Central Com-
puter Facility (to provide for payment to-
ward the Cray J-916 systems buyout, to
complete the National Weather Service
telecommunications 
gateway 
upgrade,
and to cover all associated activities, in-
cluding program management and oper-
ations and maintenance).
(f) AWIPS PROGRAM AUTHORIZATION.—(1)
There are to be authorized to be appropriated
to the Secretary to enable the National Oce-
anic and Atmospheric Administration to carry
out the acquisition, deployment, program
management, operation, and maintenance of
the Advanced Weather Interactive Processing
System (AWIPS), $116,910,000 for fiscal year
1998 and $82,029,000 for fiscal year 1999.
(2)(A) Of the sums authorized in para-
graph (1), except as provided in paragraph
(3), there are authorized to be appropriated to
the Secretary for all fiscal years beginning
after September 30, 1997, an aggregate of
$186,300,000, to remain available until ex-
pended, to complete the acquisition and de-
ployment of AWIPS and NOAAPort and to
cover all associated activities, including pro-
gram management and operations and main-
tenance through September 30, 1999.
(B) Notwithstanding subparagraph (A),
$22,635,000 of the amount described in sub-
paragraph (A) for fiscal year 1998 shall be de-
rived from the use of unobligated prior year
funds appropriated for the Geostationary
Operational 
Environmental 
Satellite 
pro-
gram.
(3) No funds are authorized to be appro-
priated for any fiscal year under paragraph
(1) unless, within 60 days after the submission
of the President’s budget request for such fis-
cal year, the Secretary—
(A) certifies to the Congress that—
(i) the systems meet the technical
performance specifications included
in the system contract as in effect on
August 11, 1995;
(ii) the systems can be fully de-
ployed, sited, and operational without
requiring further appropriations be-
yond amounts authorized under para-
graph (1); and
(iii) the Secretary does not fore-
see any delays in the systems deploy-
ment and operations schedule; or
(B) submits to the Congress a report
which describes—
(i) the circumstances which pre-
vent a certification under subpara-
graph (A);
(ii) remedial actions undertaken
or to be undertaken with respect to
such circumstances;
(iii) 
the 
effects 
of 
such 
cir-
cumstances on the systems deploy-
ment and operations schedule and
systems coverage; and
(iv) a justification for proceeding
with the program, if appropriate.
(g) CONSTRUCTION OF WEATHER FORECAST
OFFICES.—There are authorized to be appro-
priated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administra-
tion to carry out construction, repair, and
modification activities relating to new and ex-
isting weather forecast offices, $13,823,000 for
fiscal year 1998 and $8,189,000 for fiscal year
1999. Such activities include planning, design,
and land acquisition related to such offices.
(h) NATIONAL CENTERS FOR ENVIRONMENTAL
PREDICTION RESTRUCTURING.—There are au-
thorized to be appropriated to the Secretary
to enable the National Oceanic and Atmos-
pheric Administration to carry out restruc-
turing of the National Meteorological Center
into the National Centers for Environmental
Prediction, $700,000 for fiscal year 1998 and
$809,000 for fiscal year 1999.
(i) FACILITIES.—There are authorized to be
appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Adminis-
tration to carry out NEXRAD Weather Service
Office maintenance, $2,950,000 for fiscal year
1998 and $2,950,000 for fiscal year 1999.
(j) WEATHER
SERVICE
MODERNIZATION.—
The Weather Service Modernization Act (15
U.S.C. 313 note) is amended—
(1) in section 706—
(A) by amending subsection (b) to
read as follows:
‘‘(b) CERTIFICATION.—The Secretary may
not close, automate, or relocate any field of-
fice unless the Secretary has certified to the
Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on
Science of the House of Representatives that
such action will not result in degradation of
service to the affected area. Such certification
shall be in accordance with the moderniza-
tion criteria established under section 704.’’;
(B) by striking subsections (c), (d),
(e), and (f); and
(C) by inserting after subsection
(b) the following new subsections:
‘‘(c) SPECIAL
CIRCUMSTANCES.—The Sec-
retary may not close or relocate any field of-
fice which is located at an airport, if the Sec-
retary, in consultation with the Secretary of
Transportation and the Committee, deter-
mines as a result of the Air Safety Appraisal,
completed and signed by the National Weath-
er Service and the Federal Aviation Adminis-
tration on December 9, 1996, that such action
will result in degradation of service that af-
fects aircraft safety.
