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 marine prediction research.
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. 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 ex-
penses 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 commis-
sioned officers of the National Oceanic and Atmos-
pheric Administration, and for other purposes’’, ap-
proved December 31, 1970 (33 U.S.C. 857–1 et
seq.);
(4) ‘‘Administrator’’ means the Administrator
of the National Oceanic and Atmospheric Adminis-
tration; 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 au-
thorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to
carry out the operations and research duties of the Na-
tional Weather Service, $458,131,000 for fiscal year 1998
and $451,074,000 for fiscal year 1999. Such duties in-
clude meteorological, hydrological, and oceanographic pub-
lic warnings and forecasts, as well as applied research in
support of such warnings and forecasts.
(b) SYSTEMS ACQUISITION.—(1) There are author-
ized to be appropriated to the Secretary to enable the Na-
tional 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 (including 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 up-
grade of computer facilities. 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 fis-
cal year 1999 shall be for Next Generation Weather Radar
(NEXRAD) program management, operations, and main-
tenance.
(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 Mod-
ernization for 32 Areas of Concern, dated October
12, 1995; and
(2) recommended and approved by the Sec-
retary,
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 Sys-
tem and Remote Automated Meteorological Observ-
ing System replacement units.
and to cover all associated activities, including 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 au-
thorized 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 enable the National Oceanic and Atmospheric Adminis-
tration 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) 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 acqui-
sition and deployment of AWIPS and NOAAPort and to
cover all associated activities, including program manage-
ment and operations and maintenance through September
30, 1999.
(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
appropriations 
beyond 
amounts 
authorized
under paragraph (1); and
(iii) the Secretary does not foresee any
delays in the systems deployment and oper-
ations 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
Secretary to enable the National Oceanic and Atmospheric
Administration to carry out construction, repair, and
modification activities relating to new and existing weath-
er 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 of-
fices.
(h) NATIONAL CENTERS FOR ENVIRONMENTAL PRE-
DICTION RESTRUCTURING.—There are authorized to be
appropriated to the Secretary to enable the National Oce-
anic and Atmospheric Administration to carry out restruc-
turing of the National Meteorological Center into the Na-
tional 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
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 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
following 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 Sec-
retary of Transportation and the Committee, determines
as a result of the Air Safety Appraisal, completed and
signed by the National Weather Service and the Federal
Aviation Administration on December 9, 1996, that such
action will result in degradation of service that affects air-
craft 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 mod-
ernization 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 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 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 comprehen-
sive modernization of the National Weather Serv-
ice.’’; and
(B) by amending subsection (f) to read as
follows:
‘‘(f) TERMINATION.—The Committee shall termi-
nate—
‘‘(1) on September 30, 1997; or
‘‘(2) 90 days after the deadline for public com-
ment on the modernization criteria for closure cer-
tification 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
recommendation contained in the document entitled ‘‘Sec-
retary’s Report to Congress on Adequacy of NEXRAD
Coverage and Degradation of Weather Services Under Na-
tional Weather Service Modernization for 32 Areas of
Concern’’, dated October 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 operational use of Federal Avia-
tion Administration weather radar data, and to define en-
gineering considerations that would be involved in imple-
menting a data-sharing link between the Federal Aviation
Administration and the National Weather Service.
(l) NEXRAD OPERATIONAL AVAILABILITY AND RE-
LIABILITY.—(1) The Secretary of Defense, in conjunction
with the Administrator, shall take steps to ensure that
NEXRADs operated by the Department of Defense that
provide 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
Weather Service-operated NEXRADs.
(2) NEXRADs operated by the Department of De-
fense that provide primary detection coverage over a por-
tion 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 en-
able the National Oceanic and Atmospheric Administra-
tion to carry out its climate and air quality research du-
ties, $109,902,000 for fiscal year 1998 and $111,803,000
for fiscal year 1999. Such duties include interannual and
seasonal climate research, long-term climate and air qual-
ity research, and high-performance computing and com-
munications.
(b) ATMOSPHERIC PROGRAMS.—There are author-
ized to be appropriated to the Secretary to enable the Na-
tional 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 du-
ties include research for developing improved prediction
capabilities for atmospheric processes, as well as solar-ter-
restrial research and services.
(c) 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 Office of Oceanic and At-
mospheric 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 At-
mospheric 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
authorized 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 and $522,255,000 for
fiscal year 1999, to remain available until expended. Such
duties include spacecraft procurement, launch, and associ-
ated ground station systems involving polar orbiting and
geostationary environmental satellites, as well as the oper-
ation 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
National Oceanic and Atmospheric Administration Au-
thorization 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 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 supporting ground systems for, Polar Orbiting En-
vironmental 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 re-
main available until expended, for the procurement of the
National Polar-Orbiting Operational Environmental Sat-
ellite System (NPOESS), and the procurement and launch
of, and supporting ground systems for, such satellites.