‘‘(d) PUBLIC LIAISON.—The Secretary shall
maintain for a period of at least two years
after the closure of any weather office a pro-
gram to—
‘‘(1) provide timely information re-
garding the activities of the National
Weather Service which may affect service
to the community, including moderniza-
tion and restructuring; and
‘‘(2) work with area weather service
users, including persons associated with
general aviation, civil defense, emergency
preparedness, and the news media, with
respect to the provision of timely weath-
er warnings and forecasts.’’; and
(2) in section 707—
(A) by amending subsection (c) to
read as follows:
‘‘(c) DUTIES.—The Committee shall advise
the Congress and the Secretary on—
‘‘(1) the implementation of the Strate-
gic Plan, annual development of the Plan,
and establishment and implementation of
modernization criteria; and
‘‘(2) matters of public safety and the
provision of weather services which re-
late to the comprehensive modernization
of the National Weather Service.’’; and
(B) by amending subsection (f) to
read as follows:
‘‘(f) TERMINATION.—The Committee shall
terminate—
‘‘(1) on September 30, 1997; or
‘‘(2) 90 days after the deadline for
public comment on the modernization
criteria for closure certification pub-
lished in the Federal Register pursuant
to section 704(b)(2),
whichever occurs later.’’.
(k) BI-AGENCY WORKING GROUP.—The Na-
tional Weather Service is encouraged to fol-
low through on the recommendation con-
tained in the document entitled ‘‘Secretary’s
Report to Congress on Adequacy of NEXRAD
Coverage and Degradation of Weather Serv-
ices Under National Weather Service Mod-
ernization for 32 Areas of Concern’’, dated Oc-
tober 12, 1995, to initiate a dialogue with the
Federal Aviation Administration to form a bi-
agency working group to assess further the
potential for National Weather Service oper-
ational use of Federal Aviation Administra-
tion weather radar data, and to define engi-
neering considerations that would be in-
volved in implementing a data-sharing link
between the Federal Aviation Administration
and the National Weather Service.
(l) NEXRAD OPERATIONAL
AVAILABILITY
AND RELIABILITY.—(1) The Secretary of De-
fense, in conjunction with the Administrator,
shall take steps to ensure that NEXRADs op-
erated by the Department of Defense that pro-
vide primary detection coverage over a por-
tion of their ranges function as fully commit-
ted, reliable elements of the National Weather
Radar Network, operating with the same
standards, quality, and availability as the Na-
tional Weather Service-operated NEXRADs.
(2) NEXRADs operated by the Department
of Defense that provide primary detection
coverage over a portion of their ranges are to
be considered as integral parts of the Na-
tional Weather Radar Network.
SEC. 102. ATMOSPHERIC RESEARCH.
(a) CLIMATE AND AIR QUALITY RESEARCH.—
There are authorized to be appropriated to
the Secretary to enable the National Oceanic
and Atmospheric Administration to carry out
its climate and air quality research duties,
$116,902,000 
for 
fiscal 
year 
1998 
and
$118,803,000 for fiscal year 1999. Such duties
include interannual and seasonal climate re-
search, long-term climate and air quality re-
search, and high-performance computing and
communications.
(b) ATMOSPHERIC PROGRAMS.—There are
authorized to be appropriated to the Sec-
retary to enable the National Oceanic and At-
mospheric Administration to carry out its at-
mospheric research duties, $43,456,000 for fis-
cal year 1998 and $44,194,000 for fiscal year
1999. Such duties include research for devel-
oping improved prediction capabilities for at-
mospheric processes, as well as solar-terres-
trial research and services.
(c) BOULDER LABORATORY ADMINISTRATIVE
SUPPORT CENTER.—There are authorized to be
appropriated to the Secretary to enable the
National Oceanic and Atmospheric Adminis-
tration to continue the modifications to the
Boulder Laboratory in Boulder, Colorado, to
meet programmatic requirements, $1,900,000
for fiscal year 1998 and $9,078,000 for fiscal
year 1999.
SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA,
AND INFORMATION SERVICE.
(a) SATELLITE OBSERVING SYSTEMS.—There
are authorized to be appropriated to the Sec-
retary to enable the National Oceanic and At-
mospheric Administration to carry out its sat-
ellite observing systems duties, $342,544,000
for fiscal year 1998 (reduced by $12,400,000)
and $518,455,000 for fiscal year 1999 (reduced
by $7,000,000), to remain available until ex-
pended. Such duties include spacecraft pro-
curement, launch, and associated ground sta-
tion systems involving polar orbiting and geo-
stationary environmental satellites, as well as
the operation of such satellites. None of the
funds authorized under this subsection shall
be used for the purposes for which funds are
authorized under section 105(d) of the Na-
tional Oceanic and Atmospheric Administra-
tion Authorization Act of 1992 (Public Law
102–567).
(b) POES PROGRAM
AUTHORIZATION.—Of
the sums authorized in subsection (a), there
are authorized to be appropriated to the Sec-
retary $82,905,000 for fiscal year 1998 and
$172,684,000 for fiscal year 1999, to remain
available until expended, for the procurement
and launch of, and supporting ground sys-
tems for, Polar Orbiting Environmental Sat-
ellites (POES), K, L, M, N, and N′.
(c) NPOESS PROGRAM AUTHORIZATION.—Of
the sums authorized in subsection (a), there
are authorized to be appropriated to the Sec-
retary, $51,503,000 for fiscal year 1998 and
$35,000,000 for fiscal year 1999, to remain
available until expended, for the procurement
of the National Polar-Orbiting Operational
Environmental Satellite System (NPOESS),
and the procurement and launch of, and sup-
porting ground systems for, such satellites.
(d) GOES N–Q.—Of the sums authorized in
subsection (a), there are authorized to be ap-
propriated to the Secretary $147,819,000 for
fiscal year 1998 and $256,421,000 for fiscal
year 1999 to procure up to three Geo-
stationary Operational Environmental NEXT
follow-on Satellites (GOES N–Q), instruments,
launching, and supporting ground systems.
(e) OTHER PROGRAMS.—Of the sums au-
thorized in subsection (a), there are author-
ized to be appropriated to the Secretary
$9,970,000 for fiscal year 1998 and $5,400,000
for fiscal year 1999, for the Wallops Island
backup, product development, and operating
adjustment activities of the Geostationary
Operational 
Environmental 
Satellite 
pro-
gram.
(f) ENVIRONMENTAL OBSERVING SERVICES.—
Of the sums authorized in subsection (a),
there are authorized to be appropriated to the
Secretary to enable the National Oceanic and
Atmospheric Administration to carry out En-
vironmental Observing Services, $50,347,000
for fiscal year 1998 and $48,950,000 for fiscal
year 1999.
(g) ENVIRONMENTAL DATA AND INFORMATION
SERVICES.—There are authorized to be appro-
priated to the Secretary to enable the Na-
tional Oceanic and Atmospheric Administra-
tion to carry out its environmental data and
information services duties, $43,835,000 for
fiscal year 1998 and $43,835,000 for fiscal year
1999. Such duties include climate data serv-
ices, geophysical data services, and environ-
mental assessment and information services.