(d) GOES N–Q.—Of the sums authorized in sub-
section (a), there are authorized to be appropriated to the
Secretary $147,819,000 for fiscal year 1998 and
$256,421,000 for fiscal year 1999 to procure up to three
Geostationary Operational Environmental NEXT follow-
on Satellites (GOES N–Q), instruments, launching, and
supporting ground systems.
(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
$5,300,000 for fiscal year 1999, for the Wallops Island
backup, product development, and operating adjustment
activities of the Geostationary Operational Environmental
Satellite program.
(f) OCEAN REMOTE SENSING.—There are authorized
to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric 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
DATA
AND
INFORMATION
SERVICES.—There are authorized to be appropriated to
the Secretary to enable the National Oceanic and Atmos-
pheric Administration 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 du-
ties include climate data services, geophysical data serv-
ices, and environmental assessment and information serv-
ices.
TITLE II—MARINE RESEARCH
SEC. 201. NATIONAL OCEAN SERVICE.
(a) NAVIGATION SERVICES.—
(1) MAPPING AND CHARTING.—There are au-
thorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out mapping and charting activities
under the Act of 1947 and any other law involving
those activities, $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 en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out tide and current observation ac-
tivities under the Act of 1947 and any other law in-
volving 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
appropriated to the Secretary, to enable the Na-
tional Oceanic and Atmospheric Administration to
support estuarine and coastal assessment activities
under the Act of 1947 and any other law involving
those activities, $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
enable the National Oceanic and Atmospheric Ad-
ministration to carry out the National Status and
Trends Program, the Strategic Environmental As-
sessment 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 enable the National Oceanic and Atmospheric Ad-
ministration to carry out Oil Pollution Act of 1990
activities, $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 author-
ized to be appropriated to the Secretary, to enable
the National Oceanic and Atmospheric Administra-
tion 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 instru-
mented 
commercial 
vessels, 
and 
storing 
and
archiving the acquired data.
(c) COASTAL OCEAN PROGRAM.—There are author-
ized to be appropriated to the Secretary, to enable the Na-
tional 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 fis-
cal year 1999.
SEC. 202. OCEAN AND GREAT LAKES MARINE PREDICTION
RESEARCH.
There are authorized to be appropriated to the Sec-
retary, to enable the National Oceanic and Atmospheric
Administration to carry out marine prediction research ac-
tivities 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.
TITLE III—PROGRAM SUPPORT
AND OTHER ACCOUNTS
SEC. 301. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE
ACTIVITIES.—There are authorized to be appropriated to
the Secretary, to enable the National Oceanic and Atmos-
pheric Administration to carry out executive direction and
administrative activities under the Act of 1970 and any
other law involving those activities, $18,240,000 for fiscal
year 1998 and $17,328,000 for fiscal year 1999.
(b) SYSTEMS ACQUISITION OFFICE.—There are au-
thorized to be appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Administration to
carry 
out 
Systems 
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 en-
able the National Oceanic and Atmospheric Administra-
tion to carry out central administrative support activities
under the Act of 1970 and any other law involving those
activities, $31,350,000 for fiscal year 1998 and
$29,783,000 for fiscal year 1999.
(d) RETIRED PAY.—There are authorized to be ap-
propriated to the Secretary, for retired pay for retired
commissioned officers of the National Oceanic and Atmos-
pheric Administration under the Act of 1970, $14,000,000
for fiscal year 1998.
(e) AIRCRAFT SERVICES.—There are authorized to be
appropriated to the Secretary, to enable the National Oce-
anic and Atmospheric Administration to carry out aircraft
services activities (including aircraft operations, mainte-
nance, and support) under the Act of 1970 and any other
law involving those activities, $9,900,000 for fiscal year
1998 and $9,900,000 for fiscal year 1999.
SEC. 302. OTHER ACCOUNTS.
(a) FLEET MAINTENANCE AND PLANNING.—There
are authorized to be appropriated to the Secretary, to en-
able the National Oceanic and Atmospheric Administra-
tion to carry out fleet maintenance and planning activities,
$11,823,000 for fiscal year 1998 and $11,823,000 for fis-
cal year 1999.
(b) RECOVERIES FROM PRIOR YEARS.—The total
amount authorized to be appropriated pursuant to this Act
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 ap-
propriated for the following programs and accounts:
(1) The National Undersea Research Program.
(2) Fleet Replacement in the Capital Assets Ac-
quisition Account.
(3) Federal/State Weather Modification Grants.
(4) The Southeast Storm Research Account.
(5) National Institute for Environmental Re-
newal.