TITLE II—OCEANOGRAPHY AND
MARINE RESEARCH
SEC. 201. OCEANOGRAPHY AND MARINE RESEARCH.
(a) COASTAL OCEAN PROGRAM.—There are
authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and At-
mospheric Administration to carry out the
Coastal Ocean Program, $15,200,000 for fiscal
year 1998 and $15,458,000 for fiscal year 1999.
(b) ACQUISITION OF DATA.—There are au-
thorized to be appropriated to the Secretary
to enable the National Oceanic and Atmos-
pheric Administration to carry out data ac-
quisition activities of the Office of Oceanic
and Atmospheric Research, $15,400,000 for fis-
cal year 1998 and $15,700,000 for fiscal year
1999.
(c) OCEAN REMOTE SENSING.—There are au-
thorized to be appropriated to the Secretary
to enable the National Oceanic and Atmos-
pheric Administration to carry out ocean re-
mote sensing activities, $3,800,000 for fiscal
year 1998 and $3,800,000 for fiscal year 1999.
(d) 
OCEANOGRAPHY
AND
MARINE
PRE-
DICTION RESEARCH.—There are authorized to
be appropriated to the Secretary, to enable
the National Oceanic and Atmospheric Ad-
ministration to carry out marine prediction
research activities under the Act of 1890, and
any other law involving those activities,
$19,851,000 for fiscal year 1998 and $19,851,000
for fiscal year 1999.
(e) ARCTIC RESEARCH.—There are author-
ized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric
Administration to carry out the Arctic re-
search activities of the Office of Oceanic and
Atmospheric Research $2,000,000 for each of
fiscal years 1998 and 1999.
(f) UNDERSEA RESEARCH PROGRAM.—
(1) AUTHORIZATION.—There are au-
thorized to be appropriated to the Sec-
retary, to enable the National Oceanic
and Atmospheric Administration to carry
out the National Undersea Research Pro-
gram, $18,000,000 for each of fiscal years
1998 and 1999.
(2) PEER
REVIEW.—No funds appro-
priated pursuant to this Act may be obli-
gated for any research grant unless such
grant is competitively awarded and sub-
ject to a peer review process established
pursuant to the plan submitted under
paragraph (3).
(3) RESTRUCTURING PLAN.—By January
15, 1998, the Secretary shall submit to the
Committees on Resources and Science of
the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a plan for
carrying out the National Undersea Re-
search Program that will ensure the qual-
ity of scientific research carried out by
the Program, the responsiveness of the
Program to the mission needs of the Na-
tional Oceanic and Atmospheric Adminis-
tration, and responsiveness of the Pro-
gram to key national needs in oceano-
graphic research.
(g) OCEAN SERVICES.—There are author-
ized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric
Administration to carry out ocean services
duties, $2,800,000 for fiscal year 1998 and
$2,848,000 for fiscal year 1999. Such duties in-
clude acquisition of sea-surface and ocean
temperature profiles from specially instru-
mented commercial vessels, and storing and
archiving the acquired data.
(h) NATIONAL
OCEANOGRAPHIC
PARTNER-
SHIP PROGRAM.—The National Oceanic and At-
mospheric Administration is authorized to
participate in the National Oceanic Partner-
ship Program established by the National
Oceanic Partnership Act (Public Law 104–
201).
TITLE III—PROGRAM SUPPORT
AND OTHER ACCOUNTS
SEC. 301. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRA-
TIVE ACTIVITIES.—There are authorized to be
appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Adminis-
tration to carry out executive direction and
administrative activities under the Act of
1970 and any other law involving those activi-
ties, $18,240,000 for fiscal year 1998 and
$17,328,000 for fiscal year 1999.
(b) SYSTEMS ACQUISITION OFFICE.—There
are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and At-
mospheric Administration to carry out Sys-
tems Acquisition Office activities, $1,423,000
for fiscal year 1998 and $1,351,000 for fiscal
year 1999.