(6) National Weather Service non-Federal, non-
wildfire Fire Weather Service.
(7) National Weather Service Regional Climate
Centers.
(8) Goddard Science Center.
(9) National Weather Service Samoa Weather
Forecast Office Repair and Upgrade Account.
(10) Dissemination of Weather Charts (Marine
Facsimile Service).
(11) National Coastal Resources and Develop-
ment Institute Account.
(12) Global Learning and Observations to Ben-
efit the Environment program.
(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 Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a report certifying that all
the programs 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 fis-
cal year 1998 and $1,020,131,000 for fiscal year 1999
are authorized to be appropriated to the Secretary by this
Act and any other Act, to enable the National Oceanic
and Atmospheric Administration to carry out all activities
associated with Operations, Research, and Facilities.
(b) MAXIMUM AMOUNTS; CAPITAL ASSETS ACQUISI-
TION.—No more than $490,692,000 for fiscal year 1998
and $644,801,000 for fiscal year 1999 are authorized to
be appropriated to the Secretary by this Act and any other
Act, to enable the National Oceanic and Atmospheric Ad-
ministration to carry out all activities associated with Cap-
ital Assets Acquisition.
(c) REDUCTION IN TRAVEL BUDGET.—Of the sums
appropriated 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 re-
imbursement of travel and related expenses for National
Oceanic and Atmospheric Administration personnel.
SEC. 403. DISESTABLISHMENT OF THE CORPS OF COMMIS-
SIONED OFFICERS.
(a) NUMBER OF OFFICERS.—Notwithstanding sec-
tion 8 of the Act of June 3, 1948 (33 U.S.C. 853g), no
commissioned 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
provided in advance in appropriations Acts.
(c) TRANSFER.—(1) Subject to the approval of the
Secretary 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 Atmos-
pheric Administration as a member of the civil service, if
the Administrator 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 Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report listing
all officers employed by the National Oceanic and Atmos-
pheric Administration under paragraph (3), a description
of their responsibilities as members of the NOAA Corps,
and a description of their responsibilities as civil service
employees of the National Oceanic and Atmospheric Ad-
ministration.
(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,
section 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, ob-
struct, willfully damage, make fast to, or interfere with
any weather 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
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 violation of law, with data buoys maintained by the Na-
tional Data Buoy Center; or for information leading to
the discovery of missing National Weather Service prop-
erty 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 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
National Weather Service shall not compete, or assist
other entities to compete, with the private sector when a
service is currently provided or can be provided by com-
mercial enterprise, unless—
(1) the Secretary finds that the private sector
is unwilling or unable to provide the services; and
(2) the service provides vital weather warnings
and forecasts for the protection of lives and property
of the general public.
(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 Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing all Na-
tional Weather Service activities which do not conform to
the requirements of this section and outlining a timetable
for their termination.
SEC. 503. MARINE SERVICES.
(a) SERVICE
CONTRACTS.—Notwithstanding any
other provision of law and subject to the availability of
appropriations, the Secretary shall enter into contracts,
including multiyear contracts, subject to subsection (c),
for the use of vessels to conduct oceanographic research
and fisheries research, monitoring, enforcement, and man-
agement, and to acquire other data necessary to carry out
the missions of the National Oceanic and Atmospheric Ad-
ministration. The Secretary shall enter into these con-
tracts unless—
(1) the cost of the contract is more than the
cost (including the cost of vessel operation, mainte-
nance, and all personnel) to the National Oceanic
and Atmospheric Administration of obtaining those
services on vessels of the National Oceanic and At-
mospheric 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
Secretary will request from Congress funding for the
contract at the level required to avoid contract ter-
mination.
(3) REQUIRED
PROVISIONS.—The Secretary
may not enter into a contract pursuant to this sub-
section 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
effectiveness 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 sub-
paragraph (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
Laboratory 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 pend-
ing before the Congress, except that this subsection shall
not prevent officers or employees of the United 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 public business.
(b) LIMITATION
ON
APPROPRIATIONS.—Notwith-
standing any other provision of law, no sums are author-
ized to be appropriated for fiscal years 1998 and 1999
for the activities for which sums are authorized by this
Act, unless such sums are specifically authorized to be ap-
propriated 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 re-
ceived funds, other than those described in para-
graph (2), appropriated for a fiscal year after fiscal
year 1997, under a grant agreement from any Fed-
eral funding source for a project that was not sub-
jected to a competitive, merit-based award process.
Any exclusion from consideration pursuant to this
subsection shall be effective for a period of 5 years
after the person receives 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 pro-
vided by law.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘grant agreement’’ means a legal
instrument 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
acquisition (by purchase, lease, or barter) of prop-
erty or services for the direct benefit or use of the
United States Government.