(c) CENTRAL ADMINISTRATIVE SUPPORT.—
There are authorized to be appropriated to
the Secretary, to enable the National Oceanic
and Atmospheric Administration to carry out
central 
administrative 
support 
activities
under the Act of 1970 and any other law in-
volving those activities, $31,350,000 for fiscal
year 1998 and $29,783,000 for fiscal year 1999.
(d) AIRCRAFT SERVICES.—There are author-
ized to be appropriated to the Secretary, to
enable the National Oceanic and Atmospheric
Administration to carry out aircraft services
activities 
(including 
aircraft 
operations,
maintenance, and support) under the Act of
1970 and any other law involving those activi-
ties, $9,900,000 for fiscal year 1998 and
$9,900,000 for fiscal year 1999.
SEC. 302. RECOVERIES FROM PRIOR YEARS.
The total amount authorized to be appro-
priated pursuant to title I is reduced by
$25,500,000 for fiscal year 1998 and $14,000,000
for fiscal year 1999 to reflect the use of prior
year balances.
TITLE IV—STREAMLINING OF
OPERATIONS
SEC. 401. PROGRAMS.
(a) PROGRAMS.—No funds are authorized
to be appropriated for the following programs
and accounts:
(1) Federal/State Weather Modifica-
tion Grants.
(2) The Southeast Storm Research Ac-
count.
(3) National Institute for Environ-
mental Renewal.
(4) National Weather Service non-
Federal, non-wildfire Fire Weather Serv-
ice.
(5) National Weather Service Re-
gional Climate Centers.
(6) Goddard Science Center.
(7) National Weather Service Samoa
Weather Forecast Office Repair and Up-
grade Account.
(b) REPORT.—Not later than 60 days after
the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on
Science of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a report certify-
ing that all the programs listed in subsection
(a) will be terminated no later than Septem-
ber 30, 1997.
SEC. 402. LIMITATIONS ON APPROPRIATIONS.
(a) MAXIMUM AMOUNTS; OPERATIONS, RE-
SEARCH, 
AND
FACILITIES.—No 
more 
than
$1,039,206,000 
for 
fiscal 
year 
1998 
and
$1,020,131,000 for fiscal year 1999 are author-
ized to be appropriated to the Secretary by
title I of this Act to enable the National Oce-
anic and Atmospheric Administration to carry
out all activities associated with Operations,
Research, and Facilities for which funds are
authorized by this Act.
(b) MAXIMUM AMOUNTS; CAPITAL ASSETS AC-
QUISITION.—No more than $410,808,000 for fis-
cal year 1998 and $548,101,000 for fiscal year
1999 are authorized to be appropriated to the
Secretary by title I of this Act to enable the
National Oceanic and Atmospheric Adminis-
tration to carry out all activities associated
with Capital Assets Acquisition for which
funds are authorized by this Act.
TITLE V—MISCELLANEOUS
SEC. 501. WEATHER DATA BUOYS.
(a) PROHIBITION.—It shall be unlawful for
any unauthorized person to remove, change
the location of, obstruct, willfully damage,
make fast to, or interfere with any weather
data buoy established, installed, operated, or
maintained by the National Data Buoy Cen-
ter.
(b) CIVIL PENALTIES.—The Administrator
is authorized to assess a civil penalty against
any person who violates any provision of this
section in an amount of not more than $10,000
for each violation. Each day during which
such violation continues shall be considered
a new offense. Such penalties shall be as-
sessed after notice and opportunity for a
hearing.
(c) REWARDS.—The Administrator may
offer and pay rewards for the apprehension
and conviction, or for information helpful
therein, of persons found interfering, in viola-
tion of law, with data buoys maintained by
the National Data Buoy Center; or for infor-
mation leading to the discovery of missing Na-
tional Weather Service property or the recov-
ery thereof.
SEC. 502. DUTIES OF THE NATIONAL WEATHER SERVICE.
(a) IN GENERAL.—To protect life and prop-
erty and enhance the national economy, the
Secretary, through the National Weather
Service, except as outlined in subsection (b),
shall be responsible for—
(1) forecasts and shall serve as the
sole official source of weather and flood
warnings;
(2) the issue of storm warnings;
(3) the collection, exchange, and dis-
tribution of meteorological, hydrological,
climatic, and oceanographic data and in-
formation; and
(4) 
the 
preparation 
of
hydrometeorological guidance and core
forecast information.
(b) COMPETITION WITH PRIVATE SECTOR.—
The National Weather Service shall not com-
pete, or assist other entities to compete, with
the private sector when a service not speci-
fied in subsection (a) is currently provided or
can be provided by commercial enterprise,
unless the Secretary finds that the private
sector is unwilling or unable to provide the
services.
(c) AMENDMENTS.—The Act of 1890 is
amended—
(1) by striking section 3 (15 U.S.C.
313); and
(2) in section 9 (15 U.S.C. 317), by
striking all after ‘‘Department of Agri-
culture’’ and inserting in lieu thereof a
period.
(d) REPORT.—Not later than 60 days after
the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on
Science of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a report detail-
ing all National Weather Service activities
which do not conform to the requirements of
this section and outlining a timetable for
their termination.
SEC. 503. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act
shall be available for any activity whose pur-
pose is to influence legislation pending before
the Congress, except that this subsection shall
not prevent officers or employees of the Unit-
ed States or of its departments or agencies
from communicating to Members of Congress
on the request of any Member or to Congress,
through the proper channels, requests for leg-
islation or appropriations which they deem
necessary for the efficient conduct of the pub-
lic business.
SEC. 504. NOTICE.
(a) NOTICE
OF REPROGRAMMING.—If any
funds authorized by this Act are subject to a
reprogramming action that requires notice to
be provided to the Appropriations Commit-
tees of the House of Representatives and the
Senate, notice of such action shall concur-
rently be provided to the Committees on
Science and Resources of the House of Rep-
resentatives and the Committee on Com-
merce, Science, and Transportation of the
Senate.
(b) NOTICE OF REORGANIZATION.—The Ad-
ministrator shall provide notice to the Com-
mittees on Science, Resources, and Appro-
priations of the House of Representatives, and
the Committees on Commerce, Science, and
Transportation and Appropriations of the
Senate, not later than 15 days before any
major reorganization of any program, project,
or activity of the National Oceanic and Atmos-
pheric Administration.
SEC. 505. SENSE OF CONGRESS ON THE YEAR 2000 PROB-
LEM.
With the year 2000 fast approaching, it is
the sense of Congress that the National Oce-
anic 
and 
Atmospheric 
Administration
should—
(1) give high priority to correcting all
2-digit date-related problems in its com-
puter systems to ensure that those sys-
tems continue to operate effectively in
the year 2000 and beyond;
(2) assess immediately the extent of
the risk to the operations of the National
Oceanic and Atmospheric Administration
posed by the problems referred to in
paragraph (1), and plan and budget for
achieving Year 2000 compliance for all of
its mission-critical systems; and
(3) develop contingency plans for
those systems that the National Oceanic
and Atmospheric Administration is un-
able to correct in time.
SEC. 506. BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—
No funds appropriated pursuant to this Act
may be expended by an entity unless the en-
tity agrees that in expending the assistance
the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American
Act’’).
(b) SENSE
OF CONGRESS.—In the case of
any equipment or products that may be au-
thorized to be purchased with financial assist-
ance provided under this Act, it is the sense
of Congress that entities receiving such as-
sistance should, in expending the assistance,
purchase only American-made equipment and
products.
(c) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance under this
Act, the Secretary of Commerce shall provide
to each recipient of the assistance a notice de-
scribing the statement made in subsection (a)
by the Congress.